[R.O. 1992 § 616.010; Ord. No. 1798-00 § 1, 8-15-2000]
In this Chapter, unless the context requires otherwise, the following words and phrases shall have the meanings respectively ascribed to them by this Section:
- BODY PIERCING
- The perforation of human tissue other than an ear for a nonmedical purpose.
- BODY PIERCING FACILITY
- Any room, or any part thereof, where body piercing is practiced or where the business of body piercing is conducted.
- CERTIFICATE OF INSPECTION
- The written approval from the Director or an authorized representative, that said tattoo/body piercing establishment has been inspected and meets all of the terms of this Chapter relating to physical facilities, equipment and layout for operation of such business.
- The City Administrator or an authorized representative or designee.
- An operator means any individual, firm company, corporation, partnership, or association that owns or operates a tattoo/body piercing parlor and any individual who performs or practices the art of tattooing or body piercing on the person of another.
- PERMANENT COLOR TECHNICIAN AND TATTOO ARTIST
- This is a person who practices tattooing or permanent color, technology, or both, pursuant to this Chapter.
- PERMANENT COLOR TECHNOLOGY
- The process by which the skin is marked or colored by insertion of nontoxic dyes or pigments into or under the subcutaneous portion of the skin so as to form indelible marks for cosmetic or figurative purposes.
- One (1) or more of the following:
- TATTOO/BODY PIERCING STUDIO
- Any place where persons are tattooed or body pierced for consideration other than a licensed medical practitioner or where tattooing or body piercing is regularly conducted whether or not it is in exchange for compensation.
[R.O. 1992 § 616.020; Ord. No. 1798-00 § 1, 8-15-2000]
It shall be unlawful for any person to engage in the business of operating a tattoo/body piercing parlor without first obtaining a business license to engage in such business from the City Clerk in accordance with the provisions of this Chapter and Chapter 605 of this Code.
No person, including a permanent color technician, tattoo artist, or body piercer shall perform tattooing or body piercing, display a sign, or in any other way advertise or purport to be a permanent color technician, tattoo artist, or body piercer unless that person holds a valid business license issued by the City Clerk.
The license must be displayed in a prominent place in the tattoo/body piercing studio.
[R.O. 1992 § 616.030; Ord. No. 1798-00 § 1, 8-15-2000]
The operator applying for a license to operate a tattoo/body piercing studio shall include the following information in their application:
The name, address, date of birth for the responsible individual, and the full or legal name under which they will conduct business; if a corporation, its name, date and place of incorporation, address of its principal place of business, and the names of its principal officers together with their respective addresses and date of birth, and if a partnership, association, or unincorporated company, the names of the partners, owners, and the managing officer or employee and their business and residence address and date of birth of each person identified.
Submit a list of persons to be employed and working at the business, including their names, addresses and date of birth.
License history of other establishment operated by any person listed in Subsection (A) as required by the Director.
Certificate of inspection by the Director.
Address of location of the proposed tattoo/body piercing studio.
To be granted a license, each owner, managing officer, and employee must have not been convicted of a violation of the provisions of any law applicable to tattoo parlor/body piercing operations, and has not had a license for such operation revoked within the three (3) years prior to submission of the applicant's application for a license under this Chapter, must not be in arrears to the City for any back taxes license fees or permit fees, Court fines, or judgments, and must not have accepted directly or indirectly any loans, equipment, money, credit or property of any kind, except ordinary commercial credit as such term is defined in the Rules and Regulations of the Supervisor of Liquor Control of the State of Missouri.
Pre-licensing inspection, upon receipt of initial license application, shall be done to determine if the building and premises meet all health, fire, zoning and building code requirements.
The City Clerk may issue a license to the operator of a tattoo/body piercing parlor after determining that the tattoo/body piercing parlor is in conformance with applicable statutes, rules, and building, health, fine, and zoning codes.
[R.O. 1992 § 616.040; Ord. No. 1798-00 § 1, 8-15-2000]
Any license for the operation of a tattoo/body piercing studio may be revoked at any time for violations of this Chapter by the Director; providing, however, that such license may not be revoked by the Director until the operator has been given an opportunity for a hearing before the Director.
Upon receipt of an application for a hearing the Director shall forthwith notify the applicant of the date and place of the review. The Director, after taking into account all of the facts, shall thereupon take such action as he/she deems appropriate, including reinstatement, revocation, or suspension of the license. Appeal of the Director's decision may be made to the Board of Aldermen as provided in Chapter 605 of this Code.
[R.O. 1992 § 616.050; Ord. No. 1798-00 § 1, 8-15-2000]
A fee in the amount of three hundred dollars ($300.00) shall accompany an application for an initial tattoo/body piercing studio license. Any change of ownership shall require a new application and license, with payment of fees therefor.
[R.O. 1992 § 616.060; Ord. No. 1798-00 § 1, 8-15-2000]
The tattoo/body piercing studio license fee for engaging in the business of operating a tattoo/body piercing studio within the City shall be one hundred dollars ($100.00) per annum per permanent color technician, body piercing, and/or tattoo artist plus the actual cost involved in any re-inspections deemed necessary due to multiple violations of this Code. The application must be updated annually and the applicant must meet the requirements of this Chapter in order to be eligible for renewal.
No person shall:
Sell, barter, or offer to sell or barter a license;
Purchase or procure by barter a license with intent to use it as evidence of the person's qualification to practice tattooing or body piercing.
Alter materially a license with fraudulent intent;
Use or attempt to use as a valid license a license which has been purchased, fraudulently obtained, counterfeited or materially altered; or
Willfully make a false, material statement in an application for licensure or for renewal of a license.
[R.O. 1992 § 616.070; Ord. No. 1798-00 § 1, 8-15-2000]
Each person who operates a tattoo/body piercing studio shall comply with the following requirements and maintain written records of such, where indicated below, for inspection by the Director so as to prevent or hinder the transfer of microorganisms from one (1) person or place to another person or place. The tattoo/body piercing studio shall be maintained in a sanitary condition at all times.
Before administering a tattoo, the patron must be advised that the tattoo should be considered permanent; that it can be removed only with a surgical procedure; that any effective removal may leave permanent scarring and disfigurement; that there is possible risk and dangers associated with the application of each tattoo, including possibility of discomfort or pain, the risk of infection, and the possibility of an allergic reaction to the pigments or other materials used. A written cautionary notice to that effect shall be furnished to and signed by the patron and retained on file at the establishment.
Inquiry shall be made, and a conformation report shall be completed and signed in front of a witness by all patrons testifying to their freedom from jaundice, hepatitis, the HIV/AIDS virus, and/or any other blood transmitted communicable disease prior to commencing a procedure of tattooing or body piercing. The licensee in accordance with Section 616.140 shall maintain confirmation reports.
Written instructions approved by the Director regarding the proper care of the tattooed or pierced skin, as a precaution against infections shall be provided to each patron following the tattoo procedure. These instructions shall include:
Limit exposure to sun and swimming for a least two (2) weeks;
Proper cleansing of tattoo area;
Application of healing cream or ointment;
Bandaging of tattoo or pierced area for a minimum of six (6) hours;
Information regarding who to contact at the tattoo parlor in case of concerns or questions;
Instructions to client to seek a health care provider in the event of infection or allergic reaction, e.g., drainage, redness, swelling, fever, etc.;
Information regarding pain control, i.e., the use of acetaminophen or ibuprofen;
Signature of client;
Witness (name and/or signature).
Room Cleanliness Required.
The room in which tattooing or body piercing is done shall have an area of not less than fifty (50) square feet and shall have adequate lighting of a least fifty (50) footcandles of illumination and shall be properly ventilated. If fluorescent light bulbs are used to illuminate a work area, said bulbs shall be within a boxed in lighting fixture. The walls, floors and ceiling shall have impervious, smooth, and washable surfaces. A toilet shall be located in the establishment and shall be accessible to the public at all times when the tattooing establishment is open for business. Adequate and conveniently located lavatory or lavatories shall be supplied with hot and cold running water, germicidal soap and single-service towels, self-dehydrating hand sanitizing products, or other approved hand drying devices and refuse containers shall be provided. Such facilities shall be kept clean and in good repair.
All tables and other equipment shall be constructed of easily cleanable material, shall be painted or finished in a light color, with a smooth washable finish, and shall be separated from the view of waiting customers or observers by a panel of a least six (6) feet high or by a door. The entire premises and equipment shall be maintained in a clean, sanitary condition and in good repair. No carpeting shall be permitted and the rooms in which tattooing or body piercing is performed shall be cleaned daily with a disinfectant.
Barrier film should be placed for the tattoo artist work area wherever there is a possibility of cross contamination. Barrier film must be disposed of after each use. Tables shall have a disposable covering and disposed of after each use.
Neither the patron or operator shall consume or bring food or drink into the tattooing/body piercing area and shall not smoke or consume alcoholic beverages in the tattoo/body piercing studio during the procedure, or in the room(s) where the tattooing or body piercing takes place.
If the operator will come into contact with the patron, fore arm sleeves shall be worn to protect the patron from direct contact.
The operator must be free from communicable disease while administering tattoos or body piercing and present no pustule lesions or open wounds of the hands or arms. The operator shall also be required to show proof that he/she has received the hepatitis B vaccine series in the manner prescribed by the Department of Health.
Immediately before administering a tattoo or body piercing, the operator must thoroughly wash his/her hands in hot water with an anti-bacterial soap, using a short bristled brush for a period of time no less than three (3) minutes and then dry the hands with individual, single-use towels.
The operator shall wear clean and easily cleanable smock or disposable apron as well as single service examination gloves while administering the tattoo or body piercing procedure. When a tattooing or body piercing session is interrupted or immediately after gloves are torn or perforated, gloves shall be removed and discarded and hands shall be washed in the same manner as noted above and a fresh pair of gloves used.
The operator, while administering a tattoo or body piercing, shall wear an effective hair restraint, must have clean fingernails, and shall in general pay particular attention to his/her personal hygiene. Beard guard or hair restraints shall be used where appropriate.
The skin surrounding the area where the tattoo or body piercing is to be placed shall first be washed with a germicidal skin preparation and then shaved with a disposable blade. Following the preceding, the skin must be gently scrubbed with Betadine or approved antibacterial solutions or other United States Department of Agriculture approved antiseptic products using a sterile gauze pad which shall be disposed of after use.
No tattooing or body piercing shall be done on any skin surface that has rash, pimples, boils, infections or manifests any evidence of unhealthy conditions.
No skin area shall be penetrated, abraded or treated with chemicals for the purpose of removing, camouflaging or altering any blemish, or birthmark.
Only disposable razors may be used and shall be promptly disposed of after each use. No other type of razor may be used.
Only petroleum jelly in collapsible metal or plastic tubes, or its equivalent, as approved by the Director, shall be used on the area to be tattooed or pierced and it shall be applied with sterile gauze. The use of styptic pencils, alum blocks, or other solid styptics to check the flow of blood are prohibited.
Single-service or individual containers of dye or ink shall be used for each patron and the container therefor shall be discarded immediately after completing work on a patron and any dye in which the needles were dipped shall not be used on another person. Excess dye or ink shall be removed from the skin with an individual sterile sponge or a disposable paper tissue, which shall be used only on one (1) person and then immediately discarded. Any acetate tattoo stencils shall be single-service and shall be properly discarded after use. After completing work on any person, the tattooed or pierced area shall be washed with a sterile gauze saturated with a Betadine afterwash and an A&D ointment or equivalent, shall be applied to the tattoo/body pierced area. A sterile gauze dressing shall then be applied and fastened to the tattoo area with adhesive tape. No petroleum-based dressings shall be applied to the tattooed area.
All infections involving communicable diseases resulting from the practice of tattooing or body piercing shall be reported to the Director by the person owning or operating the establishment as soon as it becomes known or suspected.
No tattooing or body piercing shall be performed on a person whom the operator suspects is under the influence of alcohol or drugs.
Each tattoo artist, permanent color technician, or body piercer shall have the education, training and experience, or any combination thereof to practice aseptic technique and the proper use of sterile equipment. All procedures shall be performed using aseptic and/or sterile techniques.
[R.O. 1992 § 616.080; Ord. No. 1798-00 § 1, 8-15-2000]
All clean and ready-to-use needles and instruments shall be kept in a closed glass or metal case or storage cabinet while not in use. Such cabinet shall be maintained in a sanitary manner at all times. Needles and tubes shall be individually sealed.
A steam sterilizer (autoclave) shall be provided for sterilizing all needles and similar instruments before use on any customer, person, or patron. Sterilization of equipment will be accomplished by exposure to live steam for at least thirty (30) minutes after the chamber of the autoclave has been evacuated of air at a minimum pressure of fifteen (15) pounds per square inch, temperature of two hundred fifty degrees Fahrenheit (250° F.). All autoclaves shall be cleaned daily and Unisonics shall be cleaned with Benz-All and a cleaning solution. Sterilized equipment shall be stored, wrapped, or covered in a manner that will ensure that it will remain sterile until used. Each batch of sterilized equipment shall be labeled with the date of the sterilization, and the initials of the person sterilizing.
The needles and instruments required to be sterilized shall be used, handled, and temporarily placed during tattooing or body piercing so that they will not be contaminated. Needles and barrels shall be kept in a dry heat with sterilization for no less than one (1) hour at two hundred forty degrees Fahrenheit (240° F.) prior to application.
Records shall be kept on permanent file showing that a certified waste disposal company disposed of any hazardous waste properly according to law.
Spore tests shall be run at least monthly and permanent records of such inspections by a third party approved by the Director shall be kept on file.
If needles are made on the premises, the room in which they are made shall be well ventilated in order to meet the Occupational Safety Health Act requirements for harmful vapors. Needles made on the premises shall be cleaned in a Unisonic, sterilized before packaging, and then sterilized after packaging.
[R.O. 1992 § 616.090; Ord. No. 1798-00 § 1, 8-15-2000]
All pigments, dyes, colors, etc., used in tattooing or body piercing shall be sterile and free from bacteria, virus particles and noxious agents and substances, and the pigments, dyes and colors used from stock solutions for each customer or patron shall be placed in a single-service receptacle and such receptacle and remaining solution shall be discarded after use on each customer or patron. To avoid the possibility of cross-contamination, in the pouring of all pigments, dyes, colors, etc., from stock solutions, no part of the container of stock solution shall come into direct contact with the single service receptacle. Material data or safety records retention requirements of Section 616.140.
All bandages and surgical dressings used in connection with the tattooing or body piercing of a person shall be sterile.
[R.O. 1992 § 616.100; Ord. No. 1798-00 § 1, 8-15-2000]
An applicant for a license to operate a tattoo/body piercing parlor shall first obtain a certificate of inspection from the Director or designee, indicating the establishment has been inspected and is in compliance with the provisions of this Chapter. Said certificate of inspection is valid for only one (1) year and therefore, a current certificate must be presented each year upon application for renewal of license.
[R.O. 1992 § 616.110; Ord. No. 1798-00 § 1, 8-15-2000]
The Director or designee may conduct periodic inspections of any tattoo/body piercing studio for the purpose of determining whether or not said establishment and the persons performing the art of tattooing and/or body piercing therein are in compliance with all applicable health provisions contained within this Chapter and other pertinent ordinances. It shall be unlawful for any person or operator of a tattoo/body piercing studio to willfully prevent or restrain the Director or designee from entering any licensed establishment where tattooing or body piercing is being performed for the purpose of inspecting said premises, after proper identification is presented to the operator.
[R.O. 1992 § 616.120; Ord. No. 1798-00 § 1, 8-15-2000]
No tattoo or body piercing may be administered to any person less than eighteen (18) years of age.
[R.O. 1992 § 616.130; Ord. No. 1798-00 § 1, 8-15-2000]
The licensee or operator of the establishment shall maintain permanent records for each patron or customer. Before the tattooing or body piercing operation begins, the patron or customer shall be required personally to enter, on record form provided for such establishments, the date, his/her name, address, age, serial number if a member of the armed forces, and his/her signature. Such records shall be maintained in the tattoo/body piercing studio and shall be available for examination by the Director. The operator or licensee shall retain records for a period of not less than three (3) years. In the event of a change of ownership of closing of the business, all such records shall be made available to the Director.
[R.O. 1992 § 616.140; Ord. No. 1798-00 § 1, 8-15-2000]
In addition to the revocation and suspension of any license, any person violating any provision of this Chapter shall be fined not less than one hundred dollars ($100.00) or more than five hundred dollars ($500.00) for each offense, imprisoned for a period of up to ninety (90) days, or both, fine and imprisonment. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.