The purpose of this chapter is to provide for the regulation of tattoo parlors and mobile tattoo vehicles operating in the city of Lemon Grove to prevent communicable disease, which may be spread through improper tattooing techniques.
(Ord. 299, 2000)
The following terms contained in this chapter shall have the following meanings:
"Approved"
means acceptable to the health officer of the county of San Diego.
"Aseptic technique"
means practices which prevent and hinder the transmission of disease producing micro-organisms from one person or place to another person or place.
"Biohazardous waste"
means any of the following:
1. 
Laboratory waste, including, but not limited to, specimen cultures from medical and pathological laboratories, cultures and stocks of infectious agents from research and industrial laboratories, wastes from the production of biological agents, discarded live and attenuated vaccines, and culture dishes and devices used to transfer, inoculate and mix cultures or material which may contain infectious agents and may pose a substantial threat to health;
2. 
Recognizable fluid blood elements and regulated body fluids, and containers and articles contaminated with blood elements or regulated body fluids that readily separate from the solid portion of the waste under ambient temperature and pressure. Regulated body fluids are cerebrospinal fluid, synovial fluids, pleural fluid, peritoneal fluid, pericardial fluid, and amniotic fluid;
3. 
Sharps, which are objects or devices having acute rigid corners, edges, or protuberances capable of cutting or piercing, including, but not limited to, hypodermic needles, blades and slides;
4. 
Contaminated animal carcasses, body parts, excrement and bedding of animals including materials resulting from research, production of biologicals, or testing of pharmaceuticals which are suspected of being infected with a disease communicable to humans;
5. 
Any specimens sent to a laboratory for microbiological analysis;
6. 
Surgical specimens including human or animal parts or tissues removed surgically or by autopsy;
7. 
Such other waste materials that result from the administration of medical care to a patient by health care providers and are found by the administering agency or the local health officer to pose a threat to human health or the environment. If there is a difference in opinion between the administering agency and the local health officer, the local health officer's view will prevail.
"Department"
means the San Diego County department of health services.
"Enforcement officer"
means the health officer of the county of San Diego or designees, the deputy director of environmental health services or his/her assistant deputies, designees and employees, or the city's code enforcement officer.
"Mobile tattoo vehicle"
means a nonpermanent, mobile tattoo establishment, operating at locations remote from the permanent tattoo establishment, from which a tattoo artist does tattooing for a fee or for other consideration.
"Permit"
means an annual permit issued to a tattoo parlor or mobile tattoo vehicle by the deputy director of environmental health services.
"Single service"
means one-time, one-person use.
"Tattoo artist"
means a person who engages in tattooing.
"Tattoo parlor establishment"
means any permanent premises where a tattoo artist does tattooing for a fee or for other consideration.
"Tattooing"
means any method of placing designs, letters, scrolls, figures, symbols, or any other marks upon or under the skin with ink or colors, by the aid of needles or instruments.
(Ord. 299, 2000)
A. 
No tattooing shall be done on skin surfaces which have rash, pimples, boils, infections or manifest any evidence of unhealthful conditions.
B. 
No tattoo shall be administered to any person under the age of eighteen years of age.
C. 
No tattooing shall be performed on any person who has a history of jaundice or hepatitis infection within the previous thirty days.
(Ord. 299, 2000)
A. 
The operator shall be free of communicable diseases and have no pustular skin lesions.
B. 
The operator shall not smoke during the tattoo operation.
C. 
The operator shall wear a clean, light-colored, short-sleeved smock during the tattoo operation.
D. 
The operator shall wear disposable gloves during the tattooing operation.
(Ord. 299, 2000)
A. 
Before working on a customer, the tattoo artists shall cleanse their hands and arms in the following manner:
1. 
Thoroughly scrub hands and fingernails with water, soap and a hand brush. The upper arms to the elbow shall be scrubbed with soap;
2. 
Rinse hands and upper arm with running water;
3. 
Rinse hands with an approved antiseptic solution such as seventy percent alcohol; and
4. 
Hands and arms may be dried with clean, individual, single-use towels.
B. 
The area of the customer's skin to be tattooed shall be prepared by:
1. 
Washing with water and soap. A sterile hand brush, in conjunction with water and soap, shall be used to produce a clean skin area;
2. 
After washing of the skin surface, shaving shall be done with a new single-service blade. The blade shall be discarded, in the proper manner, after use. Reusable blade holders shall be sterilized in an autoclave after each use. If disposable blade holders are used, they may be used on one customer only and then shall be disposed in an approved manner;
3. 
Following shaving, the skin shall be prepared by thoroughly washing with soap, followed by gentle scrubbing of the skin with seventy percent isopropyl alcohol or Betadyne three times, using a separate sterile gauze pad each time;
4. 
Petroleum jelly to be used for stencils shall be dispensed from a disposable, single-use collapsible tube or container, approved by the health officer, and shall be applied on the area to be tattooed with sterile gauze, sterile tongue blade or sterile applicator stick. The container shall be discarded following a single use.
C. 
During the tattoo operation, dyes, inks and bodily fluids shall be removed with sterile material and properly disposed of at the end of the tattoo operation.
D. 
The tattooed skin surface shall be treated in the following manner:
1. 
The tattooed skin surface shall be washed with a sterile gauze saturated with seventy percent alcohol solution.
2. 
The tattooed skin surface shall be allowed to air dry.
3. 
The tattooed skin surface may be treated with Bacitracin ointment applied with a sterile applicator from single-use tubes of ointment. Unused portions of the ointment shall be discarded.
4. 
The tattooed skin surface shall be loosely covered with a dry sterile gauze dressing with adhesive to permit free circulation of air.
(Ord. 299, 2000)
A. 
All pigments, dyes and equipment shall be steam sterilized in an autoclave with at least fifteen pounds pressure per square inch (two hundred fifty-one degrees Fahrenheit) for at least fifteen minutes. Autoclaves shall not be overloaded. Equipment shall be loosely packed in the autoclave. There shall be sufficient equipment on hand in each establishment to handle twenty-four hours tattooing without having to resterilize.
B. 
Instruments and equipment that shall be steam sterilized shall include, but not be limited to:
Charcoal
Needles
Dyes, pigments
Paper towels, napkins
Needle tubes
Wiping cloths
C. 
All equipment shall be thoroughly cleaned before being sterilized. Instruments shall be cleaned with soap or detergents by use of a brush. Interior of needle barrels shall be brushed. After cleaning, equipment shall be thoroughly rinsed under running fresh tap water.
D. 
Each piece of equipment shall be individually wrapped with paper in an approved method for autoclaving. Metal foil may not be used. Tattooing needles shall be threaded through the metal tube that attaches to the tattooing vibrator and shall be placed in a glass (or plastic) test tube with a cotton plug for autoclaving. Gauze may be placed at bottom of test tube to prevent damage to needle tips. Wiping tissues shall be sterilized in a single pack to be used for one tattoo only and then be discarded.
E. 
All packs shall be marked with temperature recording tape or labels.
F. 
The packages in which equipment is sterilized shall be dated with date of autoclaving. Equipment shall not be used thirty days or more after autoclaving, without being resterilized.
G. 
Dyes or inks shall be used from squeeze bottle containers in which the dyes or inks have been sterilized in an autoclave. Dye shall be kept in a sterile condition and the dye bottles filled with dye shall be autoclaved at least once a week or more often, if necessary, to keep the dye in a sterile condition. Refilling of partially depleted squeeze bottle containers with dyes or inks shall necessitate subjecting the bottle and its contents to the sterilization procedure.
(Ord. 299, 2000)
A. 
Reusable stencils shall be sanitized by immersion in a chlorine solution containing no less than one hundred parts per million (ppm) of chlorine (one ounce of household bleach (five and one-quarter percent) with one quart of water). The sanitizing solution may not be used for more than thirty minutes after preparation.
B. 
The stencil shall be scrubbed with soap and a brush after use to remove all accumulations of carbon and Vaseline in the etched grooves of the stencil. The stencil shall be dried on a clean towel.
C. 
The dried stencil shall be sanitized by immersing in the chlorine solution, design side down for at least ten minutes.
D. 
The sanitized stencil shall be rinsed in tap water and may be air-dried or blot dried with clean, sterile paper towels. The stencil shall be stored in a clean folder or envelope.
E. 
Prior to use, each pre-cleaned stencil shall be wiped with a piece of sterile gauze soaked in seventy percent isopropyl alcohol. The stencil shall be allowed to air dry while other preparatory steps are being taken.
(Ord. 299, 2000)
A. 
Dyes or inks shall be from an approved source of supply. The tattoo parlor permittee shall submit to the enforcement officer in writing, the source of the dyes and inks used in their establishment.
B. 
Dyes or inks to be immediately used in tattooing shall be dispensed from the sterile dye bottles into sterile paper cups. Upon completion of the tattooing, the paper cups and remaining dye shall be discarded in the appropriate manner. Any dye in which a needle was dipped shall not be used on another customer.
C. 
Styptics shall be single-use only. Styptic material shall be dispensed only from single-use containers, then discarded after use on one customer.
(Ord. 299, 2000)
All infections resulting from the practice of tattooing shall be reported to the health officer, by the person owning or operating the tattoo establishment.
(Ord. 299, 2000)
A. 
The permit holder shall maintain proper records of each customer. The records shall include the following information:
1. 
The date when the tattoo was applied;
2. 
The name, address and age of the customer;
3. 
The design of the tattoo and the location applied to the body;
4. 
The name of the tattoo artist.
B. 
The information required in subsection A of this section shall be permanently recorded, in ink or indelible pencil, in a bound book kept solely for this purpose. This book shall be available at reasonable hours for examination by the enforcement officer and shall be kept in the establishment for a minimum of six months.
(Ord. 299, 2000)
A. 
The premises of a tattoo parlor shall be maintained in a clean and sanitary manner at all times, free from vermin or rodent infestation and excessive dust and dirt.
B. 
The walls and ceilings shall be easily cleanable, smooth-surfaced and light-colored. All walls and ceilings shall be kept in a clean condition and in good repair.
C. 
The floor surfaces shall be of smooth, nonabsorbent material and constructed so as to be easily cleanable. The floors shall be kept in a clean condition and in good repair.
D. 
Adequate lighting and ventilation shall be provided.
E. 
Each tattoo establishment shall have a sink for the exclusive use of the tattoo artist for hand washing and preparing the customers for tattooing. The sink shall be supplied with hot and cold running water under pressure to a mixing-type faucet, a soap dispenser with soap, and single-use paper towels from a dispenser.
F. 
Water closet and hand basin shall be available on the premises for use by customers and tattoo artists. The plumbing fixtures and toilet room shall be maintained in a sanitary condition and in good repair.
G. 
All needles and instruments shall be stored in a manner so as to provide protection from contamination after sterilization. Adequate storage shall be provided for all needles and instruments.
H. 
Operating tables shall be constructed of metal or white enamel or porcelain finish, or stainless steel. The operating tables shall be separated from observers and waiting customers by at least ten feet.
I. 
No smoking shall be permitted in the tattooing area.
J. 
Adequate, approved containers shall be provided for the disposal of wastes.
K. 
Instruments, dyes, inks, pigments, carbon, stencils and other paraphernalia used in the tattoo parlor shall be stored exclusively in approved closed cabinets.
L. 
No animals shall be allowed in the tattoo parlor at any time.
(Ord. 299, 2000)
Potentially biohazardous waste materials generated by tattoo parlor establishments and mobile tattoo vehicles shall be disposed of in the following manner:
A. 
Sharps, which are objects or devices having acute rigid corner, edges, or protuberances capable of cutting or piercing, including, but not limited to, hypodermic needles, tattoo needles, blades, and slides shall be disinfected and disposed of, by one of the following methods:
1. 
By a cold disinfection method when used strictly in accordance to instructions, and which has been approved by the State Department of Health Services. The sharps disposed of in this manner may be disposed of via the municipal solid waste hauler. Prior to pick-up by the municipal solid waste hauler, the cold disinfection container shall be stored in a locked trash dumpster or a secured trash area to prevent tampering;
2. 
By disposal via a permitted biohazardous waste hauler or a state of California Authorized Medical Waste Hauler, who possesses a permit from the appropriate regulatory agency;
3. 
By autoclaving the sharps to be disposed of for at least thirty minutes at fifteen pounds per square inch (psi) at a temperature of two hundred fifty-one degrees Fahrenheit, bound in packs with temperature sensitive indicating tape. Once sterilized, the sharps must be contained before disposal in the municipal landfill;
4. 
Other disposal methods approved by the State Department of Health Services or the local health officer.
B. 
Gauze, wipes, tissues, unused dyes and inks, and other nonsharp(s) used in a tattooing operation shall be contained and secured on site, to prevent unauthorized access. This material shall be disposed of, in the municipal landfill by a licensed solid waste hauler (general trash hauler).
(Ord. 299, 2000)
In addition to complying with the requirements of Sections 8.21.030 through 8.21.100, excepting 8.21.110(F), mobile tattoo vehicles and tattoo artists working from a mobile tattoo vehicle shall also comply with all of the following requirements:
A. 
Mobile tattoo vehicles, which do not have on-board sterilization equipment, shall have sufficient utensils and equipment on hand in each mobile tattoo vehicle to handle one day's tattooing without having to resterilize.
B. 
Tattooing performed pursuant to this section shall be done only from an enclosed vehicle such as a trailer or mobile home. No tattooing of the skin shall be performed outside of the enclosed vehicle.
C. 
No animals shall be allowed in the mobile tattoo vehicle at any time.
D. 
The mobile tattoo vehicle shall be used only for the purposes of tattooing.
E. 
The mobile tattoo vehicle shall be equipped with a sink for the exclusive use of the tattoo artist for hand washing and preparing customers for tattooing. The sink shall be supplied with hot and cold running water under pressure to a mixing type faucet, a soap dispenser with soap and single-use paper towels from a dispenser. An adequate supply of potable water shall be maintained for the mobile tattoo vehicle at all times tattooing is being performed.
F. 
All liquid wastes shall be stored in an adequate storage tank with a capacity at least fifty percent greater than the capacity of the on-board potable water. Liquid wastes shall be disposed of at approved trailer dumpsites.
G. 
The mobile tattoo vehicle shall be maintained in a clean and sanitary condition free of vermin, at all times. Doors shall be self-closing and tight fitting. Openable windows shall have tight-fitting screens.
H. 
There shall be approved restroom facilities within two hundred feet of the mobile tattoo vehicle.
I. 
There shall be adequate light and ventilation in each mobile tattoo vehicle.
J. 
Mobile tattoo vehicles which are not associated with tattoo parlor establishments operating in the city of Lemon Grove shall maintain on-board steam sterilization equipment meeting the requirements of Section 8.21.060. All equipment requiring sterilization shall be sterilized using the on-board sterilization equipment.
(Ord. 299, 2000)
Every person proposing to construct a tattoo parlor establishment or mobile tattoo vehicle, shall file a copy of the plans thereof, with the appropriate plan review fee, prior to construction, with the deputy director of environmental health services, for review and written approval prior to commencing the work and in advance of the issuance of any building, plumbing or electrical permit.
(Ord. 299, 2000)
For the purposes of this chapter, the enforcement officer may at all reasonable times enter all parts of a tattoo parlor establishment or mobile tattoo vehicle to make examination and investigation to determine the sanitary condition of the establishment or vehicle and whether this chapter or rules and regulations are being violated.
(Ord. 299, 2000)
It is unlawful for any person to engage in the business of operating a tattoo parlor establishment or a mobile tattoo vehicle without first applying for and receiving approval of a permit from the deputy director of environmental health services.
(Ord. 299, 2000)
The permit required by this chapter shall be applied for and issued as prescribed in Chapter 5.08 of this code. Every person applying for a permit shall pay the annual permit fee set forth in Chapter 5.08 of this code.
(Ord. 299, 2000)
A. 
Any person violating any provision of this chapter shall be deemed guilty of an misdemeanor.
B. 
Each day on which a violation occurs or continues shall constitute a separate offense.
(Ord. 299, 2000)
A. 
In the event that the deputy director of environmental health services has determined that conditions exist or have existed in the past which indicate an inability or unwillingness to comply with the requirements of this chapter, a permit revocation or suspension hearing may be conducted. All matters relative to the permit revocation or suspension hearing action will be conducted pursuant to Chapter 5.08 of this code.
B. 
Hearing Officer. The hearing officer shall be a person designated by the deputy director of environmental health services.
(Ord. 299, 2000)