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City of Franklin, WI
Milwaukee County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Franklin 12-1-1998 by Ord. No. 98-1521. Amendments noted where applicable.]
GENERAL REFERENCES
Licenses and permits — See Ch. 169.
A. 
The provision of §§ 252.23 to 252.245 of the Wisconsin Statutes and Wisconsin Administrative Code Chapter HFS 173 as they may be from time to time amended are adopted by reference and incorporated into this section as if fully set forth herein.
B. 
If the provisions of the law and regulations set forth in Subsection A conflict with the regulations set forth below, the law and regulations noted at Subsection A above shall govern.
Pursuant to § 252.245, Wis. Stats., the Franklin Health Department is authorized to enter into a written agreement with the Department of Health and Family Services to be the Department's agent for the licensing, investigating and inspecting of tattooists and tattoo establishments and body piercers and body piercing establishments.
A. 
No tattoo establishment or body piercing establishment shall be operated or maintained in the City of Franklin without first obtaining a license.
B. 
A license may be issued for only one tattoo establishment or body piercing establishment at a fixed and certain place. Any operator desiring to operate more than one tattoo or body piercing establishment must have a license for each, except that a combination tattoo/body piercing establishment license may be issued for one location.
C. 
No license or interest in a license may be transferred to any person, partnership or corporation.
D. 
It shall be unlawful for any tattooist, body piercer or operator to knowingly perform any service directly related to the operation of a tattoo or body piercing establishment which does not have a valid license pursuant to this section.
A. 
Any person, partnership or corporation desiring to secure a tattoo establishment, body piercing establishment or combination tattoo/body piercing establishment license shall make application to the City Clerk.
B. 
The application shall be on a form provided by the Health Department and shall provide the following information:
(1) 
The name(s) (including aliases), addresses and dates of birth of the applicant, any partner or limited partner in a partnership application, any shareholder holding more than 10% of the stock of a corporate applicant and each corporate officer and director.
(2) 
Written proof that each person required to be identified in § 226-4B(1) is at least 18 years of age.
(3) 
The address of the establishment to be licensed.
(4) 
Whether the applicant or any person required to be identified in § 226-4B(1) is currently operating or has previously operated, in this or any other municipality or state, under a tattoo or body piercing establishment license, whether the applicant or person required to be named in § 226-4B(1) has ever had such a license or permit suspended or revoked, the reason therefore and the business entity or trade name under which the applicant operated that was subject to the suspension or revocation.
(5) 
If the applicant is a corporation, the name of the corporation, the date and state of incorporation and the name and address of the registered agent.
(6) 
Proof of ownership, lease or other legally enforceable right to possess, use and control premises where the licensed establishment is to be located.
C. 
Failure or refusal of the applicant to completely and truthfully provide responses to the application questions, to give any information relevant to the investigation of the application or refusal to appear at any reasonable time and place for examination regarding said application shall constitute an admission by the applicant that the applicant is ineligible for such license and shall be grounds for denial thereof.
Upon receipt of an application and fee, the City Clerk shall refer the application to the Health Department, Police Department, Fire Department and Building Inspection Department. The Health Department and each other department, except the Police Department, shall make an investigation of the premises to ensure that it complies with applicable state and local laws. The Police Department shall make an investigation of the statements made in the application. Each department shall notify the City Clerk as to the results of its investigation.
The City of Franklin Board of Health or its designee may grant a license if all of the following conditions are met:
A. 
That the business operation as proposed by the applicant will comply with the provisions of this section and all other applicable rules, regulations, ordinances and state law.
B. 
That, subject to §§ 111.321, 111.322 and 111.335, Wis. Stats., the applicant, or any of the officers, directors or persons holding more than 10% of the corporation stock or any of the partners have not, within the five years immediately preceding the date of the application been convicted of violating this chapter, or of any other offense substantially related to tattooing or body piercing.
C. 
That the applicant, if an individual, partners or the officers, directors or persons holding more than 10% of the corporate stock, if the applicant is a corporation, are at least 18 years of age on the date of application.
D. 
That the applicant has not knowingly made any false, misleading or fraudulent statement of fact in the license application or other information required in conjunction therewith.
E. 
That the applicant, if a corporation, is licensed to do business and is in good standing in the State of Wisconsin.
F. 
That the applicant has substantially complied with all building, zoning, plumbing, electrical, fire and health codes.
The following fees shall be assessed all applicants:
A. 
A nonrefundable license fee as set forth in Ch. 169, Licenses and Permits, plus the State of Wisconsin administrative fee shall be submitted with the application for a tattoo establishment license.
B. 
A nonrefundable license fee as set forth in Ch. 169, Licenses and Permits, plus the State of Wisconsin administrative fee shall be submitted with the application for a body piercing establishment license.
C. 
A nonrefundable license fee as set forth in Ch. 169, Licenses and Permits, plus the State of Wisconsin administrative fee shall be submitted with the application for a combination tattoo/body piercing establishment license.
D. 
A one-time preinspection fee as set forth in Ch. 169, Licenses and Permits, for each original tattoo, body piercing or tattoo/body piercing establishment license.
A. 
Prior to issuance of a tattoo or body piercing establishment license, each operator shall submit written procedures to the Health Department setting forth each step to be taken by a tattooist, body piercer or other employee in sterilizing equipment that is not single use.
B. 
Prior to issuance of a tattoo or body piercing establishment license, each operator shall submit written procedures to the Health Department setting forth each step to be taken by a tattooist or body piercer in cleaning, preparing and applying antiseptic to the skin of the patron.
C. 
No tattoo or body piercing establishment may operate until the procedures required in Subsections A and B have been approved by the Health Department.
D. 
Prior to issuance of a tattoo or body piercing establishment license, the operator shall physically demonstrate to staff of the City of Franklin Health Department the sterilization of equipment following the approved sterilization procedure set forth in Subsection A. A spore test shall be conducted by a State of Wisconsin approved laboratory and the license shall only be issued upon a negative spore result.
The written care instructions required to be provided to each patron after completion of the tattoo or body piercing procedure shall be submitted to the Health Department for approval prior to issuance of the tattoo or body piercing establishment license.
A. 
Prior to issuance and renewal of a tattoo or body piercing establishment license, the applicant or license holder shall submit to the Health Department proof of workers compensation and comprehensive general liability insurance in minimum amounts of $500,000 per occurrence and/or $1,000,000 aggregate covering all personal injury to patrons and all operations and procedures conducted on the licensed premises, including but not limited to the tattooing and piercing of a person's skin and complications therefrom.
B. 
Such insurance shall contain a provision from the insurance company to the City pledging to notify the City within 10 days of any change or cancellation of the policy.
C. 
Such insurance shall be maintained at all times the tattoo or body piercing establishment is open for business. Failure to maintain such insurance shall constitute grounds for immediate suspension at the order of the Health Officer or his designee.
The tattoo, body piercing or combination license shall be posted in a conspicuous place in the establishment so that it may be read by the patrons thereof.
A. 
All licenses granted under this chapter shall expire on June 30 and must be renewed.
B. 
There shall be no proration of license fees.
C. 
An annual nonrefundable renewal fee in the amount as set forth in Ch. 169, Licenses and Permits, as well as any and all State of Wisconsin administrative fees, shall be paid by the renewal applicant.
D. 
Application for renewal shall be made no later than June 1.
Tattoo or body piercing establishments shall be allowed to be open only between the hours of 8:00 a.m. and 10:00 p.m., Monday through Saturday, and 10:00 a.m. and 6:00 p.m. on Sunday.
A. 
No temporary establishment may be operated in the City of Franklin without first obtaining a license.
B. 
A temporary tattoo or body piercing establishment shall comply with all regulations for regular establishments as well as those set forth in Wisconsin Administrative Code § HFS 173.11.
Prior to issuance of a license to a tattoo or body piercing establishment, the license applicant shall submit written proof of the establishment's ability to properly dispose of sharps and infectious waste as provided in Wisconsin Administrative Code § NR 526.
No body piercer may use a piercing gun or similar device for body piercing a patron unless such piercing gun is disposable, sterile and for single patron use only or is sterilized between each use as set forth in Wisconsin Administrative Code § HFS 173.03(20).
A. 
Due to the permanent nature of tattoos, no tattooist or tattoo establishment may apply a tattoo to a patron until 24 hours have passed since the patron first requested the tattoo.
B. 
The patron's record shall note that the patron was advised of the twenty-four-hour waiting period, in writing, with the patron's signed acknowledgment thereon.
C. 
No tattooist or tattoo establishment may bind or attempt to bind a patron to committing to obtaining a tattoo or paying for such services by signing the twenty-four-hour waiting period acknowledgment.
A. 
Due to the serious nature of the decision to have a body part pierced, no body piercer or body piercing establishment may body pierce a patron until 24 hours have passed since the patron first requested the body piercing.
B. 
The patron's record shall note that the patron was advised of the twenty-four-hour waiting period, in writing, with the patron's signed acknowledgment thereon.
C. 
No body piercer or body piercing establishment may bind or attempt to bind a patron to committing to obtaining a body piercing or paying for such services by signing the twenty-four-hour waiting period acknowledgment.
No tattooist or body piercer may perform tattooing or body piercing procedures unless the current and valid license issued by the Department of Health and Family Services is posted in the establishment in a public and conspicuous place or is in their possession. Such license shall be displayed to any member of the Franklin Health Department, Franklin Police Department or Department of Health and Family Services employee upon request.
No tattooist shall use and no tattoo establishment shall suffer or permit the use of solder which contains lead to be used to fasten needles.
All tattooists and body piercers shall wear single-use aprons which shall be disposed of after completing the procedure on a patron.
No operator or employee of a tattoo or body piercing establishment shall allow, suffer or permit loitering on the business premises. For purposes of this section, "business premises" shall include the licensed premises, property owned or leased by the tattoo or body piercing establishment and contiguous with the licensed premises and parking lots, alleys and sidewalks contiguous with the licensed premises.
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
BRANDING
The burning of skin with a hot tool, cauterizing laser or dry ice so that a mark is imbedded in the deep tissues.
IMPLANTATION
The insertion of an object under the skin so that is remains under the skin, in whole or in part, after the procedure. This definition shall not apply to the post used in body piercing to keep the perforation from closing.
SCARIFICATION
The cutting of the skin so that when it heals, scar tissue remains.
B. 
Prohibition. No person shall intentionally engage in the practice of implanting, branding or scarification in the City of Franklin except as set forth herein.
C. 
Exceptions. The prohibition set forth in Subsection B shall not apply to Wisconsin-licensed physicians or procedures or orders delegated by a licensed Wisconsin physician.
A. 
Every act or omission by an employee constituting a violation of the provisions of this chapter shall be deemed the act or omission of the operator if such act or omission occurs either with the authorization, knowledge or approval of the operator or as a result of the operator's negligent failure to supervise the employee's conduct, and the operator shall be liable for such act or omission in the same manner as if the operator committed the act or caused the omission.
B. 
Any act or omission of any employee constituting a violation of the provisions of this chapter shall be deemed an act or omission of the operator for purposes of determining whether the license shall be suspended, revoked or not renewed.
A. 
The Franklin Police Department and Franklin Health Department shall have the authority to enter any tattoo or body piercing establishment at all reasonable times to inspect the premises and enforce this chapter. The Health Department shall inspect each tattoo and body piercing establishment at least twice per year to ensure compliance with the provisions of this chapter.
B. 
If upon inspection of a tattoo or body piercing establishment the authorized employee or agent of the Department finds that the tattoo or body piercing establishment is not planned, equipped or operated as required by this chapter, the employee or agent shall notify the operator in writing. The notice shall include an order that directs the operator to make specified changes that will bring the establishment into compliance with standards established in this chapter and that stipulates the time period within which compliance is to take place.
A. 
A license issued pursuant to the provisions of this chapter is subject to suspension, revocation or nonrenewal by written order of the City of Franklin Board of Health or its designee. Any person aggrieved by such order may request a hearing to challenge the order. A request for a hearing under this subsection shall be submitted to the City of Franklin Board of Health or its designee within 15 days of issuance of the order. The hearing shall be held before the City of Franklin Municipal Court. Procedures for the hearing shall be in accordance with Wis. Stats., §§ 68.11 and 68.12 and the decision shall be appealable by either party under procedures set forth at Wis. Stats., § 68.13.
B. 
The Board of Health or its designee may suspend, revoke or refuse to renew a tattoo or body piercing license for any of the following reasons:
(1) 
Violation of this chapter or any other ordinance, administrative rule or statute related to the practice of tattooing or body piercing.
(2) 
Failure to correct violations noted in an order issued under § 226-25B by the expiration of the time period stated in the order or any reasonable extension of that time period.
(3) 
Knowingly misrepresenting, misstating or failing to disclose information requested on the application form(s) or requested by the License Committee.
(4) 
Using, causing, or promoting the use of false, misleading or deceptive advertising, promotional literature, warranty, label or insignia.
(5) 
Knowingly deceiving a patron or the public by acting in a manner as to mislead the patron or the public as to the person's professional or license status.
(6) 
Knowingly employing, directly or indirectly, any suspended, revoked or unlicensed person to perform tattooing or body piercing.
(7) 
Knowingly permitting another person to use the license issued under this chapter.
(8) 
Practicing tattooing or body piercing under a false, misleading or deceptive name.
(9) 
"Sexual harassment," as that term is defined in § 111.32(13), Wis. Stats., of a patron.
C. 
An operator whose license has been revoked or not renewed shall not be eligible for licensure under this chapter for a period of one year from the date the revocation or nonrenewal takes effect.
D. 
Except for emergency suspensions for the public health and safety, a suspension shall be for not less than 10 days nor more than 90 days.
A. 
The provisions of § 226-26 notwithstanding, whenever the Health Officer or his designee has reasonable cause to believe that the sanitary condition, operation, method of operation of the premises or equipment used on the premises creates an immediate danger to health or safety or whenever the Health Officer or his designee has reasonable cause to believe that the insurance required in § 226-10 has been changed or canceled so as not to provide the required insurance, the Health Officer or his designee may issue a temporary order suspending the operation of a tattoo or body piercing establishment.
B. 
The order may be made orally but must be followed within 24 hours by a written order personally delivered to the licensed establishment.
C. 
The order may require cessation of all operations authorized by the license or prohibit a particular operation or condition which creates the immediate danger.
D. 
The order shall be effective for up to 14 days unless sooner rescinded, but may be extended for one additional fourteen-day period if the condition still exists or to complete analysis of samples or specimens.
E. 
No person may operate a tattoo or body piercing establishment or operate as a tattooist or body piercer at an establishment that has been suspended pursuant to this section.
F. 
Any order issued under this section shall be accompanied by a notice of hearing as required by Wis. Stats. §§ 66.0417 and 68.11(1). The hearing must be held within 15 days of the service of the notice unless both parties agree to a later date. A final decision must be issued within 10 days of the hearing. The hearing shall be held before the City of Franklin Municipal Court.
[Amended 3-5-2002 by Ord. No. 2002-1708]
A. 
Any person, partnership, or corporation who is found to have violated any provision of this chapter shall forfeit the sum of not less than $50 nor more than $500, together with the costs of prosecution, and in default of payment of such forfeiture and costs, by imprisonment in the Milwaukee County House of Correction until the forfeiture and costs are paid, but not in excess of the number of days set forth in § 800.095(4) of the Wis. Stats. In addition to the monetary penalty imposed, violation of this chapter may further result in the suspension, revocation or nonrenewal of any license issued under this chapter and legal action for injunction or other relief.
B. 
Each violation of this chapter shall be considered a separate offense, and each and every day an offense continues shall be considered a separate offense.