Chapter 5.64 TATTOO PARLORS

Transcription

1 Chapter 5.64 TATTOO PARLORS Sec Purpose. The purpose of this chapter is to protect the public health, safety, welfare, and morals of the City and its residents and the provisions herein shall be deemed, but not be limited to, the standards of the community. Sec Definitions. Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this chapter shall govern the construction, meaning, and application of words and phrases used in this chapter. Certificate of inspection means the written approval from the Health Officer or his authorized representative that said tattoo parlor has been inspected and meets all of the terms of this chapter relating to physical facilities, equipment, and layout for operation of such business. Employee means any person, including an independent contractor, who works in or at or renders any service directly related to the operation of a tattoo parlor, whether or not such person is paid compensation by the operator of the business or patrons. Health Officer means the City Health Officer or his authorized representatives. Manager means any person who manages, directs, supervises, administers, or is in charge of the affairs and/or the conduct of a tattoo parlor. Operator means any individual, firm, company, corporation, or association that owns or operates an establishment where tattooing is performed and any individual who performs or practices the art of tattooing on the person of another. Owner means the sole proprietor, significant stockholder, general partner, or significant limited partner of any tattoo parlor. Patron means any person who receives a tattoo under such circumstances that it is reasonably expected that he will pay money or give any other consideration therefor. Person means any natural person; firm; joint venture, including all participants; partnership, including all partners; association, social club, or fraternal organization, including all officers and directors; corporation, including all officers, directors, and significant stockholders; estate; trust; business trust; receiver; or any other group or combination acting as a unit. Satisfactory documentation means: A. A motor vehicle operator's license issued by any state bearing the applicant's photograph and date of birth; or B. An identification card bearing the applicant's photograph and date of birth issued by a Federal or State government agency; or C. A valid passport issued by the United States of America or any other country. Sexual area means the genitalia, pubic area, buttocks, or anus of any person and the breasts of any female person. Significant limited partner means any person who owns twenty (20) percent or greater interest in a tattoo parlor. Significant stockholder means any person who owns twenty (20) percent or greater stock interest in a tattoo parlor.

2 Tattoo, tattooed, and tattooing refers to any method of placing designs, letters, scrolls, figures, symbols, with ink or any other substance, by pricking with a needle or otherwise so as to produce an indelible mark or figure visible through the skin of a human being. Tattoo artist means any person, including employees and independent contractors, whether or not they are paid compensation, who gives or offers to give a tattoo. Sec License required. A. Business license required. It shall be unlawful for any person to engage in the business of operating a tattoo establishment without first obtaining a license to engage in such business and obtaining a renewal of said license on an annual basis, in accordance with the provisions hereof. B. Tattoo artist's license required. It shall be unlawful for a person to practice tattooing without first obtaining a tattoo artist's license, and a renewal of said license on an annual basis, for each and every separate tattoo parlor in which they practice, pursuant to the provisions of this chapter. Sec Fees. A. Application fee. An application for a license shall be accompanied by a fee in the amount established in Title 4. Any change of ownership or operator of an establishment shall require a new application and license, with payment of fees therefor. B. License fee. The fee for the issuance of the initial license required for a tattoo parlor or tattoo artist shall be as established in Title 4 and shall be effective for one (1) year. C. Renewal fee. The fee for the renewal of the license for a tattoo parlor or tattoo artist shall be as established in Title 4 and shall be issued for a period of one (1) year. Sec Owner's duties. The owner of any tattoo parlor business is responsible for the following: A. Ensuring that a licensed tattoo artist is on duty during all hours of operation of the tattoo parlor business. B. Verifying that any tattoo artist who provides tattooing services within the tattoo parlor business possesses a current and valid tattoo artist's license. C. Ensuring that all patrons and customers are at least twenty-one (21) years of age. D. Not allowing a violation of this chapter to exist or to continue to exist at the tattoo parlor business. Sec Application for a tattoo parlor business license. Any person desiring a tattoo parlor business license shall file a written application with the Chief of Police on a form to be furnished by the Collinsville Police Department. The application shall be accompanied by a fee as provided for in Title 4 prior to any action being taken on the part of the Chief of Police and shall include the following information: A. The type of ownership of the business (e.g., sole proprietorship, partnership, corporation, etc.). B. The name, style, and designation under which the business or practice is to be conducted.

3 C. The business address and all telephone numbers where the business is to be conducted. D. A complete list of the names and residence addresses of all tattoo artists and employees in the business and the name and residence addresses of the manager or other person principally in charge of the operation of the business. E. The following personal information concerning an individual; each stockholder holding more than ten (10) percent of the stock of the corporation, each officer and each director, if the applicant is a corporation; the partners, including limited partners, if the applicant is a partnership; and the manager or other person principally in charge of the operation of the business for all of the above entities: 1. Name, complete residence address and residence telephone numbers. 2. The two (2) previous addresses immediately prior to the present address of the applicant. 3. Written proof of age. 4. Height, weight, color of hair and eyes, and sex. 5. Two (2) front-face portrait photographs taken within thirty (30) days of the date of the application and at least two inches by two inches (2" x 2") in size. 6. The tattoo or similar business history and experience, including but not limited to whether or not such person is previously operating in this or another city or state under license or permit has had such license or permit denied, revoked, or suspended and the reasons therefor, and the business activities or occupations subsequent to such action of denial, suspension, or revocation. F. If the applicant is a corporation, or if the applicant is a partnership and a partner of the partnership is a corporation, provide the name of the corporation as set forth in its certificate of incorporation and provide copies of the corporation's articles of incorporation, certificate of incorporation, and certificate of authority to do business in the State of Illinois if the corporation is a foreign corporation, and Certificate of Good Standing from the Illinois Secretary of State. G. If the applicant is a sole proprietorship, joint venture, partnership, or any other kind of business than a corporation, provide a copy of its registration with the County Recorder, or other such office receiving the same, for the County in which it is located. H. Such other information, identification, and physical examination of the person as shall be deemed necessary by the Chief of Police to discover the truth of the matters hereinbefore required to be set forth in the application. I. Authorization for the City, its agents and employees to seek information and conduct an investigation into the truth of the statements as set forth in the application and the qualifications of the applicant for the permit. J. The names and addresses of three (3) adults who will serve as character references. These references must be persons other than relatives and business associates. K. The names, addresses, and telephone numbers of all owners of property on which the tattoo parlor business is located. L. The names, addresses, and telephone numbers of all lessors of the property on which the tattoo parlor business is located. Sec Application for a tattoo artist license. Any person desiring a tattoo artist license shall file a written application with the Chief of Police on a form to be furnished by the Collinsville Police Department. The application shall be accompanied by a fee as provided for in Title 4 prior to any action being taken on the part of the Chief of Police and shall include the following information:

4 A. The business name, address, and all telephone numbers where the tattooing service is to be practiced. B. The following personal information concerning the applicant: 1. Name, complete residence address, and residence telephone numbers. 2. The two (2) previous addresses immediately prior to the present address of the applicant. 3. Written proof of age. 4. Height, weight, color of hair and eyes, and sex. 5. Two (2) front-face portrait photographs taken within thirty (30) days of the date of the application and at least two inches by two inches (2" x 2") in size. 6. The tattoo or similar business history and experience, including but not limited to whether or not such person previously operating in this or another city or state under license or permit has had such license or permit denied, revoked, or suspended and the reasons therefor, and the business activities or occupations subsequent to such action of denial, suspension, or revocation. 7. A complete set of fingerprints taken and to be retained on file by the Chief of Police or his authorized representatives. 8. A statement in writing from a physician licensed in this state that he has examined the applicant and believes the applicant to be free of all communicable diseases. C. Such other information, identification, and physical examination of the person deemed necessary by the Chief of Police in order to discover the truth of the matters hereinbefore required to be set forth in the application. D. Authorization for the City, its agents, and employees to obtain verification of the statements set forth in the application and the qualifications of the applicant for the permit. E. Written declaration by the applicant, under penalty of perjury, that the foregoing information contained in the application is true and correct, said declaration being duly dated and signed in the City. Sec Tattoo parlor business license investigation. The Chief of Police shall refer an application for a tattoo parlor business license to the following: A. The Fire Department and the Planning/Building/Public Works Department for reports on compliance with all applicable fire, building, and zoning codes of the City; B. The Madison/St. Clair County Department of Public Health for a report on all applicable health codes of Madison/St. Clair County; and C. The Police Department for investigation and recommendation. Each department shall submit a written response as to its recommendation on the issuance of a license along with specific reasons and applicable laws if the recommendation is disapproval of the license. Such reports shall be submitted to the Chief of Police within thirty (30) days from the date of the application for a tattoo parlor business license. The Chief of Police and the heads of the departments listed in this section shall conduct an on-site inspection of the tattoo parlor business prior to issuing a license to ensure compliance with the requirements of this chapter. Sec Approval by Chief of Police. A. Upon receiving the application for a tattoo parlor and/or tattoo artist's license, the Chief of Police may conduct an investigation into the applicant's moral character and personal and criminal history. The Chief of Police, in his discretion, may require a personal interview of the

5 application, and such further information, identification, and physical examination of the person as shall bear on the investigation. B. In the case of applications for tattoo parlor business licenses, the Chief of Police may cause to be conducted an inspection and investigation of the proposed tattoo parlor business premises, by the City's Building Inspector, Electrical Inspector, Plumbing Inspector, and Health Officer, for the purposes of assuring that such premises comply with all the sanitation requirements as set forth in this chapter and this Code. C. No tattoo parlor business shall be issued a permit, nor be operated, established, or maintained in the City unless an inspection by the City Building Inspector, (and if required by the Chief of Police or Building Inspector, then by the Electrical Inspector, Plumbing Inspector, and Health Officer) reveals that the business complies with each of the following minimum requirements: 1. All tattooing areas and floors with surfaces that may be readily disinfected. 2. Adequate equipment for disinfecting and sterilizing nondisposable instruments and materials used in administering tattoos. 3. Closed cabinets for the storage of clean linens, towels, and other materials used in connection with administering tattoos. Covered containers or cabinets for the keeping of soiled linens, towels, and other materials that is separate from the clean storage areas. 4. Toilet facilities provided in convenient locations for each sex and shall be designated as to the sex accommodated therein. 5. Lavatories or washbasins with filled soap dispensers and clean or disposable towels with both hot and cold running water in either the toilet room or a vestibule. 6. A service tank for custodial services. Sec Revocation or suspension of license. A. Any tattoo parlor business or tattoo artist's license issued under this chapter shall be subject to suspension or revocation by the Chief of Police for violation of any provision of this chapter, or for any grounds that would warrant the denial of issuance of such license in the first place. The Chief, upon such revocation or suspension, shall state his reasons in writing, specifying the particular grounds for such revocation or suspension. B. Any violation of this chapter by any employee of the permittee, including a tattoo artist, shall be cause for suspension of the tattoo parlor business license and/or tattoo artist's license, as the case may be, for not more than thirty (30) days for the first violation. Any subsequent violation of this chapter by any employee of the permittee, including a tattoo artist, shall be cause for longer suspension of the tattoo parlor business license and/or tattoo artist's license, as the Chief of Police shall determine and decide. C. The decision of the Chief of Police with regard to issuance, suspension, or revocation of any license under this chapter shall be reviewable by the Chief Council, upon the written request of the party filed with the City Clerk within ten (10) days of such refusal, revocation, or suspension. The City Council shall review evidence previously submitted to the Chief of Police, and any additional evidence presented with the written request for review. The decision of a majority of the City Council holding office upon such review shall be a final order of the City regarding the issuance, suspension, or revocation of the license.

6 Sec Denial of tattoo parlor business or artist license. The Chief of Police shall deny the tattoo parlor business or artist license application or renewal and shall notify the applicant in writing of such denial for any of the following reasons: A. The applicant is under eighteen (18) years of age. B. The applicant has failed to provide information required by the license application or this chapter. C. The applicant has made a materially false statement in the application for a license which the applicant knows to be false. "Materially false statement" means any false statement, oral or written, regardless of its admissibility under the rules of evidence, which could have affected the course or outcome of the license application. D. The applicant is currently under suspension or revocation of a license related to tattooing issued by this City or any other jurisdiction for a violation which would be a violation under the provisions of this chapter. E. The applicant is overdue on his payment to the City of fees, fines, or penalties assessed against him or imposed upon him in relation to tattooing. F. The applicant has failed to comply with all applicable requirements of fire, building, zoning, and/or health codes or laws of the City, County, and/or State. G. The applicant has failed to comply with any provision or requirement of this chapter. Sec Health and sanitary requirements. Each person who operates a tattoo parlor shall comply with the following requirements: A. The room in which tattooing is done shall have an area of not less than one hundred (100) square feet with the walls, floors, and ceiling having an impervious, smooth, and washable surface. B. A toilet shall be located in the parlor and shall be accessible at all times that the tattoo parlor is open for business. The lavatory shall be supplied with hot and cold running water, soap, and sanitary towels. C. 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 be separated from waiting customers or observers by a panel at least six (6) feet high or by a solid wall and door combination. D. The entire premises and equipment shall be maintained in a sanitary condition and in good repair. E. The operator shall wash his hands thoroughly with soap and water before starting to tattoo and his hands shall be dried with individual, single-use towels. The operator shall wear a clean new pair of latex gloves, designed for use in surgery, for each customer. F. No tattooing shall be penetrated, abraded, or treated with chemicals for the purpose of removing, camouflaging, or altering any blemish, birthmark, scar, or tattoo. G. No tattooing shall be done on any sexual area of any person and all sexual areas shall be completely clothed during the application of a tattoo. H. For shaving, safety razors with a new, single-service blade for each customer or patron or a straight edge razor may be used and shall be thoroughly cleaned and sterilized before use on each customer or patron.

7 I. The area to be tattooed shall be first thoroughly washed for a period of two (2) minutes with warm water to which has been added an antiseptic liquid soap. A sterile single-use sponge shall be used to scrub the area. After shaving and before tattooing is begun, a solution of seventy (70) percent alcohol shall be applied to the area with a single-use sponge used and applied with a sterile instrument. J. Only petroleum jelly in collapsible metal or plastic tubes, or its equivalent as approved by the Health Officer, shall be used on the area to be tattooed and it shall be applied with sterile gauze. K. The use of styptic pencils, alum blocks, or other solid styptics to check the flow of blood is prohibited. L. Inquiry shall be made, and anyone giving a history of recent jaundice or hepatitis shall not be tattooed. M. 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. N. 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. O. After completing work on any person, the tattooed area shall be washed with sterile gauze saturated with an antiseptic soap solution approved by the Health Officer, or a seventy (70) percent alcohol solution. The tattooed area shall be allowed to dry and petroleum jelly from a collapsible or plastic tube shall be applied, using sterile gauze. A sterile gauze dressing shall then be fastened to the tattooed area with adhesive. Sec Care of instruments. 1. Storing of instruments. All clean, sterilized, 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. 2. Sterilizing of instruments. A steam sterilizer (autoclave) shall be provided for sterilizing all needles and similar instruments before use on any customer, person, or patron. Alternate sterilizing procedures may be used only when specifically approved by the Health Officer. Sterilization of equipment will be accomplished by exposure to live steam for at least thirty (30) minutes at a minimum pressure of fifteen (15) pounds per square inch, temperature of two hundred forty (240) degrees Fahrenheit or one hundred sixteen (116) degrees Celsius. 3. Use of instruments. The needles and instruments required to be sterilized shall be so used, handled, and temporarily placed during tattooing so that they will not be contaminated. Sec License renewal. A. An application for renewal of a license issued under this chapter shall: 1. Be made on forms provided by City Hall, signed by the applicant and notarized or certified to be true under penalty of perjury, and submitted to the Chief of Police no later than thirty (30) days prior to the expiration of such license; and 2. Include payment of the license fees as established in this chapter.

8 B. All applicants for a license renewal shall present their current license for verification of identity, and upon issuance of a renewed license, shall surrender the expiring license to the Chief of Police. C. The Chief of Police shall renew a license upon submittal of the renewal application and review of the renewal application and applicant's file, unless the Chief of Police is aware of facts from this review that would disqualify the applicant from being issued the renewal license, and further provided that the application complies with all provisions of this chapter. Sec Display of licenses. The tattoo parlor business owner shall display the license in a frame, as well as those of each and every tattoo artist employed in the business, in an open and conspicuous place on the premises of the tattoo parlor business that is observable by the general public. Sec Identification card. The Chief of Police shall provide each tattoo artist granted a permit with an identification card which shall contain a photograph of the tattoo artist and the full name and permit number assigned to said artist, which must be worn on the front of the outermost garment of the tattoo artist at all times during the hours of operation of any tattoo parlor business granted a permit number under this chapter. Sec Maintaining public nuisance. Any business or building used as a tattoo parlor business in violation of this chapter, together with all fixtures and other property used in violation of this chapter are hereby declared to be a public nuisance which may be abated in the manner prescribed by Chapter 8.12, as revised and amended, and/or by injunctive relief by a court of competent jurisdiction. The owners or lessors and their agents of any building or premises that is a public nuisance may also be subject to the declarations and remedies provided for in this section. Sec Transfers prohibited. No tattoo parlor business permit and/or tattoo artist license shall be transferable, and such authority as a license confers shall be conferred only on the permitted named thereon. However, upon the death or incapacity of the manager or a tattoo parlor business the tattoo parlor business license may continue in effect and the business be allowed to continue to operate for forty-five (45) days after the death or incapacity to allow for the Chief of Police to determine whether the new manager meets the qualifications of this chapter for operation of the tattoo parlor business. Sec Records. Permanent records for each patron or customer shall be maintained by the licensee or operator of the parlor. Before the tattooing operation begins, the patron or customer shall be required personally to enter, on a record form provided for such parlors, the date, his name, address, age, serial number if a member of the armed forces, and his signature. Such records shall be

9 maintained in the tattoo parlor and shall be available for examination by the Health Officer. Records shall be retained by the operator or licensee for a period of not less than three (3) years. In the event of a change of ownership, or operator, or closing of the establishment, all such records shall be delivered to the Health Officer. Sec Infections. No person, customer or patron having any skin infection or other disease of the skin or any communicable disease shall be tattooed. All infections resulting from the practice of tattooing which become known to the operator shall promptly be reported to the Health Officer by the person owning or operating the tattoo parlor, and the infected person shall be referred to a physician. Sec Pigments, dyes. All pigments, dyes, colors, etc., used in tattooing shall be sterile and free from bacteria, virus particles and noxious agents and substances, and the pigments, dyes, and color 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. Sec Bandages and surgical dressings. All bandages and surgical dressings used in connection with the tattooing of a person shall be sterile. Sec Certificate of inspection. An applicant for a license to operate a tattoo parlor shall first obtain a certificate of inspection from the Health Officer, indicating the parlor has been inspected and is in compliance with the provisions of this chapter. Sec Inspections. The Health Officer may conduct periodic inspections of any tattoo patrol for the purpose of determining whether or not said parlor and the persons performing the art of tattooing 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 parlor willfully prevent or restrain the Health Officer from entering any licensed parlor where tattooing is being performed for the purpose of inspecting said premises for compliance with this chapter, after proper identification is presented to the operator. Secs Reserved. Sec Alcoholic beverages prohibited.

10 No person shall sell, give or dispense, provide, possess or keep or cause to be sold, given, dispensed, provided, possessed or kept, any alcoholic beverage on the premises of any tattoo parlor.