HomeMy WebLinkAboutOrdinance 608 - Regulation of Tattooing
CHAPTER VI – GENERAL REGULATIONS
ORDINANCE 608 REGULATION OF TATTOOING ..................................................... 608-1
Section 608.01: PURPOSE AND INTENT ................................................................. 608-1
Section 608.02: DEFINITION .................................................................................... 608-1
Section 608.03: LICENSE REQUIRED ..................................................................... 608-1
Section 608.04: LICENSE EXCEPTION.................................................................... 608-1
Section 608.05: APPLICATION FOR LICENSE ....................................................... 608-1
Section 608.06: LOCATION RESTRICTED .............................................................. 608-2
Section 608.07: LICENSE TERM .............................................................................. 608-2
Section 608.08: LICENSING PROCEDURE .............................................................. 608-2
Section 608.09: LIABILITY INSURANCE ................................................................ 608-2
Section 608.10: BRANDING AND SCARIFICATION .............................................. 608-2
Section 608.11: TATTOOING OF MINORS .............................................................. 608-3
Section 608.12: HEALTH AND SANITARY REQUIREMENTS .............................. 608-3
Section 608.13: HOURS OF OPERATION ................................................................ 608-5
Section 608.14: INSPECTIONS ................................................................................. 608-5
Section 608.15: CRIMINAL PENALTIES ................................................................. 608-5
Section 608.16: LICENSE SUSPENSION/REVOCATION........................................ 608-5
Section 608.17: SEVERABILITY .............................................................................. 608-5
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CHAPTER VI – GENERAL REGULATIONS
ORDINANCE 608 REGULATION OF TATTOOING
Section 608.01: PURPOSE AND INTENT. It has been determined by the City Council
that the process of tattooing creates an increased risk of infection and the transmission of
communicable disease if not performed under appropriate sanitary and sterile conditions. It has
also been determined that the operation of a tattoo studio is incompatible with residential land
use or activities occurring in areas primarily used by children so as to require a reasonable
separation of activities. This ordinance has been adopted for the purpose of protecting public
health, safety and welfare.
Section 608.02: DEFINITION.
Subd. 1: Tattoo. An indelible mark or figure fixed on the body by insertion of pigment
under the skin or by production of scars. "Tattooing" means the process of creating a tattoo.
Subd. 2: Tattooist. A person who performs tattooing.
Subd. 3: Tattoo Studio. An establishment or facility in which tattooing is performed.
Subd. 4: Branding. The use of heat, cold or chemical compound to imprint permanent
markings on human skin by any means other than tattooing.
Subd. 5: Scarification. The cutting or tearing of human skin for the purpose of creating a
permanent mark or design on the skin.
Section 608.03: LICENSE REQUIRED. No person shall engage in tattooing, or operate
a tattoo studio without being licensed under this section. The license granted pursuant to this
Ordinance is non-transferrable. No person shall receive a tattoo license who has not met the
general requirements for City approvals under Section 104.06 of the St. Joseph Code of
Ordinances.
Section 608.04: LICENSE EXCEPTION. A medical doctor, licensed to practice
medicine by the State of Minnesota is exempt from the licensing provisions of this ordinance.
Section 608.05: APPLICATION FOR LICENSE.
Subd. 1: Any person desiring a license under this ordinance shall file with the City
Administrator a written application, on a form provided by the City, signed by said applicant,
and containing the name of the applicant, if an individual, the names of co-partners, if a
partnership, and if a corporation, the names of the principal officers of such corporation, a brief
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description of the place or location at which such business is to be conducted, and such other
relevant information requested by the St. Joseph Health Officer.
Subd. 2: At the time of submitting an application for issuance or renewal of a license, the
applicant shall pay a license fee in an amount established by resolution of the City Council. The
license fee shall reflect the City's costs and expenses incurred in administering this Ordinance,
including the inspection cost of the designated City health officer.
Subd. 3: Upon receipt, the application shall be forwarded to the Health Officer for
processing.
Section 608.06: LOCATION RESTRICTED.
Subd. 1: No person shall engage in the practice of tattooing at any place other than the
place or location named or described in the application and license. A license may not be
transferred to a place or location other than described in the application and license.
Subd.2: The location shall be restricted to areas within the City zoned for business or
industrial use pursuant to special use permit granted in accordance with Section 502.07 Subd 3.
Subd.3: The location shall be at least 500 feet from property zoned for residential use,
property used for school purposes, a public park, or a publicly owned facility.
Subd.4: No license shall be granted or renewed if the location is licensed for the
furnishing of alcoholic beverages pursuant to Chapter VII of this Code or operating as an Adult
Entertainment Establishment as that term is defined in Section 502.04 Subd 3 of this Code.
Section 608.07: LICENSE TERM. All licenses issued under this section shall expire on
December 31 of the license year. The fee for a license issued in mid-year shall be prorated.
Section 608.08: LICENSING PROCEDURE. The St. Joseph Health Officer shall, upon
receipt of an application and prescribed license fee, cause an inspection of the premises named in
the application as the place or location at which the business is to be conducted. If the facility is
not found to be in clean and sanitary condition, the license will be denied.
Section 608.09: LIABILITY INSURANCE. Each applicant for a license, or the renewal
of an existing license, shall submit proof of a public liability insurance policy or certificate of
insurance from a company authorized to do business in the State of Minnesota insuring the
applicant against loss or injury arising out of the operation of a tattooing studio or due to
engaging in the practice of tattooing. The policy of insurance shall be in limits of not less than
the statutory limits of liability for a municipality. Failure to maintain the insurance in full force
and effect is grounds for revocation of the license.
Section 608.10: BRANDING AND SCARIFICATION. Branding and scarification are
prohibited in the City of St. Joseph.
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Section 608.11: TATTOOING OF MINORS. No person shall tattoo any person under
the age of eighteen (18) except in the presence of, and with the written permission of the person's
parents. The consent must include both the custodial and non-custodial parents where
applicable.
Section 608.12: HEALTH AND SANITARY REQUIREMENTS. No person shall
engage in the practice of tattooing at any place within the City of St. Joseph without complying
with the following regulations:
Subd.1: Every place where tattooing is done shall be equipped with a City sewer and
water connected toilet and hand basin or sink. The hand basin or sink shall be supplied with hot
and cold running water under pressure, and shall be maintained in good working order at all
times, and shall be kept in a clean and sanitary condition.
Subd.2: No person having any skin infection or other disease of the skin or any
communicable disease shall be tattooed.
Subd.3: All equipment, including needles, needle bars, tubes, pigment receptacles,
stencils, razors and razor blades shall be kept in a dust-proof glass case when not in use.
Subd.4: All needles and all tubes shall be sterilized in a steam pressure autoclave for at
least fifteen (15) minutes at a minimum of two hundred fifty (250) degrees Fahrenheit (one
hundred twenty-one (121) degrees centigrade) and at a minimum of fifteen (15) pounds of
chamber pressure, or at least thirty (30) minutes at a minimum of two hundred forty (240)
degrees Fahrenheit (one hundred fifteen (115) degrees centigrade) and at a minimum of ten (10)
pounds of chamber pressure before use on any customer, and after their use shall be again so
sterilized.
Subd.5: Sterilizing solutions may be used for the purpose of sterilizing instruments other
than needles when such sterilizing solutions are approved prior to use by the St. Joseph Board of
Health.
Subd.6: Skin preparation and aseptic technique shall be as follows:
a) Each tattooist shall scrub his hands thoroughly before beginning to tattoo.
Tattooists with skin infections of the hand shall not tattoo.
b) Whenever it is necessary to shave the skin, a safety razor must be used. A new
blade must be used for each customer. The razor shall be cleaned with soap and
hot water after each use and kept in a closed case when not in use. All electric
hair clippers shall be sanitized by a method approved by the Board of Health.
c) The skin area to be tattooed must be thoroughly cleaned with germicidal soap and
water, rinsed thoroughly, and sterilized with an antiseptic solution approved prior
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to use by the Board of Health. Only single-service towels and washcloths shall be
used in the skin cleaning process.
d) Tattooing shall not be performed on any area of the skin where there is an evident
skin infection.
e) After tattooing, a sterile dressing shall be applied to the tattooed area.
f) Every person to be tattooed shall be asked whether he or she has treated positive
for HIV, had viral hepatitis, or other communicable disease within the preceding
six (6) months. No person suspected of having HIV, viral hepatitis, or other
communicable disease shall be tattooed.
Subd.7: All tables, chairs and operating furniture shall be constructed of metal with
white enamel or porcelain finish or stainless steel, and shall be kept in a clean and sanitary
condition.
Subd.8: Every tattoo studio shall provide single-service towels or wipes for each
customer and such towels or wipes shall be stored and disposed of in a manner acceptable to the
Board of Health.
Subd.9: Every tattooist shall wear clean white washable garments when engaged in the
practice of tattooing.
Subd.10: Pigments used in tattooing shall be sterile and free from bacteria and noxious
agents and substances, and the pigments used from stock solutions for each customer shall be
placed in a single-service receptacle and such receptacle and remaining solution shall be
discarded after use on each customer.
Subd.11: All bandages and surgical dressings used in connection with the tattooing of
any person shall be sterile.
Subd.12: There shall be not less than one hundred fifty (150) square feet of floor space at
the place where the practice of tattooing is conducted, and said place shall be so lighted and
ventilated as to comply with the standards approved by the Board of Health.
Subd.13: No place used for the practice of tattooing shall be used or occupied for living
or sleeping quarters, or for any purpose other than tattooing.
Subd.14: No person shall be granted a license under this chapter who is not of good
moral character and free from communicable disease. Tattooists shall submit to a blood test to
screen for communicable disease prior to engaging in tattooing, and shall submit to subsequent
blood testing at least every twelve (12) months thereafter. Results of the blood screening shall
be delivered to the Health Officer.
Subd.15: No person shall engage in tattooing while under the influence of alcohol or
drugs.
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Subd.16: The tattooist shall provide the person tattooed with printed instructions on the
approved care of the tattoo during the healing process.
Subd.17: No customer shall be tattooed while under the influence of alcohol or drugs.
Subd.18: The practice of tattooing shall be conducted in compliance with any other rules
or regulations adopted by the St. Joseph Board of Health for the purpose of protecting the health
and safety of customers and/or the general public.
Section 608.13: HOURS OF OPERATION. The operation of a commercial tattooing
business is limited to the hours of 8:00 a.m. to 8:00 p.m.
Section 608.14: INSPECTIONS. A person who owns, operators, or maintains a tattoo
studio shall allow inspection of the studio by the Health Officer at any time the studio is in
operation. Failure to allow inspection is grounds for license revocation.
Section 608.15: CRIMINAL PENALTIES. Any person, corporation or other legal entity
violating any provision of this ordinance shall be guilty of a misdemeanor. In the event of a
violation by a corporation or limited liability company, the officers or managers of the entity
may be held criminally responsible for the acts of the entity.
Section 608.16: LICENSE SUSPENSION/REVOCATION. The license granted under
this ordinance shall be subject to revocation if the business is conducted in violation of this
ordinance. If the Health Officer determines that a violation has occurred, the license may be
immediately suspended by the Health Officer and all tattooing shall cease. Within seven (7)
days of receipt of notice of suspension, the licensee may request a hearing before the City
Council to be conducted in accordance with Minn. Stat. §15.0418 to 16.0426. The request for a
hearing shall be in writing and delivered to the City Clerk/Administrator. The hearing shall be
conducted before the City Council within twenty-one (21) days of receipt of the request. If the
licensee fails to request a hearing within seven (7) days of notice of suspension, or if the City
Council affirms the findings of the Health Officer, the license shall be subject to revocation,
continued suspension not in excess of sixty (60) cumulative days, or a civil fine not to exceed
$1,000.00. If the City Council fails to find a violation of the Ordinance, the license shall be
immediately reinstated.
Section 608.17: SEVERABILITY. If any section, subsection or clause of this Ordinance
is for any reason held to be invalid, such decision shall not affect the validity and enforceability
of the remaining portions of this Ordinance.
Updated 2/24/98
Updated 11/2013
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