§ 23-51. Tattooing and tattoo parlors.
(a)
For the purposes of this section, the following words and phrases shall be construed as follows:
(1)
Tattoo: To place any design, letter, scroll, figure, symbol or any other mark upon or under the skin or any person with ink or any other substance resulting in the permanent coloration of the skin, including permanent make-up or permanent jewelry, by the aid of needles or any other instrument designed to touch or puncture the skin.
(2)
Tattoo artist: Any person who actually performs the work of tattooing.
(3)
Tattoo parlor: Any place in which is offered or practiced the placing of designs, letters, scrolls, figures, symbols or any other marks upon or under the skin of any person with ink or any other substance, resulting in the permanent coloration of the skin, including permanent make-up or permanent jewelry, by the aid of needles or any other instrument designed to touch or puncture the skin.
(4)
Tattoo operator: Any person who controls, operates, conducts or manages any tattoo parlor, whether actually performing the work of tattooing or not.
(b)
No person shall control, operate, conduct or manage any tattoo parlor or shall perform tattooing on any person without complying with the requirements of this section.
(c)
No person shall control, operate, conduct or manage any tattoo parlor, whether actually performing the work of tattooing or not, without first obtaining a permit from the department of public health. such an application shall be made on an application form provided by the city manager or his designee.
(d)
The permit fee shall be one thousand two hundred dollars ($1,200.00) for a one-year licensing period from January 1 to December 31. All permits issued during the course of a calendar year shall expire on December 31 of that year, regardless of the date issued. For any person required to obtain a permit under the provisions of this section after the first day of January, the permit fee shall be prorated as follows: between January 1 and on or before March 31, the full permit fee shall be paid; between April 1 and on or before June 30, three-fourths of the permit fee shall be paid; between July 1 and on or before September 30, one-half of the permit fee shall be paid; and after September 30 of the licensing year, one-fourth of the permit fee shall be paid.
(e)
Every tattoo artist shall provide one of the following to the department of public health:
(1)
Proof of completion of the full Hepatitis B vaccine;
(2)
Proof of Immunity by blood titer; or
(3)
Written declination of refusal of the full Hepatitis vaccine.
(f)
Every tattoo artist and tattoo operator shall at all times comply with the following requirements:
(1)
All tattooing-related procedures shall be carried out in a clean, safe and sanitary manner as approved by the department of public health so as to minimize the potential of disease transmission. All tattoo artists shall complete annual blood borne pathogen training approved by the department of public health.
(2)
All areas of the tattoo parlor shall be constructed and maintained in a clean, safe and sanitary manner in compliance with all applicable statutes, laws, regulations, codes and ordinances of the city and the Commonwealth of Virginia.
(3)
All walls, ceilings and floors shall be smooth and easily cleaned. The floors shall not be carpeted, and neither rugs nor fabrics of any kind shall be placed on the floors. Walls and ceilings shall be painted a light color. Walls, ceilings and floors shall be kept clean and free from dust and debris. The floors shall be swept and mopped daily. The walls, ceilings or floors shall not be swept or cleaned while tattooing is occurring.
(4)
Adequate light and ventilation shall be provided.
(5)
Adequate toilet and hand-washing facilities shall be available in the tattoo parlor separate and isolated from the business area in which tattooing is performed, for the use of customers and personnel of the tattoo parlor. Toilets and washing facilities shall be maintained in a sanitary condition at all times. Smoking, eating, or drinking is prohibited in the area in which tattooing is performed.
(6)
All areas of the tattoo parlor shall be accessible for inspection by the department of public health and its authorized representatives. The department of public health is hereby authorized to conduct unannounced inspections of tattoo parlors.
(7)
All inks, dyes, pigments, needles and equipment shall be specifically manufactured for performing tattooing and shall be used in accordance with the manufacturer's instructions. The mixing of approved tattooing inks, dyes or pigments or their dilutions with potable water shall be permitted. Immediately before a tattoo is applied, the quantity of the dye to be used shall be transferred from the dye bottle and placed into single-use paper or plastic cups. Upon completion of the procedure, such cups and their contents shall be discarded in the manner prescribed in subdivision (8) hereof.
(8)
All cleaned, non-disposable instruments used in connection with the preparation for or process of tattooing shall be sterilized before each use in a steam autoclave or dry-heat sterilizer approved by the department of public health. Such sterilization shall be performed in accordance with the manufacturer's instructions, a copy of which shall be submitted, with contact information, as part of the permit application. The tattoo operator shall be responsible for maintaining a log which indicates that the autoclave or other sterilizer has been checked during each cycle and has been sterilized in accordance with the manufacturer's instructions. All cleaned and ready-to-use needles and instruments shall be stored in a protective manner to prevent subsequent contamination. Sterile equipment shall not be used after the expiration date or if the package has been breached. If disposable instruments are used, those instruments shall be disposed of in accordance with applicable laws. The skin surface to be tattooed and any jewelry to be used shall be cleaned and sanitized using processes and materials approved by the department of public health. All hazardous waste, body fluids, and medical waste of any kind shall be disposed of in accordance with the Virginia Department of Environmental Quality's Regulated Medical Waste Regulations, 9 VAC 20-120-10 et seq., as may be amended from time to time. Single-use items shall not be used on more than one (1) client for any reason. After use, all single-use needles, razors, and other sharps shall be immediately disposed of in accordance with the aforesaid regulations.
(9)
Records for each patron shall be maintained by the tattoo operator. Such records shall be maintained for a minimum period of four (4) [years], except if the patron is under eighteen (18) years of age, in which event these records shall be maintained for a minimum of four (4) years from the eighteenth birthday of said patron and shall include the following information:
(i)
Name, address, sex and age of the person tattooed;
(ii)
Date of tattooing;
(iii)
Physical location and description of tattooing;
(iv)
Name, address and telephone number of the person performing the tattooing;
(v)
Parent or legal guardian written consent form for minors; and
(vi)
Name and address of the manufacturer of the dyes used as well as identifying information about the dye solutions and types of dyes used. If a customer has need for this information, then the tattoo parlor operator shall release it to the customer.
At such time as the tattoo parlor ceases doing business or is removed from the city or changes its name or has a change in management or ownership, copies of all such records shall be provided to the department of public health.
(10)
More than one (1) set of sterilized needles, tubes and tips or alternate approved sterilization method shall be kept on the premises at all times.
(11)
No person, customer or patron having any visible skin infection or other disease of the skin or any communicable disease shall have tattooing performed, and no person having any skin infection or disease of the skin shall perform tattooing. All infections resulting from the practice of tattooing which become known to the tattoo operator shall promptly be reported to the department of public health by the person owning or in charge of the tattoo parlor, and the infected client shall be referred to a physician.
(12)
No tattooing shall be performed on any person under the age of eighteen (18) years without the written consent of his or her parent or guardian, and such written consent shall be kept on file for at least four (4) years at the tattoo parlor from the eighteenth birthday of the minor. Where there is doubt about such an age, written proof of age shall be obtained before the tattooing is done. Written proof of age shall be photocopied and kept by the tattoo operator. All customers under eighteen (18) years of age shall be accompanied by a parent or legal guardian. Both customer and parent or guardian shall sign a consent form and a driver's license or other appropriate form of identification of both the customer and the parent or guardian shall be photocopied and attached to the consent form.
(13)
Tattoo artists and tattoo operators shall refuse service to any person whom the tattoo artist or tattoo operator knows, or has reason to believe, is intoxicated.
(14)
No person shall state or imply in any advertisement or publication, written or oral and prepared or uttered for the purpose of soliciting business, that the tattoo parlor is endorsed, regulated or approved by the city or by any of its departments or is conducted in compliance with the terms of this section.
(15)
Immediately after tattooing a patron the tattoo artist shall advise the patron of the care of the tattooed area and shall instruct the patron to consult a physician at the first sign of infection.
(16)
The tattoo artist shall wash his or her hands between customers and between tattooing different parts of the body on the same person. The tattoo artist shall wear protective, disposable latex or vinyl gloves while tattooing, and shall wear a new pair of gloves for each client and when tattooing different parts of the same client.
(17)
The name, address and telephone number of the tattoo parlor shall be on the heading of all waivers, care sheets, consent and other forms utilized by the tattoo parlor.
(18)
The tattoo operator shall file with the department of public health annually with the license application and any renewal thereof a list of the following information for each employee: Name, permit number, home address, home phone number, and position or job title. With respect to tattoo artists, the tattoo operator shall also submit proof annually of vaccination and testing as required by subsection (e). The tattoo operator shall amend the list accordingly and submit it to the department of public health immediately upon the addition of an employee or termination of an employee.
(19)
No tattoo artist or tattoo operator shall tattoo the genitals, pubic area, or buttocks of any member of the opposite sex, nor shall any male tattoo artist or male tattoo operator tattoo any portion of the breast of any female below the aureole.
(g)
No person shall perform tattooing on any client unless he or she complies with the Centers for Disease Control and Prevention's guidelines for "Universal Blood and Body Fluid Precautions" and provides the client with the following disclosure:
(1)
Tattooing is an invasive procedure in which the skin is penetrated by a foreign object.
(2)
If proper sterilization and antiseptic procedures are not followed by tattoo artists, there is a risk of transmission of bloodborne pathogens and other infections, including, but not limited to, human immunodeficiency viruses and hepatitis B or C viruses.
(3)
Tattooing may cause allergic reactions in persons sensitive to dyes or the metals used in ornamentation.
(4)
Tattooing may involve discomfort or pain for which appropriate anesthesia cannot be legally made available by the tattoo artist unless such person holds the appropriate license from a Virginia health regulatory board.
(h)
Any person who violates any provision of this section shall be guilty of a Class 2 misdemeanor. Any second or subsequent violation of this section shall be punished as a Class 1 misdemeanor.
(i)
This section shall not apply to medical doctors, veterinarians, registered nurses or any other medical services personnel, licensed pursuant to Title 54.1 of the Code of Virginia, in performance of their professional duties.
(Code 1965, § 23-49, 23-50; Ord. No. 2629, 4-24-01; Ord. No. 2643, 6-5-01; Ord. No. 2710, 7-2-02; Ord. No. 3325, 2-11-14)
(Code 1965, § 23-49, 23-50; Ord. No. 2629, 4-24-01; Ord. No. 2643, 6-5-01; Ord. No. 2710, 7-2-02; Ord. No. 3325, 2-11-14)