Chapter 113: tattoo and body piercing services



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CHAPTER 113: TATTOO AND BODY PIERCING SERVICES

Section
113.01 Definitions

113.02 Prohibitions

113.03 Application for license; fees; issuance

113.04 Inspection of facilities

113.05 Suspension or revocation of license

113.06 Consent for performing procedures on persons under 18

113.07 Prohibitions relating to persons under 18

113.08 Defenses to violations

113.09 Training standards; records; safety and sanitation; equipment



' 113.01 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BOARD OF HEALTH. A Board of Health established under the provisions of M.S. ' 145A.03, as it may be amended from time to time. If the city does not have a Board of Health, then this term means the authority having the duties of a Board of Health in the city, including but not limited to the County Board of Health.
BODY PIERCING. Includes ear piercing except when the ear piercing procedure is performed with an ear piercing gun.
BUSINESS. Any entity that provides services for compensation.
EAR PIERCING GUN. A mechanical device that pierces the ear by forcing a disposable single-use stud or solid needle through the ear.
PARENT or GUARDIAN. Parent, guardian or other adult person having the primary care or custody of the minor.
TATTOO. Has the same meaning given in M.S. ' 609.2246, Subd. 2, as it may be amended from time to time.



' 113.02 PROHIBITIONS.
No person shall do any of the following:
(A) Operate a business that offers tattooing or body piercing services unless the City Council issues it a license to do so;
(B) Perform a tattooing or body piercing procedure in a manner that does not meet the safety and sanitation standards established by this chapter and any federal, state or local laws, rules or regulations; and
(C) Perform a tattooing procedure, body piercing procedure, or ear piercing procedure with an ear piercing gun in a manner that does not meet the standards for appropriate disinfection and sterilization of invasive equipment or parts of equipment used in performing the procedures established by this chapter and any federal, state or local laws, rules or regulations.

Penalty, see ' 10.99



' 113.03 APPLICATION FOR LICENSE; FEES; ISSUANCE.
(A) A person seeking approval to operate a business that offers tattooing or body piercing services shall apply to the city on forms the city or the Board of Health shall prescribe and provide. The applicant shall submit all information the city and the Board of Health determines is necessary to process the application. The applicant shall include the fee established under the Council=s ordinance or resolution, as it may be amended from time to time, or as established by the Board of Health.
(B) To receive approval to offer tattooing or body piercing services, a business must demonstrate to the Board of Health the ability to meet the requirements established by this chapter and any federal, state or local laws, rules or regulations for safe performance of the tattooing or body piercing procedures, training of the individuals who perform the procedures, and maintenance of records.
(C) If the Board of Health determines, following an inspection conducted under ' 113.04, that a business meets the requirements for approval, it shall so advise the city. The City Council may either approve or deny the license, or it may delay action for a reasonable period of time as necessary to complete any investigation of the application or the applicant it deems necessary. If the City Council shall approve the license, the City Clerk shall issue the license to the applicant. If the City Council denies the license, notice of the denial shall be given to the applicant along with notice of the applicant's right to appeal the City Council's decision. Approval remains valid for one year unless earlier suspended or revoked under ' 113.05. A business's approval may be renewed. Approval is not transferable.

Penalty, see ' 10.99





' 113.04 INSPECTION OF FACILITIES.
The Board of Health, or a person or another body designed by the city, shall conduct at least one inspection of a business prior to approving the business under ' 113.03 to offer tattooing or body piercing services. The Board may conduct additional inspections as necessary for the approval process. The Board of Health may inspect an approved business at any time the Board considers necessary. In an inspection, the Board of Health shall be given access to the business's premises and to all records relevant to the inspection.

Penalty, see ' 10.99



' 113.05 SUSPENSION OR REVOCATION OF LICENSE.
The City Council may suspend or revoke the approval of a business to offer tattooing or body piercing services at any time it determines that the business is being operated in violation of this chapter or any federal, state or local laws, rules or regulations. Proceedings for suspensions and revocations shall be conducted in accordance with rules adopted in Chapter 110 for the suspension or revocation of business licenses.

' 113.06 CONSENT FOR PERFORMING PROCEDURES ON PERSONS UNDER 18.
(A) No person shall perform a tattooing procedure, body piercing procedure, or ear piercing procedure with an ear piercing gun on an individual who is under 18 years of age unless consent has been given by the individual's parent, guardian, or custodian in accordance with division (B) of this section. The consent must include both the custodial and non-custodial parents, where applicable.
(B) A parent, guardian or custodian of an individual under age 18 who desires to give consent to a business to perform on the individual under age 18 a tattooing procedure, body piercing procedure, or ear piercing procedure performed with an ear piercing gun shall do both of the following:
(1) Appear in person at the business at the time the procedure is performed;
(2) Sign a document provided by the business that explains the manner in which the procedure will be performed and methods for proper care of the affected body area following performance of the procedure.

Penalty, see ' 10.99



' 113.07 PROHIBITIONS RELATING TO PERSONS UNDER 18.
(A) (1) Unless consent has been given in accordance with ' 113.06, no individual who is under age 18 shall obtain or attempt to obtain a tattooing service, body piercing service, or ear piercing service performed with an ear piercing gun.


(2) No individual who is under age 18 shall knowingly show or give false information concerning the individual's name, age, or other identification for the purpose of obtaining a tattooing service, body piercing service, or ear piercing service performed with an ear piercing gun.
(B) (1) No individual shall knowingly show or give any false information as to the name, age, or other identification of an individual who is under age 18 for the purpose of obtaining for the individual under age 18 a tattooing service, body piercing service, or ear piercing service performed with an ear piercing gun.
(2) No individual shall impersonate the parent, guardian or custodian of an individual who is under age 18 for the purpose of obtaining for the individual under age 18 a tattooing service, body piercing service, or ear piercing service performed with an ear piercing gun.

Penalty, see ' 10.99



' 113.08 DEFENSES TO VIOLATIONS.
(A) An operator or employee of a business that performs tattooing services, body piercing services, or ear piercing services performed with an ear piercing gun may not be found guilty of a violation of ' 113.06(A) or any federal, state or local laws, rules or regulations in which age is an element of the provisions if:
(1) The individual obtaining a tattooing service, body piercing service, or ear piercing service performed with an ear piercing gun, at the time of so doing, exhibited to the operator or employee of the tattooing, body piercing, or ear piercing business a driver=s or commercial driver=s license or an identification card issued under state law showing that the individual was then at least age 18;
(2) The operator or employee made a bona fide effort to ascertain the true age of the individual obtaining a tattooing, body piercing, or ear piercing service by checking the identification presented, at the time of the service, to ascertain that the description on the identification compared with the appearance of the individual and that the identification had not been altered in any way; and
(3) The operator or employee had reason to believe that the individual obtaining a tattooing, body piercing, or ear piercing service was at least age 18.
(B) In any action or proceeding before a court of record in which a defense is raised under this section, the Registrar of Motor Vehicles or the Registrar=s Deputy who issued a driver=s or commercial driver=s license or an identification card shall be permitted to submit certified copies of the records, in the Registrar=s or Deputy=s possession, of the issuance in lieu of the testimony of the personnel of the Bureau of Motor Vehicles at the hearing, action or proceeding.



' 113.09 TRAINING STANDARDS; RECORDS; SAFETY AND SANITATION; EQUIPMENT.
(A) Each operator of a business that offers tattooing or body piercing services shall do all of the following:
(1) Maintain procedures for ensuring that the individuals who perform tattooing or body piercing procedures are adequately trained to perform the procedures properly;
(2) With respect to tattooing services, maintain written records that include the color, manufacturer and lot number of each pigment used for each tattoo performed;
(3) Comply with the safety and sanitation requirements for preventing transmission of infectious diseases, as established in any federal, state or local laws, rules or regulations;
(4) Require the individuals who perform tattooing and body piercing procedures to disinfect and sterilize all invasive equipment or parts of equipment used in performing the procedures by using methods that meet the disinfection and sterilization requirements established in any federal, state or local laws, rules or regulations; and
(5) Ensure that weekly tests of the business's heat sterilization devices are performed to determine whether the devices are functioning properly. In having the devices tested, the operator of the business shall use a biological monitoring system that indicates whether the devices are killing microorganisms. If a test indicates that a device is not functioning properly, the operator shall take immediate remedial action to ensure that heat sterilization is being accomplished. The operator shall maintain documentation that the weekly tests are being performed. To comply with the documentation requirement, the documents must consist of a log that indicates the date on which each test is performed and the name of the person who performed the test or, if a test was conducted by an independent testing entity, a copy of the entity's testing report. The operator shall maintain records of each test performed for at least 2 years.
(B) Each operator of a business that offers ear piercing services performed with an ear piercing gun shall require the individuals who perform the ear piercing services to disinfect and sterilize the ear piercing gun by using chemical solutions that meet the disinfection and sterilization requirements established in any federal, state or local laws, rules or regulations.

Penalty, see ' 10.99











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