HomeMy WebLinkAboutOrdinance - 2013-O0015 - Tattoo And Body Piercing Establishments - 02/14/2013First Reading
January 31, 2013
Item No. 6.6
ORDINANCE NO. 2013-00015
Second Reading
February 14, 2013
Item No. 5.21
AN ORDINANCE AMENDING CHAPTER 8, "BUSINESSES AND
AMUSEMENTS", ARTICLE 8.10, "TATTOO AND BODY PIERCING
ESTABLISHMENTS", OF THE CODE OF ORDINANCES OF THE CITY OF
LUBBOCK, TEXAS, WITH REGARD TO TATTOO STUDIOS AND BODY
PIERCING STUDIOS BY PERMITTING TATTOOING AND/OR BODY PIERCING
AT TEMPORARY LOCATIONS UNDER CERTAIN CONDITIONS AND
PROVIDING FOR IMMEDIATE CLOSURE OF STUDIOS OR TEMPORARY
LOCATIONS IN CASES OF CERTAIN DISEASES; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
WHEREAS, the City Council of the City of Lubbock, Texas deems it in the best
interest of the health, safety, and welfare of the citizens of Lubbock to amend the Code
of Ordinances with regard to tattoo studios and body piercing studios by permitting
tattooing and/or body piercing at temporary locations under certain conditions and
providing for immediate closure of studios or temporary locations in cases of certain
diseases as set forth herein;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Chapter 8, Article 8.10 of the Code of Ordinances, City of
Lubbock, Texas, is hereby amended to read as follows:
ARTICLE 8.10 TATTOO AND BODY PIERCING ESTABLISHMENTS
Division 1. Generally
See.8.10.001 Scope
This article provides for the rules for the licensing and regulation of tattoo and
certain body piercing studios and temporary locations.
Sec. 8.10.002 Compliance required
(a) All tattoo and certain body piercing studios and temporary locations shall
comply with the minimum standards specified in this article in addition to the
existing standards contained in the Tattoo and Certain Body Piercing Studio Act,
Texas Health and Safety Code, chapter 146, and the Health and Safety Code,
chapter 431, the Texas Food, Drug, and Cosmetic Act. relating to drugs, devices,
and cosmetics, including adulteration and misbranding, including all regulations
adopted pursuant thereto
(b) All tattoo and certain body piercing studios and temporary locations
should comply with applicable provisions of the Americans with Disabilities Act.
Sec.8.10.003 Definitions
The following words and terms, when used in this article, shall have the
following meanings, unless the context clearly indicates otherwise:
Act. The Tattoo and Certain Body Piercing Studio Act, Texas Health and Safety
Code, chapter 146.
Antiseptic. An agent that kills disease -causing microorganisms on human skin or
mucosa.
Artist. A person who performs tattooing, permanent cosmetics, and/or body
piercing, and who is responsible for complying with the provisions of these
sections.
Aseptic technique. A hygienic practice which prevents and hinders the direct
transfer of microorganisms, regardless of pathogen site, from one person or place
to another person or place.
Authorized agent. An employee of the department designated by the health
administrator to enforce this article.
Body piercer. A person who performs body piercing and who is responsible for
adherence to the provisions of these sections; hereinafter referred to as "artist."
Body piercing. The creation of an opening in an individual's body, other than in
an individual's earlobe, to insert jewelry or another decoration.
BodX piercingsdio. A permanent, nondwelling building or portion of a
building, designated by a permit holder and located in accordance with applicable
local zoning codes where body piercing is performed, completely separated from
living quarters; hereinafter referred to as "studio."
Client. A person requesting the application of a tattoo or certain body piercing.
Contaminated waste. Any liquid or semiliquid blood or other potentially
infectious materials; contaminated items that would release blood or other
potentially infectious materials in a liquid or semiliquid state if compressed;
items that are caked with dried blood or other potentially infectious materials and
are capable of releasing these materials during handling; contaminated sharps and
pathological and microbiological wastes containing blood and other potentially
infectious material, as defined in 29 Code of Federal Regulations, part
1910.1030, known as Occupational Exposure to Bloodborne Pathogens. Copies
of this provision are indexed and filed in the office of the Drugs and Medical
Devices Division, Texas Department of State Health Services, 1100 West 49th
Street. Austin, Texas 78756, and are available for inspection during normal
working hours.
Cosmetic. An article or substance intended to be rubbed, poured, sprinkled, or
sprayed on or introduced into or otherwise applied to the human body for
cleansing, beautifying, promoting attractiveness or altering appearances; or an
article or substance for use as a component of such an article, except that the term
does not include soap.
Department. The City of Lubbock Environmental Health Department.
Disinfectant. An agent that kills disease -causing microorganisms on inanimate
objects or surfaces.
Ear piercing. The creation of an opening in an individual's earlobe with an ear
piercing gun to insert jewelry or other decoration.
Ear piercing gun. A device that pierces an individual's ear using a single -use stud
and clasp ear piercing system. An ear piercing gun shall not be used to pierce any
other part of the body besides the ear.
Germicidal soap. An agent designed for use on the skin that kills disease -causing
microorganisms, including but not limited to, products containing povidone-
iodine, chloroxylenol, triclosan, and chlorhexidine gluconate.
Germicidal solution. An agent that kills disease -causing microorganisms on hard
surfaces; a disinfectant or sanitizer registered with the Environmental Protection
Agency and or a 1:100 dilution of 5.25 percent sodium hypochlorite (household
chlorine bleach) and water, made fresh daily, dispensed from a spray bottle, and
used to decontaminate inanimate objects and surfaces.
Gloves. Means those which are disposable and single use, and are labeled for
surgical or examination purposes.
Hand -washing. aciliby. Sink equipped with hot and cold or tempered running
water under pressure, used for washing hands, arms, or other portions of the
body.
Health administrator. Health director for the City of Lubbock Health Department
or his or her designee.
Health care practitioner. A person licensed by the state to practice medicine.
Instruments. Hand pieces, needles, needle bars, hemostats, forceps, pliers, and
other items that may come in contact with a client's body or possible exposure to
bodily fluids during the tattoo and body piercing procedures.
Jewelry. Any personal ornament inserted into a pierced area, which must be made
of surgical implant grade stainless steel (minimum of 316L or 316LVM), solid
14k or 18k gold (minimum of 6A14V), platinum, titanium, niobium, or a dense,
low porosity plastic approved by the manufacturer for use in new piercings,
which is free of nicks, scratches, or irregular surfaces and has been properly
sterilized prior to use.
Managing conservator. A person, licensed child -placing agency. or authorized
agency designated by a court as having the right to possession of the child, and
the right to consent to medical, surgical, dental, and psychological treatment of
the child.
Permanent cosmetics or makeup. Tattooing colored pigment along the upper or
lower margin of the eyelids, or into the skin of the eyelids, eyebrows, lips, cheeks
or other parts of the face for cosmetic purposes,
Permit holder. A person who owns, operates, or maintains a tattoo studio, tattoo
and body piercing studio, body piercing studio, or temporary location in
compliance with these sections.
Sanitize. To treat a clean surface and kill pathogenic microorganisms.
Sharps. Any object (sterile or contaminated) that may purposefully or
accidentally cut or penetrate the skin or mucosa including, but not limited to,
needles, scalpel blades, and razor blades.
Sharps container. A puncture -resistant, leakproof container that can be closed for
handling, storage, transportation, and disposal and that is labeled with the
international biohazard symbol.
Single use. Articles intended for one-time, one -person use and which are to be
discarded after such use.
Sterilization area. A separate room or area separate from workstations with
restricted client access in which tattoo and body piercing instruments are cleaned,
disinfected, and sterilized.
Surgical body modification. Extreme modification of any part of the body in
which muscle and/or cartilage are cut for the purpose of reshaping the body part.
The term includes, but is not limited to, tongue splitting. genital bifurcation, or
ear reshaping. The term does not include piercing.
Tattoo, tattooing. The practice of producing an indelible mark or figure on the
human body by scarring or inserting a pigment under the skin using needles,
scalpels, or other related devices including permanent cosmetics. The term
includes the application of permanent cosmetics.
Tattoo and body piercing area. The portion of the tattoo or body piercing studio
or temporary location used for applying tattoos or performing body piercing,
including all surrounding areas which are likely to come into contact with
contaminated waste.
Tattooist. A person who performs tattooing or applies permanent cosmetics and
who is responsible for adherence to the provisions of these sections; hereinafter
referred to as "artist."
Tattoo studio. A permanent, nondwelling building or portion of a building,
designated by a permit holder and located in accordance with applicable local
zoning codes where tattooing or permanent cosmetic application is performed,
completely separated from living quarters; hereinafter referred to as "studio."
Temporary location. A location at which tattooing or body piercing is performed
for a specified length of time of not more than seven days in conjunction with a
single event. The location must consist of a completely enclosed, permanent
building. Locations in tents, under canopies, or in open-air environments are not
allowed. For events that feature more than one temporary location, each
temporary location must be permitted separately.
Tongue splitting. Cutting of a human tongue into two (2) or more parts.
Universal precautions. A method of infection control in which employees treat
all blood and body fluids as to contain all bloodborne pathogens and taking
proper precautions to prevent the spread of any bloodborne pathogens.
Precautions include hand washing, gloving, personal protective equipment, injury
prevention, and proper handling and disposal of needles, other sharp instruments,
and blood and body fluid contaminated products.
Sec. 8.10.004 Enforcement and penalties
(a) Injunction. If it appears that a person has violated or is violating the City
of Lubbock Code of Ordinances or state law with regard to this article, the city
council may direct the city attorney to institute a civil suit for injunctive relief.
(b) Criminal penalty. Any person, firm, or corporation violating any provision
of this article shall be fined in accordance with the City of Lubbock Code of
Ordinances for each offense, and a separate offense shall be deemed committed
on each day during or on which a violation occurs or continues.
Sec. 8.10.005 Physical facilities
(a) A studio or temporary location must be in a permanent, nondwelling
building or portion of a building which must be in a location which is permissible
under local zoning codes, if any. The studio or temporary location shall be
separated from living quarters by complete floor -to -ceiling partitioning and shall
contain no access to living quarters.
(b) The studio or temporary location shall be maintained in a sanitary
condition.
(1) Work surfaces shall be cleaned and sanitized with a germicidal
solution.
(2) Other environmental surfaces shall be cleaned with an all-purpose
detergent disinfectant.
(c) The walls, ceilings, and floors shall be kept in good repair. The tattoo and
body piercing area shall be constructed of smooth, hard surfaces that are
nonporous, free of open holes or cracks, and easily cleaned.
(d) Studios or temporary locations shall have adequate lighting of at least
fifty (50) footcandles of illumination in the tattooing, body piercing, and
sterilization area.
(e) Adequate mechanical ventilation shall be provided in the studio or
temporary location.
(f) Each studio or temporary location shall be equipped with hand -washing
facilities for its personnel with unobstructed access to the tattoo and body
piercing area such that artists can return to the area without having to touch
anything with their hands. New studios shall be equipped with hand -washing
facilities within ten (10) feet of the site where the tattooing or body piercing is
performed; for example the chair, table or stool where a person receives the tattoo
or body piercing. Hand -washing facilities shall be equipped with hot and cold or
tempered running water under pressure; liquid germicidal soap; single -use towels
or other approved hand -drying devices; and a covered refuse container. Such
facilities shall be kept clean and in good repair. Temporary locations may use
portable, commercially manufactured hand -washing stations so long as
provisions are made to ensure the availability of clean, potable water for hand -
washing, and for the disposal of waste water in accordance with local and state
laws.
(g) Animals are not permitted in the studios or temporary locations except for
guide or service animals accompanying persons with disabilities, or non -
mammalian animals in enclosed glass containers such as fish aquariums, which
shall be outside the tattooing, body piercing, and sterilization area.
(h) Use of tobacco products shall be prohibited in the tattoo, body piercing,
and sterilization area. Consumption of alcoholic beverages shall be prohibited in
the studio or temporary location.
(i) The studio or temporary location shall be kept free of rodents and vermin
and protected from infestation by insects.
0) If tattooing or body piercing is performed where other non -tattooing or
non -body piercing services are provided, it shall be provided in an area that is
physically separate, and with protection from other activities to avoid the transfer
of disease -causing microorganisms or other irritant particles into the artist's
workstation or sterilization area.
Sec. 8.10.006 Personnel responsibilities
(a) All artists while tattooing or body piercing shall wear clean outer
garments, maintain a high degree of personal cleanliness, and conform to
hygienic practices while on duty.
(b) All artists shall wash their hands thoroughly using hot or tempered water
(capable of reaching a temperature of 100°F) with a liquid germicidal soap before
and after tattooing or body piercing and as often as necessary to remove
contaminants.
(c) All artists must wear single -use examination gloves while assembling
tattooing and body piercing instruments and while tattooing and body piercing.
(d) When a session is interrupted or immediately after gloves are torn or
perforated:
(1) Gloves shall be removed and discarded; and
(2) Hands shall be washed and a fresh pair of gloves used.
(e) Artists shall use universal precautions while tattooing or body piercing.
An artist diagnosed with a communicable disease shall provide to the department
a written statement from a health care practitioner that the artist's condition no
longer poses a threat to public health.
(f) The area of the client's skin to be tattooed shall be cleaned with an
approved germicidal soap according to label directions.
(g) The external skin of the client to be pierced shall be cleaned with an
approved germicidal soap according to label directions. In the case of oral
piercings, the operator shall provide the individual with antiseptic mouthwash in
a single -use cup and shall ensure that the individual utilizes the mouthwash
provided. In the case of a lip, labret, or cheek piercing, procedures described in
this subsection for both skin and oral piercings shall be followed.
(h) If shaving is required, razors shall be single use. The razor or razor's head
must be placed in a biohazard container after use.
(i) Each artist performing any tattoo or body piercing procedure in the studio
or temporary location shall have the education, training and experience, or any
combination thereof, to practice aseptic technique and prevent the transmission of
bloodborne pathogens. All procedures shall be performed using aseptic
technique. Training records should be documented and available for inspection at
the studio or temporary location.
Sec. 8.10.007 Client qualifications, disclosure, and records
(a) Except as permitted in subsections (d) and (e) of this section, a client must
be a minimum of eighteen (18) years of age and shall present at the time of
tattooing or body piercing a valid, government -issued, positive identification card
including, but not limited to, a driver's license, passport, or military
identification, The identification must contain a photograph of the individual and
a printed date of birth.
(b) The artist shall verify and document in the permanent client record the
client's age, date of birth, and the type of identification provided.
(c) An artist may not tattoo a person younger than eighteen (18) years of age
except as permitted in subsection (d) of this section.
(d) With the consent of a minor's parent, managing conservator, or guardian,
who determines it to be in the best interest of the minor child to cover an existing
tattoo, a person under the age of eighteen (18) may be tattooed under the
following conditions:
(1) The existing tattoo must contain:
(A) Obscene or offensive language or symbols;
(B) Gang -related names, symbols, or markings; or
(C) Drug -related names, symbols, or pictures.
(2) The consent required by this subsection (d) can be satisfied by the
minor's parent, managing conservator, or guardian:
(A) Being physically present at the time the tattooing is being
performed;
(B) Executing an affidavit stating that the person is the parent
or guardian of the individual on whom the tattooing is being
performed;
(C) Presenting evidence of the minor's identity to the artist:
and
(D) Presenting evidence of the status as parent or guardian of
the individual who will receive the tattoo to the artist.
(e) An artist may not perform body piercing on a person younger than
eighteen (18) years of age without the consent of a parent, managing conservator,
or guardian of the individual. The consent can be satisfied by:
(1) Completion of client and parental approval records that include the
following information:
(A) The full name, address, and telephone number of the client.
(B) The full name, address, and telephone number of the
parent, managing conservator, or guardian;
(C) The location on the body that may be pierced; and
(D) The signatures of the minor and parent, managing
conservator, or guardian; and
(2) The individual's parent, managing conservator, or guardian being
physically present at the time the body piercing is being performed; and
(A) Executing an affidavit stating that the person is the parent,
managing conservator, or guardian of the individual on whom the
body piercing is being performed;
(B) Presenting evidence of the minor's identity to the artist;
and
(C) Presenting evidence of the status as parent, managing
conservator. or guardian of the individual who will receive the
body piercing to the artist.
(f) No person may be tattooed or body pierced who appears to be under the
influence of alcohol or drugs.
(g) Tattooing and body piercing shall not be performed on any skin surface
which manifests any evidence of unhealthy conditions such as rashes, boils,
infections, or abrasions.
(h) Before receiving a tattoo, each client (and, if applicable, the parent,
managing conservator, or guardian) shall be informed verbally and in writing
about the possible risk and dangers associated with the application of each tattoo.
These shall include, but are not limited to, at least the following: the possibility of
discomfort or pain; the permanence of the markings; the risk of infection; the
possibility of allergic reaction to the pigments or other materials used; and the
increased risks to diabetics.
(i) Before receiving a body piercing, each client (and, if applicable, the
parent, managing conservator, or guardian) shall be informed verbally and in
writing about the possible risks and dangers associated with receiving a body
piercing. These shall include, but are not limited to, at least the following: the
possibility of discomfort or pain; the possibility of scarring; the possibility of
bleeding; the possibility of swelling; the risk of infection; the possibility of nerve
damage; the increased risk for adolescents during certain stages of development;
and the increased risks to diabetics.
0) The studio or temporary location shall maintain proper records of each
client. The information shall be maintained at the studio for at least two (2) years
following the date of the last entry. The temporary location client records shall be
maintained by the license holder for two years These permanent records shall
include the following:
(1) The name, address, and telephone number of the client;
(2) The date tattooing or body piercing was performed;
(3) The client's age, date of birth, and type of positive identification
provided to the artist (the information is to be recorded by the artist as
described in subsection (b) of this section);
(4) The specific color or colors of the tattoo or type of jewelry used
for the piercing and, when available, the manufacturer's catalogue or
identification number of each color or type of jewelry used;
(5) The location on the body where the tattoo or body piercing was
performed;
(6) The name of the artist;
(7) A statement that the client has received a copy of the applicable
written care instructions, and that the client has read and understands the
instructions; and
(8) The signature of the client.
(k) A person younger than eighteen (18) years of age commits an offense if
the person falsely states that the person is eighteen (18) years of age or older or
presents any document that indicates that the person is eighteen (18) years of age
or older to a person engaged in the operation of a studio or temporary location.
See.8.10.008 Sterilization
(a) A studio or temporary location is required to utilize instruments that have
been prepared as described in section 8.10.010(a)—(e) of this article (relating to
tattooing and body piercing instruments and jewelry). The studio or temporary
location shall use sterilization equipment that is approved by the United States
Food and Drug Administration for the purpose of sterilization, and adequate in
size to accommodate necessary utensils and instruments. A copy of the
manufacturer's recommended procedures for operation of the sterilization unit(s)
must be available for inspection by an authorized agent at the time of inspection
of the studio or temporary location.
(b) Each person responsible for the sterilization of instruments shall be able
to demonstrate to the department's authorized agent the correct sterilization
procedures and the proper operation of autoclave and/or dry heat sterilization
equipment.
(c) After each use, the reusable instruments shall be cleansed to remove blood
and tissue residue before sterilization as described in section 8.10.010(n) of this
article.
(d) Instruments and jewelry requiring sterilization shall be packed in
packages approved for the sterilization unit. Instruments and jewelry shall be
packed individually, or as a set provided such set is intended to be used for a
single procedure. Each package shall be labeled with the date of sterilization and
the initials of the person sterilizing the instruments. Packaged sterilized
instruments shall be kept in a sterile condition and stored in a clean dust -tight
container when not in use. Instruments and jewelry may be sterilized immediately
before tattooing or body piercing without the use of sterilization packages as
provided by the sterilization unit(s manual. The studio or temporary location must
keep records in accordance with subsection (g) of this section.
(e) Each package of instruments and jewelry sterilized shall be monitored for
sterilization by the use of chemical/heat sensitive indicators.
(f) Each sterilization unit used by the studio or temporary location to sterilize
instruments and jewelry must have a spore test performed each calendar month
by an approved laboratory. Records shall be documented and available for
inspection at the studio or temporary location.
(g) Each studio or temporary location shall maintain sterilization records. The
information shall be permanently recorded and made available for examination
by an authorized agent in the studio or by the permit holder of a temporary
location for at least two (2) years from the date of the last entry. These permanent
records shall be maintained at the studio or by the permit holder of a temporary
location and shall include the following:
(1) Date of sterilization;
(2) Quantity and type of instruments to be sterilized; and
(3) Name or initials or the individual sterilizing the instruments.
(h) Sterilized instruments and jewelry stored in accordance with the
sterilization unit owner's manual and stored in accordance with the sterilization
packet manufacturer's labeling or letter provided by the manufacturer of the
sterilization packets will be considered sterile for the length of time set out in the
sterilization unit owner's manual or packet labeling or supporting documentation.
If the studio or temporary location personnel cannot provide a manual for the
sterilization equipment at the time of inspection or if no length of time is set out
by the sterilization unit's manual, the equipment and jewelry must be stored in an
approved manner, and the instruments and jewelry not used within thirty (30)
days after sterilization shall no longer be considered sterile. If presterilized
instruments are used, the artist shall obtain documentation from the manufacturer
that describes the method of sterilization utilized by the manufacturer and the
manufacturer's recommendations for storage and maintenance of sterility. This
documentation shall be available for inspection by an authorized agent. The artist
shall follow the manufacturer's instructions for storage and maintenance of
sterility.
(i) One of the following methods of sterilization shall be used:
(1) Autoclave - steam under pressure:
(A) One hundred twenty-one (121) degrees Celsius (two
hundred fifty (250) degrees Fahrenheit) and a pressure of at least
fifteen (15) pounds per square inch for not less than thirty (30)
minutes after the chamber of the autoclave has reached the
required temperature and pressure; or
(B) As specified in the manufacturer's operator's manual.
(2) Dry heat sterilization:
(A) One hundred sixty (160) degrees Celsius (three hundred
twenty (320) degrees Fahrenheit) for not less than one (1) hour
under atmospheric pressure after the sterilizer has reached the
required temperature; or
(B) As specified in the manufacturer's operator's manual.
Sec. 8.10.009 Care of the new tattoo and/or body piercing
(a) Each time tattooing or body piercing is performed the client (and if
applicable, the parent, managing conservator, or guardian) shall receive oral and
written instructions on the care of the area tattooed or pierced. The client shall
sign a written statement in the permanent client record acknowledging that the
client has received a copy of the written care instructions, and that the client has
read and understands the instructions.
(b) The written care instructions for tattooing shall contain at least the
following items:
(1) For at least two (2) weeks, the need to minimize exposure to the
sun, and to discourage swimming;
(2) The need to properly cleanse the tattooed area;
(3) The need to apply antibiotic ointment or cream;
(4) The need to use sterile bandage(s) or other sterile dressing(s) when
necessary;
(5) The name of the artist, and the name, address, and telephone
number of the studio or temporary location; and
(6) The instructions for the client to consult a health care practitioner
at the first sign of infection or an allergic reaction, and to report any
diagnosed infection, allergic reaction, or adverse reaction resulting from
the application of the tattoo to the artist and to the Texas Department of
State Health Services, Drugs and Medical Devices Division, at 1-888-
839-6676 and to the City of Lubbock Health Department, at (806) 775-
2928.
(c) The written care instructions for body piercing shall contain at least the
following items:
(1) The need to properly cleanse the pierced area by using
antibacterial or antimicrobial soap for the external skin or an antiseptic or
carbamide peroxide mouthwash for the oral cavity;
(2) For at least the first six (6) weeks, the need to minimize exposure
to the sun and swimming;
(3) The need to use sterile bandage(s) or other sterile dressing(s) when
necessary;
(4) The name of the artist, and the name, address, and telephone
number of the studio or temporary location; and
(5) The instructions for the client to consult a health care provider at
the first sign of infection or an allergic reaction, and to report any
diagnosed infection, allergic reaction, or adverse reaction resulting from
the body piercing to the artist and to the Texas Department of State Health
Services, Drugs and Medical Devices Division, at 1-888-839-6676 and to
the City of Lubbock Health Department, at (806) 775-2928.
Sec. 8.10.010 Tattooing and body piercing instruments and jewelry
(a) Instruments and jewelry used during tattooing and piercing procedures
which may contact blood or other bodily fluids or which come in direct contact
with skin which is not intact shall be sterilized after each use or disposed of.
These devices include, but are not limited to, needles, bars, tubes, forceps,
receiving tubes, and tapers. This does not include ear piercing guns or tattoo
machines/devices.
(b) Instruments and jewelry used during tattooing and body piercing which do
not come in contact with broken skin but may come in contact with mucous
membranes and oral tissue should be sterilized after each use. If, however,
sterilization is not feasible because the instrument or jewelry will be damaged,
the instrument or jewelry shall be treated with a germicidal solution prior to use.
These devices include, but are not limited to, calipers and gauge wheels.
(c) Instruments that come into contact only with intact skin shall be treated
with a germicidal solution prior to use. These devices include, but are not limited
to, hand mirrors.
(d) Reusable instruments shall be constructed in a manner that permits easy
cleaning and sterilization.
(e) Needles used to perform body piercing and tattooing shall be single use
and disposed of in a sharps container.
(f) Single -use disposable instruments shall be maintained in clean condition
and dispensed in a manner to prevent contamination to the unused instruments.
These devices include, but are not limited to, cups, cotton swabs, corks, rubber
bands, and toothpicks.
(g) Use of styptic pens or alum solids to control blood flow is prohibited.
(h) All dyes or pigments used in tattooing and piercing shall be nontoxic. free
from adulteration, and made from materials generally regarded as safe. Marking
instruments shall be single use or sanitized by design, such as alcohol based ink
pens, and shall be used only on intact skin that has been treated with a germicidal
soap. Any marking instrument that comes in contact with mucous membranes or
broken skin shall be single use.
(i) Only single -use pigment or dye containers shall be used for each client.
Pigments and dyes shall be dispensed from containers in a manner to prevent
contamination to the unused portion. Individual containers of dye or pigment
shall be discarded after use.
0) In order to minimize transmission of body fluids and disease, single -use
plastic covers shall be used to cover spray bottles or other reusable accessories
for multiple client use that are handled by the artist during tattooing and body
piercing.
(k) All stencils shall be single use. Petroleum jellies, soaps, and other
products used in the application of stencils shall be dispensed and applied using
aseptic technique and in a manner to prevent contamination of the original
container and its contents. The applicator shall be single use.
(1) Contaminated reusable instruments shall be placed in a labeled covered
container which may contain a disinfectant solution such as two (2.0) percent
alkaline glutaraldehyde (not to be construed as all inclusive) until it can be
cleaned and sterilized.
(m) All containers holding contaminated instruments and container lids shall
be emptied of contaminated solution and cleaned and sanitized daily or more
often if needed.
(n) Reusable instruments shall be cleaned by gloved personnel prior to
sterilization by one (1) of the following methods:
(1) Mechanically preclean the items by using a clean cotton ball or
swab moistened with a solution of low -residue detergent and cool water.
with care taken to ensure the removal of any pigment or body substances
not visible to the eye, thoroughly rinse with warm water and then drain,
and clean by soaking in a protein dissolving detergent -enzyme cleaner
used according to manufacturer's instructions; or
(2) Clean the items in an ultrasonic cleaning unit used according to
manufacturer's instruction. A copy of the manufacturers recommended
procedures for operation of the ultrasonic cleaning unit must be available
for inspection by an authorized agent; and
(3) Rinse and dry the items prior to packaging for sterilization.
Sec. 8.10.011 Report of infection or allergic reaction
(a) The studio or temporary location shall notify the City of Lubbock Health
Department by providing a written report of any infection or allergic reaction
resulting from a body piercing or the application of a tattoo within forty-eight
(48) hours of its occurrence or knowledge thereof. The report shall include-
(1) The name of the affected client:
(2) The name and address of the studio or temporary location where
the tattoo or body piercing was performed;
(3) The complete legal name of the artist;
(4) The date the tattoo or piercing was performed:
(5) The specific color or colors of the tattoo or type of jewelry used
for the piercing and, when available, the manufacturer's catalogue or
identification number of each ink color or type of jewelry used;
(6) The location of the infection and the location on the body where
the tattoo or piercing was applied;
(7) The name and address of the health care provider, if any; and
(8) Any other information considered relevant to the situation.
(b) The department shall use these reports in their efforts to identify the
source of the adverse reaction(s) and to take action to prevent its recurrence.
Sec. 8.10.012 Disposal of infectious waste
(a) Sharps shall be subjected to the methods of treatment and disposal as
described in chapter 1, subchapter K, sec. 1.136 of title 25, Texas Administrative
Code (relating to approved methods of treatment and disposition) and title 30,
Texas Administrative Code, chapter 330, subchapter Y and to the City of
Lubbock Code of Ordinances.
(b) Other studio or temporary location waste generated during the tattooing
and body piercing process, i.e., cotton balls, cotton tip applicators, corks,
toothpicks, tissues, paper towels, gloves, single -use plastic covering, and pigment
containers (not to be construed as all-inclusive) shall be disposed of in
accordance with the City of Lubbock Code of Ordinances and chapter 1,
subchapter K, sec.1.136(a)(2) of title 25, Texas Administrative Code or title 30,
Texas Administrative Code, chapter 330. Copies of these provisions are indexed
and filed in the office of the Drugs and Medical Devices Division, Texas
Department of State Health Services, 1100 West 49th Street, Austin, Texas
78756, 1-888-839-6676, and are available weekdays for inspection between the
hours of 8:00 a.m. and 5:00 p.m.
Sec. 8.10.013 Tongue splitting and surgical body modification
A person may not perform tongue splitting or surgical body modification.
Secs.8.10.014-8.10.040 Reserved
Division 2. Permit
See.8.10.041 Required
No person may cause, suffer or allow the operation, management, or maintenance
of a tattoo and certain body piercing studio or temporary location without a
permit issued in accordance with this division. Each tattoo and certain body
piercing studio or temporary location shall obtain a separate permit. In no case
shall a person attempt to operate more than one studio or temporary location per
permit.
Sec.8.10.042 Exemption
Persons who engage only in the following are exempt from the licensing
requirements of this division:
(1) A studio located within a medical facility which is permitted under
other law, or an office or clinic of a person permitted by the Texas state
board;
(2) A person who performs only ear piercing; or
(3) A facility in which only ear piercing is performed.
Sec.8.10.043 Fees
All tattoo and body piercing studios shall obtain a permit annually from the
department except as indicated below. A new permit must be obtained at any time
the name, ownership, or location of the permitted studio is changed. All tattoo
and body piercing studios shall pay an annual, nonrefundable permit fee or a fee
for each temporary location for each place of business operated as follows:
(1) One hundred fifty dollars ($150.00) per tattoo only studio;
(2) Three hundred dollars ($300.00) for a tattoo and body piercing
studio, the fee to be paid as follows: one hundred fifty dollars ($150.00)
for the tattoo portion and one hundred fifty dollars ($150.00) for the body
piercing portion; and
(3) One hundred fifty dollars ($150.00) per body piercing only studio.
(4) One hundred dollars ($100.00) per temporary location for tattoo or
body piercing, for a specified length of time not to exceed seven days:
(5) Two hundred dollars ($200.00) per temporary location for tattoo
and body piercing, for a specified length of time not to exceed seven days.
Temporary locations must pay the permit fee no later than 5 days before the
temporary event.
See.8.10.044 Forms
Permit forms may be obtained from the City of Lubbock Environmental Health
Department, 1625-13`h Street, Lubbock, TX, 79401.
Sec.8.10.045 Application
An application shall be submitted for each tattoo studio or temporary location and
a separate application shall be submitted for each body piercing studio or
temporary location. Approval of said application is contingent upon successful
approval of the State of Texas license. The initial permit application for each
studio or temporary location shall be signed and verified, shall be made on the
permit application furnished by the department, and shall contain the following
information:
(1) The full or legal name under which the studio or temporary
location is conducted;
(2) The address of the studio or temporary location that is to be
permitted. Sufficient descriptive information must be included if the
studio is located in a portion of a building with other permit holders;
(3) If a proprietorship, the name and residence address of the
proprietor; if a partnership, the names and residence addresses of all
partners; if a corporation, the date and place of incorporation and name
and address of its registered agent in the state; or if any other type of
association, then the names of the principals of such association;
(4) For each studio or temporary location, the name(s) and residence
address(es) of the responsible individual(s) thereof;
(5) The name(s) of the studio's or temporary location's artist(s);
(6) The usual days and hours of operation of each studio or temporary
location; and
(7) A description of all services to be provided at the studio or
temporary location.
Sec. 8.10.046 Issuance; term; display
(a) The department may issue a permit to the owner of a studio or temporary
location after determining that the studio or temporary location is in compliance
with applicable statutes, rules, and zoning codes.
(b) The initial studio permit shall be valid for one year from the date of
issuance, which becomes the anniversary date. A permit for a temporary location
will be valid for the specified period of time, not to exceed seven days.
(c) The renewal studio permit shall be valid for one year from the anniversary
date.
(d) The permit shall be displayed in a prominent place in the studio or
temporary location.
See.8.10.047 Renewal
(a) Each year, the permit holder of a studio shall renew its permit in
accordance with the requirements of this division.
(b) The permit holder of a studio shall renew the permit by filing an
application for renewal before the expiration date of the current permit. A person
who files a renewal application after the expiration date must pay an additional
fifty dollars ($50.00) as a delinquency fee.
(c) Failure to submit the renewal application annually shall subject the studio
to enforcement pursuant to this article.
(d) Notification of change of location of studio. Not fewer than thirty (30)
days in advance of the change, the permit holder shall notify the department in
writing of the permit holder's intent to change the location of a permitted studio.
The notice shall include the address of the new location, and the name and
residence address of the individual in charge of the studio at the new location.
Sec. 8.10.048 Grounds for denial
(a) The department may refuse to issue an original or renewal tattoo studio or
temporary location or body piercing studio or temporary location permit if it has
reasonable grounds to believe and finds that any of the following circumstances
exists:
(1) The applicant has been convicted of a violation of this article
during the two (2) years immediately preceding the filing of the
application;
(2) Three (3) years have not elapsed since the termination, by pardon
or otherwise, of a sentence imposed on the applicant for a conviction
associated with tattooing or body piercing;
(3) The applicant violated or caused to be violated a provision of this
article or a rule of the department adopted under this article involving
moral turpitude during the six (6) months immediately preceding the
filing of the application;
(4) The applicant failed to answer or falsely or incorrectly answered a
question in an original or renewal application;
(5) The applicant is indebted to the state for a fee or penalty imposed
by this article or by rule of the department adopted under this article;
(6) The applicant is a minor; or
(7) The applicant does not provide an adequate building available at
the address for which the permit is sought before conducting any activity
authorized by the permit.
(b) The department may refuse to issue or renew, for a period of one (1) year
from the date of application for the initial or renewal permit, a studio or
temporary location permit for a premises where a shooting, stabbing, or other
violent act or an offense involving drugs occurred that involved a permit
applicant, permit holder, or registrant under this article or a patron or employee of
the studio or temporary location.
Sec. 8.10.049 Basis for denial, suspension or revocation
The department may, after providing notice and opportunity for a hearing, refuse
to permit a studio or temporary location, or may revoke or suspend the permit for
violations of the requirements in this article or for any reasons described in the
Tattoo and Certain Body Piercing Studio Act or in the Texas Food, Drug, and
Cosmetic Act.
Sec. 8.10.050 Hearings
The public health administrator or his designee shall conduct any hearing
pursuant to this article. Notice of such hearing shall be provided by the public
health administrator to the studio owner or permit holder by certified mail, return
receipt requested. At such hearing all parties shall be given the opportunity to
present evidence. The public health administrator or his designee has the
authority to issue an order to refuse to permit a studio or temporary location, or
may revoke or suspend the permit of a currently operating studio or temporary
location. Such orders may be appealed to the City of Lubbock Permit and License
Appeal Board by filing a written notice of appeal within five (5) days with the
city secretary's office. Decisions of the permit and license appeal board shall be
final.
Sec.8.10.051 Reissuance
If a permit issued under this division has been revoked or denied for violation of
these rules, the permit holder named in the revocation or denial is not eligible for
licensing under this division for a period of two (2) years.
Sec.8.10.052 Suspension
(a) Permit holder includes sole proprietors, each member of a partnership or
association and, with respect to a corporation, each officer and the owner or
owners of a majority of the corporate stock.
(b) The department may suspend or revoke an original or renewal studio or
temporary location permit if it is found, after notice and hearing as provided in
this division, that any of the following is true:
(1) The permit holder has been finally convicted of a violation of this
article;
(2) The permit holder violated a provision of this article;
(3) The permit holder made a false or misleading statement in
connection with the original or renewal application, either in the formal
application itself or in any other written instrument relating to the
application submitted to the department;
(4) The permit holder is indebted to the city for fees or payment of
penalties imposed by this article;
(5) The permit holder knowingly misrepresented to a customer or the
public any tattoo or body piercing jewelry sold by the permit holder; or
(6) The permit holder was intoxicated on the permitted premises.
(c) If a permit holder cannot be located for any notice required under this
division, the department shall provide notice by posting a copy of the order on the
front door of the permitted premises.
Sec. 8.10.53 Immediate Closure by Department
(a) The Department may order the immediate closure of a studio or
temporary location when there is a reasonable basis to believe that an individual
contracted or was exposed to any communicable disease or disease of the skin
while receiving a tattoo and/or body piercing at the studio or temporary location.
(b) It shall be unlawful to fail to promptly comply with the notice of
immediate closure. Such failure to promptly comply with the notice of
immediate closure shall subject the studio or temporary location to other
enforcement provisions of this article.
SECTION 2. THAT violation of any provision of this Ordinance shall be deemed
a misdemeanor punishable as provided by Section 1.01.004 of the Code of Ordinances of
the City of Lubbock, Texas.
SECTION 3. THAT should any paragraph, section, clause, phrase or word of this
Ordinance be declared unconstitutional or invalid for any reason, the remainder of the
Ordinance shall not be affected thereby.
SECTION 4. THAT the City Secretary of the City of Lubbock, Texas, is hereby
authorized and directed to cause publication of the descriptive caption of this Ordinance
as an alternative means of publication provided by law.
AND IT IS SO ORDERED.
Passed by the City Council on first reading on
January 31, 2013
Passed by the City Council on second reading on _February 14, 2013
GL *ROBtRTSO—N, MAYOR
ATTEST:
Reb ca Garza, City Secretary
APPROVED AS TO CONTENT:
-T�EFu�6Vjwd--
err Bridget FaulkenbEnvironme al Health Director
g Y�
APPROVED AS TO FORM:
Arny L. Sims, Assistant City Attorney
it
as tattoo -temp Iocation.Ord _ l,doc
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