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HomeMy WebLinkAboutOrdinance - 8370-1982 - Amend. Code Of Ord. By Adding New Article XI To Ch. 15 For Op. Tattoo Est. - 09/23/1982DGV:js ORDINANCE NO. 8370 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY ADDING THERETO A NEW ARTICLE XI TO CHAPTER 15 PERTAINING TO THE OPERATION OF TATTOO ESTABLISHMENTS; REQUIRING A PERMIT FOR TATTOO ESTABLISH- MENTS AND TATTOO OPERATORS; ESTABLISHING SANITARY REQUIREMENTS ; PROVIDING FOR HEALTH INSPECTIONS; PROVIDING FOR SUSPENSION OF PERMITS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. WHEREAS, there recently has occurred an increase in the tattoo business in the City of Lubbock; and WHEREAS, disease and infections may be spread in the process of giving tattoos; and WHEREAS, the City Council of the City of Lubbock finds that it is.in the interest .of the health, safety and welfare of the citizens of the City of Lubbock that an ordinance be enacted regulating the operation of tattoo es- tablishments within the City of Lubbock; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the Code of Ordinances, City of Lubbock, Texas, is hereby amended by adding an Article XI to Chapter 15, which Article shall read as follows: ARTICLE XI. TATTOO ESTABLISHMENTS Sec. 15-112. Permit Required. (a) It shall be unlawful for any person to own or operate a tattoo establishment in Lubbock, Texas, without having first obtained a permit in accordance with the procedures hereinafter set forth. (b) It shall be unlawful for any person to give another person a tattoo within the City of Lubbock unless the person giving the tattoo has first obtained a permit in accordance with the procedures hereinafter set forth. Sec. 15-113. Application for Tattoo Permits. (a) Establishment Permit. Any person desiring to operate a tattoo establishment shall make application for a permit to the Lubbock Health Department upon forms provided by the Lubbock Health Department, which shall contain at least the following information: (1) The name and address of the applicant. (2) If a partnership, the names and addresses of each of the partners, whether general or limited. (3) If a corporation, the names and addresses of all of its officers and directors, and the name of it·s resident agent for service. rJ ,! ! (4) The location and hours of operation of the tattoo estab- lishment. (5) A description of all services to be provided at the tattoo establishment. (6) An exact inventory of all equipment, dyes and inks to be utilized, including manufacturer's name and serial number, if applicable. (b) Tattoo Operator Permit. Application for a permit as a tattoo operator shall be made to the Lubbock Health Department upon forms pro- vided by the Lubbock Health Department, which shall contain at least the following information: (1) The name, age, sex and address of the applicant. (2) The name and address of the tattoo establishment where such person will be working. (3) The applicant's medical history with regard to communi- cable diseases and current state of health. (4) A listing of all training or previous experience appli- cable to the profession of tattoo operator. Sec. 15-114. Permit Fees. (a) The issuance of all permits is conditioned upon compliance with the requirements of this Article and all permits may be suspended for violation of any provision of this Article. (b) All permits shall be for a term of one year from the date of issuance and are non-transferable. (c) Permits shall be prominently displayed in the tattoo establish- ment and shall not be altered in any way. (d) The fee for a tattoo establishment shall be $150.00 per year and the fee for a tattoo operator permit shall be $25.00 per year. Sec. 15-115. Requirements for Tattoo Establishments and Tattoo Operators. (a) Tattoo Establishments. All tattoo establishments shall comply with the following requirements: (1) Days and hours of:operation must be posted on the door of the premises. (2) The owner will maintain a list of names, addresses, and exact duties of all employees and provide the Lubbock City Health Department with such list. (3) Lighting. Tattoo establishments shall have at least 50 foot candles of illumination in the tattooing area and at least 30 foot candles of illumination in all other areas. (4) Size. Tattoo establishments shall contain a minimum area of 100 square feet to safely accommodate the equipment and customer areas required. (5) Walls, floors and ceilings shall be kept in good repair and maintained in a clean condition. Tattooing areas and restrooms shall have smooth and easily cleanable surfaces. (6) A toilet and handwashing sink with hot and cold running water, sanitary towels and soap shall be conveniently located and accessible to patrons and tattoo operators. Restrooms shall be mechanically vented to the outside and trash shall be kept in self-closing containers. (7) The tattoo area shall be separated from customers and ob- servers by a partition or wall. (8) All tables and chairs used in a tattooing area shall be constructed of an easily cleanable material. (9) The tattoo establishment shall be rodent proof and insect protected and oute~ openings shall have tight-fitting, self-closing doors. (10) The tattoo.establishment shall be properly heated and ven- tilated. (11) The entire tattoo establishment premises shall be kept clean and in a sanitary condition .at all times. (b) Tattoo Operators. All tattoo operators shall meet the follow- ing requirements: (1) Tattoo operators shall be free of all communicable dis- eases and shall have no pustular skin lesions while ad- ministering tattoos. (2) Tattoo operators shall wear an easily cleanable short- sleeved smock which is in a clean condition while admin- istering tattoos. (3) Before administering a tattoo, tattoo operators shall thoroughly wash their hands in hot water with soap, using a short-bristled brush and then dry them with a disposable paper towel. (4) The tattoo operator shall while on duty utilize or wear effective hair restraints for hair over the ears; shall have clean fingernails; shall, in general, be clean. OC003 (5) Tattoo operators shall not smoke while administering a tattoo. (6) No tattoo shall be administered to any person less than 21 years1 of age. It is the responsibility of the tattoo op- erator to ascertain the age of the person requesting a tattop. Verification of age shall be by a document pro- ' duced! by a governmental agency. (7) The skin surface to be tattooed shall be free of rash, pimples, infection or recent (less than two years) scar I tissue; and the patron must be in apparent good health and with ~kin in a generally healthy condition. (8) Tattoos shall not be administered to any person discern- ibly hnder the influence of drugs or alcohol. It is the responsibility of the tattoo operator to make reasonable obseryation and inquiry to ascertain the absence of in- fluen~e of drugs or alcohol. (9} Tattoo operators shall not allow patrons to bring food or drink into the tattooing area and shall not allow patrons to smoke while being tattooed. (10) The tattoo operator shall ask all patrons before tattooing if they have had jaundice or hepatitis within twelve (12) months prior to the date of seeking the tattoo. If the answe~ is affirmative, a tattoo shall not be administered. (11) The tattoo operator shall cause to be made a record of all patrons tattooed, including name, age, address, date of tattop, ~ody area tattooed, a brief description of the de- sign,! and the name of the tattoo operator. Tattoo estab- lishments shall keep such records permanently and shall I ' make ~uch records available to the Lubbock City Health De- partmentior law enforcement agencies upon request. (12) Tattoo operators shall be at least 21 years of age, have at least six (6) months experience assisting a tattoo operator in a legally operated tattoo establishment in Texas1 or another state, or shall have special training equivalent to the above experience. (13) All tattoo operator permit applicants must furnish to the Lubbock City Health Department a certificate signed by a physibian certifying that the applicant is free from vener~al disease, tuberculosis, hepatitis, or any skin disease. A new certificate must be provided for each I • annual permit renewal. Failure to provide such certJ.fi- cate 6hall be grounds for refusing to grant a permit and I suspension of any existing permit. ! OCOO.J I'···· ~ ~ 1 .; ' ~ \ i 1 \ '! I I I II lj I Sec. 15-116. Tattoo Procedures. The minimum required procedure for administering a tattoo shall be as follows: (1) The skin surrounding the area chosen for the tattoo shall first be washed with germicidal soap and then shaved. Fol- lowing shaving, the skin must be gently scrubbed with an effective cutaneous antiseptic and disinfectant using a sterile gauze pad which shall be discarded after one use. (2) All acetate tattoo stencils shall be cleaned with an effec- tive cutaneous antiseptic and disinfectant for each use or else individual transfers that are discarded after one use shall be used. (3) The instruments used in administering the tattoo, includ- ing stainless steel hand pieces, needle bars, needles, and razor blade holders, shall be cleaned thoroughly after each use by scrubbing with soap and hot water. (4) Individual tubes and needle setups shall be used for each customer. After use, such needles will be washed and then sterilized in. an autoclave or a dryclave. If an autoclave is used the instruments will be sterilized for a minimum of thirty (30) minutes at 251 degrees and at fifteen (15) pounds per square inch. Indicator tapes or bags will be used to double check the effectiveness of sterilization. If a dryclave is used it must maintain a minimum tempera- ture of 140 degrees Centigrade (285 degrees Fahrenheit) for 180 minutes. Indicator tubes must be used to double check the effectiveness of sterilization. (5) All instruments and needles will be stored in a closed metal or glass container. (6) Individual razor blades will be used when a customer is shaved and the blade will be discarded after use. (7) A tattoo shall be bandaged with a non-stick type bandage when tattooing is completed. (8) Individual cups of ink shall be used for each patron and the cup and ink shall be discarded after use. (9) No attempt shall be made to remove any tattoo by any tattoo establishment or tattoo operator. (10) Written instructions approved by the Lubbock City Health Department regarding the proper care of the tattooed skin to prevent infection shall be provided to each patron fol- lowing tattooing. 0C000 " I ~ ~~ . r ~ l:i ! : ~~ . '!'! . 1: !li :li ':I ~:.r I! li I! I !i ii 'I I ~ :1:1 ,,, ''I I! :jl !I 'I 'I 1: ;,,1 ''I ij I, '1: I II I I I ! I I Sec. 15-117. Reporting of Infectlons. 'I Any infection or disease app rently resulting from a tattoo operation,,! which becomes known to the tattoo !operator or any other person, shall be ', immediately reported in writing t~ the Lubbock City Health Department. 'I I Sec. 15-118. Health Inspections. 1 All tattoo establishments shJll be inspected by the City of Lubbock Health Department upon a routine ~asis. If a violation of the provisions of this Article is discovered, the Lubbock City Health Department may re- quire the correction of such situJtion and make reinspections to deter- mine compliance. Tattoo establis~ents shall permit inspections by the City of Lubbock Health Departmentiduring normal business hours. i Sec. 15-119. Suspension of Permits. (a) Suspension. The Lubbock City Health Director may suspend the permit of any tattoo establishment or tattoo operator for the following reasons: (1) Failure to answer or the giving of any false answer upon an application for. a permit or for the renewal of a per- mit. (2) Violation of any provision of this Article or any state law pertaining to the practice of tattooing. (b) Effect of Suspension. Any tattoo establishment or tattoo op- erator informed of a permit suspension in writing by the Lubbock City Health Department shall immediately cease all tattoo operations. Such notice shall state the reasons for such suspension and shall set out the corrective action required. (c) Appeals of Su~pension. Such suspension may be appealed to the Lubbock City Health Director for hearing by giving written notice of such appeal to the Lubbock City Health Department within five (5) days of the date of such suspension. The Lubbock City Health Director shall give such matter a hearing within ten (10) days of the receipt of the written notice of appeal. Tattoo operations shall not be commenced by a sus- pended tattoo establishment or tattoo operator except at such time and under such conditions as are specified by the City of Lubbock Health Director. The decision of the City of Lubbock Health Director shall be final and binding unless such decision is appealed to the City of Lubbock Permit and License Appeal Board in accordance with the provisions of Chapter 2, Art. XI, of the Code of Ordinances of the City of Lubbock, Texas. Sec. 15-120. Penalties. In addition to such administrative penalties as are herein set out, any person, firm, or corporation violating any provision of this Article OCOOG I I shall be fined not exceeding two hundred dollars ($200.00) for each of- fense; and a separate offense shall be deemed committed on each day dur- ing or on which a violation occurs or continues. SECTION 2. THAT violation of any provision of this ordinance shall be deemed a misdemeanor punishable by a fine not to exceed two hundred dollars I ($200.00) as provided in Sec. 1-5 of the Code of Ordinances of the City of Lubbock. SECTION 3. THAT should any section, paragraph, sentence, clause or l word of this ordinance be declared unconstitutional or invalid for any reason, the remainder of this ordinance shall not be affected thereby. I SECTION 4. THAT the City Secretary is hereby authorized to cause pub-! lication of the descriptive caption of this ordinance as an alternative method !provided by law. I AND IT IS SO ORDERED. ',Passed by City Council on first reading this 1982. ! Passed by City Council on second reading this 19 8 2 • ----:'--Ur.!..:-. 23rd day of _..::S..::e;.c::P..::t..::e;.:;m~b-=e.:....r ___ _ 1 I ATT~ST: I j-Ekv~lyn~~G~a~f~f~gca~,~~~~~~2-~~~~--- APPROVED AS TO CONTENT: APPROVED AS TO FORM: OC007 , I i THE STATE OF TEXAS • ·c;OVNTY OF LUBBOCK . , Before me Bonnie McKee a Notarv Public in and for Lubbock cAuntv. Texas on this dav personally appearedTWila Aufill t Account Mancu!er of thl s6uthwestern Newsp~­ pers Corporation. publishers of the Lubbock Avalanche-Journal -Morning. Evening and Sunday. who being by me duly sworn did depose and say that said newspaper has been published continuously for more than fifty-two weeks prior to the first insertion of this LeEal Notice-363 words@60t per wo rd-$218 • 80 No. 608090 at Lubbock County. Texas and the attached print- ed copy of the Not 1 ce is a true copy of the original and was printed in the Lubbock Avalanche-Journal on the following dates: October 17 & 24t 1982. K5886 LUBBOCK AVALANCHE-JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this .25.th day of October 19J~~~!rE; n FORM58-10 .CJTY SECRETARY . $Miiil'lld' O~fW . ._ AN OIU>.IItb!CE Aiiii&IOIDING ZONtkG · OR01 NANCE NO. 7UU . : AND THE OFFICIAL MAP . OF ' THE CITY OF LUBBOCK SO AS 1 TO MAKE THE FOLLOWING ':CHANGES: ZONE CASE NO. 2378t •CHANGE·A TRACT OF LAND , OUT OF SECTION 9, BLOCK ,..; ,, CITY .OF LUBBO(:K, LUBBOCK· :;COUNTY, TEXAS, f'ROM R·l TO :M·l ZONING DISTRICT;': SUB; f JECT TO CONDITIONS; PROVID-'. ''lNG FOR A .PENALTY AS PRO·' · .VIDEO FOR IN SECTION H OF' THE CITY CODE; PROVIDING f/4' ·SAVINGS CLAUSE AND PROVIO.: INGFORPIJBLICATION. : : DGV:1s . ORDiNANCE NO. 1310 . AN· OROINANCf:! AM1i!111DING! · · THE CODE OF ORDINANCES OF: THE CITY OF LUBBOCK, TEXAS,: BY ADOI"!G ·THERETO A NEW ' ARTICLE XI TO CHAPTER IS ;. '!'PERTAINING TO' THE OPERA· ION OF TATTOO' ESTAEI· I.ISHMENTS;' REQUIRING ·A · PERMIT FOR TATTOO ESTAB-LISHMENTS AND TATTOO OP~ I RATORS;. ESTABLISH lNG SAN~ ,ITARY REQIJIR£M!/IITS;PR01f· ICING FOR HEAI..TH INSI>I:c~·~ TIONS; 'PROVI01NG FOR ·SUS· • PENSION OF PERMITS; f'ROV. IOING A PENALTY;.PRO\IIDING •A SAVINGS CLAUSE; AND PROV; IDING FOR PUBLICATION. 1 I OGV: Is · ORO/NAI'«)e NO< 8311' · . .AN ORDINANCE . ADOPTING iAND ENACTING A NEW CODE OF ORDINANCES FOR THE CITY. ' OF LUBBOCK,· TEXAS; ESTAB-,LISHING THE SAMii!; f'ROVID-11NG FOR THE REPEAL OF CER.' 11'AIN ORDINANCES NOT IN· ~CLUDED THEREIN OR SAVED ' .. FROM. REPEAL; PR.OVIOING·~ FOR THE MANNER OF AMEND· lNG AND SUPPLEMENTING $UCH CODE; PROVIDING MiEN , SUCH COOE AND TI'IIS OROI· • NANCE .SHAU. SECOME · EF· ·. fECTI\IE; AltO PROVIDING fOR PUBLICA TIQN..