HomeMy WebLinkAboutOrdinance # 1967ORDINANCE NO. 19 6 7
An Ordinance Amending Chapter 11 of Title 3 (Tattoo .and Body Piercing Establishments)
of the Canton Municipal Code
WHEREAS, the Legal and Ordinance Committee has determined that it is necessary and
in the best interests of the citizens of Canton, Illinois to amend Chapter 11 of Title 3 (Tattoo and
Body Piercing Establishments) of the Canton Municipal Code to clarify and add provisions in
regards to body piercing; and
WHEREAS, the City Council has made a similar determination.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CANTON, Fulton County, Illinois, as follows:
Chapter 11: TATTOO AND BODY PIERCING ESTABLISHMENTS
3-11-1: DEFINITIONS:
For purposes of this chapter, the words and terms defined below shall have the following
meanings:
BODY PIERCING: Any procedure whereby a part or parts of the human body are pierced by a
sharp instrument in order to allow insertion of a piece or pieces of jewelry, a ring or other
ornamental device through the orifice thus created.
OPERATOR: Any individual, firm, company, corporation or association that owns or operates
an establishment where tattooing OR BODY PIERCING_ is performed and any individual who
performs or practices the art of tattooing or BODY PIERCING other human beings.
TATTOO, TATTOOED, TATTOOING: Any method of placing designs, letters, scrolls, figures,
symbols or any other marks upon or under the skin with ink or any other substance resulting in
the coloration of the skin by the aid of needles or other instruments designed to touch or puncture
the skin. (Ord. 1575, 2-17-1998)
3-11-2: LICENSE REQUIRED:
The operator of the facility shall file an annual application for a license with the City Clerk that
shall be accompanied by the requisite fee. Before issuing a license to' an applicant, the City, or
its designee, shall inspect the premises of the establishment to insure compliance under the
ordinance._ It shall be unlawful for any person to engage in the business of operating a tattooing
establishment or body piercing establishment without first having obtained a license from the
city. A permit is not transferable from one place or operator to another.
3-11-3: LICENSE FEE:
The license fee for engaging in the business of operating a tattooing establishment or body
piercing establishment within the city shall be one hundred dollars ($100.00) per annum, payable
in advance to the city clerk at the time application for a license is made. (Ord. 1575, 2-17-1998)
3-11-4: APPLICATION FOR LICENSE; CONTENTS:
All applications for licenses to operate a tattooing or body piercing establishment shall be made
in writing to the city clerk on a form provided by the City Clerk and shall be accompanied by the
license fee for the period for which the application is made. All permits will be valid from the
date of issuance and shall automatically expire on Apri130`h of each calendar year. Renewals
shall be made by Apri130`h of each calendar year. Any change of ownership shall require a new
application and license with payment of fees therefore. (Ord. 1575, 2-17-1998)
3-11-5 EXEMPTIONS:
Individuals who pierce only the lobe of the ear with apre-sterilized single-use stud and clasp ear-
piercing system are exempt from these regulations. Individuals who use ear-piercing systems
must conform to the manufacturer's directions on use and applicable U.S. Food and Drug
Administration requirements.
3-11-6: AGE REQUIREMENT:
No person under the age of eighteen (18) may be tattooed or pierced except by a physician
provided by the statutes of the State of Illinois. (See 720 ILLS 5/12-10(a)). Age verification
shall be obtained by government issued identification containing a birth date and photograph. A
photocopy of the government issued identification must be retained by the operator for a period
not less than twelve (12) months.
3-11-7: HEALTH AND SANITARY REQUIREMENTS:
Each person who operates a tattooing establishment shall comply with the following
requirements:
(A) The establishment shall have a certificate of compliance with or inspection by the Fulton
County health department, if available. (Ord. 1575, 2-17-1998)
(B) The operator will have attended and submitted proof of attendance and completion of a blood
borne pathogen training program. Examples of approved courses include courses such as
"Preventing Disease Transmission" (American Red Cross) and Bloodborne Pathogen
Training (U.S. OSHA). Training/courses provided by professional body art organizations or
associations or by equipment manufacturers may also be submitted to the City for approval.
(C) The room in which tattooing is done shall have an enclosed area of not less than one hundred
(100) square feet. The walls, floors and ceiling shall have an impervious, smooth and
washable surface. (Ord. 1912, 9-18-2007)Tattooing cannot be performed in any room where
piercing is performed.
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(D) A toilet shall be located in the establishment and shall be accessible at all times the tattooing
establishment is open for business. The lavatory shall be supplied with hot and cold running
water, soap and sanitary towels.
(E) All tables and other equipment shall be constructed of easily cleanable material, shall be
painted or finished in a light color, with a smooth washable finish and shall be separated
from waiting customers or observers by a solid wall or door totally eliminating any view into
the tattooing room.
(F) The entire premises and equipment shall be maintained in a clean, sanitary condition and in
good repair.
(G) The operator shall wash his hands thoroughly with antiseptic soap and water before starting
to tattoo; the hands shall be dried with individual, single use towels. The operator shall wear
disposable medical gloves, discarded, at a minimum, after completion of each procedure on a
client.
(H) The area on the patron to be tattooed shall first be thoroughly washed with a sterile, single
use sponge with warm water containing an antiseptic liquid soap. The area should be shaved
with a safety razor, using single service blades for each customer or patron, followed by a
solution of seventy percent (70%) alcohol to be applied to the area before tattooing is begun.
(I) Only petroleum jelly in collapsible metal or plastic tubes shall be used on the area to be
tattooed and it shall be applied with sterile gauze.
(J) Single service or individual containers of dye or ink shall be used for each patron and the
container therefore shall be discarded immediately after completing work on a patron and
any dye in which the needles are dipped shall not be used on another person. After
completing work on any person, the tattooed area shall be washed with sterile gauze and
seventy percent (70%) alcohol solution and allowed to dry. The sterile gauze dressing shall
then be fastened to the tattooed area. (Ord. 1575, 2-17-1998)
Each person who operates a body piercing establishment shall comply with the following
requirements:
(K) The establishment shall have a certificate of compliance with or inspection by the Fulton
County health department, if available. (Ord. 1575, 2-17-1998)
(L) The operator will have attended and submitted proof of attendance and completion of a blood
borne pathogen training program. Examples of approved courses include courses such as
"Preventing Disease Transmission" (American Red Cross) and Bloodborne Pathogen
Training (U.S. OSHA). Training/courses provided by professional body art organizations or
associations or by equipment manufacturers may also be submitted to the City for approval.
(M) The room in which piercing is done shall have an enclosed area of not less than one hundred
(100) square feet. The walls, floors and ceiling shall have an impervious, smooth and
washable surface. (Ord. 1912, 9-18-2007) Piercing cannot be performed in any room where
tattooing is performed.
(N) A toilet shall be located in the establishment and shall be accessible at all times the piercing
establishment is open for business. The lavatory shall be supplied with hot and cold running
water, soap and sanitary towels.
(O) All tables and other equipment shall be constructed of easily cleanable material, shall be
painted or finished in a light color, with a smooth washable finish and shall be separated
from waiting customers or observers by a solid wall or door totally eliminating any view into
the tattooing room.
(P) The entire premises and equipment shall be maintained in a clean, sanitary condition and in
good repair.
(Q) The operator shall wash his hands thoroughly with antiseptic soap and water before starting
to pierce; the hands shall be dried with individual, single use towels. The operator shall wear
disposable medical gloves, discarded, at a minimum, after completion of each procedure on a
client.
(R) The area on the patron to be tattooed shall first be thoroughly washed with a sterile, single
use sponge with warm water containing an antiseptic liquid soap. The area should be shaved
with a safety razor, using single service blades for each customer or patron, followed by a
solution of seventy percent (70%) alcohol to be applied to the area before tattooing is begun.
3-11-8: SANITATION AND STERILIZATION PROCEDURES
(A) All establishments must have an autoclave onsite. All other forms of sterilization are
prohibited. All non-single-use, non-disposable instruments used for body art shall be cleaned
thoroughly after each use by scrubbing with an appropriate soap or disinfectant solution and hot
water or by following the manufacturer's instructions, to remove blood and tissue residue, and
shall be placed in an ultrasonic unit also operated in accordance with manufacturer's instructions.
(B) After being cleaned, all non-disposable instruments used shall be packed individually in
peel-packs and subsequently sterilized. All peel-packs shall contain either a sterilizer or internal
temperature indicator. Peel-packs must be dated with an expiration date not to exceed six
months.
(C) All cleaned, non-disposable instruments used for body art shall be sterilized in a steam
autoclave. The sterilizer shall be used, cleaned, and maintained according to manufacturer's
instruction. A copy of the manufacturer's recommended procedures for the operation of the
sterilization unit must be available for inspection by the City. Sterile equipment may not be used
if the package had been breached or after the expiration date without first repacking and
resterilizing. Sterilizers shall be located away from work stations or areas frequented by the
public. If the establishment uses only single-use, disposable instruments and products, and uses
sterile supplies, an autoclave shall not be required.
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(D) Each holder of a permit to operate he/she shall demonstrate that the sterilizer used is
capable of attaining sterilization by quarterly spore destruction tests. These tests shall be verified
through an independent laboratory. The permit shall not be issued or renewed until
documentation of the sterilizer's ability to destroy spores is received by the City. These test
records shall be retained by the operator for a period of three years and made available to the
City upon request.
(E) All instruments used for tattooing/body piercing shall remain stored in sterile packages until
just prior to the performance of a body art procedure. When assembling instruments used for
body art procedures, the operator shall wear disposable medical gloves and use medically
recognized techniques to ensure that the instruments and gloves are not contaminated.
(F) All inks, dyes, pigments, needles, and equipment shall be specifically manufactured for
performing body art procedures and shall be used according to manufacturer's instructions. The
mixing of approved inks, dyes, or pigments or their dilution with potable water is acceptable.
Any other dilution outside of the manufacturer's recommendations must be approved by the City
prior to use. 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 cups or plastic cups. Upon
completion of the tattoo, these single cups or caps and their contents shall be discarded.
(G) Only sterile, single-use needles are allowed. Single-use items shall not be used on more
than one client for any reason. After use, all single-use needles, razors, and other sharps shall be
immediately disposed of in approved sharps containers.
(H) All products applied to the skin, including body art stencils, shall be single use and
disposable.
3-11-9: INFECTIONS:
Persons, customers or patrons having any skin infection or other disease, including, but not
limited to, jaundice, hepatitis, AIDS or any communicable disease shall not be tattooed. (Ord.
1575, 2-17-1998)
3-11-10: PENALTY:
A violation of this chapter shall subject the person violating it to a fine of fifty dollars ($50.00) to
two hundred fifty dollars ($250.00). Underage recipients of a tattoo in this city shall be subject to
prosecution as well as the operator. (Ord. 1575, 2-17-1998)
3-11-11 SUSPENSION OR REVOCATION OF PERMITS:
(A) Permits issued under the provisions of the code may be suspended temporarily by the City
for failure of the holder to comply with the requirements of this Code.
(B) Whenever a permit holder or operator has failed to comply with any notice issued under the
provisions of this Code, the operator must be notified in writing that the permit is, upon service
of this notice, immediately suspended. The notice must also contain a statement informing the
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permit holder or operator that an opportunity for a hearing will be provided if a written request
for a hearing is filed with the department within the time specified by law.
(C) Any person whose permit has been suspended may, at any time, make application for
reinstatement of the permit. Within ten days of receipt of a written request, including a statement
signed by the applicant that in his or her opinion the conditions causing the suspension have been
corrected and submission of the appropriate re-inspection fees, the department shall re-inspect
the body art establishment or evaluate documentation provided by an operator. If the applicant is
in compliance with the provisions of this Code, the permit will be reinstated.
(D) For repeated or serious (any Code infraction that threatens the health of the client or
operator) violations of any of the requirements of this code or for interference with department
personnel in the performance of their duties, a permit may be permanently revoked after a
hearing. Before taking such action, the City shall notify the permit holder or operator in writing,
stating the reasons for which the permit is subject to revocation and advising the permit holder or
operator of the requirements for filing a request for a hearing. A permit may be suspended for
cause, pending its revocation or hearing relative thereto.
(E) The City may permanently revoke a permit after five days following service of the notice
unless the permit holder files a request for a hearing within the five-day period with the
department.
(F) The hearings provided for in this section must be conducted by the City at a time and place
designated by the City. On the basis of the record of the hearing, the City shall make a finding
and may sustain, modify, or rescind any official notice or order considered in the hearing. A
written report of the hearing decision must be furnished to the permit holder or operator by the
City.
PASSED by the City Council of the City of Canton, Illinois at a regular meeting this
7 th day of Apr i 1 , 2009 upon a roll call vote as follows:
AYES: Aldermen Strandberg, Ihnes, Ellis, Sarff, Berardi, Schenck.
NAYS: None .
ABSENT• Aldermen Lewis, West. (Alderman Lewis resigned as Alderman
• effective May 5, 2009.
APP V
`'
Kevin R. Meade, Mayor
ATTEST:
Y
Nancy White, ity Clerk
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