HomeMy WebLinkAboutOrdinance #3625 ORDINANCE NO. 3625
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE
BY REPEALING CHAPTER 8.70 AND REPLACING IT
WITH CHAPTER 8.72 RELATING TO TATTOOING, BODY
PIERCING AND PERMANENT COSMETICS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Chapter 8.70 is hereby deleted in its entirety.
SECTION 2. Chapter 8.72 is hereby added to the Huntington Beach Municipal Code,to
read as follows:
Chapter 8.72
TATTOOING, BODY PIERCING AND PERMANENT
COSMETICS REGULATIONS
Sections:
8.72.010 Definitions
8.72.020 Locational Criteria
8.72.030 License Required
8.72.040 Record Retention
8.72.050 Health and Sanitary Requirements
8.72.060 Operator
8.72.070 Establishment
8.72.080 Equipment and Supplies-General
8.72.090 Patrons
8.72;100 Skin Preparation
8.72.110 Tattoo
8.72.120 Body Pierce
8.72.13 0 Interpretation
8.72.140 Severability
8.72.150 Enforcement
8.72.160 Violations
8.72.170 Penalties
8.72.010 Definitions
(a) Aftercare Instructions: Written instructions given to the client, specific to the body art
procedure(s)rendered, about caring for the tattoo or body piercing and surrounding area.
These instructions will include information about when to seek medical treatment, if
necessary.
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(b) Antiseptic: A chemical that kills or inhibits the grown of organisms on skin or living
tissue.
(c) Autoclave: An apparatus that is registered and listed with the federal food and drug
administration for sterilizing articles by using superheated stem under pressure.
(d) Bloodborne Pathogens: Pathogenic microorganisms that are present in human blood and
can cause disease in humans. These pathogens include, but are not limited to,hepatitis B
virus (HBV), hepatitis C (HCV), and HIV.
(e) Body Pierce: To puncture, perforate, or penetrate any human body part or tissue with an
object, appliance, or instrument for the purpose of placing a foreign object in the
perforation to prevent the perforation from closing. The puncturing of the outer
perimeter or lobe of the ear shall not be included in this definition.
(g) Contaminated: The presence or reasonably anticipated presence of blood,body fluid, or
other potentially infectious materials, as defined in 29 Code of Federal Regulations, Part
1910.1030 (latest edition), known as" Occupational Exposure to Bloodborne Pathogens"
in or on the surface of an item or person.
(h) Contaminated Waste: Any contaminated material used in tattooing,body piercing, or
permanent cosmetics that is to be disposed of.
! (i) Department/Officer: That person or office designated by order of the City Council of the
City of Huntington Beach or by contract approved by the said Council as the person or
office having responsibility for the enforcement of the provisions of this article. This
also includes any Orange County Health Officer.
(j) Disinfectant: A chemical that is capable of destroying disease-causing organisms on
inanimate objects, with the exception of bacterial spores.
(k) Establishment: Any place whether public or private,temporary or permanent, in nature
or location,where tattooing,body piercing, or application of permanent cosmetics is
performed.
(1) Equipment: All machinery, including fixtures, containers, vessels,tools, devices,
implements, furniture, display and storage areas, sinks, and all other apparatus and
appurtenances used in connection with the operation of a tattoo, body piercing, or
permanent cosmetic establishment.
(m) Minor: Any person under the age of 18 years.
(n) Operator: Any person, whether the proprietor or another person, administering a tattoo,
body piercing, or permanent cosmetic to any customer of the establishment.
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(o) Proprietor: The person having general control and management over the conduct of the
business at a tattoo,body piercing, or permanent cosmetic establishment, whether or not
such person is the legal owner of the premises or the business.
(p) Practitioner/Operator: A person registered with the Orange County Health Officer and
approved by the Chief of Police who performs tattooing, body piercing, and/or permanent
cosmetics on another person at that persons request.
(q) Premises: An establishment, its contents, and the contiguous land or property and its
facilities and contents that are under the control of the proprietor that may impact the
establishment personnel, facilities, or operation.
(r) Tattoo: Any method of placing ink or other pigment into or under the skin or mucosa by
the aid of needles or any other instrument used to puncture the skin,resulting in
permanent coloration of the skin or mucosa. This term includes all forms of cosmetic
tattooing and permanent cosmetics or permanent makeup.
(s) Workstation: Any area that is set up to perform tattooing, body piercing, or permanent
cosmetics. A workstation can be a separate room or an area that can be screened to
insure privacy when performing nipple, genital, or other discretionary area tattooing or
body piercing. All workstations will comply with sanitation rules and guidelines set forth
in this code.
8.72.020 Locational Criteria No person or practitioner may tattoo or body pierce another person
unless such tattooing or body piercing is done at a licensed establishment that meets the
requirements of this chapter. Such establishment must be located in an area approved for such
purpose per the City of Huntington Beach Zoning and Subdivision Ordinance.
8.72.030 License Required All owners of a tattoo and/or body piercing establishment, or those
establishments providing tattoo and/or body piercing,must obtain a business license from the
City of Huntington Beach. All independent contractors, or any person providing any service
relating to tattoo and/or body piercing who is not an employee must obtain a business license
from the City of Huntington Beach.
8.72.040 Record Retention
(a) Records shall be kept of all tattoos and body piercing. The records shall be kept on the
premises of the establishment where administered. These records shall be available for
inspection for a period of three (3) years after the date of the procedure. The records
shall include;
(1) The date and time of the procedure.
(2) Record of information from the patron's picture identification showing the name, date
of birth, gender, address of patron, and Driver's License or Identification Card
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number. US Passports must be accompanied with a second valid form of
identification.
(3) The location of any tattoo,permanent cosmetic, or body piercing.
(4) The name and registration number of the practitioner.
(5) A copy of the signed client information and consent form to perform the tattoo or
body piercing.
8.72.050 Health and SanitarRequirements
Practitioner Requirements
(a) The practitioner shall be free of communicable disease that may be transmitted by the
practitioner of tattooing or body piercing. The practitioner shall submit to City on an
annual basis a certificate from a medical doctor, stating that the applicant has, within 30
days immediately preceding the date of exam,been examined and found to be free of any
contagious or communicable diseases, such as Hepatitis B, Hepatitis C, Tuberculosis, and
Infectious Mononucleosis.
(b) Practitioners with open sores,rashes, lesions, boils or skin infections shall not engage in
the practice of tattooing or body piercing.
(c) No practitioner shall work while under the influence of alcohol or any other mind-
altering drug, prescription or non-prescription.
(d) No practitioner shall smoke, eat, or drink at the workstation during or between
procedures.
(e) The practitioner shall wash his or her hands and forearms thoroughly with soap and hot
water before any skin preparation or procedure. The hands shall be dried with single-
service towels. Single-service disposable rubber gloves shall be worn throughout the
entire procedure.
8.72.060 Operator
(a) No Operator shall;
1. Allow practitioners with open sores,rashes, lesions,boils or contagious skin
infections to engage in the practice of tattooing or body piercing.
2. Allow any practitioner to work while that practitioner is under the influence of
alcohol or any mind-altering drug.
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3. Allow any practitioner to use tobacco products, eat or drink while performing an
actual procedure.
(b) The Operator shall;
1. Allow access to the officer for the City of Huntington Beach or a designee of the
Orange County Health Care Agency to enter the tattooing or body piercing
establishment at any time during normal business hours in order to ensure that the
provisions of this ordinance are being met. The officer may enter, inspect, issue
notices of violations, copy records, impound, seize and secure any samples,
photographs, or other evidence from any establishment.
2. Require each practitioner working at the establishment to be registered with the
Orange County Health Care Agency.
3. Maintain a list of registered practitioners that work at or have worked at the
establishment for a review by the officer during inspections. This includes all
employees and independent contractors.
8.72.070 Establishment The Operator shall be responsible for and ensure the following;
(a) The entire premises of the establishment and all facilities used in connection therewith
shall be maintained in a clean and sanitary condition and in good repair.
(b) The establishment shall be equipped with potable hot and cold running water under
pressure as well as toilets and hand sinks that are connected to water and sewage disposal
systems. Hand sinks shall be supplied with cleansing compound and single-service
towels. At least one (1) additional hand sink shall be located within the immediate are of
the workstation. In addition to adequate hand sinks,the establishment shall have a
separate janitorial sink available for use by the establishment.
(c) The establishment, including the immediate workstation area where tattooing and body
piercing is performed, shall be adequately lighted and ventilated.
(d) Floors,walls, and ceilings in the immediate workstation area shall have smooth,
nonporous,nonabsorbent and washable surfaces, and shall be maintained in a clean
condition. Concrete blocks or other--masonry used in wall construction shall be covered
or made smooth and sealed for a nonporous washable surface. Carpeting is prohibited.
(e) Approved waste containers with nonabsorbent, durable plastic liners, shall be used for all
tissues, towels, gauze pads and other similar items used on the patron. Bio-hazardous
waste shall be disposed of in an acceptable manner. Needles and razors shall be disposed
of in a SHARPS container.
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(f) Smoking or consumption of food shall not be allowed in the immediate workstation area
where the procedure is being performed. No alcoholic beverages will be consumed in
workstation are of the establishment at any time.
(g) No animals, except guide dogs for visual or hearing-impaired persons, shall be permitted
in the establishment.
(h) The establishment shall be equipped with a telephone for use in case of need for
emergency services.
(i) No establishment shall be used as a sleeping room or dormitory.
8.72.080 Equipment and Supplies- General
(a) All establishments shall be equipped with an autoclave, or similar device approved for
use in sterilizing instruments to be used on humans, and which is in good working order
and which is manufactured with temperature and pressure gauges marked and visible on
the outside of the unit. Sterilization tape, or similar indicator, shall be used with each
batch autoclave or dry sterilizer to monitor functioning of the sterilization unit.
(b) All instruments used on any patron shall be sterilized.
(c) All instruments shall be thoroughly cleaned before being sterilized. This may be done
with an ultrasonic cleaner or with a probe, needle or brush able to enter the smallest
opening of the instrument. The cleaning of the instruments shall be done with detergent
and hot water.
(d) Equipment or instruments requiring sterilization may be wrapped with an approved paper
or plastic or placed in glass or plastic tubes. All such packages of containers shall be
marked with temperature recording tape or labels and dated with the date of sterilization.
(e) All surfaces and equipment, including,but not limited to, chairs, workstations, counters,
recliners, dispensers, shall be made of smooth, nonabsorbent,nonporous material that can
withstand repeated disinfection.
(f) Engineering and work practice controls shall be utilized to eliminate or minimize
exposure to blood and body fluids. _Extraordinary care must be taken to avoid accidental
wounds from sharp instruments contaminated with blood or body fluids and to avoid
contact with open skin lesions. Needles shall not be broken,bent or recapped,unless the
needle is equipped with a factory installed, medically approved, recapping device.
(g) All establishments shall have clean or single-use disposable, laundered towels,
washcloths and disposable paper towels in sufficient quantity.
(h) A clean or,single-use disposable towel and washcloth shall be used for each customer.
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(i) Clean towels and washcloths shall be stored in a closed, dust-proof container.
(j) Soiled towels and washcloths shall be disposed of or stored in an approved covered
container.
(k) Any material or supply which has made contact with the blood or body fluids of any
person, or by an instrument which has had such contact, shall be deemed contaminated
and must be disposed of unless it may be sterilized and reused under the specific
provisions of this ordinance.
(1) A disinfectant shall be used after cleaning to disinfect any surface contaminated with
blood or body fluids.
(m) All facilities shall have a waiting area that is separated from the workstation area.
(n) A public restroom shall be available to patrons during business hours.
(o) The workstation area and patron chair/table shall be wiped down with a disinfectant using
a single-use paper towel before and after serving each patron.
(p) Wall mounted hand washing cleanser and wall mounted single-use towel dispensers shall
be provided and filled at all hand washing sinks.
8.72.090 Patrons
(a) Inquiry shall be made and no tattooing or body piercing shall be performed on an
individual who is suspected of having jaundice or hepatitis or who recovered from
jaundice or hepatitis within the preceding six (6) months.
(b) Tattooing or body piercing shall not be.performed on an individual in an area with an
evident skin infection or other skin disease or condition, including, but not limited to,
rashes,pimples, boils, infections, open lesions, or sunburn which shows any evidence of
unhealthful conditions without medical clearance.
(c) Tattooing or body piercing shall not be performed on any patron who appears to be
impaired by or under the influence of alcohol or any mind-altering drug.
8.72.100 Skin Preparation The following aseptic techniques shall be utilized in the practice of
tattooing and body piercing.
(a) Practitioners shall wash their hands thoroughly with hot water and soap before gloving,
prior to each patron. Hands shall be dried with individual paper towels. Practitioners
shall wear single-use gloves during the procedure and shall discard the gloves at the end
of the procedure.
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(b) If the patron's skin is to be shaved,the skin shall be washed with a cleansing, medicated
soap before shaving. A safety razor shall be used. A new blade shall be used for each
customer. The blade shall be discarded in a SHARPS container after each use. If
reusable blade holders are used, they shall be autoclaved between uses on different
patrons.
(c) The skin area to be tattooed or pierced shall be prepared by thoroughly washing the area
with seventy percent(70%) isopropyl alcohol. The solution shall be applied with cotton
or gauze or sprayed on.
(d) Single-use gauze pads, cloths and towels shall be used in the skin cleaning and
preparation process. Such materials shall be discarded after use. -
(e) All patrons that have received a tattoo or body piercing, or portion of a tattoo or body
piercing, shall be provided with printed aftercare instructions regarding care during the
healing process of any tattoo or body piercing done at such establishment.
8.72.110 Tattoo
(a) It shall be unlawful for any person to tattoo a person under the age of 18 years,regardless
of parental consent.
(b) Before administering a tattoo, the patron must be advised in writing of the consent form
in regards to the following:
(1) That the tattoo should be considered permanent,
(2) That there is potential for adverse healing such as keloid formation, and
hypertrophic scarring,
(3) That it can only be removed with a surgical procedure, and
(4) That any effective removal may leave scarring.
(c) One copy of the consent form will be retained by the establishment for three(3)years and
a copy of the consent form will be given to the patron.
(d) Any dye or ink in which needles were dipped shall not be used on another persona Ink
cups shall be for single patron use.
(e) Needles shall be used on only one (1)patron and then properly discarded.
(f) Needles may be reused during the same session on the same person by rinsing them
under running tap water, followed by rinsing them in seventy percent(70%) isopropyl
alcohol.
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Ord. No. 3625
(g) No stencil may be re-used unless it has been disinfected/sanitized.
h Plastic stencils shall be thoroughly cleaned after each use and sanitized b immersion for
O g Y Y
ten(10)minutes in a chlorine disinfectant solution prepared by mixing one(1)tablespoon
of household bleach containing five percent(5%) chlorine with one (1)pint of water. A
fresh solution of chlorine must be prepared for each stencil. After sanitizing,the stencils
shall be rinsed in running tap water and air-dried or blotted dry with a clean, single-use
towel. Prior to use, each pre-cleaned stencil shall be rinsed in a seventy percent(70%)
isopropyl alcohol solution.
(i) Paper stencils shall only be used once. New paper stencils shall be used for every
individual.
(j) All inks,pigments, dyes and instruments used in the practice of tattooing shall be
maintained in a condition to prevent contamination.
(k) All inks,pigments, and dyes shall be obtained from sources recognized as safe.
Information indicating the sources of all ink and pigments shall be available to the
Officer or County Health Department upon request.
(1) Only inks,pigments and dyes shall be used and shall be dispensed from bottles and
containers.
(m) Immediately before applying a tattoo,the dye to be used for the tattoo shall be squeezed
from the dye bottles into disposable cups. Upon the completion of the tattoo,the cups
and unused dye shall be discarded. Any dye in which the needles were dipped shall not
be used on another person.
(n) Petroleum jelly, or other applying agent, used for applying stencils shall be dispensed
from a single-use disposable container or with a tongue blade or applicator stick,which
shall be discarded after each use.
(o) After completing work on any patron,the tattooed area shall be washed with seventy
percent(70%) isopropyl alcohol. A dry, gauze or plastic wrap dressing shall be used to
cover the tattooed area. Pierced areas shall be treated to ensure the prevention of
infection.
8.72.120 Body Pierce
(a) It shall be unlawful for any person to body pierce an individual under the age of 18 years
unless such body piercing is performed in the presence of, or as directed by a notarized
writing by,the minor's parent or legal guardian. The minor shall present valid
identification and the parent or legal guardian shall present a valid photo identification to
the practitioner prior to any body piercing.
(b) Nipple and genital piercing is prohibited on minors regardless of parental consent.
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Ord. No. 3625
8.72.130 Interpretation In their interpretation and application,the provisions of this ordinance
shall be held to a minimum requirement and shall be liberally construed in favor of the City of
Huntington Beach, and shall not be deemed a limitation or repeal of any other power granted by
the City of Huntington Beach Municipal Code.
8.72.140 Severability If any section, sentence,clause or phrase of this section is for any reason
held to be invalid or unconstitutional by a decision of any court, such decision shall not affect the
validity of the remaining portions of this ordinance.
8.72.150 Enforcement
(a) The Officer shall have the authority,under the Huntington Beach Municipal Code,to
inspect any establishment under the provisions of this ordinance for the purpose of
determining compliance with any of the terms of this ordinance.
(b) Access. The Officer for the City of Huntington Beach or a designee of the Orange
County Health Care Agency shall be permitted to enter the tattooing or body piercing
establishment at any time, during normal business hours, in order to ensure that the
provisions of this ordinance are being met. The Officer may enter, inspect, issue notices
of violations, copy records, impound, seize and secure any samples,photographs, or other
evidence from any licensed or unlicensed establishment.
8.72.160 Violations Violations of this ordinance are an immediate and present danger to the
public health and welfare. Unlicensed or unsanitary operation of a tattoo or body piercing o
P
business shall be deemed to cause irreparable harm. Violations of this ordinance may be
enjoined, without prejudice to seek forfeiture for the violations involved.
8.72.170 Penalties Each of the following acts or omissions of the ordinance shall constitute a
misdemeanor.
(a) Any performance of a tattooing or body piercing operation by an Operator in violation of
any requirement of prohibition imposed in this article.
(b) Any failure by a proprietor to maintain a tattooing or body piercing establishment in
conformity with the requirements of this article. For purposes of this subparagraph(b),
each day upon which such a failure-to conform occurs shall constitute a separate
violation.
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Ord. No. 3625
SECTION 3. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 15th day of December , 2003.
Ma
ATTEST:
APPROVED AS TO FORM:
City Cleric `
ity Attorne , '�'
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City A inistrator Police Chief
t 1-1-7 -o�
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Ord. No. 3625
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing ordinance was read to said City Council at
a regular meeting thereof held on the lst day of December, 2003, and was again read to
said City Council at a regular meeting thereof held on the 15th day of December,2003,
and was passed and adopted by the affirmative vote of at least a majority of all the
members of said City Council.
AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook, Houchen
NOES: None
ABSENT: None
ABSTAIN: None
I,Connie Brockway,CITY CLERK of the City of
Huntington Beach and ex-officio Clerk of the City
Council,do hereby certify that a synopsis of this
ordinance has been published in the Huntington Beach
Fountain Valley Independent on December 25,2003.
In accordance with the City Charter of said City f
Connie Brockway, City Clerk City Clerk and ex-officio 6erk
Deputy city clerk of the City Council of the City
of Huntington Beach, California