Ord 50-2017 12/5/2017
Ordinance No. _50-2017_
Ordinance amending Chapter 26 Business Regulations , Article IX
Body Art, Sec. 26-802 Definitions, Sec. 26-814 Temporary
performance of body art, and Sec. 26-815 Additional prohibitions;
providing a penalty of up to $2,000 per viola tion, and providing for
codification
WHEREAS, the Health District recommends a revision of th e existing ordinance
to allow for temporary events; and,
WHEREAS, the City Council for the City of Wichita Falls desires to allow
temporary body art events.
NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
1. Chapter 26 Business Regulations Article IX Body Art Sec 26 of the Code of
Ordinances of the City of Wichita Falls is hereby amended to read as follows:
DIVISION 1. - GENERALLY
Sec. 26-801. - General provisions.
Sec. 26-802. - Definitions.
Sec. 26-803. - Exemptions.
Sec. 26-804. - Public notification requirements.
Sec. 26-805. - Client information and records.
Sec. 26-806. - Records retention.
Sec. 26-807. - Preparation and care of the body art area.
Sec. 26-808. - Sanitation and sterilization.
Sec. 26-809. - Requirements for single use items.
Sec. 26-810. - Requirements for body art establishment premises.
Sec. 26-811. - Establishment permit.
Sec. 26-812. - Operator license.
Sec. 26-813. - Apprenticeship program.
Sec. 26-814. - Temporary performance of body art.
Sec. 26-815. - Additional prohibitions.
Sec. 26-816. - Suspension or revocation of permits.
Sec. 26-817. - Enforcement.
Secs. 26-818—26-839. - Reserved.
Sec. 26-801. - General provisions.
(a) The purpose of these rules is to protect the health of the public by establishing standards for the
prevention of disease that may be associated with body art procedures. These rules shall be
interpreted and applied to protect the public health.
(b) The city adopts by reference the provisions of the current rules or the rules as amended by the
State Board of Health found in 25 Texas Administrative Code, §§ 229.401—229.413.
(Ord. No. 11-2012, § 1, 3-6-2012)
Sec. 26-802. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning:
Apprentice means a person who is engaged in learning and working in the profession of body art
under the direct supervision of a sponsor, and who has a written agreement with the sponsor providing
for his training in accordance with this article.
Apprenticeship agreement means a written agreement between a sponsor and an apprentice
outlining the terms of the apprenticeship.
Body art means the practice of physical body adornment including but not limited to body piercing,
tattooing, and cosmetic tattooing. Body art does not include branding and scarification or practices that
are considered medical procedures by a state medical board, such as implants under the skin.
Body art establishment means any place or premise where body art, whether or not for profit, is
performed.
Body piercing means the creation of an opening in an individual's body, other than in an individual's
earlobe, to insert jewelry or another decoration.
Client means a person who receives a body art procedure on some part of his own body.
Contaminated means not sterile or no longer sterile.
Contaminated waste means any liquid or semi-liquid blood or other potentially infectious materials;
contaminated items that would release blood or other potentially infectious materials in a liquid or semi -
liquid 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 materials, as defined in 29 Code
of Federal Regulations Part 1910.1030, known as "Occupational Exposure to Bloodborne Pathogens."
Cosmetic tattooing means the practice of depositing pigment into the epidermis, utilizing needles,
which is either permanent, semi-permanent, or temporary by someone other than a state licensed
physician. Cosmetic tattooing shall also mean the same as permanent cosmetics, dermagraphy, micro-
pigmentation, permanent color technology and m icro-pigment implantation.
Department means the Wichita Falls-Wichita County Public Health District or its authorized
representatives having jurisdiction to promulgate, monitor, administer and enforce these regulations.
Director means the director of the Wichita Falls-Wichita County Public Health District or his
authorized representative.
Disinfection means the killing of disease-causing microorganisms on inanimate objects or surfaces.
Equipment means all machinery including fixtures, containers, vessel s, tools, devices, implements,
furniture, display and storage areas, sinks, and all other apparatus and appurtenances used in
connection with the operation of a body art establishment.
Hand sink means a lavatory equipped with hot and cold running water under pressure, used solely
for washing hands, arms or other portions of the body.
Hot water means water, which is at a constant temperature of at least 100° F and sufficient in
capacity to meet the peak water demands of the body art establishment.
Instruments means 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 body art
procedures.
Licensee means a person who holds a license issued under this article.
Operator means any person who controls, operates, manages, conducts, performs or practices body
art activities.
Permit means written approval by the department to operate a body art establishment. Approval is
given in accordance with these regulations and is separate from any other licensing requirements that
may exist.
Permittee means a person who holds a permit issued under this article.
Person means a natural person, any form of business or social organization and any other non-
governmental legal entity including but not limited to a corporation, partnership, limited liability company,
association, trust, or unincorporated organization.
Procedure surface means any work area or any surface that comes in contact with any part of the
client's unclothed body.
Sanitize means to treat a surface using a product registered with the United States Environmental
Protection Agency which has been approved by the department as being effective in reducing the
number of microorganisms to a safe lev el.
Sharps means any object 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 means a puncture-resistant, leak-proof container that can be closed for handling,
storage, transportation, and disposal and that is labeled with the International Biohazard Symbol.
Single use means articles intended for one-time, one-person use and which are to be discarded
after such use including, but not limited to, cotton swabs or balls, tissues or paper products, paper or
plastic cups, gauze and sanitary coverings, razors, piercing needles, scalpel blades, stencils, ink cups,
and protective gloves.
Sponsor means a licensed body art operator who is approved to conduct apprenticeship training in
accordance with this article and who assumes full responsibility for any apprentices.
Sterilization means destruction of all forms of microbiotic life, including spores.
Tattoo means 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 equipment. The term also
means the indelible mark or figure itself, and includes the application of permanent cosmetics.
Temporary event means an event where 3 or more artists gather to showcase and demonstrate their
talent lasting no more than 7 consecutive days in a single building, or structure, in conjunction with a
single event.
Temporary artist means an artist that applies f or a permit to showcase and demonstrate their talent
lasting no more than 7 consecutive days in a single building, structure, in conjunction with a single
event.Under direct supervision of a physician means a person employed by and working in the office or
clinic of a physician, where the treatment being performed is ordered by a physician.
(Ord. No. 11-2012, § 1, 3-6-2012)
Sec. 26-803. - Exemptions.
(a) This article does not apply to:
(1) A medical facility licensed under other law or procedures perform ed in that facility;
(2) An office or clinic of a person licensed by the Texas State Board of Medical Examiners or
procedures performed in that office or clinic;
(3) A person who performs only ear piercing; or
(4) A facility in which only ear piercing is performed.
(Ord. No. 11-2012, § 1, 3-6-2012)
Sec. 26-804. - Public notification requirements.
(a) Every operator shall give all verbal and written public educational information approved by the
department to every client wanting to receive a body art procedure.
(b) Upon completion of a body art procedure, the operator shall provide verbal and written
instructions, as approved by the department, to each client for the care of the body art procedure
site. The written instructions shall advise the client to consult a physician at the first sign of infection
and shall contain the name, address and phone number of the establishment. These documents
shall be signed and dated by both the operator and the client. A copy shall be given to the client and
the operator shall retain the original with all other required records.
(c) All establishments shall prominently display a disclosure statement, provided by the department,
which advises the public of the risks and possible consequences of body art services. The facility
permit holder shall also post in public view the name, address and phone number of the department
and the Texas Department of Health, and the procedure for filing a complaint. The disclosure
statement and the notice for filing a complaint shall be provided in writing to each client.
(Ord. No. 11-2012, § 1, 3-6-2012)
Sec. 26-805. - Client information and records.
(a) Prior to performing body art on a client, the operator shall require the client to present a valid,
government issued, positive identif ication card including, but not limited to a driver's license,
passport, or military identification. A copy of the provided identification shall be contained in the
client file. The identification must contain a photograph of the individual and a printed date of birth.
(b) Prior to performing body art on a client, the operator shall obtain a verbal or written statement as
to whether the client falls within one or more of the following risk group categories:
(1) The client has a history of jaundice or hepatitis;
(2) The client has a history of AIDS, or has had a positive HIV test;
(3) The client has a history of skin disease or skin cancer at the proposed site of the body art;
(4) The client has a history of allergies, anaphylactic reaction to pigments or dyes, or other
sensitivities;
(5) The client is taking medications which interfere with blood clotting, such as anticoagulants, which
thin the blood; or
(6) The client has a history of hemophilia.
(c) The operator shall then ask client to disclose verbally or in writing any other known medical
condition or history that could influence or impair the healing process.
(d) The client shall sign a written statement, also signed by the operator, that the information
provided regarding risk group categories and known medical conditions and history is true and
complete to the client's best knowledge and ability.
(e) Each operator shall keep a record of each body art procedure performed to include:
(1) Name, address, and telephone number of the client;
(2) Client's age, date of birth and copy of identification provided to the establishment;
(3) The date the procedure was performed;
(4) Name of operator who performed the procedure;
(5) The area of the body where the procedure was performed;
(6) The signature of client.
(f) If the client is a minor, the parent, managing conservator or guardian must be physically present
during any body art procedure. The parent, managing conservator or guardian must execute an
affidavit stating that the person is the parent, managing conservator or guardian of the individual on
whom the body art is being performed; and must provide written and notarized consent by the
individual's parent, managing conservator or guardian which shall contain:
(1) The full name, address, and telephone num ber of the client;
(2) The full name address, and telephone number of the parent, managing conservator or guardian;
(3) The area of the body and the specific body art procedure for which consent is granted; and
(4) The signature of the minor and the signature of the parent, managing conservator, or guardian.
(Ord. No. 11-2012, § 1, 3-6-2012)
Sec. 26-806. - Records retention.
(a) The following information shall be kept on file on the premises of a body art establishment for a
minimum of three years and shall be readily available for inspection by the department:
(1) The identification of each operator in the establishment, including the following information:
a. Full name;
b. Date of birth;
c. Gender;
d. Home address;
e. Home and work phone numbers;
f. Identification photo; and
g. Duties.
(2) The name of the establishment, the hours of operation, and the proprietor's name and address.
(3) A complete description of all body art procedures performed, including the clients' files and, for a
tattoo procedure, the specific color(s) applied, and, when available, the manufacturer or
catalogue identification number of each color.
(4) A full inventory (including the manufacturer and serial or lot numbers, if available or applicable)
for the following items:
a. Instruments;
b. Body jewelry;
c. Sharps; and
d. Inks used for body art procedures.
(5) A copy of these regulations.
(6) Records regarding each employee that show one of the following:
a. Proof that the employee has completed the Hepatitis B vaccination series;
b. A statement that the employee was offered and declined in writing the Hepatitis B
vaccination series;
c. A statement that antibody testing has revealed that the employee is immune to Hepatitis
B; or
d. A dated and signed physician's statement specifying that the Hepatitis B vaccination
series is contraindicated in a particular employee for medical reasons.
(b) Client records shall be confidential.
(Ord. No. 11-2012, § 1, 3-6-2012)
Sec. 26-807. - Preparation and care of the body art area.
(a) Before perf orming a body art procedure, the skin and surrounding area where the body art
procedure is to be placed shall be washed with antimicrobial soap, or if appropriate the client shall
be provided iodine with which to cleanse the area, and any washing pad shall be discarded after use
on a single client.
(b) If shaving is necessary, disposable razors or safety razors with single use blades shall be
utilized. Single use blades shall be discarded after each use and the reusable holder shall be
autoclaved after each use. Following shaving, the skin and surrounding area will be washed with
antimicrobial soap and the washing pad shall be discarded after a single use.
(c) If the skin of the client is not free of rash, infection, or any other visible pathological condi tion, no
body art procedure may be performed. No person affected with boils, infected wounds, open sores,
abrasions, exudative lesions, acute respiratory infection, nausea, vomiting, fever or diarrhea shall
receive a body art procedure until such condition is resolved or documentation is presented to the
operator to assure that there is not a likelihood of disease contagion.
(d) In the event of blood flow, all products used to check the flow of blood or to absorb blood shall be
single use and disposed of immediately after use.
(Ord. No. 11-2012, § 1, 3-6-2012)
Sec. 26-808. - Sanitation and sterilization.
(a) The operator shall maintain a high degree of personal cleanliness, conform to hygienic practices,
and wear clean clothes when performing body art procedures. Before performing body art
procedures, the operator must thoroughly wash his hands in hot running water with liquid
antimicrobial soap, and then rinse hands and dry with disposable paper towels. This shall also be
done as often as necessary to remove contaminants.
(b) In performing body art procedures, the operator shall wear disposable medical gloves. The
gloves shall be discarded after the completion of each procedure on an individual client, if not more
frequently.
(c) If, while performing a body art procedure, the operator's glove is pierced, torn, or otherwise
contaminated, the procedures in subsections (a) and (b) shall be repeated immediately. The
contaminated gloves shall be immediately discarded and the hands washed thoroughly before a
fresh pair of gloves are applied. Any item or instrument used for body art which is contaminated
during the procedure shall be removed and replaced immediately with new ones before the
procedure resumes.
(d) Sharps ready for disposal shall be disposed of in approved sharps containers.
(e) Contaminated waste which may release liquid blood or body fluids when compressed or may
release dried blood or body fluids when handled must be placed in an approved red bag marked
with the international biohazard symbol. It shall then be disposed of by a waste hauler approved by
the department.
(f) Contaminated waste which does not release liquid blood or body fluids when compressed or
does not release dried blood or body fluids when handled may be placed in a covered receptacle
and disposed of through approved disposal methods. Storage of contaminated waste on-site shall
not exceed the period specified by the department or more than a maximum of 30 days.
(g) The skin of the operator shall be free of rash, infection, or any other visible pathological
condition. No person affected with boils, infected wounds, open sores, abrasions, exudative lesions,
acute respiratory infection, nausea, vomiting, or diarrhea shall work in any area of a body art
establishment in any capacity.
(h) All non-disposable instruments used for body art shall be cleaned thoroughly after each use by
scrubbing with an antimicrobial soap solution and hot water or with an approved disinfectant to
remove blood and tissue residue, and then placed in an ultrasonic unit which will be operated in
accordance with manufacturer's instructions. A copy of the manufacturer's recommended
procedures for operation of the unit must be readily available for inspection on the premises by
employees and by the department.
(i) After cleaning, all non-disposable instruments used for body art shall be packed individually in
paper peel-packs and sterilized. All paper peel-packs shall contain either a sterilizer indicator or
internal temperature indicator. Paper peel-packs must be dated and initialed by the individual
responsible for cleaning and sterilizing equipment, with an expiration date not to exceed 30 days.
Sterile equipment may not be used after the expiration date without repackaging and resterilizing.
(j) All non-disposable instruments used for body art shall be sterilized in an autoclave or in a dry
heat sterilizer if approved by the department. 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 their sterilization unit must be readily available for inspection on the premises by
employees and by the department.
(k) A permittee shall demonstrate monthly that the sterilizer used is capable of attaining sterilization
through spore destruction tests. These tests shall be verified through an independent laboratory at
least once per year. No permit shall be issued or renewed until the department receives
documentation of the sterilizer's ability to destroy spores. Monthly test records and laboratory
verification shall be retained by the operator for a period of three years and made available to the
department upon request.
(l) After sterilization, the instrument used for body art shall be stored in a dry, clean cabinet or other
tightly covered sanitizable container reserved for the storage of such instruments.
(m) All instruments used for body art shall remain stored in sterile packages until just prior to
performing a body art procedure. When assembling instruments used for performing body art
procedures, the operator shall wear disposable medical gloves and use techniques to ensure that
the instruments and gloves are not contaminated.
(n) All inks, dyes, pigments and sharps shall be specifically manufactured for performing body art
procedures and shall not be adulterated or contaminated. Immediately before applying a tattoo, the
quantity of the dye to be used for the tattoo shall be transferred from the dye bottle and placed into
sterile, single use paper cups or plastic caps. Upon completion of the tattoo, these single cups or
caps and their contents shall be discarded.
(o) Smoking, eating, or drinking is prohibited in the area where body art is performed.
(Ord. No. 11-2012, § 1, 3-6-2012)
Sec. 26-809. - Requirements for single use items.
(a) Single use pre-sterilized items shall expire in accordance with the manufacturer's expiration
date. All paper peel-packs shall contain either a sterilizer indicator or internal temperature indicator.
Paper peel-packs must be dated and initialed by the individual responsible for cleaning and
sterilizing equipment, with an expiration date not to exceed 30 days. Sterile equipment may not be
used after the expiration date without repackaging and resterilizing.
(b) Single use items shall not be used on more than one client for any reason. After use, all single
use needles, razors, rubber bands and other sharps shall be immediately disposed of in approved
sharps containers.
(c) All body art stencils shall be single use and disposable. Petroleum jellies, soaps and other
products used in the application of stencils shall be dispensed and applied on the area to be
tattooed with sterile gauze or in a manner to prevent contamination of the original container and its
contents. The gauze shall be used only once and then discarded.
(Ord. No. 11-2012, § 1, 3-6-2012)
Sec. 26-810. - Requirements for body art establishment premises.
(a) All walls, floors, and procedure and seating surfaces of a body art establishment shall be of such
construction as to be easily cleaned and sanitized after each client. Walls, floors, and procedure and
seating surfaces shall be smooth, non-absorbent, free of open holes or cracks, light-colored,
washable, and in good repair. Walls, floors, procedure and seating surfaces and ceilings shall be
maintained in a clean condition. Procedure and seating surfaces shall be sanitized after each client.
(b) Effective measures shall be taken by the body art operator to protect the entrance into the
establishment to prevent the breeding or presence on the premises of insects, rodents, and other
pests. Insects, rodents, and other pests shall not be present in any part of the establishment.
Insects, rodents, and other pests shall be controlled to minimize their presence:
(1) Within the physical facility and its contents; and
(2) On the contiguous land or property under the control of the permitee.
(c) The presence of insects, rodents, and other pests shall be controlled by:
(1) Routinely inspecting incoming shipments of supplies;
(2) Routinely inspecting the premises for evidence of pests; using methods, if pests are found, such
as trapping devices or other means of pest control; and eliminating harborage conditions.
(d) Dead or trapped birds, insects, rodents, and other pests shall be removed from control devices
and the premises at a frequency that prevents their accumulation, decomposition, or the attraction
of pests.
(e) Maintenance tools such as brooms, mops, vacuum cleaners, and similar items shall be:
(1) Stored so they do not contaminate equipment, utensils, linens, and single-use articles; and
(2) Stored in an orderly manner that facilitates cleaning of the area used for storing the maintenance
tools.
(f) The premises shall be free of litter and items that are unnecessary to the operation or
maintenance of the establishment such as equipment that is nonfunctional or no longer used.
(g) No animals of any kind shall be allowed in a body art establishment except:
(1) Animals trained and actively used to assist persons with physical disabilities,
(2) Governmental agency police dogs accompanying police officers,
(3) Sentry dogs running loose in outside fenced areas, and
(4) Fish in aquariums in waiting rooms and nonprocedural areas.
(h) There shall be a minimum of 75 square feet of floor space for each operator in the
establishment, and body art stations shall be separated by dividers, curtains or partitions. Each
establishment shall have an area which may be screened from public view for clients requesting
privacy.
(i) The establishment shall be well-ventilated and equipped with an artificial light source equivalent
to at least 20 foot candles, measured three feet off the floor, for cleaning. At least 100 foot candles
shall be provided at the level where the body art procedure is being performed, and where
instruments and sharps are assembled.
(j) All body art establishments shall be completely separated by solid partitions or by walls
extending from floor to ceiling from hair salons, retail sale establishments, or any other such activity
which may cause potential contamination of work surfaces.
(k) Outer openings of a body art establishment shall be protected against the entry of insects and
rodents by:
(1) Filling or closing holes and other gaps along floors, walls and ceilings;
(2) Closed, tight-fitting windows; and
(3) Solid self -closing, tight-fitting doors, except that doors designed for emergency exit only and
which activate a security alarm when opened need not be self -closing.
(l) If a body art establishment opens into a larger structure, such as a mall, airport, or office
building, or into an attached structure, such as a porch, and the outer openings from the larger or
attached structure are protected against the entry of insects and rodents as per subsection (k), this
shall be deemed to comply with subsection (k).
(m) If the windows or doors of a body art establishment, or of a larger structure within which a body
art establishment is located, are kept open for ventilation or other purposes, the openings shall be
deemed to comply with subsection (k) if they are protected against the entry of insects and rodents
by:
(1) Sixteen mesh to 25.4 millimeters (16 mesh to one inch) screens; or
(2) Properly designed and installed air curtains or other effective means.
(n) The perimeter walls and roof of a body art establishment shall effectively protect the
establishment from the weather and the entry of insects, rodents, and other animals.
(o) A separate hand sink with available hot and cold running water under pressure, supplied with
liquid antimicrobial soap and disposable paper towels, shall be readily accessible within the body art
establishment for each operator. In addition, there shall be at least one lavatory, excluding any
service sinks, and one toilet in a body art establishment.
(p) At least one covered waste receptacle and one sharps receptacle shall be provided in each
operator area and one covered waste receptacle shall be provided in each toilet room. Receptacles
in the operator area shall be emptied daily and solid waste shall be removed from the premises at
least twice weekly. All refuse containers shall be lidded and kept clean and all bio-hazard items shall
be appropriately marked.
(q) All instruments and supplies shall be stored in clean, dry, and covered containers.
(r) If reusable cloth items are used, they shall be mechanically washed after each client. Soiled
cloth items shall be kept in clean, nonabsorbent receptacles or clean, washable laundry bags and
stored and transported to prevent contamination of clean equipment, clean instruments, and single-
use articles. Reusable cloth items shall be mechanically washed with detergent and dried. Clean
cloth items shall be stored in a dry, clean environment until used.
(Ord. No. 11-2012, § 1, 3-6-2012)
Sec. 26-811. - Establishment permit.
(a) No person may operate a body art establishment unless he has received a body art
establishment permit from the department.
(b) A permit shall expire one year from the issuance of the permit. Any person operating a body art
establishment shall obtain a permit from the department annually.
(c) Any person applying for a body art establishment permit shall submit a scale drawing and floor
plan of the proposed establishment for a plan review by the department as part of the original permit
application process. Permit renewals must be accompanied by such a drawing if the floor plan
changes from the plan submitted with the original application.
(d) A permit for a body art establishment shall not be transferable from one place or person to
another.
(e) Permits shall be prominently displayed in the body art establishment and shall not be defaced or
altered in any manner.
(f) The holder of a body art establishment permit shall only permit the performance of body art in
the establishment by operators who have complied with the operator license or apprenticeship
program requirements of this article.
(Ord. No. 11-2012, § 1, 3-6-2012)
Sec. 26-812. - Operator license.
(a) It shall be unlawful for a person to practice body art procedures without first obtaining a license
from the director. The director shall determine by investigation whether the applicant is a proper
person to receive a license. If the director shall find that the applicant is not sufficiently skilled in the
practice of body art, has been guilty of negligence or misconduct therein to such extent that the
health or safety of persons serviced by him would be endangered, or is not over the age of 18, the
director shall refuse to approve the license. The available licenses are:
(1) Tattoo operator;
(2) Cosmetic tattoo operator; and
(3) Body piercing operator.
(b) The director shall issue the license required under this division for a period of one year from the
date of approval. The license may be renewed from year to year upon the filing of a renewal
application, and upon payment of a renewal fee.
(c) The operator license shall be valid from the date of issuance and shall automatically expire
annually at the anniversary from the date of issuance unless revoked sooner by the department.
(d) An application for an operator license shall include:
(1) Name;
(2) Date of birth;
(3) Sex:
(4) Residence;
(5) Mailing address:
(6) Home phone number;
(7) Place(s) of employment as an operator;
(8) Training and experience; and
(9) Proof of attendance at a bloodborne pathogen training program, given or approved by the
department.
(e) Knowledge of facility safety, anatomy, infectious disease control, and skin diseases, disorders
and conditions shall be demonstrated through submission of documentation of completion of
courses or successful completion of an examination approved or given by the department with a
passing grade of 70, attained prior to issuance of the operator license. The department will maintain
a list of courses approved for this purpose. Training provided by professional body art organizations
or associations or by equipment manufacturers may also be submitted for consideration to comply
with this requirement. The director shall make the final determination as to whether an applicant's
training, coursework, or examination suitably demonstrates the required knowledge.
(f) No operator license shall be issued unless the body art operator has demonstrated compliance
with the provisions of this section and all other provisions of this article.
(g) All operator licenses shall be conditioned upon continued compliance with the provisions of this
section as well as all applicable provisions of this article.
(h) An operator license shall be posted in a prominent and conspicuous area where clients may
readily observe it.
(Ord. No. 11-2012, § 1, 3-6-2012)
Sec. 26-813. - Apprenticeship program.
(a) A person interested in learning the profession of body art may make application to the director
for a body art apprentice license. An application for a body art apprentice license shall contain:
(1) Name;
(2) Date of birth;
(3) Sex:
(4) Residence;
(5) Mailing address:
(6) Home phone number;
(7) Proof of attendance at a bloodborne pathogen training program, given or approved by the
department;
(8) An apprenticeship agreement, signed by both the sponsor and the person applying to be an
apprentice; and
(9) Proof of the completion of any other requirements the director shall deem necessary prior to
allowing the person to become an apprentice.
(b) An apprenticeship agreement shall not be sufficient for the purposes of this article unless it
contains:
(1) The name, operator license number, and place of employment of the sponsor;
(2) All locations where the apprentice will participate in training;
(3) The duration of the apprenticeship, to be for a period of at least one year;
(4) Whether the apprentice will be paid during the apprenticeship, and whether the apprentice will be
an employee or an independent contractor;
(5) A statement that both the apprentice and the sponsor agree to comply with all applicable state
and local laws regarding body art.
(c) No body art operator shall sponsor more than two apprentices at any given time.
(d) When performing body art, an apprentice will clearly identify him self to the client and the client's
parent, managing conservator or guardian if the client is a minor, and shall have the client sign a
written statement demonstrating the client's awareness that the body art procedure will be
performed by an apprentice.
(e) The director is authorized to promulgate such rules as shall be reasonable and necessary to
carry out a body art apprenticeship program.
(Ord. No. 11-2012, § 1, 3-6-2012)
Sec. 26-814. - Temporary performance of body art.
(a) The director may grant a temporary body art license to a person rather than requiring that person
to obtain a body art operator license under the following circumstances:
(1) The director has determined that the applicant for a temporary body art license has been
qualified by another jurisdiction to perform body art, and that the requirements to be so
qualified by that jurisdiction are commensurate with those for a body art operator license under
this article;
(2) The applicant for a temporary body art license is sponsored by a body art operator licensed
under this article;
(3) The applicant will be performing body art only at a permitted body art establishment where the
sponsoring licensed body art operator is presently employed; or
(4) The applicant is part of an approved temporary event.
(5) The temporary body art license shall be good for a period of no longer than 7 days; and
(6) The director is satisfied that the circumstances under which the applicant for a temporary body
art license will perform body art conform to the requirements of this article and state law.
(b) In determining whether the issuance of a temporary body art license is appropriate, the public
health and safety shall be the primary concern of the director. Nothing in this section shall be
construed as requiring the director to issue a temporary body art license.
(c) All provisions of this Article shall apply to temporary events except when listed otherwise
(d) Any person making application for a temporary body art Event shall provide any and all such
information as the director may deem necessary to assist him in determination whether the issuance
of the license is appropriate with a list of artist and their applications 30 days before the event with
fees on a form provided by the Health District so that experience of the artist can be verified.
(1) The applicant is licensed by the State of Texas
(2) The applicant shall submit a drawing of the floor plan of the event space.
(3) There shall be a minimum of 50 square feet of floor space for each operator ( 2 operators per
100 sq. ft. space) in the event, and stations shall be separated by dividers, curtains or partitions
at least 3 feet high.
(4) An approved hand wash station must be provided with-in 10 feet of every booth with no barriers
between the booth and the sink. The station must have 100°F water, soap, disposable paper
towels, trash can, enclosed fresh & waste water catch tank.
(5) There shall be an area which may be screened from public view for clients requesting privacy.
(6) There shall be at least one sharp container per booth adequate in size for needles.
(7) There shall be at least one biohazard container per booth adequate in size for hazardous waste.
(e) Any person making application for a temporary body art permit shall provide any and all such
information as the director may deem necessary to assist him in determination whether the issuance
of the permit is appropriate
(1) Any person that has been denied a license or permit previously from the WFWCPHD may
not be granted a temporary license.
2) Temporary artist permit shall last for no longer than 7 consecutive days
(3) No more than 4 temporary artist permits will be issued in a continuous 12 month period.
(4) Artist must use all pre-sterilized disposable equipment, unless the organizer provides a
decontamination/sterilization area equipped with an ultrasonic cleaner and medical grade autoclave.
(5) All artists must provide a current copy of blood borne pathogen training.
(6) Must provide a copy of aftercare instructions to clients.
(7) No reusable cloth items will be allowed.
(Ord. No. 11-2012, § 1, 3-6-2012)
Sec. 26-815. - Additional prohibitions.
(a) It shall be unlawful for any person to perform any body art procedure upon a person under the
age of 18 years without the presence, consent, and proper identification of a parent, managing
conservator or guardian. Nothing in this section is intended to require an operator to perform any
body art procedure on a person under 18 years of age even with the consent of a parent, guardian
or managing conservator. It shall be unlawful for any person to tattoo upon a person under the age
of 18 years, regardless of parental consent, except in accordance with V.T.C.A., Health and Safety
Code § 146.012 as amended.
(b) It shall be unlawful to perform body art on a person who the operator has reason to suspect is
under the influence of alcohol or drugs.
(c) It shall be unlawful to perform, own, operate, or solicit business as a body art establishment, or
operator without first obtaining all necessary permits, li censes and approvals from the department.
(d) It shall be unlawful to obtain or attempt to obtain any body art establishment permit or operator
license by means of fraud, misrepresentation, or concealment.
(e) It shall be unlawful to perform upon a person branding, scarification, or implants under the skin,
unless the procedure is considered a medical procedure by a state medical board and is performed
by a licensed physician.
(f) Mobile units are not allowed.
(g) It shall be unlawful for any person to perform body art procedures unless such procedures are
performed in a body art establishment with a current permit.
(Ord. No. 11-2012, § 1, 3-6-2012)
Sec. 26-816. - Suspension or revocation of permits.
(a) Permits and licenses issued under the provisions of this article may be suspended by the
department for failure of the holder to comply with the requirements of this article.
(b) Whenever a permit or license holder has failed to come into compliance with this article after
receipt of a notice issued informing him of his failure to comply with the requirements of this article,
he must be notified in writing that the permit or license is immediately suspended. The notice must
also contain a statement informing the permit or license holder that an opportunity for a hearing will
be provided if a written request for a hearing is filed with the department within ten days.
(c) Any person whose permit or license has been suspended may, at any time, make written request
for reinstatement of the permit or license. Such application shall include a statement signed by the
applicant that in his opinion the conditions causing the suspension have been corrected. Within ten
days following receipt of a written request, the department shall reinspect the body art establishment
or evaluate documentation provided by the permittee or licensee. If the director determines that the
applicant is complying with the provisions of this article, the permit or license will be reinst ated.
(d) For serious or repeated violations of any of the requirements of this article or for interference
with the department in the performance of its duties, the permit or license may be permanently
revoked after an opportunity for a hearing has been provided by the department. Before taking such
an action, the department shall notify the permit or license holder or operator in writing, stating the
reasons for which the permit or license is subject to revocation and advising the permit or license
holder or operator of the requirements for filing a request for a hearing. A permit or license may be
suspended for cause, pending its revocation or a hearing relative thereto.
(e) The department may permanently revoke a permit or license after ten days following service of
the notice unless a request for a hearing is filed with the department by the permit or license holder
within ten days of notice.
(f) A notice as required in this subdivision is properly served when it is delivered to the holder of the
permit or license or when it is sent by a registered or certified mail, return receipt request, to the last
known address of the holder of the permit or license. A copy of the notice shall be filed in the
records of the department.
(g) The hearings provided f or in this section will be conducted by the director at a time and place
designated by the department. Based upon the record of the hearing, the director shall make a
finding and may sustain, modify, or rescind any official notice or order considered in the hearing.
The department within 20 days will furnish a written report of the hearing decision to the permit or
license holder.
(h) Other licensing authorities will be notified by the department of the revocation of any permit or
license.
(Ord. No. 11-2012, § 1, 3-6-2012)
Sec. 26-817. - Enforcement.
(a) It shall be a class C misdemeanor punishable by a fine not to exceed $2,000.00 for any violation
of or failure to perform any duty required by this article.
(b) Inspections will be conducted as often as necessary during a body art establishment's normal
working hours or by appointment at non-working hours throughout the year to ensure compliance
with this article.
(c) It is unlawful for any person to interfere with the department or its agents in the perf ormance of
its duties.
(d) A copy of the inspection report must be furnished to the permit holder of the body art
establishment, with the department retaining possession of the original.
(e) If, after investigation, the director should find that a permittee or licensee is in violation of this
article, he may, as an alternative to suspension or revocation, advise the permittee or licensee in
writing of his findings and instruct the permittee or licensee to take specific steps to correct such
violations within a period of time not to exceed 30 days.
(f) If the director has reason to suspect that a communicable disease may be transmitted by an
operator, use of unapproved or malfunctioning equipment, or unsanitary or unsafe conditions, the
director upon written notice to the licensee or permitee, is authorized to take any or all of the
following actions:
(1) Issue an order stating the cause for the action and restricting any or all operators from the body
art establishment and from performing any body art procedure until the director determines
there is no further risk to public health.
(2) Issue an order stating the cause for the action and immediately suspending the permit of the
body art establishment until the director determines there is no further risk to the public health.
(g) Nothing in this article shall be construed to require an operator to perform any body art
procedure upon a client.
(Ord. No. 11-2012, § 1, 3-6-2012)
Secs. 26-818—26-839. - Reserved.
2. Codification
The sections of this ordinance that specify they amend or add to the Code of
Ordinances of the City of Wichita Falls are intended to be parts of said Code, and said
sections of this ordinance may be renumbered or relettered to accomplish such
intention.
PASSED AND APPROVED this the 5th day of December, 2017.
______________________________
M A Y O R
ATTEST:
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City Clerk