Ord 40-2006 5/23/2006 , . � � .
ORDINANCE NO. 40-2006
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, AMENDING IN ITS ENTIRETY CHAPTER 26 ARTICLE
IX TATTOOING OF THE WICHITA FALLS CODE OF ORDINANCES;
FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS
ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS
REQUIRED BY LAW.
WHEREAS, the Health District recommends a comprehensive revision of the
existing ordinance regulating tattoo establishments to better address certain health and
safety issues for the community; and
WHEREAS, the City Council for the City of Wichita Falls desires to adopt a Body
Art ordinance that is in the best interest of all citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
City Ordinance
Article IX Body Art
Sec. 26-801 General Provisions
(a) Purpose- 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 including but not limited to tattooing and body piercing.
These rules shall be interpreted and applied to protect the public health.
Rules of the State Board of Health Adopted.
(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, 161--171 and Regulations, V.T.C.A., Health and Safety
Code §§ 146.007--146.011.
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:
. . � .
Antiseptic- means an agent that kills disease-causing microorganisms on human skin or
mucosa.
Body Art- means the practice of physical body adornment by permitted establishments
and operators utilizing, but not limited to, the following techniques: body piercing,
tattooing, and cosmetic tattooing. This definition 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 the practices of body art,
whether or not for profit, are performed.
Body Piercing- means any method of piercing the skin or mucosa, except an ear lobe, in
order to place any object including, but not limited to, rings, studs, bars or other forms of
appropriate jewelry through the skin or mucosa.
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 micro-pigment implantation.
Department-means the Wichita Falls-Wichita County Public Health District or it's
authorized representatives having jurisdiction to promulgate, monitor, administer and
enforce these regulations.
Disinfection- means the killing of microorganisms, which cause disease on inanimate
objects or surFaces.
Equipment- means 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 body art establishment.
Hand sink- means a lavatory equipped with hot and cold running water under pressure
and 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 Used for Body Art- means hand pieces, needles, needle bars, and other
instruments that may come in contact with a client's body fluid during body art
procedures.
Invasive- means entry into the body, either by incision or insertion, of an instrument into
or through the skin or mucosa, or by any other means intended to compromise the skin
or mucosa.
Operator- means any person who controls, operates, manages, conducts, or practices
body art activities at a body art establishment and who is responsible for compliance
with these regulations whether the person actually performs body art activities or not.
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.
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 surface that comes in contact with the client's unclothed
body during a body art procedure or any associated work area, which may require
sanitizing.
Sanitize/Sanitation- means the procedure by which one treats the surfaces of
equipment using a product registered with the United States Environmental Protection
Agency and which has been approved by the Department as being effective in reducing
the number of micro-organisms to a safe level.
Sharps- means any sterilized object that is used for the purpose of penetrating the skin
or mucosa including, but not limited to, needles, scalpel blades, and razor blades.
Sharp Container- means a puncture-resistant, leak-proof container that can be closed
for handling, storage, transportation, and disposal and is labeled with the international
'biohazard' symbol.
Single Use- means products or items that are intended for one-time, one person use
and are disposed of after use on each client 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.
Sterilization- means destruction of all forms of microbiotic life, including spores.
Tattooing- means any method of placing ink or other pigment into or under the skin or
mucosa by the aid of needles or any other instruments used to puncture the skin,
resulting in permanent coloration of the skin or mucosa. This includes all forms of
cosmetic tattooing.
Under Direct Supervision of a Physician- means a person employed by and working in
the office or clinic of a physician, or at a site approved by the Department, where the
treatment being perFormed is ordered by a physician,
Sec 26-803 Body Art Operator Requirements and Professional Standards
(a) The following information shall be kept on file on the premises of a body art
establishment and available for inspection by the Department for a minimum of
three (3) years:
(1) Operators-The names of each operator/ technician in the establishment and
their exact duties, including the following information:
A Full name
B Date of Birth
C Gender
D Home address
E Home/Work Phone Numbers
F Identification Photo
(2) Establishment- The name of the establishment, including the following
information:
A Hours of Operation
B Owner's name and address
(3) Procedures- a complete description of all body art procedures performed.
(4) Inventories- a full inventory including names of manufacturers and serial or lot
numbers, if available or applicable for the following items:
A Instruments
B Body jewelry
C Sharps
D Inks used for body art procedures
E A copy of these regulations
(b) Permits shall be prominently displayed in the body art establishment and shall
not be defaced or altered in any manner.
(c) 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.
(d) The operator must be a minimum of eighteen years of age.
(e) Smoking, eating, or drinking is prohibited in the area where body art is
performed.
(fl It shall be unlawful to perform a body art procedure on any person who is under
the influence of alcohol or drugs.
(g) 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
hands in hot running water with liquid antimicrobial soap, and then rinse hands
and dry with disposable paper towels. This shall be done as often as necessary
to remove contaminants.
(h) In perForming body art procedures, the operator shall wear disposable medical
gloves. The gloves shall be discarded, at a minimum, after the completion of
each procedure on an individual client.
(i) If, while perForming a body art procedure the operator's glove is pierced, torn, or
otherwise contaminated, the procedures in (g) and (h) shall be repeated
immediately. The contaminated gloves shall be immediately discarded and the
hands washed thoroughly (see (g) above) 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. Contaminated waste, as defined in this Code, 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 which shall
be marked with the International biohazard symbol. It shall then be disposed of
by a waste hauler approved by the Department.
Q) Sharps ready for disposal shall be disposed of in approved sharps containers.
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.
(k) The skin of the operator shall be free of rash, infection, or any other visible
pathological condition. No person or operator 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 in which there is a likelihood of contaminating the body art
establishment, supplies, or working surFaces with pathogenic organisms.
(I) Proof shall be provided upon request of the Department that all operators have
either completed or were offered and declined in writing, the Hepatitis B
vaccination series; that antibody testing has revealed that the employee is
immune to Hepatitis B; or that the vaccine is contraindicated for medical reasons.
Contraindication requires a dated and signed physician's statement specifying
the name of the employee, and it must state that the vaccine cannot be given.
Sect. 26-804 Exemptions
(a) Physicians licensed by the State of Texas and their employees, who utilize body
art procedures as part of patient treatment, are exempt from these regulations.
(b) Individuals who pierce only ear lobes are exempt from these regulations when it
is demonstrated that equipment, supplies or jewelry that come into contact with
the customer's ear lobe are sterile, and that the operators' hands that come into
contact with equipment, jewelry or the clients' skin surface are clean and
disposable medical examination type gloves are used. Individuals who use ear-
piercing guns must conform to the manufacturer's directions on use and
applicable U. S. Food and Drug Administration requirements.
Sect. 26-805 Public Notification Requirements
(a) Verbal and written public educational information, approved by the Department,
shall be required to be given to all clients wanting to receive body art procedure(s).
The operator upon completion of the procedure shall provide verbal and written
instructions, approved by the Department for the care of the body art procedure
site, to each client. The written instructions shall advise the client to consult a
physician at the first sign of infection and contain the name, address and phone
number of the establishment. These documents shall be signed and dated by
both parties, with a copy given to the client and the operator retaining the original
with all other required records. In addition, 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 local/state Department having jurisdiction over this program and the
procedure for filing a complaint. The Disclosure Statement and the Notice for
Filing a Compliant shall be included in the establishment Application Packet.
Sect. 26-806 Client Records
(a) Prior to performing body art on a client, the operator shall obtain a verbal or
written statement to determine whether the client falls within one or more of the
following risk group categories (to protect confidentiality, the client must not be
asked to specify the risk group):
(1) History of jaundice or hepatitis;
(2) History of AIDS, positive HIV Test;
(3) History of skin disease or skin cancer at the site of service;
(4) History of allergies or anaphylactic reaction to pigments, dyes or other
sensitivities;
(5) Taking medications such as anticoagulants, which thin the blood (interfere
with blood clotting);
(6) History of hemophilia.
(7) 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.
(b) The client shall sign a written statement, also signed by the operator, that the
above statements are true and complete to the client's best knowledge and
ability.
(c) Each operator shall keep records of all body art procedures administered;
including:
(1) The name, address, and home telephone number of the client;
(2) Client's age, date of birth and type of identification provided to the
establishment;
(3) The date the procedure was perFormed;
(4) Name of operator who performed the procedure(s);
(5) The location on the body where the procedure was performed;
(6) Signature of client.
(d) If the client is a minor, the parent, managing conservator or guardian must be
physically present; the parent, managing conservator or guardian must execute
an affidavit stating that the person is the parent or guardian of the individual on
whom the tattooing is being performed; and provide written and notarized
consent by the individual's parent, managing conservator or guardian which shall
contain:
(1) The full name, address, and telephone number of the client;
(2) The full name address, and telephone number of the parent, managing
conservator or guardian;
(3) The location on the body that may have a procedure applied; and
(4) The signature of the minor and the parent, managing conservator, or
guardian.
(e) Nothing in this section shall be construed to require the operator to perform a
body art procedure upon a client.
Sect. 26-807 Records Retention
(a) The body art establishment shall keep a record of all persons who have had body
art procedures perFormed. Client records shall be confidential. The person
receiving a body art procedure must present at the time of tattooing or body
piercing a valid, government issued, positive identification card including, but not
limited to a driver's license, passport, or military identification; a copy of the
provided identification shall be attached to the application. The identification
must contain a photograph of the individual and a printed date of birth. For
tattooing procedures the record shall include, the specific color(s) applied, and,
when available, the manufacturer or catalogue identification number of each
color used. Such records shall be retained for a minimum of two (2) most recent
years on site and up to five (5) years made available to the Department upon
request.
Sect. 26-808 Preparation and Care of the Body Art Area
(a) Before perForming a body art procedure, the skin of 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, depending on the type of
body art to be performed. If shaving is necessary, disposable razors or safety
razors with single service blades shall be utilized and then discarded after each
use and the reusable holder shall be autoclaved after 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.
(b) The skin of the person receiving a body art procedure 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, 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.
(c) 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.
(d) Written and verbal instructions regarding the proper care of the body art shall be
provided to each client following each body art procedure.
Sect. 26-809 Sanitation and Sterilization �
(a) 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
an approved disinfectant, to remove blood and tissue residue, and placed in an
ultrasonic unit which will be operated in accordance with manufacturer's
instructions, and a copy of the manufacturer's recommended procedures for
operation of the unit must be available for inspection by an the Department.
(b) 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 thirty (30) days.
Sterile equipment may not be used after the expiration date without repackaging
and resterilizing.
(c) All non-disposable instruments used for body art shall be sterilized in an
autoclave or 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 available for inspection by the Department.
(d) Each holder of a permit to operate a body art establishment shall demonstrate
that the sterilizer used is capable of attaining sterilization by monthly spore
destruction tests. These tests shall be verified through an independent laboratory
at minimum once per year. The permit shall not be issued or renewed until the
Department receives documentation of the sterilizer's ability to destroy spores.
These test records shall be retained by the operator for a period of three (3) years
and made available to the Department upon request.
(e) After sterilization, the instrument used for tattooing/body piercing shall be stored in
a dry, clean cabinet or other tightly covered sanitizable container reserved for the
storage of such instruments.
(fl All instruments used for tattooing/body piercing 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.
(g) All inks, dyes, pigments and sharps shall be specifically manufactured for
performing body art procedures and shall not be adulterated. 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.
Sect. 26-810 Requirements for Single Use Items
(a) All sharps shall be single use or sterilized prior to use and stored in paper peel-
packs. Single use pre-sterilized items shall expire in accordance with the
manufacturer's expiration date. Storage criteria is the same as section 26-
809(b).
(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.
Sect. 26-811 Requirements for Premises
(a) Body art establishments applying for a permit after promulgation of these rules
shall submit a scale drawing and floor plan of the proposed establishment for a
plan review by the Department, as part of the Permit Application process.
(b) All walls, floors, ceilings, and procedure surFaces of a body art establishment
shall be smooth, non absorbent, free of open holes or cracks, light-colored,
washable, and in good repair.
(c) Walls, floors, and ceilings shall be maintained in a clean condition. All procedure
surfaces, including client chairs/benches, shall be of such construction as to be
easily cleaned and sanitized after each client.
(d) Effective measures shall be taken by the body art operator to protect the
entrance into the establishment in order to prevent the breeding or presence on
the premises of insects, vermin and rodents. Insects, vermin, and rodents shall
not be present in any part of the establishment, its appurtenances, or
appertaining premises.
(e) Insects, rodents, and other pests shall be controlled as specified in subparagraph
(d) of this paragraph 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 permit holder.
(fl The presence of insects, rodents, and other pests shall be controlled by:
(1) Routinely inspecting incoming shipments of food and 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,
eliminating harborage conditions.
(g) Removing dead or trapped birds, insects, rodents, and other pests. 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.
(h) Storing maintenance tools. 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-
service and single-use articles; and
(2) Stored in an orderly manner that facilitates cleaning of the area used for
storing the maintenance tools.
(i) Maintaining premises, unnecessary items and litter.
The premises shall be free of items that are unnecessary to the operation or
maintenance of the establishment such as equipment that is nonfunctional or no
longer used; and litter.
(j) No animals of any kind shall be allowed in a body art establishment except
service animals used by persons with limitations, patrol dogs accompanying
police or security officers in offices and sales, and storage areas, and sentry
dogs running loose in outside fenced areas; Fish aquariums, shall be allowed in
waiting rooms and nonprocedural areas
(k) There shall be a minimum of seventy-five (75) square feet of floor space for each
operator in the establishment. Each establishment shall have an area, which
may be screened from public view for clients requesting privacy. At a minimum,
multiple body art stations shall be separated by dividers, curtains or partitions.
Separate rooms for different body art procedures (i.e. tattooing and piercing), is
required.
(I) The establishment shall be well-ventilated and equipped with an artificial light
source equivalent to at least twenty (20) foot candles, measured three (3) 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.
(m) 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 other such activity, which may cause potential contamination of work surfaces.
(n) Except as specified in (o) and (p) of this section, 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 are activated for security alarm when opened
need not be self-closing.
(o) (n) of this section does not apply 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.
(p) Except as specified in subparagraphs (o) and (q) of this paragraph, 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, or a temporary body art establishment is not provided with windows
and solid doors as specified under (n) of this section, the openings shall be
protected against the entry of insects and rodents by:
(1) 16 mesh to 25.4 millimeters (16 mesh to 1 inch) screens;
(2) Properly designed and installed air curtains; or other effective means.
(q) (p) of this section does not apply if flying insects and other pests are absent due
to the location of the establishment or other limiting condition.
(r) Exterior walls and roofs, protective barrier. Perimeter walls and roofs of a body
art establishment shall effectively protect the establishment from the weather and
the entry of insects, rodents, and other animals.
(s) A separate, readily accessible, hand sink with continuous hot and cold running
water, under pressure, preferably equipped with wrist or foot operated controls
and supplied with liquid antimicrobial soap, and disposable paper towels shall be
readily accessible within the body art establishment. One hand sink shall serve
no more than one operator. In addition, there shall be a minimum of one
lavatory, excluding any service sinks, and one toilet in a body art establishment.
(t) At least one covered waste receptacle and one sharps receptacle shall be
provided in each operator area and one covered waste receptacle in each toilet
room. Receptacles in the operator area shall be emptied daily and solid waste
shall be removed from the premises at least finrice weekly. All refuse containers
shall be lidded and kept clean and all bio-hazard items shall be appropriately
marked.
(u) All instruments and supplies shall be stored in clean, dry, and covered
containers.
(v) 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 utensils, and single-service and single-
use articles. Reusable cloth items shall be mechanically washed with detergent
and dried. The cloth items shall be stored in a dry, clean environment until used.
Sect. 26-812 Establishment Permit
(a) No person, firm, partnership, joint venture, association, business trust,
corporation, or any organized group of persons may operate a body art
establishment unless it has received a body art establishment permit from the
Department.
(b) Any entity operating a body art establishment shall obtain a permit from the
Department annually.
(c) A permit shall expire one year from the issuance of the permit.
(d) A permit for a body art establishment shall not be transferable from one place or
person to another.
(e) A current body art establishment permit shall be posted in a prominent and
conspicuous area where clients may readily observe it.
(fl The holder of a body art establishment permit shall only hire operators who have
complied with the operator permit requirements of this article.
Sect. 26-813 Operator License
(a) The City Clerk shall refer the application for the license required under this
division to the director of the city-county health district, who 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 or has been guilty of negligence or misconduct therein to such extent
that the health or safety of persons serviced by him/her would be endangered,
the director shall refuse to approve the license. No person shall practice body art
procedures without first obtaining a license from the city clerk.
(b) The City Clerk shall, upon approval of the director of the Department, 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, which need not repeat the information given in the original
application unless the facts have changed, 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 in accordance with Section 26-815.
(d) Application for operator permits 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 or experience
(9) Proof of attendance at a Bloodborne Pathogen training program (or
equivalent), given or approved by the Department
. �
(e) The appiicant shall demonstrate knowledge of the following subjects:
(1) Anatomy
(2) Skin diseases, disorders, and conditions (including Diabetes);
(3) Infectious disease control including waste disposal, hand-washing
techniques, and sterilization equipment operation methods. Also be able
to explain sanitization, disinfection, sterilization methods and techniques.
(4) Facility safety and sanitation knowledge of the above subjects may also
be demonstrated through submission of documentation of attendance and
or 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 operators permit. Examples of courses approved
by the Department include Preventing Disease Transmission (American
Red Cross) and Bloodborne Pathogen Training (TJS OSHA).
Training/courses provided by professional body art
organizations/associations or by equipment manufacturers may also be
submitted for consideration.
(fl No operator license shall be issued unless, following reasonable investigation by
the Department, the body art operator has demonstrated compliance with the
provisions of this Section and all other provisions of this Code.
(g) All operator licenses shall be conditioned upon continued compliance with the
provisions of this Section as well as all applicable provisions of this Code.
(h) All operator licenses shall be posted in a prominent and conspicuous area where
clients may readily observe it.
Sect. 26-814 Prohibitions
(a) It shall be unlawful for any person to place any Tattoo upon a person under the
age of eighteen (18) years or perform any body art procedure upon a person
under the age of sixteen (16) years without the presence, consent, and proper
identification of a parent, legal custodial parent or legal guardian unless under
the direct supervision of a physician consent or ordered by a court of law.
Nothing in this section is intended to require an operator to perform any body art
procedure on a person under 18 years of age with parental or guardian.
(b) It shall be unlawful to perform body art on a person who, in the opinion of the
operator is intoxicated and appears to be 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 and
approvals from the Department.
. . �
(d) It shall be unlawfui to obtain or attempt to obtain any body art establishment or
operator permit by means of fraud, misrepresentation, or concealment.
(e) It shatl be unlawful to perform upon a person branding and scarification or
practices that are considered medical procedures by a state medical board,
including but not limited to implants under the skin.
(fl Temporary body art establishments, events, and mobile units are not allowed.
(g) Temporary body art demonstrations are not allowed
Sect. 26-815 Suspension or Revocation of Permits
(a) Permits and licenses issued under the provisions of this Code may be
suspended temporarily by the Department for failure of the holder to comply with
the requirements of this Code.
(b) Whenever a permit or license holder or operator has failed to comply with any
notice issued under the provisions of these Regulations, he must be notified in
writing that the permit or license is, upon service of this notice, immediately
suspended. The notice must also contain a statement informing the permit or
license 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 ten (10) days.
(c) Any person whose permit or license has been suspended may, at any time,
make application for reinstatement of the permit or license. Within ten (10) days
following receipt of a written request, including a statement signed by the
applicant that in his opinion the conditions causing the suspension have been
corrected, the Department shall reinspect the body art establishment or evaluate
documentation provided by an operator. If the applicant is complying with the
provisions of this Code, the permit or license will be reinstated.
(d) For serious or repeated violations of any of the requirements of this chapter 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 five (5) days
following service of the notice unless a request for a hearing is filed with the
Department by the permit or license holder within five (5) days of notice.
(fl A notice as required in this subdivision is properly served when it is delivered to
the holder of the permit or license or the person in charge 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 regulatory authority.
(g) The hearings provided for in this section will be conducted by the Director of the
Wichita Falls-Wichita County Public Health District 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 or
operator.
(h) Other licensing authorities will be notified by the Department of the revocation of
any permit.
Sect. 26-816 Fees
(a) The applicant for an establishment permit shall pay an annual permit fee of
$600.00 due on the anniversary from the date of issuance unless revoked sooner
by the Department. The permit is not transferable from one location to another.
(b) 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 The fee for such permits shall be $500 initially
and $100.00 annually thereafter.
(c) The fees for such permits and licenses shall be for a permit issued for a period of
one year. All permits will expire one year from the issuance date specified on the
permit as determined by the Department. Permits must be acquired by all body
art establishments by July 31,2006.
Sect. 26-817 Enforcement
(a) It shall be a class C misdemeanor punishable by a fine not to exceed $2000 for
any violation or for any failure to perForm any duty required by the Wichita Falls
Body Art Ordinance.
(b) A representative of the Department shall give a proper identification to make an
inspection. Such an inspection will be conducted as often as necessary during
the establishments' normal working hours or by appointment at non-working
hours throughout the year to ensure compliance with this Code.
(c) It is unlawful for any person to interfere with the Department or its agents in the
performance of its duties.
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(d) A copy of the inspection report must be furnished to the permit holder or operator
of the body art establishment, with the Department retaining possession of the
original.
(e) If, after investigation, the Department should find that a permittee or operator is in
violation of this Code, he may, in the alternative, advise the permittee or
operator, in writing, of his findings and instruct him to take specific steps to
correct such violations within a reasonable period of time not to exceed thirty (30)
days.
(fl If the Department has reasonable cause to suspect that a communicable disease
may be being transmitted by an operator, use of unapproved or malfunctioning
equipment, or unsanitary or unsafe conditions and which is adversely impacting
the health of the public, the department upon written notice to the owner or
operator, is authorized to take any or all of the following actions:
(1) Issue an order restricting any or all operators from the body art establishment
and performing any body art procedure until the Department determines there is
no further risk to public health.
(2). Issue an order to immediately suspend the permit of the licensed
establishment until the Department determines there is no further risk to the
public health. Such an order shall state the cause for the action.
SECTION 2. It is hereby officially found and determined that the meeting at
which this ordinance was passed was open to the public as required by law.
PASSED AND APPROVED this the 23 day of May 2006.
C�
MAYOR
ATTEST:
�
i Clerk
Affidavit of Publication
THE STATE OF TEXAS #154593
ORDINANCE NO. COiJNTY OF WICHITA
asoea
ORDINANCE OF THE
CITY COUNCIL OF
TA TEXAS On this ll day of June 2006 A D...
AMENDING IN ITS
ENTIRETY CHAPTER personally appeared before me, the undersigned authority
26 ARTICLE IX TAT-
TOOI NG oF THE Kathy Salan, Sales Assistant for the Times Publishing
WICHITA FALLS
C 0 D E D F o R o �- Company of Wichita Falls, publishers of the Wichita Falls
NANCES
Times/Record News, a newspaper published at Wichita Falls in
Wichita County, Texas, and upon being duly sworn by me, on
oath states that the attached advertisement is a true and
correct copy of advertising published in One (1) issues hereof
on the following date:
June 11, 2006
�
Sales Assistant for Times Publish ng Company of Wichita Falls
Subscribed and sworn to before me this the day and year first above written:
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