Ord 23-2025 Amending Chapter 26 Business Regulations, Article IX Body Art in its entirety-redline 06/03/2025 Ordinance No. 23-2025
Ordinance taking action on Chapter 26 - Business Regulations, Article
IX — Body Art; amending in its entirety; and providing for codification
WHEREAS, the Health District is the Regulatory Authority for the City of Wichita
Falls; and,
WHEREAS, the Health District recommends revision of the existing Body Art
Ordinance to promote and protect the health and safety of all citizens; and,
WHEREAS, the City Council of the City of Wichita Falls desires to adopt an
ordinance that promotes and protects the health and safety of all citizens in the
community.
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 of the Code of
Ordinances of the City of Wichita Falls is hereby amended in its entirety to read
as follows:
DIVISION 1. - GENERALLY
Sec. 26 801. General provisions.
Sec. 26 802. Definitions.
Sec. 26 803. Exemptions.
Sec. 26 80'I. 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 81'I. 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.
(c) No person may cause, suffer, or allow the operation, management, or maintenance
of a tattoo and certain body piercing studio and temporary location without a license
issued in accordance with these sections.
(d) All tattoo and certain body piercing studios and temporary locations shall comply
with the minimum standards specified in these sections in addition to the existing
standards contained in the Tattoo and Certain Body Piercing Studio Act and the
Health and Safety Code, Chapter 431, the Texas Food, Drug, and Cosmetic Act,
relating to drugs, devices, and cosmetics, including adulteration and misbranding.
(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:
with the sponsor providing for his training in accordance with this article.
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
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;�,,,II��,, contaminated items that would release blood or other potentially
iT'fecct-aus--m-aterials in a ligi iid or s i ligi iid state if compressed; items that are caked
these materials during handling; contaminated sharps and pathological and
defined in 29 Code of Cenral D lati,ons Dart 1910 1 3-0 known as c,ipational
a rrca--n-rzv��vrr crurrTe�TTu rr.»--aTr�� , rrar
Exposure to Blood borne Pathogens "
Cosmetic tattooing means the practice of depositing pigment into the epidermis,
utilizing needles which-is either permanent, semi permanent, or temporary by someone
permanent cosmetics, dermagraphy, micro-pigmentation, permanent color technology
and micro pigment implantation.
Department mean the Wichita Fads Wichita County Public Health—District or its
cnforcc thcsc regulations.
Director of Health means the director of the Wichita Falls-Wichita County Public
Health District or his their authorized representative.
Health District means the Wichita Falls-Wichita County Public Health District or its
authorized representatives having jurisdiction to promulgate, monitor, administer, and
enforce these regulations.
Disinfcction m ans the killing of dis asc causing microorganisms on inanimate
objects or surfaces.
Equipment means all machinery including fixtures, containers, vessels, tools,
devices, implements, faun;iture,di-s-p�a-y and stor e-areas, Finks and all other apparati is
and sink mearn-ss—a--lavatoryeg P with hot and cold r,inning wateru'nder
pressure, used solely for washing hands, arms or other portions of the body.
Hof-buccr m eans-wat r, which s ats-a--cunatant__t emppersture_ofr at4e str- 00°_F—
and
sufficient in capacity to meet the peak water demands of the body art establishment.
Instruments means ha+-d--p+eee, eed-les, needle bars, hemostats fcreeps, pliers,
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
from any other licensing requirements that may exist.
Permittee means a person who holds a permit issued under this article.
other non governmental legal entity including but not limited to a corporation, partnership,
limiter♦ liability company association trl ist or 1 inincorporated organization
any part of the client unclothed body.
Environmental Protection Agency which has been approved by the department as being
cffcctivc in rcducing thc numbcr of microorganisms to a safe level.
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 labcicd with the
International Biohazard Symbol.
Single use means articics intcndcd for onc timc, onc person use and which arc to be
discarded after such use incll iding bl it nn�-mited- cotton swabs or balls t ssues or
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paper
products, paper or plastic cups, gauze and sanitary coverings, razors, piercing
,n-reedle� 6t el bcrblade��tencils s, - otecti a i-1 �
Sponsor means a licensed body art operator who is approved to conduct
apprcnticcship 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
cquipmcnt. The tcrm also means thc indcliblc mark or figurc itself, and includes the
application of permanent cosmetics.
physician.
(Ord. No. 11 2012, § 1, 3 6 2012)
Sec. 26-8033. — Exemptions.
This article does not apply to:
1) (1) A medical facility licensed under other law or procedures performed in that
facility;
2) (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) ('I) A facility in which only ear piercing is performed.
(Ord. No. 11 2012, § 1, 3 6 2012)
Sec. 26-804. — Establishment permit.
(a) No person may operate a body art establishment unless they have received a body
art establishment permit from the State.
(b) State permits shall be prominently displayed in the body art establishment and shall
not be defaced or altered in any manner.
(c) The holder of a State body art establishment permit shall only permit the
performance of body art in the establishment by operators who have complied with
the bloodborne pathogen training requirements.
(d) The holder of a State body art establishment permit shall only permit the
performance of body art in the establishment by operators who hold a current, valid
operator's license from the Health District
Sec. 26 804. Public notification requirements.
(a) Every operator shall give all verbal and written public educational information
(b) Upon completion of a body arse ire the—opar-ator shall provide rbal and
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
e%��„e f�- y per it h er sh l o + ir, r ew the mC, add-rcc,,
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, govcrnmcnt iscucd, positive identification card including, but not limited to a
d-iver's license, passport, or military identification. A copy of the provided
photograph of the individual and a printed date of birth.
ctatcmcnt a- to whcthcr thc clicnt falls within one or more of the following risk group
catcgories:
(1) The client has a history of jaundicc or hcpatitis;
(2) The client has a history of AIDS, or has had a positive HIV test;
(3) The clicnt has a history of skin disease or skin cancer at the proposed site of the
body art;
('I) The client has a history of allergies, anaphylactic reaction to pigments or dyes, or
other sensitivities;
(5) The client is taking mcdications which intcrfcrc with blood clotting, such at-,
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.
information provided regarding risk group categories and known mcdical conditions
and-14story is truc and complctc to thc clic'nt's best knowledge and ability.
(1) llama address and telephone ni amber 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;
(1I) 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 parcnt, manag+gg-cep
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
and must providc written and notarized consent by the individu'al's parent, managing
conservator or guardian which shall contain:
/t he fi ill name dress d telephone ni imbue cli4121-
�
(2) The full name address, and telephone number of the parent, managing
conservator or guardian;
(3)T e area o y and specific body art—p-r-Gry i ire for which conseept is
granted; and
('I) 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.
(era � o llowing informer n shall bee k pt on file on pry i€es of a body art
cot lishm nt for a minima im of ee yeas n hal Teadily 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;
c. Hom}cand work phonc numbers;
,f. Identificati nn photo;rand
g. Duties.
e ne T establishment, th hoi irs of opeeratien d propriet'or's namc
and address. h
(3\ commplle cript dy art pros i iresp
�4'ts' files and fo-r' a tattoo_proc+ i ire sn applied and when
r� , ova-rPTvv , ccr,-«rraw�Tcrr
availablc, thc manufacturer or catalogue identification number of each color.
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 thc cmploycc has complctcd thc Hcpatitis B vaccination scrics;
h 0 statement that�the ployee was offerer! and declined in writ g the
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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-.ign-cd--phy. +'an's statcmcnt specifying that the Hepatitis B
�}i,. n se 1 s s contraindicate J in a par iee for medical
t1i.YlT.7l:'rl'�O�O�viTCT'QITTQT6CrtC.c�--�7'�--Q�7ur' GT �C.Ti TVTT�ccr7'GQi
reasons.
(b) Client records shall be confidential.
(Ord. No. 11 2012, § 1, 3 6 2012)
Sec. 26 807. Prepara i --oft e b Tt area.
b Tt prron� i ire is to be placed sh ill be wac h wit T ap, ifr
appropriate the client shall be provided iodine with w r-tea„e t 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
h de allll she au laved—after each i ice Following shyuL, kin aannd
be discari-ed after a single i ice
condition, no body art procedure may be performed. No person affected with boils,
infected wounds, open sores, abrasions, exudative lesions, acute respiratory
that there is not a likelihood of disease contagion.
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 clothcs whcn performing body art proccdurcs.
Before performing body art procedures, the operator must thoroughly wash his hands
in hot running water with liq iid antimicrobial soap and then rinse hands and dr„ with
disposable pape--tewe . Th;s shall also be done as often as necessary to remove
contaminants.
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 hod„ art proced e, t eperat'or'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 fch-is contaminated during the procedure shall be removed and
replaced immediately with new ones before the procedure resumes.
(d) Shafts ready for disposal shall be disposed of in approved sharps containers.
(e) Contaminated waste which may release liquid blood or body fluids when compressed
o yre� -� blond or hod y fl lids hen dl m, st be planed in an
approved rcd bag markcd with the international biohazard symbol. It shall then be
disposed of by a waste ha,filer 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 cxcccd thc period spccificd by thc
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.
ultrasonic unit which will be operated in accordance with manufactur'cr's instructions.
A copy of the manufactur'er's recommended procedures for operation of the unit must
be readily available for inspection on the premises by employees and by the
department.
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
,
cleaned, annd maintai-n- ording tom actur'cr's instruction. A copy of the
manufactur'er's recommended procedures for the operation of their sterilization unit
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 steriliz'er's abilit„ to destroy
,! ^f ^^ " rs .tend made availabl^ department , pen
A�e�t9f" e�cr-cr c��ear� �t� �crcParcrri crrr-a-�vrr
request.
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 usc tcchniqucs to cnsurc that the instruments and gloves are not contaminated.
(n) All inks, dyes, pigments and shams shall be specifically manufactured for performing
transferred from the dye bottle and placed into sterile, single use paper cups or plastic
caps I Ipon complc' n of the tattoo, thes -e.. n,ips or cans and +heir 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.
individual responsible for cleaning and sterilizing equipment, with an expiration date
without repackaging and resterilizing.
(b) Singlc usc itcm:-shall not be used ^n more than one client for an y r ^n /�f+^r , se
all singlc usc nccdlcs, 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
discarded.
(Ord. No. 11 2012, § 1, 3 6 2012)
Sec. 26-810. - Requirements for body art establishment premises.
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 bs^ ent ree-ef
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.
into the establishment to prevent the breeding or presence on the premises of insects,
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 pcsts
are found, such as trapping devices or other means of pest control; and
eliminating harboragc conditions.
(d) Dead or trapped birds, insects, rodents, and other pests shall be removed from
decomposition, or the attraction of pests.
(e) Maintenance tools such as brooms, mops, vacuum cleaners, and similar items shall
(1) Stored so they do not contaminatc cquipmcnt, utcnsils, lincns, and singlc use
articles; an4
(2) Stored in an orderly manner that facilitates cleaning of the area used for storing
the maintenance tools.
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
( ) Fish in aq sari,ims in waiting rooms and nonproced iral areas
(h) There shall be a minimum of 75 square feet of floor space for each operator in the
view for clients requesting privacy.
(i) The establishment shall be well vcntilatcd and cquippcd with an artificial light source
equivalent to at I st 20 foot candlcs, m sured 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 i where nstr iments and sharps are assembled
,
any othcr such activity which may cause potential contamination of work surfaces.
insects and rodents by:
(1) Filling or closing holes and othcr gaps along floors, walls and ccilings;
(2) Closed tight fitting winr♦ows; and
(3) Solid self closing, tight fitting doors, except that doors designed for emergency
t only and which activate a sec irity alarm who ppen Te o e self_
closing.
rodents as per subsection (k), this shall be deemed to comply with subsection (k).
which a body art es lishmentis located, are Lent open for yen n or o r
rrrcrr �vcuc , arc�ccP-r-v}�c-ri--rcrvcrr rr-vry �
protected against the entry of insects and rodents by:
(1) Sixteen mesh to 25/1 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
acccssiblc within thc body art establishment for each operator. In addition, there shall
establishment.
(p) At least one covered waste receptacle and one sharps receptacle shall be provided
shall be rcmovcd from thc prcmiscs at I st twicc weekly. All refuse containers shall
be lidded and kept clean and all bio hazard items shall be appropriately marked.
(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
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
cctablichmcnt permit from the department.
(b) A permit shall expire one year from the issuance of the permit. Any person operating
(c) Any person applying for a body art establishment permit shall submit a scale drawing
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.
person to another.
(e) Permits shall be prominently displayed in the body art establishment and shall not be
defaced or altered in any manner
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)
(a) Sec. 26 812. Operator license.Sec. 26-805. Operator License.
(a) It shall be unlawful for a person to practice body art procedures without first
obtaining an operator's license from the Health District. The available licenses are
as follows:
1) Tattoo Operator
2) Body Piercing Operator
3) Micropigmentation Operator
(b) Prior to the issuance of an operator's license, applicants must:
1) Submit an application,
2) Provide a valid certificate of training from an approved bloodborne
pathogen training program,
3) Provide proof of completed Hepatitis B vaccination series, a statement
that the operator declines the Hepatitis B vaccination series, a statement
that antibody testing has revealed that the employee is immune to
Hepatitis B, or a signed physician's statement specifying that the Hepatitis
B vaccination series is contraindicated for medical reasons.
4) Pass an exam approved or given by the Health District. Applicants who
have prior licensure from another jurisdiction may request reciprocity from
the Director of Health.
(c) Operators' licenses shall be valid from the date of issuance and shall expire
annually at the anniversary of the date of issuance unless revoked sooner by the
Health District.
Sec. 26-806. - Temporary performance of body art.
(a) The Health District 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 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 or permitted temporary body art establishment;
4) The temporary body art license shall be good for a period of no longer than
14 days; and
5) The Director of Health 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 Health
District. Nothing in this section shall be construed as requiring the Director of Health
to issue a temporary body art license.
(c) Any person making application for a temporary body art license shall
provide any and all such information as the Health District may deem necessary to
assist in the determination of whether the issuance of the license is appropriate.
(a) It shall be unlawful for a person to practice body art procedures without first obtaining
a liccnsc from the dircctor. The director shall determine by investigation whether the
arr nt is er r �r torec a icense If �direc - shall find tat
" h' rr crr.�rr arr �ri-a-n--rTr-rc�
applicant is not sufficicntly skillcd 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.
year from the date of approval. The license may be renewed from year to year upon
the filing of a renewal application an'd ,anon payment of a renewal fee
,
(c) The operator license shall be valid from the date of issuance and shall automatically
by the department.
(d) An application e-r an operator ense shall incl,lde:
(1) Name;
(2) Date of birth;
(3) Sex:
('I) 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 pat -hogen training program g e -r
approved by the department.
,
disorders and conditions shall be demonstrated through submission of
documentation of completion of courses or successful completion of an examination
?� o_of opera - cenc T�depar ent will main n a lict of co ir€es
approved for this purpose. Training provided by professional hod„ 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
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.
clients may readily observe it.
(Ord. No. 11 2012, § 1, 3 6 2012)
Sec. 26-813. - Apprenticeship program.
license shall contain:
(1) Name;
(2) Date of birth;
(3) Sex:
('I) Residence;
(5) Mailing address:
(6) Home phone number;
(7) Droof of attenr♦cndanc� thogen training program given oor
approved by the department;
(8) An apprenticeship agreement, , by both t#e—s-p-an-se,—and—thc T
applying to be an apprentice; and
(9) Droof of the c etion of any other ro rem s the director shall deem
"`" h' Tr GTIT .-T.Tr �l1'RTr-GTCGTIT
necessary prior to allowing the person to become an apprentice.
unless it contains: I, rrh }�, sp(1))--Thce n-name,operator licenc or d an place of ��e�---tof the oonscT
(2) All locations where the apprentice will participate in training;
(3)Th a n of apprenticeshi , to bo �n rioerrod orat leas ne year
(1I) Whether the apprcnticc will be paid during thc apprenticeship, and whcthcr the
apprentice will be an employee or an independent contractor•
applicable state and local laws regarding body art.
(c) No body art operator shall sponsor more than two apprentices at any given time.
have the client sign a written statement demonstrating thc client's awareness that the
body art procedure will be performed by an apprentice.
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 circumstanccs:
(1) The director has determined that the applicant for a temporary body art license
has been qualified ba— -another ction to dorm hod„ .art anndta y
requirements to be so qualified by that jurisdiction arc commcnsuratc with those
fora body art operator licence under thin 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
ea Iichimeencnt wrhrere the c rin ccenn J bod i art opeera �j ceeTn
employed;
('1) The temporary body ar —cense shall be good fora period of no longer than 1'l
days; and
temporary bod y aTnl•i4 nse will perform body art conform to the reg,iirementc of
this article and state law.
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.
all such information as the director may deem necessary to assist him in
determination whether the issuance of the license is appropriate.
(Ord. No. 11 2012, § 1, 3 6 2012)
Sec. 26 815. Additional prohibitions.
a parcnt, managing conservator or guardian. Nothing in this section is intended to
agc 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
pare♦--t l entexce 'th \/ T C /� H�Tth am--and Saaffet '`
1 it 6 12 as amender)
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 ssary permits, licenses and
approvals from the department.
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) Temporary body art establishments, events, and mobile units are not allowed.
procedures are performed in a body art establishment with a current permit.
(Ord. No. 11 2012, § 1, 3 6 2012)
Sec. 26 6� spension 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.
requirements of this article, he must be notified in writing that the permit or license is
request for a hearing is filer! with the department within ton days
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
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 reinstated.
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 thl ii emus for filing a q u reest fo rtearin ��Tt o ccen�Ta be
sf lon er! for ca se p nding its r`o7`^iocation or a hearing relative theretg
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(e) The department may permanently revoke a permit or license after ten days following
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 tihelQer-of the pe r licer T
copy of the notice shall be filed in the records of the department.
and placc dcsignatcd by the dcpartment. 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. 26-8071-7. - Enforcement.
(a) Complaint investigations may 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.
(b) (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.
(c) If any person is found guilty of having violated any provision of this chapter, any
license held by such person may be suspended or revoked as provided in this
chapter.
(d), It is unlawful for any person to interfere with the department or its agents in the
performance 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
-0f this article, h-e ma as a ternative to se er,�,e-n-e,Tevocat nT, ;se
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.
(e) If, during the course of a complaint investigation, the operation of the body art
establishment constitutes an imminent hazard to public health, the Health District
may offer the owner or manager of the body art establishment the choice to
voluntarily close. Voluntary closure must last until the imminent hazard has been
resolved, and a facility may not reopen until cleared by the Health District.
If the director has reason to suspect that a communicable disease may be
unsanitary or unsafe conditions, the director upon written notice to the licensee or
permitee s-au rizet or all of the following ant �s
the director determines there is no further risk to public health.
(f) License Suspension
1) The Health District may, without warning, notice, or hearing, suspend any
body art operator license if the operator constitutes an imminent hazard to
public health. Suspension is effective upon service of the written notice
required by this subdivision. The Health District may end the suspension at
any time if the reason for suspension no longer exists.
2) Whenever a license is suspended, the licensee shall be notified in writing
that the license is, upon service of the notice, immediately suspended. An
opportunity for a hearing will be provided if the licensee files a written
request with the Director of Health within ten days of receipt of written notice
of suspension. Whenever a license is suspended and a request for a
hearing is made, the licensee shall be afforded a hearing within ten days of
the receipt by the regulatory authority of a request for a hearing. If no written
request for a hearing is filed within ten days, the suspension is sustained.
The Health District may end the suspension at any time if reasons for
suspension no longer exist.
(g) License Revocation
1) The Health District may, after providing an opportunity for a hearing, revoke
a body art operator's license for serious or repeated violations of any of the
requirements of this ordinance or for interference with the Health District in
the performance of its duties. Prior to revocation, the Health District shall
notify the licensee, in writing, of the reason for which the license is subject
to revocation. The license shall be revoked at the end of ten days following
service of such notice unless the licensee files a written request for a
hearing with the Director of Health within such ten-day period. If no request
for a hearing is filed within the ten-day period, the revocation of the license
becomes final.
2) A license holder is not eligible to reapply for an operator's license for 60
days following the revocation of a license.
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.
(h) 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)
Sec. 26-808. — Service of Notice; Conduct of Hearings
(a) A notice as required in this ordinance is properly served when it is delivered to the
operator or when it is sent by registered or certified mail, return receipt requested,
to the last known address of the operator.
(b) A copy of the notice shall be filed in the records of the Health District. The Health
District shall conduct the hearings provided for in this ordinance at a time and
place designated by the Director of Health. Based upon the recorded evidence of
such hearing, the Director of Health shall make final findings and shall sustain,
modify, or rescind any notice or order considered in the hearing. The Health
District shall furnish a written report of the hearing decision to the holder of the
license.
Secs. 26-8091` —26-839. - Reserved.
2. This ordinance modifying Chapter 26, Article IX, including enforcement sections,
shall go into effect on July 07, 2025.
PASSED AND APPROVED this the 3rd day of June, 2025.
MAYOR
ATTEST:
lq� , LC
City Clerk