Ord 3154 1/4/1977 ORDINANCE NO. 3154
AN ORDINANCE PROVIDING FOR THE LICENSING OF
TATTOOERS ; PROVIDING FOR AN INITIAL LICENSE
FEE OF ONE HUNDRED DOLLARS ($100. 00) AND AN
ANNUAL RENEWAL FEE OF TWENTY-FIVE DOLLARS
($25. 00) ; PROVIDING FOR THE REVOCATION OR
SUSPENSION OF ANY TATTOOER'S LICENSE AFTER
REASONABLE NOTICE AND HEARING BY THE DIRECTOR
OF THE CITY-COUNTY HEALTH UNIT; PROVIDING
FOR CERTAIN SANITARY REGULATIONS; PROHIBIT-
ING THE TATTOOING OF DISEASED, INTOXICATED
OR DRUGGED PERSONS; PROVIDING FOR THE REPORT-
ING OF INFECTIONS OR INJURY RELATED TO TAT-
TOOING; AND, DECLARING AN EMERGENCY.
WHEREAS , the tattooing of persons involves the in-
jecting of foreign substances into the human body; and,
WHEREAS, such injections can be harmful to the health
of the persons tattooed; and,
WHEREAS, the instruments used in tattooing and the
environmental conditions of tattoo establishments are
potential health hazards; and,
WHEREAS, the Board of Aldermen desires to protect
the health and welfare of citizens of the City through
the exercise of' its police power; and,
WHEREAS, the Board of Aldermen finds that the licensing
of tattooers and the enactment of certain sanitary regu-
lations to be enforced through periodic inspection by the
Wichita Falls City-County Health Unit are reasonable methods
whereby the health and welfare of the citizens can be
protected.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN
OF THE CITY OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. Ordinance No. 2301, which was passed and
approved on February 13, 1967 and codified as Sec. 8-3 of
the Code of Ordinances is hereby repealed.
SECTION 2. Article V, "Tattooers" is hereby added
to Chapter 18 , Health and Sanitation, of the Code of
Ordinances of the City of Wichita Falls, Texas, which
shall read as follows:
"Article V. Tattooers
Sec. 18-52 . Tattooing defined.
For the purpose of this article ' tattooing' means
the practice of marking the skin with indelible patterns
or pictures by making punctures and inserting pigments.
Sec. 18-53. License-required.
No person, except the holder of a tattooer' s license
as herein provided, shall tattoo any person, or hold himself
out as engaged in the practice of tattooing.
Sec. 18-54. Same - application - filing, contents, fee.
Application for such license shall be made in writing to
the City Clerk, and shall state the name, residence and business
address of the applicant, all his previous residences and
business addresses during the five years preceding, his
experience and training in tattooing, whether any previous
tattooing license held by him has been revoked and if so,
when and where, and whether any person tattooed by him
suffered bodily injury or disease as result thereof and
if so, who, when and where. The application shall be
verified by affidavit of the applicant and be accompanied
by a fee of one hundred dollars ($100. 00) .
Sec. 18-55. Same - Same - reference to City-County
Health Unit.
The City Clerk shall refer the application to the
Director of the City-County Health Unit, who shall deter-
mine by investigation whether the applicant is a proper
person to receive a license. If the Director shall find that
the applicant is insufficiently skilled in the practice of
tattooing, or has been guilty of negligence or misconduct there-
in to such extent that the health or safety of persons tattooed
by him would be endangered, the Director shall refuse to
approve the license; otherwise, he shall approve it.
Sec. 18-56. Same - Term; renewal fee.
The City Clerk shall, upon approval of the Director
of the City-County Health Unit, issue the license for a
period of one year from the date of approval. Such 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 nenewal fee of twenty-five
dollars ($25. 00) .
Sec. 18-57. Same - Transfer.
The license shall be valid only at the location
for which issued, but may be transferred to a different
location upon written application accompanied by a transfer
fee of five dollars ($5. 00) . No license shall be transferred
to any other person.
- 2
Sec. 18-58. Same - Revocation, Suspension.
The Director of the City-County Health Unit may,
after reasonable notice and hearing, revoke or suspend
any license granted hereunder if: (1) the license holder
has been guilty of a felony or a misdemeanor involving
moral turpitude, or (2) has made any false statement
in his application or renewal application for a tattoo
license, or (3) has violated any provision of this arti-
cle or any lawful order of the Director of the City-County
Health Unit with reference to the practice of tattooing,
or (4) has failed to pay a judgment of a court of compe-
tent jurisdiction for damages arising out of such practice.
Sec. 18-59 . Same - Refund of Portion of Renewal Fee.
If an application or renewal application is denied,
the license fee deposited therewith shall be returned
to the applicant, less five dollars ($5. 00) which is
assessed as a charge for the clerical work and making
an investigation and handling such application. No part
of the license fee shall be refunded on account of revo-
cation or suspension of the license, abandonment of the
business, or any other reason.
Sec. 18-60. Sanitary Regulations.
It shall be unlawful for any person to maintain,
conduct, operate, manage, or do tattooing in any tattooing
establishment without complying with the following regula-
tions:
(1) All establishments shall be equipped with hot
and cold running water, properly installed in compliance
with applicable laws and ordinances; and the premises and
equipment shall be kept at all times in a clean and
sanitary condition.
(2) All needles and other instruments to be used
for tattooing shall be kept in a closed glass case while
not in use, or in containers filled with a sterilizing solu-
tion.
(3) Steam sterilizers or autoclaves approved by the
Director of the City-County Health Unit shall be provided and
all needles and operating instruments shall be sterilized
before use on each customer; provided, sterilizing solutions
approved by the Director may be used on instruments which
would be damaged by boiling in a sterilizer.
(4) All tattooers shall scrub their hands thoroughly
with a soap approved by the Director of the City-County
Health Unit before beginning operations and the area of
skin to be tattooed shall be thoroughly cleansed with an
antiseptic solution approved by the Director before the
skin is punctured.
(5) All operating tables shall be constructed of
stainless steel, or of other metal with while porcelain
finish, or constructed of metal with a glass top.
(6) All tattoo establishments shall be provided
with clean laundered towels in sufficient quantities
which shall be kept in closed, dust-proof containers; and
no operator shall use on any customer any towel or washcloth
- 3 -
that has not been boiled or laundered since last used.
(7) All tattooers shall wear clean washable garments
while engaged in the operation of tattooing.
(8) Tattooing shall not be done except in a separate
room, having not less than seventy-five (75) square feet
of floor space for each tattooer working therein at the
same time; and such room shall be so lighted and ventilated
as to comply with commonly accepted standards for rooms
in which minor surgical operations are performed and shall
not be used for living quarters.
(9) No person shall do any tattooing unless he is
the holder of a certificate issued by the Director of the
City-County Health Unit, showing that such a person is
free of any infectious or contagious disease. Such certi-
ficate shall be issued and shall expire or be revoked in
the same manner, as near as possible, as health certifi-
cates required for food handlers. The Director of the
City-County Health Unit may make such regulations in
respect to the issuance and use of such certificates as
may be reasonably designed to protect the health and
safety of persons on whom the tattooing is done. No licensee
hereunder shall employ any person to do tattooing unless
such employee holds such certificate.
Sec. 18-61. Tattooing Diseased, Intoxicated or Drugged
Persons.
It shall be unlawful to tattoo any person who is known
to have, or who shows recognizable signs of having any
communicable disease or any disease of the skin, or is
obviously under the influence of intoxicating liquor or
any narcotic drug.
Sec. 18-62. Reporting Infections or Injury.
The owner or operator of a tattooing establishment
shall promptly report to the Director of the City-County
Health Unit any case known to him of infection or other
bodily injury resulting from tattooing done in his estab-
lishment.
Sec. 18-63. Forms Required.
All persons being tattooed shall fill out the form
attached hereto as Exhibit A prior to having any tattoo work
done, and such form shall be kept by the tattooer for a
period of not less than three years. "
SECTION 3. Due to the fact that there is an urgent need
to enact sanitary regulations and establish licensing require-
ments for the owners or operators of tattooing establishments
and that potential risk of harm to the public health would be
incurred by any delay in enactment of these regulations, this
ordinance is hereby declared to be an emergency and shall take
effect immediately upon passage.
PASSED AND APPROVED this the 4th day of January 1977 -
ATTEST: 9AOR'7
City Clerk
- 4
"EXHIBIT A"
Tattoo Parlor Client Registration Form
The information on this form is required to be provided by Wichita
Falls Ordinance No. 3154, Sec. 18-63. This form should be filed alpha-
betically according to the client' s last name and must be kept for a
minimum of three years. The form should be filled out by the client who
desires to be tattooed. These forms shall be subject to inspection by
inspectors from the City-County Health Unit.
1. Name: .
Last First Middle
2. Date of birth:
Month/Day/Year
3. Address:
Street/City/State/Zip Code
4. Answer Yes or No whether you have had any of the following within
the last two years:
Hepatitis Yellow Jaundice Syphillis Gonorrhea
Any other serious communicable or infectious disease
5. Are you a diabetic?
6. Are you now under the influence of alcohol or any narcotic drug?
Date Signature
•
•
Affidavit of Publication
ORDINANCE NO.3154
AN ORDINANCE PROVIDING FOR THE LICENSING OF TAT- i OF TEXAS
TOOERS; PROVIDING FOR AN INITIAL LICENSE FEE OF ONE
HUNDRED.DOLLARS ($100.00) AND AN ANNUAL RENEWAL WICHITA
FEE OF TWENTY-FIVE DOLLARS ($25.00); PROVIDING FOR
THE REVOCATION OR SUSPENSION OF ANY TATTOOER'S
LICENSE AFTER REASONABLE NOTICE AND HEARING BY
THE DIRECTOR OF THE CITY-COUNTY HEALTH UNIT; PRO- 18thUu3 t
VIDING FOR CERTAIN SANITARY REGULATIONS;PROHIBIT- day of
ING THE TATTOOING OF DISEASED, INTOXICATED OR
INFECTIONS EOROINJURY PROVIDING �O THE TATTOOING; AND,. . personally appeared before me, the undersigned authority
DECLARING AN EMERGENCY.
WHEREAS,the tattooing of persons involves the injecting of foreign Roy L. Reaves
substances into the human body;and, Roy , bookkeeper
WHEREAS, such injections can be harmful to the health of the
persons tattooed;and,
THE HENVIRONME ENVIRONMENTAL CONDITIONS OF TATTOO ESTANB- es Publishing Company of Wichita Falls, publishers of the
LISHMENTS ARE POTENTIAL HEALTH HAZARDS;AND,
WHEREAS,the Board of Aldermen desires to protect the health
Is Record News, a newspaper published at Wichita Falls in
and welfare of citizens of the City through the exercise of its police
power;and,
WHEREAS,the Board of Aldermen finds that the licensing of tat- nty, Texas, and upon being duly sworn by me, on oath states
toners and the enactment of certain sanitary regulations to be en-
forced through periodic inspection by the Wichita Falls City-County' ached advertisement is a true and correct copy of advertising
Health Unit are reasonable methods whereby the health and welfare
of the citizens can be protected.
One 1
NOW,THEREFORE, BE IT ORDAINED BY THE BOARD OF issues thereof on the following
ALDERMEN OF THE CITY OF WICHITA FALLS,TEXAS,THAT:
SECTION 1.Ordinance No.2301,which was passed and approvec
on February 13,1967 and codified as Sec.8-3 of the Code of Ordinances
is hereby repealed. August 1 1977
•
SECTION 2.Article V,"Tattooers"is hereby added to Chapter 18,
Health and Sanitation,of the Code of Ordinances of the City of Wichita
Falls,Texas,which shall read as follows:
"Article V.Tattoers
Sec.18-52.Tattooing defined. ff,,
For the purpose of this article'tattooing'means the practice of Bookkeeper for Times Publishing Company
marking the skin with indelible patterns or pictures by making
punctures and inserting pigments. of Wichita Falls
Sec.18-53.License-required.
No person,except the holder of a tattooer's license as herein pro-
f vided,shall tattoo any person,or hold himself out as engaged in the
practice of tattooing. bed and sworn to before me this the day and year first above
Sec.18-54.Same—application—filing,contents,fee.
Application for such license shall be made in writing to the City •
Clerk,and shall state the name,residence and business address of the
applicant,all his previous residences and business addresses during
the five years preceding,his experience and training in tattooing, ,j,
whether any previous tattooing license held by him has been revoked
and if so,when and where,and whether any person tattooed by him i• �. Walker, Jr., Notar" 1' ;3-z0
suffered bodily injury or disease as result thereof and if so,who,when ,,0
and where. The application shall be verified by affidavit of the 1:1•11& Y+,r wliAhlta QOt3Itt: ..
applicant and be accompanied by a fee of one hundred dollars
($100.00).
Sec.18-55.Same—Same—reference to City-County Health Unit.
The City Clerk shall refer the application to the Director of the
City-County Health Unit, 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 insufficiently skilled in the
practice of tattooing,or has been guilty of negligence or misconduct
therein to such extent that the health or safety of persons tattooed by
him would be endangered,the Director shall refuse to approve the
license;otherwise,he shall approve it.
Sec.10-56.Same—Term; renewal fee.
The City Clerk shall,upon approval of the Director of the City-
County Health Unit,issue the license for a period of one year from the
date of approval.Such 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 of twenty-five dollars
($25.00).
Sec.18-57.Same—Transfer.
The license shall be valid only at the location for which issued,but
may be transferred to a different location upon written application
accompanied by a transfer fee of five dollars($5.00).No license shall
be transferred to any other person.
Sec.18-58.Same— Revocation,Suspension.
The Director of the City-County Health Unit may,after reasonable
notice and hearing,revoke or suspend any license granted hereunder
if:(1)the license holder has been guilty of a felony or a misdemeanor
involving moral turpitude,or(2)has made any false statement in his
application or renewal application for a tattoo license,or (3) has
violated any provision of this article or any lawful order of the Direc-
tor of the City-County Health Unit with reference to the practice of
tattooing,or(4)has failed to pay a judgment of a court of competent
jurisdiction for damages arising out of such practice.
Sec.18-59.Same— Refund of Portion of Renewal Fee.
If an application or renewal application is denied,the license fee
deposited therewith shall be returned to the applicant,less five dol-
lars($5.00)which is assessed as a charge for the clerical work and
making an Investigation and handling such application.No part of the
license fee shall be refunded on account of revocation or suspension of
the license,abandonment of the business,or any other reason.
Sec.18-60.Sanitary Regulations.
It shall be unlawful for any person to maintain,conduct,operate,
manage,or do tattooing in any tattooing establishment without com-
plying with the following regulations:
(1)All petahlieh.nnn.e . ... .
tattooing,or(4)has failed to pay a judgment of a court of competent
jurisdiction for damages arising out of such practice.
Sec.18-59.Same— Refund of Portion of Renewal Fee.
If an application or renewal application is denied,the license fee
deposited therewith shall be returned to the applicant,less five dol.
lars($5.00)which is assessed as a charge for the clerical work and
making an Investigation and handling such application.No part of the
license fee shall be refunded on account of revocation or suspension of
the license,abandonment of the business,or any other reason.
Sec.18-60.Sanitary Regulations.
It shall be unlawful for any person to maintain,conduct,operate,
manage,or do tattooing in any tattooing establishment without com-
plying with the following regulations:
(1)All establishments shall be equipped with hot and cold running
water, properly installed in compliance with applicable laws and
ordinances; and the premises and equipment shall be kept at all
times in a clean and sanitary condition.
(2)All needles and other instruments to be used for tatooing shall
be kept in a closed glass case while not in use,or in containers filled
with a sterilizing solution.
(3)Steam sterilizers or autoclaves approved by the Director of the
City-County Health Unit shall be provided and all needles and operat-
ing instruments shall be sterilized before use on each customer;
provided,sterilizing solutions approved by the Director may be used
on instruments which would be damaged by boiling in a sterilizer.
(4) All tattooers shall scrub their hands thoroughly with a soap
approved by the Director of the City-County Health Unit before be-
ginning operations and the area of skin to be tattooed shall be
thoroughly cleansed with an antiseptic solution approved by the Di-
rector before the skin is punctured.
(5)All operating tables shall be constructed of stainless steel,or of
other metal with white porcelain finish,or constructed of metal with
a glass top.
(6) All tattoo establishments shall be provided with clean laun-
dered towels in sufficient quantities which shall be kept in closed,
dust-proof containers;and noaoperator shall use on any customer any
towel or washcloth that has not been boiled or laundered since last
used.
(7) All tattooers shall wear clean washable garments while en-
gaged in the operation of tattooing.
(8)Tattooing shall not be done except in a separate room,having
not less than seventy-five (75) square feet of floor space for each
tattooer working therein at the same time;and such room shall be so
lighted and ventilated as to comply with commonly accepted stan-
dards for rooms in which minor surgical operations are performed
and shall not be used for living quarters.
(9) No persons shall do any tattooing unless he is the holder of a
certificate issued by the Director of the City-County Health Unit,
showing that such a person is free of any infectious or contagious
disease.Such certificate shall be issued and shall expire or be re-
voked in the same manner,as near as possible,as health certificates
required for food.handlers.The Director of the City-County Health,
Unit may make such regulations in respect to the issuance and use of
such certificates as may be reasonably designed to protect the health
and safety of persons on whom the tattooing is done. No licensee
hereunder shall employ any person to do tattooing unless such
employee holds such certificate.
Sec.18-61.Tattooing Diseased,Intoxicated or Drugged Persons.
It shall be unlawful to tattoo any person who is known to have,or
who shows recognizable signs of having any communicable disease
or any disease of the skin, or is obviously under the influence of
intoxicating liquor or any narcotic drug. -
Sec.18-62.Reporting Infections or Injury.
The owner or operator of a tattooing establishment shall promptly
report to the Director of the City-County Health Unit any case known
to him of infection or other bodily injury resulting from tattooing done
in his establishment.
Sec.18-63. Forms Required.
All persons being tattooed shall fill out the form attached hereto as
Exhibit A prior to having any tattoo work done,and such form shall
be kept by the tattooer for a period of not less than three years."
SECTION 3. Due to the fact that there is an urgent need to enact
sanitary regulations and establish licensing requirements for the
owners or operators of tattooing establishments and that potential
risk of harm to the public health would be incurred by any delay in
enactment of these regulations,this ordinance is hereby declared to
be an emergency and shall take effect immediately upon passage.
PASSED AND APPROVED this the 4th day of January,1977.
J.C. Boyd Jr.,Mayor
ATTEST:Gerald L.Carlson,City Clerk
"EXHIBIT A"
Tattoo Parlor Client Registration Form
The information on this form is required to be provided by Wichita
Falls Ordinance No.3154,Sec. 18-63. This form should be filed al-
phabetically according to the client's last name and must be kept for
a minimum of three years.The form should be filled out by the client
who desires to be tattooed.These forms shall be subject to inspection
by inspectors from the City-County Health Unit.
1.Name:
Last First Middle
2.Date of birth:
Month/Day/Year
3.Address:
Street/City/Sate/Zip Code
4.Answer Yes or No whether you have had any of the following within
the last two years:
Hepatitis
Yellow Jaundice
Syphillis
Gonorrhea
Any other serious communicable or infectious disease
5.Are you a diabetic?--
6.Are you now under the influence of alcohol or any narcotic drug?
Date Signature