Dana Point Municipal Code Ch. 6.44 Tattoo Establishments

The Ordinance codified in this Chapter shall be known and may be cited as the Tattoo Establishments Ordinance.

(Ord. 94-08, 5/24/94)

The County of Orange and all of its officers, employees, and agents are hereby authorized and empowered to enforce and administer the provisions of this Chapter within the City of Dana Point.

(Ord. 94-08, 5/24/94)

For purposes of this Chapter, the following definitions shall apply:

"Health officer"

means that person or office designated by order of the City Council of the City of Dana Point or by contract approved by the said Council as the person or office having responsibility for the enforcement of the provisions of this Section.

"Operator"

means any person, whether the proprietor or another person, administering a tattoo to any customer of a tattooing establishment.

"Proprietor"

means the person having general control and management over the conduct of business at a tattooing establishment, whether or not such person is the legal owner of the premises or the business.

"Tattoo"

means an indelible mark, design or figure fixed upon a body by insertion of pigment under the skin or by the production of scars.

"Tattooing establishment"

means premises used for the business of marking or coloring the skin with tattoos, and all furnishings, equipment, instruments, dyes and inks, and other facilities maintained therein incidental to such use.

(Ord. 94-08, 5/24/94)

(a) All tattooing establishments shall be equipped with running hot and cold water, with adequate toilet facilities and with all such appliances, furnishings and materials as may be necessary to enable persons employed in and about such establishments to comply with the requirements of this Chapter.

(b) The floors, furnishings and equipment of tattooing establishments shall be kept clean at all times during business hours. For purposes of this paragraph, a floor shall not be considered clean if it has not been swept and mopped within the preceding 24 hour period.

(c) All operating tables in tattooing establishments shall be constructed of metal with white enamel or porcelain finish, or stainless steel.

(d) Each tattooing establishment shall have adequate lighting and ventilation. For purposes of this paragraph, lighting or ventilation shall be considered as inadequate if it fails to comply with any reasonable standard prescribed by the Health Officer.

(e) No tattooing establishment shall be used as a sleeping room or dormitory.

(Ord. 94-08, 5/24/94)

(a) Proprietors of tattooing establishments shall, on request of the Health Officer, submit in writing to the Health Officer the source of all dyes and inks retained for use in tattooing operations, and thereafter shall notify the Health Officer in writing of any dyes or inks obtained for uses in tattooing operations from any source other than those previously submitted.

(b) No dyes or inks from any sources which have been disapproved by the Health Officer shall be retained for use in tattooing operations.

(Ord. 94-08, 5/24/94)

No pigments, dyes, or equipment shall be retained for use in tattooing operations unless cleaned and sterilized as provided in this section. For purposes of this section, equipment shall include needles, needle tubes, towels, blade holders, wiping cloths, paper towels and napkins, charcoal, gauze bandages (unless purchased in individual sterile packages), and all similar items.

(a) All equipment shall be thoroughly cleaned before being sterilized. Instruments shall be cleaned with soap or detergent by use of a brush. The interior of needle barrels shall be brushed. After cleaning, all equipment shall be thoroughly rinsed under running fresh tap water.

(b) All equipment shall be sterilized by autoclaving. Each piece of equipment shall be individually wrapped with paper in an approved method for autoclaving. Metal foil may not be used. Tattooing needles shall be threaded through the metal tube that attaches to the tattooing vibrator and shall be placed in a glass (or autoclave plastic) test tube with a cotton plug for autoclaving. Wiping tissues shall be sterilized in a single pack to be used for one tattoo and then discarded. All packs shall be marked with temperature recording tape or labels.

(c) Dyes or inks shall be used from containers with a cap that completely covers the opening and is attached to the neck of the dye container, sterilized in an autoclave after first being filled with the dye. Dye shall be handled utilizing aseptic techniques and the dye containers filled with dye shall be autoclaved at least once a week or more often if necessary to keep the dye in sterile condition. The dyes may be placed in Teflon squeeze bottles that will withstand autoclaving.

(d) Steam sterilization of the above listed equipment shall be accomplished in an autoclave with at least 15 pounds of pressure per square inch, at a minimum of 251SF, for at least (15) minutes. Other means of sterilization may be approved by the Health Officer.

(e) All sterilized dyes, pigments, and equipment shall be stored in a manner which will insure sterility at the time of use.

(f) Proprietors shall maintain sufficient sterilized equipment available at the beginning of each work-day to allow completion of such workday without requiring resterilization of such equipment.

(Ord. 94-08, 5/24/94)

No stencil, whether new or used, shall be retained in a manner available for use in any tattooing operation unless it has been precleaned and disinfected in the following manner:

(a) Each stencil must be precleaned by being scrubbed with soap and brush to the extent necessary to remove all accumulations of carbon and vaseline in the etched grooves of the stencil.

(b) Each stencil, after being precleaned and dried, must be disinfected by being soaked, design-cut side down, in a closed container of 70% alcohol for not less than 30 minutes at room temperature.

(c) Each stencil, after being disinfected, shall be air dried for not less than 30 minutes by being suspended in a manner exposing both sides to the air, and thereafter shall be stored for the next use in a clean envelope.

(Ord. 94-08, 5/24/94)

All tattooing operations shall be performed in accordance with the following operations procedures:

(a) Prohibited Operations. No tattooing operation shall be performed on skin surface areas containing any rash, pimples, boils, or infection or otherwise manifesting any evidence of unhealthy conditions.

(b) Potential Health Risks. The establishment owner shall provide written information as required by the Health Officer about blood-borne diseases and their transmission to all tattoo operators and maintain records to verify operator receipt of this information. The tattoo operator shall inform the customer of any potential health risks involved, whenever the skin is pierced, punctured or tattooed, as required by the Health Officer.

(c) Health Conditions of Operator. No tattooing operations shall be performed unless the operator is free of communicable diseases and pustular skin lesions.

(d) Smoking. No operator shall smoke while performing a tattooing operation.

(e) Cleanliness of Operator. No operator shall perform a tattooing operation with unclean hands. For the purpose of this paragraph, hands shall not be considered clean unless they have been thoroughly washed with soap from a single service dispenser and warm water vigorously rubbing all surfaces of lathered hands for at least 10 seconds, followed by thoroughly rinsing under a stream of water. Hands shall be dried using single service towels from a dispenser or hot air blower. If a liquid soap is used, the dispenser shall be cleaned and filled with fresh soap only when empty.

Tattoo operators shall wear protective gloves while handling needles or blades, or doing any procedure that may cause bleeding. Gloves shall be discarded between each customer.

(f) Shaving. No tattooing operation involving shaving shall be performed unless the skin is washed with soap prior to the shaving and unless the blade used in shaving is previously unused and unless the blade holder has been autoclaved since its previous use.

(g) Skin Preparation. No tattooing operation shall be performed unless the skin is adequately prepared prior to the operation. For purposes of this paragraph, skin shall be considered properly prepared if it is thoroughly washed with soap following shaving and thereafter scrubbed gently three times with 70% isopropyl alcohol, using a separate sterile gauze pad each time. No alternative method of skin preparation shall be considered adequate unless approved in writing by the Health Officer.

(h) Use of Stencils. No tattooing operation involving the use of stencils shall be performed unless all of the following requirements have been complied with:

(1) Each stencil must be precleaned pursuant to Section 6.40.105.

(2) Each stencil, having been precleaned, must be wiped with sterile gauze soaked in 70% alcohol and air dried immediately prior to its use in the tattooing operation.

(3) Petroleum jelly used for stencils must be from a collapsible tube which has not previously been used in any tattooing operation and must be applied to the skin with a sterile gauze which has not previously been used.

(i) Use of Approved Dyes. No tattooing operation shall be performed using dyes or inks of a type that has been disapproved for use by the Health Officer pursuant to Section 6.40.104.

(j) Use of Sterile Dyes. No tattooing operation shall be performed unless the following requirements have been complied with:

(1) The dye or ink used for the tattoo must be obtained from presterilized dye or ink bottles and, prior to the tattooing operation, aseptically transferred from such bottles into sterile paper cups which have not previously been used in any tattooing operation. No refilling of the dye cup is permitted.

(2) No dye or ink shall be used in which needles used on another person have been dipped.

(k) Use of Sterile Equipment. No tattooing operation shall be performed using equipment that has not been cleaned and sterilized in the manner set forth in Section 6.40.105.

(l) Discarding of Certain Equipment. Operators shall discard the following items immediately after use in any tattooing operation:

(1) Blades used in shaving.

(2) Tubes and gauze used in application of petroleum jelly used for stencils.

(3) Paper cups used for dye or ink.

(Ord. 94-08, 5/24/94)

The County Health Officer shall periodically make inspections of tattooing establishments located in the City of Dana Point to determine if the proprietor or operator of such establishments is complying with the provisions of this chapter.

(Ord. 94-08, 5/24/94)

An inspection fee, in accordance with a schedule of health services fees set by an annual Resolution of the County Board, shall be paid by the proprietor or operator of the tattoo establishment. Such fees shall be paid directly to the County Health Officer and retained by the County as reimbursement for said services related to this Chapter.

(Ord. 94-08, 5/24/94)

Each of the following acts or omissions shall constitute a misdemeanor and upon conviction thereof shall be punishable by a fine not to exceed $1,000, or imprisonment in the County jail for a period not to exceed six months, or by both such fine and imprisonment:

(a) Any performance of a tattooing operation by an operator in violation of any requirement or prohibition imposed by this Chapter.

(b) Any failure by a proprietor to maintain a tattooing establishment in conformity with the requirements of this Chapter. For purposes of this subparagraph (b), each day upon which such failure to conform shall constitute a separate violation.

(Ord. 94-08, 5/24/94)