Mission Viejo Municipal Code Div. 18 Tattooing Establishment Regulations

Every person, association, firm, partnership or corporation who operates a tattooing establishment or administers a tattoo shall comply with all provisions of this division in addition to all other applicable provisions of the Mission Viejo Municipal Code and ordinances of the city.

(Ord. No. 95-143, § 1, 5-8-95)

As used in this division, unless the context otherwise requires, the following terms shall have the meanings ascribed to them respectively:

Health officer: That person designated by the city director of community development, as the person having responsibility for the enforcement of the provisions of this division.

Operator: Any person, whether the proprietor or another person, administering a tattoo to any patron of a tattooing establishment.

Proprietor: 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: An indelible mark or figure fixed upon a body by insertion of pigment under the skin or by production of scars.

Tattooing establishment: 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 or incidental to such use.

(Ord. No. 95-143, § 1, 5-8-95)

Cross reference— Definitions generally, § 1.01.170.

(a) The room in which tattooing is done shall have an area of not less than 100 square feet. The walls, floors and ceiling shall have an impervious, smooth and washable surface.

(b) A lavatory with hot and cold running water, soap and sanitary towels shall be located in the room where the tattooing is performed. A toilet shall be located in or adjacent to the establishment and shall be accessible to the tattooing operator at all times that the tattooing establishment is open for business.

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

(d) The entire premises and equipment shall be maintained in a clean, sanitary condition and in good repair.

(e) The premises shall have adequate lighting and ventilation as determined by standards established by the health officer.

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

(Ord. No. 95-143, § 1, 5-8-95)

It is unlawful for any person, association, partnership, firm or corporation to engage in, conduct or carry on, or permit to be engaged in, conducted or carried on, in or upon any premises within the city, a tattoo establishment without obtaining a conditional use permit.

(Ord. No. 95-143, § 1, 5-8-95)

(a) The proprietor 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 proprietor or operator shall inform each patron of any potential health risks involved whenever the skin is violated as required by the health officer.

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

(c) No operator shall perform a tattooing operation without clean and sanitary hands. For purposes of this paragraph, hands shall not be considered clean and sanitary 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 ten seconds, followed by thorough 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 when empty.

Tattoo operators shall wear protective gloves of latex or other similar impervious material while performing any tattoo procedure, or handling needles or blades, or doing any procedure that may cause bleeding. Gloves shall be discarded between each patron. The operator shall wear a clean, light-colored, short-sleeved smock while performing the tattooing operation.

(d) No tattooing shall be done on skin surface that has rash, pimples, boils, infections or manifests any evidence of unhealthy conditions.

(e) No skin area shall be penetrated, abraded or treated with chemicals for the purpose of removing, camouflaging or altering any blemish, birthmark, scar or tattoo.

(f) Safety razors with a new, single-service blade for each patron or a new straight-edge razor for each patron shall be used. Each razor shall be thoroughly cleaned and sterilized as required by the health officer before use.

(g) The area to be tattooed shall first be thoroughly washed for a period of two minutes with warm water to which has been added an antiseptic liquid soap. A sterile, single-use sponge shall be used to scrub the area. After washing and before tattooing is begun, the area shall be gently scrubbed with 91 percent isopropyl alcohol using a separate single-use sponge each time, applied with a sterile instrument.

(h) Only petroleum jelly in a collapsible metal or plastic tube, or its equivalent as approved by the health officer, shall be used on the area to be tattooed, and it shall be applied with sterile gauze.

(i) The use of styptic pencils, alum blocks or other solid styptics to check the flow of blood is prohibited.

(Ord. No. 95-143, § 1, 5-8-95)

Proprietors of tattooing establishments shall submit in writing the source of all dyes or inks used in tattooing operations. Only inks and dyes from sources approved by the health officer shall be used for tattooing. Single-service or individual containers of dye or ink shall be used for each patron, and the container therefor shall be discarded immediately after completing work on a patron. Any dye in which the needles were dipped shall not be used on another person. Excess dye or ink shall be removed from the skin with an individual, sterile sponge, which shall be used only on one person and then immediately discarded. After completing work on any person, the tattooed area shall be washed with sterile gauze saturated with an antiseptic-soap solution approved by the health officer, or a 91 percent isopropyl alcohol solution. The tattooed area shall be allowed to dry, and petroleum jelly from a collapsible metal or plastic tube, or its equivalent as approved by the health officer, shall be applied, using sterile gauze. A sterile gauze dressing shall then be fastened to the tattooed area with adhesive.

(Ord. No. 95-143, § 1, 5-8-95)

(a) Storing of instruments. All clean and ready-to-use needles and instruments shall be kept in a closed glass or metal case or storage cabinet while not in use to insure sterility at time of use. Such cabinet shall be maintained in a sanitary manner at all times. Proprietors shall maintain sufficient sterilized equipment available at the beginning of each workday to service all patrons without requiring re-sterilization of such equipment.

(b) Sterilizing of instruments. All tattooing equipment shall be thoroughly cleaned with soap or detergent by use of a brush, and, after cleaning, thoroughly rinsed under running fresh tap water prior to being sterilized.

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 autoclavable 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 be discarded. All packs shall be marked with temperature recording tape or labels.

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 a sterile condition. The dyes may be placed in Teflon squeeze bottles that will withstand autoclaving.

Steam sterilization shall be accomplished in an autoclave with at least 15 pounds pressure per square inch at a temperature of at least 251°F for at least 30 minutes.

Alternate sterilizing procedures may only be used when specifically approved by the health officer.

(c) The needles and instruments required to be sterilized shall be used, handled and temporarily placed during tattooing so that they are not contaminated.

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

(1) Each stencil must be precleaned by being scrubbed with soap and a brush to the extent necessary to remove all accumulations of carbon, petroleum jelly, and any other substance in the etched grooves of the stencil.

(2) Each stencil, after being precleaned and dried, must be disinfected by being soaked, design-cut side down, in a closed container of 91 percent isopropyl alcohol for not less than 30 minutes at room temperature.

(3) 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 next use in a clean and sanitary envelope.

(4) Each stencil, having been precleaned, must be wiped with sterile gauze soaked in 91 percent isopropyl alcohol and air dried immediately prior to its use for tattooing.

(Ord. No. 95-143, § 1, 5-8-95)

No tattooing operation shall be performed unless the following requirements have been complied with:

(a) The dye or ink used for the tattooing must be obtained from pre-sterilized 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.

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

(Ord. No. 95-143, § 1, 5-8-95)

Operators shall discard the following items immediately after use in any tattooing operation:

(a) Blades used in shaving.

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

(c) Paper cups used for dye or ink.

(Ord. No. 95-143, § 1, 5-8-95)

Permanent records for each patron shall be maintained by the proprietor of the tattoo establishment. Before the tattooing operation begins, the patron shall be required to personally enter, on a form provided by the tattoo establishment, the date, his or her name, address, age, and signature. The proprietor or operator shall verify the age of the patron by requiring the patron to present a form of valid identification with a picture showing date of birth or a copy of a birth certificate. Such records shall be maintained in the tattoo establishment and shall be immediately available for examination by the health officer upon request. Records shall be retained by the proprietor for a period of not less than two years. In the event of a change of ownership or closing of the business, all such records shall be made available to the health officer. The tattoo proprietor or operator shall issue a receipt to each patron setting forth the name and address of the tattoo establishment.

(Ord. No. 95-143, § 1, 5-8-95)

The health officer shall periodically make inspections of tattooing establishments located in the city to determine if the establishment and proprietor and operator of the establishment are complying with the provisions of this division.

(Ord. No. 95-143, § 1, 5-8-95)

No person under the age of 18 years old is permitted in a tattooing establishment. A tattooing establishment shall post a sign stating that minors are not permitted on the premises pursuant to this section.

(Ord. No. 95-143, § 1, 5-8-95)

The regulations set forth in this division are not applicable to any establishment under the control or direction of a practitioner of the healing or cosmetological arts if the practitioner is licensed to practice under the State Business and Professions Code or other statute of the state, nor do they apply to any licensed hospitals or other licensed medical facilities.

(Ord. No. 95-143, § 1, 5-8-95)