Santa Fe Springs Municipal Code Ch. 122 Tattoo Parlors

The purpose of this chapter is to establish uniform regulations for the operation of tattoo parlors within the city.

(Ord. 870, passed 6-13-96)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Tattooing. The insertion of pigment under the surface skin of a human being, by pricking with a needle or otherwise, so as to produce an indelible mark or figure through the skin.

Tattoo Parlor. Any premises or use activity upon a premises where tattooing is conducted.

(Ord. 870, passed 6-13-96)

Every person who operates a tattoo parlor shall pay the license fee required by § 122.04 and shall comply with the following requirements set out in this chapter.

(Ord. 870, passed 6-13-96)

Cross reference— Penalty, see § 10.97

The application fee for a tattoo parlor license and the annual fee for a tattoo parlor license shall be an amount as set by City Council resolution.

(Ord. 870, passed 6-13-96; Am. Ord. 875, passed 6-12-97)

No person shall commence, engage in, carry on, or advertise that he or she will engage in or carry on any trade, calling, profession, or occupation specified in § 122.01 without first having procured a license as required by the licensing provisions of this chapter or without complying with any and all regulations of such trade, calling, profession or occupation contained in this chapter, or any other ordinance of the city; or perform any trade, calling, profession, or occupation contained in this chapter, or any other ordinance of the city; or perform any trade, calling, profession, or occupation mentioned in this chapter without first having procured such a license when required to do so. Each separate non-compliance with any and all regulations of such trade, calling, profession, or occupation contained in this chapter, shall constitute a separate violation of this chapter for each and every day that such trade, calling, profession, or occupation is so advertised, engaged in, or carried on.

(Ord. 870, passed 6-13-96)

Cross reference— Penalty, see § 10.97

(A) Every person desiring to provide the services described in § 122.01 shall make application to the Department of Police Services for the city.

(B) Every applicant shall provide the following:

(1) If the applicant is a corporation or partnership, it shall designate one of its officers or general partners to act as its responsible managing officer, and such person shall complete and sign all application forms required by the city.

(2) If the applicant is a partnership, there shall be submitted a copy of any partnership agreement, which shall be certified by the responsible managing officer.

(3) If the applicant is a limited partnership, there shall be submitted a copy of the limited partnership agreement, if any, and the certificate of limited partnership as filed with the County Clerk, which documents shall be certified by the responsible officer.

(4) If the applicant is a corporation, or a partner of any partnership is a corporation, the name of the corporation shall be set forth exactly as shown in the Articles of Incorporation, and there shall be submitted a certified copy of the Article of Incorporation, together with any authorizations to issue or transfer stock, as well as proof that said corporation is in good standing, and, if a foreign corporation, duly authorized to transact business in the state.

(5) The exact name, including any fictitious name, if applicable, under which the business is to be operated.

(6) A description of service or services to be provided, the address of the proposed location, and the facilities thereof.

(7) A description of any other business to be operated on the same premises or on adjoining premises owned or controlled by the applicant.

(8) The names and residence addresses of all tattoo artists who are or will be employed, or acting as independent contractors in the tattoo parlor.

(9) The tattoo or similar business license history of the applicant; whether such person, in previously operating in this or another city or state, has had a business license or license revoked or suspended, the reason thereof, and the business activity or occupation subsequent to such action of suspension or revocation.

(10) Every applicant for a license, whether an individual or combination of individuals, and each partner or limited partner of an applicant, if a partnership applicant, and every officer, director, and each stockholder holding five percent or more of the stock of a corporate applicant, shall furnish the following information:

(a) The full name, date of birth, current residence and business address, and telephone numbers.

(b) California driver's license number or California identification number and Social Security number, if any.

(c) Any other names or aliases, including nicknames, used within five years immediately prior to the date of filing for the application.

(d) Each residence and business address for the five years immediately prior to the date of filing for the application, and the inclusive dates of each address.

(e) Written proof that each individual is at least 18 years of age.

(f) Height, weight, sex, age, color of eyes and hair, photograph and finger and thumb prints. Photographs shall be two inches by two inches showing the head and shoulders in a clear manner and shall have been taken within 60 days prior to the filing of the application.

(g) The tattoo or similar business license or license history of each individual; whether such individual, in previously operating in this or any other city or state has had a business license or license revoked or suspended, the reason thereof, and the business activity or occupation subsequent to such action of suspension or revocation.

(h) The name and address of any tattoo business or other establishment currently owned or operated by such individual wherein the business of tattooing is conducted.

(i) Any conviction, forfeiture of bond, or plea of nolo contendere upon any criminal violation or city ordinance violation (except any minor traffic violations), within a five-year period, and, if so, the place and court in which such conviction, plea or forfeiture was heard, the specific charge, and the sentence imposed as a result thereof.

(j) The names, current addresses, and written statements of at least two reliable property owners of the county who will certify as to such individual's good character or business responsibility; or in lieu of such references, such other available evidence as to the good character or business responsibility of such individual as will enable the investigator to properly evaluate such character or business responsibility.

(k) The names and addresses of the record owner and lessor of the real property upon or in which the tattooing establishment is to be conducted, and a copy of the lease or rental agreement. If the applicant is not the legal owner of the property, the application must be accompanied by a notarized acknowledgement from the record owner of the property that a tattooing establishment will be located on said property.

(l) Authorization for the city, its agent and employees, to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the license.

(m) Such other identification and information as may be necessary to verify the truth of the matters herein above specified as required to be set forth in the application.

(Ord. 870, passed 6-13-96)

Upon the filing of an application, the Director of Police Services shall forward copies of the application, and any attachments, to every city department which would or could be affected by such a business and the city's law enforcement agency, for investigation, report and recommendation. The investigation shall be conducted to verify the facts contained in the application and any supporting data. A letter of zoning compliance from the Director of Planning and Development shall be submitted to the Director of Police Services. The investigation shall be complete and a report and recommendation made in writing to the City Manager. The City Manager shall grant or refuse to grant the permit. If the report recommends denial of granting the permit to the applicant, the grounds for the recommended denial shall be set forth.

(Ord. 870, passed 6-13-96)

(A) No license to conduct a tattoo parlor shall be issued unless an inspection is made and it is determined that the establishment complies with each of the following minimum requirements.

(B) A license previously issued shall be revoked if the following facilities and operating requirements are not met:

(1) Minimum lighting shall be provided in accordance with the Uniform Building Code, and at least one artificial light and not less than 100 watts shall be provided in each enclosed room or booth where tattoo services are being performed on a patron.

(2) Minimum ventilation shall be provided in accordance with the Uniform Building Code.

(3) Tattooing establishments shall not have less than 150 square feet of usable floor space. If more than one operator is engaged in tattooing in the same premises, there shall be a minimum of 100 square feet of floor space for each operator. The building shall be enclosed on four sides and maintained free of dust, dirt, or contamination.

(4) The walls and ceilings shall be of an impervious, smooth, washable surface and shall be maintained in a sanitary manner at all times.

(5) A toilet and lavatory shall be conveniently located and accessible to the operator(s).

(6) A lavatory with hot and cold running water, soap and sanitary towels shall be located in close proximity to each tattoo operator.

(7) There shall be no overhead or otherwise exposed sewerage lines so as to create a potential hazard to the sanitary environment of the establishment.

(8) Sufficient receptacles shall be provided for the disposition of debris and trash.

(9) All operating tables shall be constructed of easily cleanable material, light colored, with a smooth washable finish and at least six feet from any observer or waiting customers and/or separated by a panel of at least four feet high.

(10) The owner, proprietor, or manager, of the tattooing establishment shall keep a copy of regulations posted in a conspicuous place in the establishment, which copy shall be furnished by the Department of Police Services.

(Ord. 870, passed 6-13-96)

Cross reference— Penalty, see § 10.97

In the day-to-day conduct of the business, the following requirements shall be met:

(A) (1)

Prior to tattooing, the operator shall inquire of a patron for the following conditions:

(a) History of jaundice or hepatitis.

(b) History of lymphadenopathy or lymphadenitis (swelling of the lymph nodes).

(c) History of AIDS, +HTLV Anti-body Test.

(d) History of blood donation exclusion (for other than hypertension and immediate illness).

(2) Those indicating a history of any of the above should not be tattooed. Further, the operator shall not tattoo any person who is obviously ill, has a fever, feels ill, or suspected to be under the influence of alcohol or other drugs.

(B) All operators, while tattooing, shall wear light colored, clean, washable covering garments.

(C) Immediately prior to tattooing, each operator shall wash their hands in hot water for at least three minutes with liquid or granulated anti-bacterial soap. After washing hands, as herein required, the operator shall rinse their hands in 70 percent alcohol (rubbing alcohol) or in an antiseptic solution. The operators fingernails shall be kept clean and short.

(D) The operator shall wear and then discard a separate set of disposable surgical gloves for each client.

(E) Tattooing shall be done on normal healthy skin surface. No tattooing shall be done on scar tissue. No tattooing operator shall remove tattoo marks.

(F) Separate dispensable razors with single service blades shall be used for each patron then discarded.

(G) Before shaving an area to be tattooed, the area shall be thoroughly cleansed with tincture of green soap (U.S.P.) or its equivalent, and washed with alcohol. After shaving the area to be tattooed, 70 percent alcohol (rubbing alcohol) shall be applied to the skin.

(H) Only sterile petroleum jelly in collapsible metal or plastic tubes or its equivalent, shall be used on the area to be tattooed and shall be applied by use of sterile gauze, but not directly with the fingers.

(I) No operator shall use styptic pencils, alum blocks, or other solid styptics to check the flow of blood.

(J) All dyes or inks used in tattooing shall be manufactured by a reputable manufacturer and used without adulteration of the original formula. Single service or individual containers of dye or ink shall be used for each patron and the container and remaining dye or ink discarded. The single use containers shall be disinfected prior to use. If non-disposable containers are used, they must be sterilized before re-use. Excess dye or ink shall be removed from the skin with an individually wrapped sterile gauze or individual sterile cotton squares. The completed tattoo shall be washed with a sterile gauze or individual sterile cotton saturated with a germicidal solution or 70 percent alcohol. The tattooed area shall be allowed to dry and petroleum jelly from a collapsible or plastic tube or its equivalent shall be applied. Sterile gauze dressing may be applied to the site, fastened with adhesive.

(K) All infections resulting from the practice of tattooing which become known to the operator, shall be reported to the city and the County Health Department by the person owning or operating the establishment and the patient referred to a private physician. Printed instructions on the care of the skin after tattooing shall be given to the patron after tattooing.

(L) Tattooing, including the changing or repairing of previous tattoos, shall not be performed on the hands below the wrist line, the feet below the ankle, the head or face above the collar line, on the genitalia, scrotum, or in the anal area. Nor shall such tattooing be undertaken over the site of an obviously recent hypodermic injection.

(M) The use of paper napkins and other material and tape for dressing is prohibited. Only recognized and approved surgical dressings and tapes shall be used on patrons.

(N) All used items must be autoclaved at 15 psi and 250°F for 15 minutes then discarded in double lined plastic bags in clean trash cans.

(O) After each tattoo procedure, the tattoo machine shall be placed in an ultrasonic type machine to remove the excess dye from the tubes and needle bars. When this process is completed, the tubes and needle bars shall be removed from the tattoo machines. They shall then be placed into a covered container for sterilization by autoclaving.

(P) Steam sterilizers shall be provided for each establishment. All needle bars, grips, and tubes shall be sterilized before using on each customer by autoclaving under 15 psi for 15 minutes. Temperature in autoclaving shall not be less than 250°F or 121°C.

(Q) All tubes, grips, and needle bars shall remain in the wrappers used during the autoclaving process. These wrapped articles shall be stored in a closed glass case or storage cabinet, which shall be maintained in a sanitary manner at all times. The wrappers shall not be removed from the tubes, grips, or needle bars until a tattoo procedure is begun.

(R) No tattoo parlor licensed under the provisions of this chapter, shall place, publish, distribute, disseminate, or broadcast or cause to be placed, published, distributed, disseminated or broadcasted, and advertising matter that would reasonably suggest to prospective patrons that any service is available other than those services described in § 122.03, nor shall any tattoo parlor indicate in the text of any advertising that any service is available other than those services described in § 122.03.

(S) A tattoo parlor establishment shall have the premises supervised at all times when open for business by the operator or manager. The violation upon the premises of any tattoo parlor establishment of any provision of this chapter by any agent, employee or independent contractor of the holder of a tattoo parlor regulatory business permit shall constitute a violation of the permit holder.

(T) A recognizable and readable sign shall be posted at the main entrance identifying the establishment as a tattoo parlor, provided that all such signs shall comply with the sign requirements of the city, and such sign shall not reasonably suggest that services other than those identified in § 122.03 are available. Such sign shall list services available and the costs of services.

(U) Proof of compliance with the applicable provisions of this code shall be provided.

(V) The administration of tattoo and operation of a tattoo establishment shall be carried on only between the hours of 8:00 a.m. and 11:00 p.m.

(W) No persons shall enter, be or remain in, any part of a tattoo establishment while in the possession of, consuming, or using any alcoholic beverage or drug, except pursuant to a prescription for such drug. The owner, operator, responsible managing employee, manager or licensee shall not permit any such person to enter or remain upon such premises.

(X) The service described in § 122.03 shall be performed or provided only upon the premises for which the license has been issued.

(Y) All exterior doors shall be unlocked from the interior side during business hours.

(Z) A licensee shall notify the Department of Police Services in writing, within 48 hours, of any change in personnel with regard to tattoo operators.

(AA) No person owning, operating, or managing a tattoo establishment shall knowingly cause, allow, or license any agent, employee, or any other person under his control or supervision to perform acts prohibited by state or local laws or ordinances. Knowingly includes both actual and constructive knowledge.

(Ord. 870, passed 6-13-96)

Cross reference— Penalty, see § 10.97

(A) Not less often than once a year, the premises shall be inspected by appropriate employees of the city to insure compliance with the requirements of this chapter.

(B) Each operator of a tattoo parlor establishment shall maintain ledger books, daily journals and other accounting records which truly and correctly show the income, expenses, and the distribution of profits, if any, pertaining to the operation of the tattoo parlor establishment. The books and records shall be maintained in accordance with generally accepted accounting principles, and shall be made available at all reasonable times at the premises where the tattoo parlor establishment is located, and shall be made available at the Department of Police Services upon 72 hours written notice for inspection.

(Ord. 870, passed 6-13-96)

No tattoo parlor establishment shall operate in the same location, nor use the same facilities as that of a school of tattoo. It shall be unlawful for any person to perform any tattoo upon any member of the general public while on the premises of a school of tattoo. Instructors and students of such schools may practice tattoo only upon a bona fide employee of the school or student.

(Ord. 870, passed 6-13-96)

Cross reference— Penalty, see § 10.97

Any license issued under the terms of this chapter may be revoked or suspended at any time by the City Manager, after a hearing, due notice of which shall be furnished the licensee, if the City Manager shall find, upon evidence heard, that:

(A) The licensee has carried on the licensed activities in an illegal, improper or disorderly manner; or

(B) The licensee, in carrying on the licensed activities, has violated or permitted the violation of any law of the state of any provisions of this code; or

(C) The condition of the license have been materially or repeatedly violated; or

(D) Any condition or fact exists which would, if known at the time of issuance of the license, have been grounds for denying the license.

(Ord. 870, passed 6-13-96)

An appeal may be made to the City Council from any decision or determination of the City Manager pursuant to this chapter. The appeal shall be in writing and shall be filed with the City Clerk within ten days from the mailing to the applicant or licensee of the decision or determination of the City Manager from which the appeal is taken. Any such appeal shall specify the decision from which the appeal is taken and the grounds of the appeal. If the City Manager has theretofore conducted a hearing with respect to the decision, the City Council may determine the appeal on the basis of the transcript of said hearing, or may hold a public hearing de novo before the City Council itself, in its sound discretion. If there has been no prior hearing before the City Manager with respect to the decision appealed from, the City Council shall hold a public hearing on the appeal. At any such hearing, the applicant shall be entitled to be present, to be represented by an attorney, and to present witnesses and testimony in support of his appeal. The decision of the City Council with respect to any appeal shall be final.

(Ord. 870, passed 6-13-96)

Upon the sale or transfer of any interest in a tattoo parlor establishment or any entity owning such tattoo parlor establishment, the license issued pursuant to this chapter shall be null and void unless the sale or transaction is to an applicant already shown on the application for the license pursuant to which the establishment was operated. A new application under this chapter shall be made by any person, firm, or entity desiring to own or operate such tattoo parlor establishment.

(Ord. 870, passed 6-13-96)

(A) All persons who possess an existing license heretofore issued by the city to operate a tattoo parlor establishment must apply for a license within 90 days of the effective date of this chapter if they qualify under the provisions of this chapter, and, in any event, any licenses issued under this chapter prior to the effective date of this chapter shall be null and void upon the passage of 90 days from the effective date hereof.

(B) As to any existing and properly licensed tattoo parlor establishments as of the effective date of this chapter, and pending the application and the issuance of or denial of a license under this chapter, the provisions of §§ 122.09 and 122.10 shall apply to such existing establishments.

(Ord. 870, passed 6-13-96)

Any tattoo parlor establishment operated, conducted, or maintained contrary to the provisions of this chapter is hereby declared to be unlawful and a public nuisance, and the City Attorney may (in addition to or in lieu of prosecuting a criminal action hereunder) commence an action or actions, proceeding or proceedings, for the abatement, removal or enjoinment thereof in the manner provided by law; and may take such other steps and apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such establishment and restrain and enjoin any person from operating, conducting, or maintaining a tattoo parlor establishment contrary to the provisions of this chapter.

(Ord. 870, passed 6-13-96)

No applicant may apply for a license under this chapter within one year from denial of a license to such applicant or within one year from the revocation of a license issued to such licensee, unless the cause of the denial or revocation has been remedied to the satisfaction of the City Manager.

(Ord. 870, passed 6-13-96)

Each person to whom a license has been issued pursuant to this chapter shall immediately surrender his or her license to the Department of Police Services upon revocation or suspension of such license.

(Ord. 870, passed 6-13-96)

The payment of license and license fees under this chapter shall be independent of any processing of an application for a conditional use permit or other zoning matters relating to the location of tattoo parlor establishments within the city.

(Ord. 870, passed 6-13-96)