Chapter 121 TATTOO ESTABLISHMENTS

121.01 License required.

121.02 Fees.

121.03 Definitions.

121.04 Health and sanitary requirements.

121.05 Care of instruments.

121.06 Records.

121.07 Infections.

121.08 Pigments, dyes.

121.09 Bandages and surgical dressings.

121.10 Certificate of inspection.

121.11 Inspections.

121.12 Compliance with state and county requirements.

121.13 Insurance requirements.

121.99 Penalty.

121.01 License required.

It shall be unlawful for any person to engage in the business of operating a tattoo establishment without first obtaining a license to engage in such business in accordance with the provisions of this chapter. (Ord. 960, passed 12-3-85) Penalty, see Section 121.99

121.02 Fees.

(A) Application fee. An application for a license shall be accompanied by a fee in the amount of $500; provided, however, that no application fee shall be required for renewal of an existing license. Any change of ownership shall require a new application and license, with payment of fees therefor.
(B) License fee. The license fee for engaging in the business of operating a tattoo establishment within the city shall be $100 per annum. (Ord. 960, passed 12-3-85) Penalty, see Section 121.99

121.03 Definitions.

For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“Certificate of inspection.” Written approval from the health officer or its authorized representative that a tattooing establishment has been inspected and meets all of the terms of this chapter relating to physical facilities, equipment, and layout for operation of such business.
“Health officer.” The Will County Health Department or its authorized representative.
“Operator.” Any individual, firm, company, corporation, or association that owns or operates an establishment where tattooing is performed and any individual who performs or practices the art of tattooing on the person of another.
“Tattoo,” “tattooed,” or “tattooing.” Any method of placing designs, letters, scrolls, figures, symbols, or any other marks upon or under the skin with ink or any other substance resulting in the coloration of the skin by the aid of needles or any other instruments designed to touch or puncture the skin. (Ord. 960, passed 12-3-85)

121.04 Health and sanitary requirements.

Each person who operates a tattooing establishment shall comply with the following requirements:
(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 toilet shall be located in the establishment and shall be accessible at all times that the tattooing establishment is open for business. The lavatory shall be supplied with hot and cold running water, soap, and sanitary towels.
(C) All tables and other equipment shall be constructed of easily cleanable material, shall be painted or finished in a light color, with a smooth washable finish, and shall be separated from waiting customers or observers by a panel at least six feet or 1.83 meters high, or by a door.
(D) The entire premises and equipment shall be maintained in a clean, sanitary condition and in good repair.
(E) The operator shall wash his hands thoroughly with soap and water before starting to tattoo; the hands shall be dried with individual, single-use towels.
(F) No tattooing shall be done on any skin surface that has rash, pimples, boils, infections, or manifests any evidence of unhealthy conditions.
(G) 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.
(H) Safety razors with a new, single-service blade for each customer or patron or a straight edge razor may be used and shall be thoroughly cleaned and sterilized before use on each customer or patron.
(I) 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 shaving and before tattooing is begun, a solution of 2% tincture of iodine shall be applied with a sterile instrument.
(J) Only petroleum jelly in collapsible metal or plastic tubes, 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.
(K) The use of styptic pencils, alum blocks, or other solid styptics to check the flow of blood is prohibited.
(L) Inquiry shall be made, and anyone giving a history of jaundice, hepatitis, or acquired immune deficiency syndrome (AIDS), shall not be tattooed.
(M) Single-service needles and single-service or individual containers of dye or ink shall be used for each patron, and the needles and containers therefor shall be discarded immediately after completing work on a patron, and 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 or a disposable paper tissue which shall be used only on one person, the tattooed area shall be washed with sterile gauze saturated with an antiseptic soap solution approved by the health officer, or a 2% tincture of iodine solution. The tattooed area shall be allowed to dry and petroleum jelly from a collapsible or plastic tube shall be applied, using sterile gauze. A sterile gauze dressing shall then be fastened to the tattooed area with adhesive.
(N) All materials that come in direct contact with the patron, such as but not limited to single-service needles, razor blades, ink, dye, sponges, gauze, paper tissue, bandages, or surgical dressings, shall be autoclaved for at least 30 minutes immediately after use and prior to proper disposal. (Ord. 960, passed 12-3-85) Penalty, see Section 121.99

121.05 Care of instruments.

(A) Storing of instruments. All clean and ready-to-use instruments and single-service needles shall be kept in a closed glass or metal case or storage compartment while not in use. The cabinet shall be maintained in a sanitary manner at all times.
(B) Sterilizing of instruments. A steam sterilizer (autoclave) shall be provided for sterilizing all instruments before use on any customer, person, or patron. Sterilization of equipment will be accomplished by exposure to live steam for at 30 minutes at a minimum pressure of 15 pounds per square inch, temperature of 240° Fahrenheit or 116° Celsius.
(C) Use of instruments. The needles and instruments required to be sterile shall be so used, handled, and temporarily placed during tattooing so that they will not be contaminated. (Ord. 960, passed 12-3-85) Penalty, see Section 121.99

121.06 Records.

Permanent records for each patron or customer shall be maintained by the licensee or operator of the establishment. Before the tattooing operation begins, the patron or customer shall be required personally to enter, on a record form provided for such establishments, the date, his or her name, address, age, serial number if a member of the armed forces, and his or her signature. Such records shall be maintained in the tattoo establishment and shall be available for examination by the health officer. Records shall be retained by the operator or licensee 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. (Ord. 960, passed 12-3-85) Penalty, see Section 121.99

121.07 Infections.

No person, customer, or patron having any skin infection or other disease of the skin or any communicable disease shall be tattooed. All infections resulting from the practice of tattooing which become known to the operator shall be promptly reported to the health officer by the person owning or operating the tattooing establishment, and the infected client shall be referred to a physician. (Ord. 90, passed 12-3-85) Penalty, see Section 121.99

121.08 Pigments, dyes.

All pigments, dyes, colors, and the like used in tattooing shall be sterile and free from bacteria, virus particles, and noxious agents and substances; and the pigments, dyes, and colors used from stock solutions for each customer or patron shall be placed in a single-service receptacle and the receptacle and remaining solution shall be discarded after use on each customer or patron. (Ord. 960, passed 12-3-85) Penalty, see Section 121.99

121.09 Bandages and surgical dressings.

All bandages and surgical dressings used in connection with the tattooing of a person shall be sterile. (Ord. 960, passed 12-3-85) Penalty, see Section 121.99

121.10 Certificate of inspection.

An applicant for a license to operate a tattooing establishment shall first obtain a certificate of inspection from the health officer, indicating the establishment has been inspected and is in compliance with the provisions of this chapter. (Ord. 960, passed 12-3-85) Penalty, see Section 121.99

121.11 Inspections.

The health officer may conduct periodic inspections of any tattooing establishment for the purpose of determining whether or not that establishment and the persons performing the art of tattooing therein are in compliance with all applicable health provisions contained within this chapter and other pertinent ordinances. It shall be unlawful for any person or operator of a tattooing establishment willfully to prevent or restrain the health officer from entering any licensed establishment where tattooing is being performed for the purpose of inspecting the premises, after proper identification is presented to the operator. (Ord. 960, passed 12-3-85) Penalty, see Section 121.99

121.12 Compliance with state and county requirements.

The operator of a tattoo establishment shall comply with all state and county health requirements applicable to such establishments, and if there is any conflict between the provisions of this chapter and such state or county requirements, the state or county requirements shall control. (Ord. 960, passed 12-3-85) Penalty, see Section 121.99

121.13 Insurance requirements.

The operator shall keep and maintain malpractice insurance in an amount of at least $1,000,000, and shall provide evidence of such insurance upon application for or renewal of each license. (Ord. 960, passed 12-3-85) Penalty, see Section 121.99

121.99 Penalty.

Any person, firm or corporation violating any provision in this title, for which another penalty is not provided, shall for a first conviction be fined not less than $25 nor more than $750, for a second conviction within one year thereafter, the person, firm or corporation shall be fined not less than $100 nor more than $750 and for a third or subsequent conviction within one year after the first conviction, the person, firm or corporation shall be fined not less than $250 nor more than $750. A separate offense shall be deemed committed on each day during or which a violation occurs or continues. (Ord. 960, passed 12-3-85; Ord. 1574, passed 7-15-03)