Chapter 5-30 TATTOOING ESTABLISHMENT AND OPERATION REGULATIONS

“Health Officer” means that person designated by the San Benito County Health Care Agency, Environmental Health Division, as the person having responsibility for the enforcement of the provisions of this Chapter.

“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 or figure fixed upon a body by insertion of pigment under the skin or by production of scars.

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

5-30-105 Permits required.

It is unlawful for any person, association, 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, the business of a tattoo parlor without prior approval of a use permit per the provisions of SJBMC Title 11.

5-30-110 Maintenance of premises.

(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 twenty-four (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 a standard prescribed by the health officer.

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

5-30-115 Source of dyes and inks.

(A) Proprietors of tattooing establishments shall, on request of the health officer, submit in writing to the health officer the source of all dyes or inks retained for use in tattooing operations, and thereafter shall notify the health officer in writing of any dyes or inks obtained for use 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.

5-30-120 Maintenance of pigments, dyes and equipment.

No pigments, dyes, or equipment shall be retained available for use in tattooing operations unless cleaned and sterilized as provided in this Section. For purposes of the 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, 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 autoclavable plastic test tube) with a cotton plug for autoclaving. Wiping tissues shall be sterilized in a single pack to be used for one (1) tattoo and then be 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 a 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 fifteen (15) pounds pressure per square inch (251°F) for at least fifteen (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 workday to allow completion of such workday without requiring resterilization of such equipment.

5-30-125 Maintenance of stencils.

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 seventy percent (70%) alcohol for not less than thirty (30) minutes at room temperature.

(C) Each stencil, after being disinfected, shall be air dried for not less than thirty (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 envelope.

5-30-130 Tattooing operations – Skin condition of customers.

No tattooing operation shall be performed on skin surface areas containing any rash, pimples, boils, or infection or otherwise manifesting any evident of unhealthy conditions.

5-30-135 Tattooing operations – 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 violated, as required by the health officer.

5-30-140 Tattooing operations – Health conditions of operator.

No tattooing operations shall be performed unless the operator is free of communicable diseases and pustular skin lesions.

5-30-145 Tattooing operations – Smoking.

No operator shall smoke while performing a tattooing operation.

5-30-150 Tattooing operations – Apparel of operator.

The operator must wear a clean, light-colored, short-sleeved smock while performing the tattooing operation.

5-30-155 Tattooing operations – Cleanliness of operator.

No operator shall perform a tattooing operation with unclean hands. For purpose of this Section 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 ten (10) 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 only when empty.

Tattooing 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.

5-30-160 Tattooing operations – 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.

5-30-165 Tattooing operations – Skin preparation.

No tattooing operation shall be performed unless the skin is adequately prepared prior to the operation. For purposes of this Section, skin shall be considered properly prepared if it is thoroughly washed with soap following shaving and thereafter scrubbed gently three (3) times with seventy percent (70%) isopropyl alcohol, using a separate sterile gauze pad each time; and no alternate method of skin preparation shall be considered adequate unless approved in writing by the Health Officer.

5-30-170 Tattooing operations – Use of stencils.

No tattooing operation involving the use of stencils shall be performed unless all of the following requirements have been complied with:

(A) Each stencil must be precleaned pursuant to SJBMC 5-30-125.

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

(C) Petroleum jelly used for stencils must be obtained 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.

5-30-175 Tattooing operations – 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 SJBMC 5-30-115.

5-30-180 Tattooing operations – Use of sterile dyes.

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

(A) 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.

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

5-30-185 Tattooing operations – 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 SJBMC 5-30-120.

5-30-190 Tattooing operations – Discarding of certain equipment.

Operators shall discard the following items immediately after use in any tattooing operations.

(A) Blades used in shaving;

(B) Tubes and gauze used in application of petroleum jelly used for stencils;

5-30-195 Inspections – Health services fee schedule.

The County Health Officer shall periodically make inspections of tattooing establishments located in the City to determine if the proprietor or operator of such establishments is complying with the provisions of this Chapter. The County shall, by annual board resolution, adopt health service fees to be paid by the proprietor or operator of the tattoo establishment. Such fees to be paid directly to the County Health Officer and retained by the County as reimbursement for said services related to this Chapter.

5-30-196 Penalties.

Each of the following acts or omissions shall constitute a misdemeanor and upon conviction thereof shall be punishable by a fine not to exceed one thousand dollars ($1,000):

(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 Section, each day upon which such a failure to conform occurs shall constitute a separate violation.

Legislative History: Ord. 96-04 (5/21/96).