No shall perform procedures in the city without complying with the following regulations.
   (a)   Clients.
      (1)   Minors. No shall tattoo any under the age of 18. Additionally, no shall pierce a minor without written permission from a custodial parent given in at the . Nipple and genital piercing is prohibited on minors regardless of parental consent.
      (2)   Client identification. shall require proof of age prior to performing procedures on any client. Proof of age is established by one of the following:
         (A)   A valid driver’s license or identification card issued by the state, or other state, and including the photograph and date of birth of the ;
         (B)   A valid military identification card issued by the United States Department of Defense;
         (C)   A valid passport;
         (D)   A resident alien card; or
         (E)   A tribal identification card.
      (3)   Release form. Before performing a procedure, the client must sign and date a release form detailing if the client has any of the following conditions:
         (A)   Diabetes;
         (B)   A history of hemophilia;
         (C)   A history of skin diseases, skin lesions or skin sensitivities to soap, disinfectants and the like;
         (D)   A history of allergies to metals;
         (E)   A history of epilepsy, seizures, fainting or narcolepsy;
         (F)   A condition where the client takes medications, such as anticoagulants, that thin the blood and/or interferes with blood clotting; or
         (G)   Any other information that would aid the in procedure process evaluation.
      (4)   Consent form. Before performing a procedure, the client must sign and date a consent form. The consent form shall disclose:
         (A)   That any tattoo should be considered permanent; it may only be removed with a surgical procedure; and any effective removal may leave scarring; or
         (B)   That any piercing may leave scarring.
      (5)   Client record management. The shall maintain proper records for each client. The records of the procedure shall be kept for two years and shall be available for inspection by the , or City Police Department upon request. The records shall include the following:
         (A)   The date of the procedure;
         (B)   Record of information on picture identification showing name, age and current address of the client;
         (C)   Copy of the release form signed and dated by the client;
         (D)   The nature of the procedure performed;
         (E)   The name and license number of the technician performing the procedure; and
         (F)   A copy of the consent form to perform the procedure on a minor with required signatures as defined in subsection (a)(1) above, if applicable.
   (b)    information. The following information shall be kept on file for three years on the premises and available for inspection by the , , or City Police Department for each , or :
      (1)   Full name;
      (2)   Home address;
      (3)   Home phone number;
      (4)   Date of birth;
      (5)   Identification photo;
      (6)   Exact duties; and
      (7)   Proof of a registration from the , registration or current registration.
   (c)   Establishment information. The following information shall be kept on file for three years on the premises and available for inspection by the , , or City Police Department:
      (1)   A description of all procedures performed;
      (2)   An inventory of instruments, body , and inks or pigments used for all procedures including the names of manufacturers, serial and lot numbers. Invoices or orders shall satisfy this requirement;
      (3)   Copies of spore tests conducted on the sterilizer; and
      (4)   A copy of this ordinance shall be available at all times on premises.
   (d)   Under the influence. No shall perform procedures while under the influence of alcohol, controlled substances as defined in M.S. § 152.01, subd. 4, as it may be amended from time to time, or hazardous substances as defined in the rules adopted under M.S. Chapter 182, as it may be amended from time to time.
   (e)    . shall provide each client with verbal and printed instructions on recommended care of the during the healing process. The printed instructions must advise the client to consult a health care professional at the first sign of infection.
   (f)   Notification. and shall notify the immediately of any reports they receive of a potential bloodborne pathogen transmission.
   (g)   Industry self-survey and training responsibility. Every licensee of a shall arrange for and maintain a program of sanitation self-inspection conducted by the owner, , or and approved by the . The self-inspection program shall include written policies, appropriate forms for logging self-inspections, and evidence that routine self-inspection of all aspects of the takes place. A description of the self-inspection program shall be available for review.
   (h)   Facilities.
      (1)   Plans. Any new or remodeled establishment shall submit to the a to-scale in sufficient detail to ascertain compliance with conditions in this Division T.
      (2)    . There shall be no less than 45 square feet of floor space for each . The (s) must be separated from the bathroom, retail sales area, hair salon area or any other area that may cause potential contamination of work surfaces. For clients requesting privacy, dividers, curtains or partitions at a minimum shall separate multiple .
      (3)    . Each establishment shall have a readily accessible that is not in a public restroom and is equipped with:
         (A)   Hot and cold running water under pressure;
         (B)   No touch faucet controls such as wrist or foot operated;
         (C)   Liquid hand soap;
         (D)    paper towels or a mechanical hand dryer or blower;
         (E)   A nonporous washable garbage receptacle with a foot-operated lid or without a lid and a removable liner; and
         (F)   A sign reminding to properly wash their hands.
      (4)   Bathrooms. Every establishment shall have at least one available bathroom equipped with a toilet and a hand lavatory. The hand lavatory shall be supplied with:
         (A)   Hot and cold running water under pressure;
         (B)   Liquid hand soap;
         (C)    paper towels or mechanical hand drier/blower;
         (D)   A garbage can;
         (E)   A door that closes; and
         (F)   Adequate ventilation.
      (5)   Lighting. The establishment shall have an artificial light source equivalent to 20 foot candles at three feet above the floor. At least 100 foot candles of light shall be provided at the level where procedures are performed, where takes place, and where instruments and are assembled.
      (6)    . All shall be smooth, nonabsorbent and easily cleanable. shall be cleaned and sanitized after each client.
      (7)   Ceilings. All ceilings shall be in good condition.
      (8)   Walls and floors. All walls and floors shall be maintained in free of open holes or cracks and washable. Floors of shall not be carpeted.
      (9)   Facilities maintenance. All facilities shall be maintained in good working order and in good condition.
      (10)    facilities. All facilities shall be maintained in a and sanitary condition.
      (11)   Facilities use. No establishment shall be used or occupied for living or sleeping quarters.
      (12)   Animals. Only service animals may be allowed in the establishment. No animals shall be allowed in the (s).
      (13)   Pest control. Effective measures shall be taken by the to prevent entrance, breeding, and harborage of insects, vermin and rodents in the establishment.
   (i)    and instruments.
      (1)   Sterile and instruments. All used as part of a piercing procedure shall be sterilized before use. All reusable instruments shall be thoroughly washed to remove all organic matter, rinsed and sterilized before and after use. All needles shall be needles and sterilized before use. All shall be conducted using steam heat or chemical vapor. Steam heat and chemical vapor units shall be operated according to the manufacturer’s specifications and the sterilizer operations shall be recorded in a written log that includes at a minimum the following information:
         (A)   Date of sterilizer operation;
         (B)   Name of the operating the sterilizer;
         (C)   Contents or items sterilized; and
         (D)   Run temperature, pressure and duration in minutes.
      (2)   Spore testing. At least once a month, but not to exceed 30 days between tests, a spore test shall be conducted on the sterilizer to ensure that it is working properly. If a positive spore test result is received, the sterilizer cannot be used until a negative result is obtained. This may result in ceasing operation until the situation is corrected.
      (3)    . must be made of surgical grade stainless steel, solid 14k or 18k white or yellow gold, niobium, titanium or platinum, and/or a dense low-porosity plastic. must be free of nicks, scratches or irregular surfaces and must be properly sterilized prior to use. Use of that is constructed of wood, bone or other porous material is prohibited.
      (4)   Inks, dyes and pigments. All inks, dyes and other pigments shall be specifically manufactured for tattoo procedures. The mixing of approved inks, dyes or pigments, or their dilution with distilled water or alcohol is acceptable.
      (5)    ink cups. Immediately before applying a tattoo, the quantity of the dye used shall be transferred from the dye bottle and placed into paper or plastic cups. Upon completion of the tattoo, these cups and their contents shall be discarded.
      (6)    and . All tables, chairs, furniture or other that may be exposed to blood or body fluids during the or piercing procedure shall be constructed of stainless steel, or other suitable material that will allow complete , and shall be sanitized between uses with a .
      (7)    towels. towels or wipes shall be provided to the client. These towels shall be dispensed in a manner that precludes contamination and disposed of in a cleanable garbage container with a liner.
      (8)   Storage of bandages. All bandages and surgical dressings used shall be sterile or bulk-packaged and stored in a , closed nonporous container.
      (9)    and instrument maintenance. All and instruments shall be maintained in a good working order and in a and sanitary condition.
      (10)   Supply storage. All instruments and supplies shall be stored and dry in covered containers stored up off the floor.
      (11)    disposable barriers or a chemical germicide. disposable barriers or a chemical germicide must be used on all that cannot be sterilized as part of the procedure as required under this section, including, but not limited to, spray bottles, procedure light fixture handles and tattoo machines.
   (j)   Skin preparation.
      (1)   Whenever it is necessary to shave the skin, a new disposable razor must be used for each client.
      (2)   The skin area subject to a procedure must be thoroughly cleaned with soap and water, rinsed thoroughly, and swabbed with an solution. Only towels or wipes shall be used in the skin cleaning process.
      (3)   No procedure shall be performed on any area of the skin where there is an evident infection, irritation or open wound.
   (k)   Hand washing and hygiene.
      (1)   Each shall scrub his or her hands and wrists thoroughly using soap, warm water and a nail brush for 20 seconds before and after performing a procedure.
      (2)    with skin infections of the hand or open sores visible or in a location that may come in contact with the client shall not perform procedures.
      (3)   The must wash his or her hands after contact with the client receiving the procedure or after contact with potentially contaminated articles.
      (4)    shall wear clothing and use a disposable barrier such as a lap cloth when performing procedures.
      (5)   For each client, disposable barriers shall be provided on all used as part of the procedure that cannot be sterilized according to subsection (i)(1) above. Examples may include, but not limited to spray bottles, procedure light fixture handles and tattoo machines.
      (6)    shall not smoke, eat or drink while performing procedures.
      (7)    shall not allow clients to leave the without first covering the tattooed area with a bandage or other covering.
   (l)   Glove use.
      (1)    gloves of adequate size and quality as to preserve dexterity shall be used for touching clients, for handling sterile instruments, or for handling blood or body fluids.
      (2)   Gloves must be changed if:
         (A)   They become damaged;
         (B)   They come in contact with any non- surface or objects; or
         (C)   They come in contact with a third .
      (3)   At a minimum, gloves shall be discarded after the completion of a procedure on a client.
      (4)   Hands and wrists must be washed before putting on a pair of gloves and after removing a pair of gloves.
      (5)   Gloves shall not be reused.
      (6)   Nonlatex gloves must be used with clients or employees who request them or when petroleum products are used.
   (m)   Proper handling and disposal of needles, other sharp instruments, blood, other body fluids and contaminated products.
      (1)    that may release liquid blood or body fluids when compressed or that may release dried blood or body fluids when handled, must be placed in an approved “red” bag that is marked with the international biohazard symbol. It must be disposed of by a licensed waste hauler at an approved site, or at a minimum, in accordance with the requirements contained in 29 C.F.R. part 1910.1030, “Occupational Exposure to Bloodborne Pathogens.”
      (2)    that does not release liquid blood or body fluids when compressed or handled may be placed in a covered receptacle and disposed of through normal, approved disposal methods.
      (3)    ready for disposal shall be disposed of in an approved .
      (4)   Storage of on-site shall not exceed the period specified by 29 C.F.R. part 1910.1030, “Occupational Exposure to Bloodborne Pathogens.”
      (5)   Maintain proof of proper disposal service at the establishment in the form of invoices or bills for three years.
(Ord. 81-19, passed 5-4-1981; Ord. 92-36, passed 7-27-1992; recodified by Ord. 95-13, passed 8-7-1995; amended by Ord. 2009-19, passed 7-6-2009; Ord. 2010-31, passed 12-6-2010)