(a) Definitions. As used in this section:
"Aseptic technique" means a practice that (i) prevents and hinders the transmission of disease-producing microorganisms from one person or place to another; and (ii) is approved as effective by the Commissioner of Public Health.
"Body piercing" means penetrating the skin to make a hole, mark or scar that is generally permanent in nature. "Body piercing" does not include (1) practices that are considered to be medical procedures; or (2) puncturing the outer perimeter or lobe of the ear using a pre-sterilized, single-use stud and clasp ear piercing system.
"Tanning facility" or "tanning facilities" means a room or booth or group of rooms or booths that houses ultraviolet lamps or products containing lamps intended for the irradiation of any part of the living human body for cosmetic or nonmedical related purposes. The term does not include any hotel or motel guest room(s) where sunlamps are installed in the restroom area.
"Tattooing" means making permanent marks on the skin of a live human being by puncturing the skin and inserting indelible colors. "Tattooing" includes imparting permanent make-up on the skin, such as permanent lip coloring and permanent eye-liner. "Tattooing" does not include any of the following: (1) the practice of electrology, as defined in the Electrologist Licensing Act, codified at 225 ILCS 412/1 et seq.; or (2) the practice of acupuncture, as defined in the Acupuncture Practice Act, codified at 225 ILCS 2/1 et seq.; or (3) the use, by a physician licensed to practice medicine in all of its branches, of colors, dyes or pigments for the purpose of obscuring scar tissue or imparting color to the skin for cosmetic, medical or figurative purposes.
(b) Application – Additional information required. In addition to the requirements set forth in Section 4-4-050, an application for, and, if requested, a renewal of, a regulated business license to engage in the business of tattooing, body piercing or tanning facility shall be accompanied by the following information:
(1) proof of insurance, as required under subsection (c)(1) of this section.
(c) Legal duties. Each licensee engaged in the business of tattooing, body piercing or tanning facility shall have a duty to:
(1) obtain commercial general liability insurance, with limits of not less than $300,000.00 per occurrence, for bodily injury, personal injury and property damage arising in any way from the issuance of the license or activities conducted pursuant to the license. The policy of insurance required under this section shall: (i) be issued by an insurer authorized to insure in Illinois; (ii) name the City of Chicago as additional insured on a primary, noncontributory basis for any liability arising directly or indirectly from the licensee's operations; and (iii) include a provision requiring 30 days' advance notice to the commissioner of health prior to cancellation or lapse of the policy. The licensee shall maintain the insurance required under this subsection in full force and effect throughout the duration of the license period. Proof of insurance shall be kept on the licensed premises, and, upon request by any authorized city official, shall be made available for inspection by such authorized city official. A single violation of this subsection may result in license revocation in accordance with Section 4-4-280;
(2) maintain the licensed premises in a clean and sanitary condition;
(3) perform body piercing or tattooing in a manner consistent with aseptic technique, as defined in this section;
(4) comply with all applicable state laws and regulations, including, but not limited to, the Tanning Facility Permit Act, codified at 210 ILCS 145/1 et seq., and the Tattoo and Body Piercing Establishment Registration Act, codified at 410 ILCS 54/1 et seq.
(d) Prohibited acts. It shall be unlawful for any licensee engaged in the business of tattooing, body piercing or tanning facility to:
(1) tattoo or to offer to tattoo any person under the age of 18;
(2) pierce any area of the body of a person under 18 years of age without written consent, or, in case of any piercing of the oral cavity, without written consent in a form prescribed by the commissioner of health that complies with 720 ILCS 5/12C-40(a) and 77 Illinois Administrative Code 797.400(l), of a parent or legal guardian of that person;
(3) allow any person under 18 years of age to tan themselves in a tanning facility, regardless of whether the person has the permission of a parent or guardian.
(e) Penalty.
(1) Any person who violates subsection (c)(1) of this section or any rule promulgated thereunder shall be subject to a fine of not less than $500.00 nor more than $1,000.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.
(2) Any person who violates subsection (c)(2), (c)(3) or (c)(4) of this section or any rule promulgated thereunder shall be subject to a fine of $250.00 for each serious offense; and a fine of $500.00 for each critical offense. Each day that a violation continues shall constitute a separate and distinct offense. The Commissioner of Public Health shall promulgate rules classifying violations of subsections (c)(2), (c)(3), and (c)(4) of this section as serious or critical.
(3) Except as otherwise provided in subsections (e)(1) and (e)(2), any person who violates this section or any rule promulgated thereunder shall be subject to a fine of not less than $2,000.00 nor more than $10,000.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.
(f) Enforcement – Rules – Closure order. The department of health shall (i) administer and enforce this section; and (ii) promulgate rules and regulations to implement the requirements of this section. In addition to any other penalty provided by law, the department of health may order, in accordance with the requirements of due process, the closure of any place where a violation of subsections (c)(2), (c)(3) or (c)(4) of this section is observed. Such closure shall remain in effect until the commissioner of health determines that the condition giving rise to the closure has been abated.
(Added Coun. J. 5-9-12, p. 27485, § 16; Amend Coun. J. 6-6-12, p. 28356, § 1B; Amend Coun. J. 11-8-12, p. 38872, § 53; Amend Coun. J. 10-28-15, p. 11951, Art. VI, § 1; Amend Coun. J. 5-18-16, p. 24253, § 1; Amend Coun. J. 11-16-16, p. 37901, Art. II, § 1; Amend Coun. J. 2-24-21, p. 27657, Art. III, § 3)