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747.01 DEFINITIONS.
   As used in this chapter:
   (a)   "Antibacterial" means a substance which inhibits and reduces the growth of bacteria.
   (b)   "Approval" means written approval from the Board of Health indicating that the tattoo and body piercing establishment has been inspected and meets all the terms of this chapter.
   (c)   "Board of Health" means the board of health of a city or general health district or the authority having the duties of a board of health under Ohio R.C. 3709.05.
   (d)   "Body piercing" means the piercing of any part of the body by someone other than a physician licensed under Ohio R.C. Ch. 4731, who utilizes a needle or other instrument for the purpose of inserting an object into the body for non-medical purposes. Body piercing includes ear piercing except when the ear piercing procedure is performed on the external ear with an ear piercing gun.
   (e)   "Body piercing establishment" means any place, whether temporary or permanent, stationary or mobile, wherever situated, where body piercing is performed, including any area under the control of the operator.
   (f)   "Business" means any entity that provides tattoo, body piercing or tattoo and body piercing services for compensation.
   (g)   "Custodian" means a person who has legal custody of a child or a public children's services agency or private child placement agency that has permanent, temporary or legal custody of a child.
   (h)   "Disinfection" means a process that kills or destroys nearly all disease-producing microorganisms, with the exception of bacterial spores.
   (i)   "Ear piercing gun" means a mechanical device that pierces the ear by forcing a disposable, single-stud or solid needle through the ear.
   (j)   "Employee" means any person over the age of eighteen years, other than a tattooist, who renders any service in connection with the operation of a tattoo or body piercing establishment and receives compensation from the operator of the business.
   (k)   "Guardian" means any person, association or corporation appointed by the probate court to have the care and management of the person, the estate or both, of an incompetent or a minor as defined by the court.
   (l)   "Infectious waste" means waste as defined in Ohio R.C. 3734.01.
   (m)   "Licensee" means the person to whom a license has been issued and who owns or operates a tattoo or body piercing establishment.
   (n)   "Operator" means any person, firm, company, corporation or association that owns, controls, operates, conducts or manages a tattoo or body piercing establishment.
   (o)   "Patron" means a person requesting and receiving body piercing or tattooing services or ear piercing with an ear piercing gun.
   (p)   "Person," "enterprise," "establishment," "organization" and "owner" mean any individual, firm, company, association, society, group, corporation, partnership, joint venture, estate, trust or other commercial or legal entity.
   (q)   "Premises" means the physical location of a body piercing establishment or tattoo establishment.
   (r)   "Revised Code" means the Revised Code of the State of Ohio.
   (s)   "Sterilize" means a process by which all forms of microbial life, including bacteria, viruses, spores and fungi, are destroyed.
   (t)   "Tattoo establishment" means any place, whether temporary or permanent, stationary or mobile, wherever situated, where tattooing, as defined in this section, is performed in any area under the control of the operators.
   (u)   "Tattooing" means any method of permanently applying a design, picture, figures, symbols or any other marks upon the body of a human person by someone other than a physician licensed under Ohio R.C. Chapter 4731, by use of needles or any other instrument used within that trade or profession under such circumstances that it is reasonably expected that the person to whom the treatment is provided, or some third person on his or her behalf, will pay money or give any other consideration or gratuity therefor.
(Ord. 98-215. Passed 9-8-98.)
747.02 LICENSE REQUIRED; PROHIBITIONS CONCERNING TATTOOING OR BODY PIERCING.
   (a)   No person shall perform a tattooing procedure or a body piercing procedure, except when the procedure is performed on the external ear with an ear piercing gun, unless he or she has a valid and current tattoo or body piercing license issued to him or her by the Board of Health pursuant to the provisions of this chapter.
   (b)   No person shall operate a business that offers tattooing or body piercing services unless the Board of Health has approved the operation of that business pursuant to Ohio R.C. 3730.03.
   (c)   No person shall perform a tattooing or body piercing procedure in a manner that does not meet the safety and sanitation standards established by the Board of Health and the rules adopted under Ohio R.C. 3730.10.
   (d)   No person shall perform a tattooing or body piercing procedure with an instrument that does not meet the safety and sanitation standards established by the Board of Health.
   (e)   No person shall perform a body piercing procedure with an ear piercing gun on any part of the body except the external ear. No person shall perform a tattooing or body piercing or ear piercing procedure with an ear piercing gun in a manner that does not meet the standards for appropriate disinfection and sterilization of invasive equipment or parts thereof according to the rules adopted under Ohio R.C. Chapter 119 and Section 3730.10.
   (f)   No person shall perform a tattooing or body piercing procedure or ear piercing procedure with an ear piercing gun on an individual who is under eighteen years of age unless consent has been given by the individual's parent, guardian or custodian in accordance with subsection (g) hereof.
   (g)   A parent, guardian or custodian of an individual under the age of eighteen who desires to give consent for a tattooing or body piercing or ear piercing procedure to be performed with an ear piercing gun on an individual under the age of eighteen shall do both of the following:
      (1)   Appear in person at the business at the time the procedure is performed;
      (2)   Sign a document provided by the business that provides for such parent's, guardian's or custodian's consent and which document explains the manner in which the procedure will be performed and methods for proper care of the affected body area following performance of the procedure.
(Ord. 98-215. Passed 9-8-98.)
747.03 LICENSE APPLICATION; FEE.
   Every applicant for a license to maintain, operate or conduct a tattoo or body piercing establishment shall file an application under oath with the Board of Health upon a form provided by the City's Department of Health and pay a non-refundable annual license fee as established by the Board of Health, pursuant to Ohio R.C. 3709.09 and Section 3701-9-03 of the Ohio Administrative Code. Copies of the application shall, within five days, be referred to the Building Department and the Fire Division. Such Department and Division shall, within thirty days, inspect the premises proposed to be operated as a tattoo or body piercing establishment and shall make written verification to the Health Commissioner concerning compliance with the codes of the City and the State that they administer.
(Ord. 98-215. Passed 9-8-98.)
747.04 LICENSE ISSUANCE.
   The Board of Health shall issue a license for a tattoo or body piercing establishment, after ratification by the Health Commissioner, along with a copy of all rules and regulations of the State and the Board of Health pertaining to the operation of tattoo or body piercing establishments, if all requirements for a tattoo or body piercing establishment, as described in this chapter, are met.
(Ord. 98-215. Passed 9-8-98.)
747.05 APPROVAL OR DENIAL OF LICENSE APPLICATION; EXPIRATION OF LICENSES.
   The Board of Health shall act to approve or deny an application for a license under this chapter within a reasonable period of time, and in no event shall the Board of Health act to approve or deny such license later than ninety days from the date the application was accepted by the Department of Health. Every license issued pursuant to this chapter will terminate at the expiration of one year from the date of its issuance unless it has been suspended or revoked.
(Ord. 98-215. Passed 9-8-98.)
747.06 MULTIPLE TATTOO OR BODY PIERCING ESTABLISHMENTS.
   Should any tattoo or body piercing establishment have more than one location where the business of tattooing or body piercing is pursued, a certificate stating the address of the principal place of business and of the other location or locations shall be issued by the Board of Health upon the tender of a fee as established by the Board of Health per year, per location. Licenses issued for other locations, if any, shall terminate on the same date as that of the principal place of business, regardless of the date of issuance.
(Ord. 98-215. Passed 9-8-98.)
747.07 POSTING OF LICENSES.
   (a)   Every tattooist or person offering body piercing services shall post the license issued by the Board of Health in his or her work area along with a front faced portrait photograph at least two inches by two inches.
   (b)   Every person, corporation, partnership or association licensed under this chapter for an establishment license shall display such license in a prominent place on the premises.
(Ord. 98-215. Passed 9-8-98.)
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