Section
115.01 Definitions
115.02 License required for tattoo establishment and/or body piercing establishment
115.03 Application for tattoo establishment and/or body piercing establishment license
115.04 Investigation of premises proposed to be used as tattoo establishment and/or body piercing establishment
115.05 Denial of tattoo establishment and/or body piercing establishment license; notice; right to hearing
115.06 Inspection of establishments by officials
115.07 Name of establishment
115.08 Change of location of establishment
115.09 Licensed tattoo and/or body piercing artists
115.10 Tattoos or body piercing at tattoo establishment and/or body piercing establishments only
115.11 Tattoo and/or body piercing artist license required
115.12 Application for tattoo artist and/or body piercing artist license
115.13 Investigation upon receipt of application for tattoo artist and/or body piercing artist license
115.14 Denial of tattoo artist and/or body piercing artist license; notice; right to hearing
115.15 Transfer of tattoo artist and/or body piercing artist license
115.16 Transfer of tattoo and/or body piercing establishment license
115.17 Posting of tattoo artist and/or body piercing artist and tattoo establishment and/or body piercing establishment licenses
115.18 Denial, suspension, or revocation of licenses; generally
115.19 Injunctive relief
115.20 Tattoo establishments and/or body piercing establishments; general provisions
115.21 Required equipment for tattoo establishments and/or body piercing establishments
115.22 Required equipment for tattoo artists, tattoo establishments, and body piercing establishments
115.23 Tattoo artist and/or body piercing artist
115.24 Communicable disease reporting
115.25 Record of patrons
115.26 Immersion methods
115.27 Sterilization methods
115.28 Packaging and storage
115.29 Needle construction; sterilization required
115.30 Tube construction; sterilization required
115.31 Tattoo and/or body piercing machine sanitization
115.32 Razor requirement
115.33 General-use equipment; sanitization required
115.34 Linen cleaning and storage
115.35 Hygienic practices; gloves required
115.36 Skin preparation
115.37 Pigment requirements
115.38 Design layout
115.39 Tattoo or body piercing application
115.40 Changing pigments
115.41 Washing of excess pigment
115.42 Use of styptics
115.43 Use of antibacterial ointment required; care instructions for tattoos
115.44 Storage of soiled equipment
115.45 Disposal of contaminated products
115.46 Jewelry preparation
115.47 Use of antibacterial ointment required; care instructions for body piercing
115.48 Care instruction for oral piercing
115.49 Ear piercing
115.50 Use of ear piercing gun
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BODY PIERCING. The placing of a permanent or temporary foreign object in a person's body, such as ears, nose, lips, genitals, nipples, or parts thereof, for a decorative or other nonmedical purpose by a person not directly under the supervision of a licensed physician as defined by SDCL § 36-4-11.
BODY PIERCING AREA, within a body piercing establishment, the immediate vicinity where body piercing is performed.
BODY PIERCING ARTIST. A person engaged in the practice of body piercing.
BODY PIERCING ESTABLISHMENT. The building or structure where body piercing is practiced.
COMMUNICABLE DISEASE. A disease, which is capable of being transmitted from person to person.
DEPARTMENT. The State Department of Health.
INFECTIOUS DISEASE. An infection, which is capable of being transmitted from person to person.
INSPECTION FEE. The amount established by the State Health Department for required inspections.
MINOR. A person who is under the age of 18 years.
PATRON. A person who receives a tattoo and/or body piercing.
TATTOO ARTIST. A person engaged in the practice of tattooing.
TATTOO ESTABLISHMENT. A building where tattooing is practiced.
TATTOOING. To puncture the skin of a person with a needle and insert indelible permanent colors through the puncture to leave permanent marks or designs.
TATTOOING AREA. Within a tattoo establishment, the immediate vicinity where tattooing is performed.
(1975 Code, § 26-1) (Ord. 1246, passed 12-6-2010)
(A) No person shall engage in, conduct, or carry on, or permit to be engaged in, conducted, or carried on, in or upon any premises within the city, a tattoo establishment and/or body piercing establishment, unless a tattoo establishment and/or body piercing establishment license has been issued by the city and unless the license remains in effect in conformity with the provisions of this chapter. The license shall expire on June 30 next following its issuance, unless reissued. Initial licenses issued during April, May, or June will expire on June 30 of the following year. The license may be revoked, for cause, by the governing body.
(B) Physicians and surgeons licensed under the provisions of SDCL § 36-4 are exempt from the requirements of this chapter.
(1975 Code, § 26-2) (Ord. 1246, passed 12-6-2010) Penalty, see § 10.99
(A) Generally. Each application for a tattoo establishment and/or body piercing establishment license shall be upon a form provided by the City Finance Officer and shall be submitted to the finance office and shall contain the following information.
(B) Information.
(1) A definition of service to be provided;
(2) The location and mailing address of the proposed establishment;
(3) The name and residence address of each applicant;
(4) If the applicant is a corporation, the names and residence addresses of each of the officers and directors of the corporation and of each stockholder owning more than 10% of the stock of the corporation, and the address of the corporation itself, if different from the address of the tattoo establishment and/or body piercing establishment;
(5) If the applicant is a partnership, the names and residence addresses of each of the partners, including limited partners, and the address of the partnership itself, if different from the address of the tattoo establishment and/or body piercing establishment;
(6) The last 2 previous addresses (if any) during the past 3 years immediately prior to the present address of the applicant;
(7) Written proof that the applicant is over the age of 18 years;
(8) Individual or partnership applicant's height, weight, color of eyes and hair, and sex;
(9) Copy of identification, such as driver's license and Social Security card;
(10) The history of the applicant in the operation of a tattoo establishment and/or body piercing establishment, or similar business or occupation, including, but not limited to, previously operating in this or another city within this state with or without license, has had the license revoked or suspended and the reason therefore, and the business activity or occupation subsequent to the action of suspension or revocation;
(11) The name and address of each tattoo artist and/or body piercing artist who is, or will be, employed in the establishment;
(12) Any other identification and information necessary to discover the truth of the matters specified in this section as required to be set forth in the application;
(13) If a corporation, the name and address of a resident agent, residing within the city, which must be kept current at all times; and
(14) Submission of a nonrefundable application fee equal to the fee charged to the city by the State Department of Health.
(1975 Code, § 26-3) (Ord. 1246, passed 12-6-2010)
The City Finance Officer shall refer any application to the State Health Department, the Fire Department, and the Planning and Building Services Department, each of which, within a period of 30 days from the date of application, shall review records and make an inspection of the premises proposed to be used as a tattoo establishment and/or body piercing establishment and shall make a written recommendation to the City Finance Officer concerning compliance with the law.
(1975 Code, § 26-4) (Ord. 1246, passed 12-6-2010)
(A) The City Finance Officer shall not issue the tattoo establishment and/or body piercing establishment a license if, based upon the investigation and reports, it is found that:
(1) The operation, as proposed by the applicant, if licensed, would not comply with all applicable ordinance statutes and state regulations; and/or
(2) The applicant has, knowingly and with intent to deceive, made any false, misleading, or fraudulent statements of fact in the permit application or any other document required by the city in conjunction therewith.
(B) For denial, notifications and reasons for the denial shall be set forth, in writing, by the Finance Officer and sent to the applicant by certified mail. The denied applicant shall, at his or her election, have the right to receive a hearing before the City Council. If a hearing is not requested within 10 days of the notice of denial by the Finance Officer, the denial shall be final.
(C) This section shall not limit causes for denial but shall be in addition to other causes for denial found by the City Finance Officer or provided by this code.
(1975 Code, § 26-5) (Ord. 1246, passed 12-6-2010)
City officials may enter the tattoo establishment and/or body piercing establishment premises, from time to time, during regular business hours for the purpose of making reasonable inspections to enforce compliance with building, fire, electrical, plumbing, or health regulations. This shall not restrict or limit the right of entry vested in any law enforcement agency.
(1975 Code, § 26-6) (Ord. 1246, passed 12-6-2010)
No person licensed to do business as provided in this chapter shall operate under any name or conduct the business under any designation not specified in the license.
(1975 Code, § 26-7) Penalty, see § 10.99
No tattoo establishment licensee shall employ or otherwise allow any person to practice as a tattoo and/or body piercing artist who is not licensed as a tattoo and/or body piercing artist under the terms of this chapter.
(1975 Code, § 26-9) (Ord. 1246, passed 12-6-2010) Penalty, see § 10.99
No person shall tattoo and/or bodily pierce or permit a tattoo and/or body piercing to be administered at or upon any public place other than a tattoo establishment and/or body piercing establishment.
(1975 Code, § 26-10) (Ord. 1246, passed 12-6-2010) Penalty, see § 10.99
(A) No person shall practice as a tattoo and/or body piercing artist within the city unless the person has a valid tattoo and/or body artist license issued by the city.
(B) The license shall expire on June 30 next following it's issuance unless reissued. The license may be revoked, for cause, by the governing body.
(C) A person who only pierces ears using a commercial ear piercing gun is required only to notify the City Finance Officer, he or she does not have to have a body piercing artist license.
(1975 Code, § 26-11) (Ord. 1246, passed 12-6-2010) Penalty, see § 10.99
(A) Each application for a tattoo artist and/or body piercing artist license shall be upon a form provided by the Finance Officer and shall be submitted to the Finance Officer.
(B) Each form shall contain the following information:
(1) The applicant's full name, residence address, and telephone number;
(2) The name and address of the tattoo establishment where the applicant is to be employed as a tattoo artist and/or body piercing artist;
(3) Whether any license to practice as a tattoo artist and/or body piercing artist has previously been denied or revoked and, if so, the reasons, dates, and places of the denial or revocation;
(4) Written proof that the applicant is over the age of 18 years; and
(5) Submission of a nonrefundable application fee set by resolution.
(1975 Code, § 26-12) (Ord. 1246, passed 12-6-2010)
(A) Each applicant must submit to a background check to determine applicant's suitability. Each new applicant shall make arrangements with a law enforcement agency and submit to the fingerprinting process. The applicant also must submit to, pay for and provide a FBI and DCI criminal background check. The applicant may be given a conditional license pending the results of the background check.
(B) The City Finance Officer shall have discretion to approve or disapprove the application depending on whether the City Finance Officer deems the applicant a suitable person to hold the license. The City Finance Officer may issue the license if the City Finance Officer is satisfied that the applicant:
(1) Is at least 18 years of age;
(2) Is not subject to epilepsy, vertigo, heart trouble, or any other infirmity of body and mind that might affect his or her ability to properly and safely administer a tattoo and/or body piercing;
(3) Has not been convicted of a felony, as defined by state law, within 3 years of the date of the application. All conditions of any felony sentence must be fulfilled;
(4) Has been fingerprinted and photographed by the Police Department;
(5) Has not been convicted of using any controlled drug or substance within 3 years prior to the date of application;
(6) Has not been convicted of any charge of possession of marijuana or any controlled drug or substance or possession with intent to distribute marijuana or any controlled drug or substance within 3 years prior to date of the application; and,
(7) Is of good moral character.
(1975 Code, § 26-13) (Ord. 1246, passed 12-6-2010; Am. Ord. 1272, passed 1-16-2012)
(A) The City Finance Officer shall not issue a tattoo artist and/or body piercing artist license if, based upon the investigation and report, it is found that the applicant has, knowingly, and with intent to deceive, made any false, misleading, or fraudulent statements of fact in the license application or in any other document required by the city in conjunction therewith.
(B) Denial, notifications and reasons for denial shall be set forth, in writing, by the Finance Officer and shall be sent to the applicant by means of certified mail. The denied applicant shall, at his or her election, have the right to a hearing before the City Council. If the hearing is not requested within 10 days of the notice of denial by the Finance Officer, the denial shall be final.
(C) This section shall not limit causes for denial but shall be in addition to other causes for denial found by the City Finance Officer or provided by this code.
(1975 Code, § 26-14) (Ord. 1246, passed 12-6-2010)
Each tattoo establishment and/or body piercing establishment licensee shall post, in a conspicuous place, within the tattoo establishment and/or body piercing establishment, the license of each tattoo artist and/or body piercing artist practicing as a tattoo artist and/or body piercing artist in the establishment and the license of the tattoo establishment and/or body piercing establishment.
(1975 Code, § 26-17) (Ord. 1246, passed 12-6-2010)
(A) Within 10 days of the denial by the City Finance Officer of an application for a tattoo establishment and/or body piercing establishment license or tattoo artist and/or body piercing artist license, the applicant may file with the Finance Officer a written request for hearing before the City Council. At the hearing, evidence shall be received for the purpose of determining whether or not the denial shall be upheld. Following the hearing, if the denial is upheld, the notification of and reasons for the decision shall be set forth, in writing, and sent to the applicant by means of certified mail.
(B) Any tattoo establishment, body piercing establishment, tattoo artist, or body piercing artist license shall be subject to suspension or revocation by the City Council for violation of any provision of this chapter, or applicable provision of any health or building code adopted by the city, city ordinance, rule, regulation or state law, regulation or provision, or for grounds that should warrant the denial of the issuance of the license in the first instance, or for the violation of any law relating to or regulating tattoo establishments and/or body piercing establishment or tattoo artists and/or body piercing artist. The suspension or revocation of a license shall be accomplished pursuant to a hearing held before the City Council at which time evidence shall be received for the purpose of determining whether or not the license shall be suspended or revoked or retained. Following the hearing, if the license is suspended or revoked, the notification of and reasons for the decision shall be set forth, in writing, and sent to the licensee by means of registered or certified mail or hand delivery. Notice of the hearing shall be in writing, directed to and delivered to applicant by means of registered or certified mail or hand delivery at least 10 days before the hearing.
(1975 Code, § 26-18) (Ord. 1246, passed 12-6-2010)
In addition to the legal remedies provided for in this code, the operation of any tattoo establishment and/or body piercing establishment in violation of the terms of this chapter shall be deemed a public nuisance and may be enjoined by the city.
(1975 Code, § 26-19) (Ord. 1246, passed 12-6-2010)
(A) Generally. A tattoo establishment and/or body piercing establishment must be a minimum of 60 square feet for 1 tattoo artist and/or body piercing artist and 40 square feet for each additional artist. A tattoo establishment and/or body piercing establishment must be physically separated from facilities used for purposes other than tattooing and/or body piercing. Floors, walls, and ceilings of the tattooing area and/or body piercing area must be smooth, easily cleanable, nonabsorbent and in good repair. A minimum of 30-foot-candles of light must be provided for applying the tattoo and/or body piercing and a minimum of 10-foot-candles for general lighting.
(1975 Code, § 26-20)
(B) Hand-washing facility required. An easily accessible hand-washing facility supplied with warm, potable, running water must be provided in or directly adjacent to the tattooing and/or body piercing area. Each hand-washing facility must be provided with liquid soap and single-use paper towels.
(1975 Code, § 26-21)
(C) Toilet facilities. Toilet facilities must be available for employee or patron use.
(1975 Code, § 26-22)
(D) General-use equipment. Tables, chairs, and other general-use equipment must be constructed of plastic, metal with enamel or porcelain coating, or stainless steel. General-use equipment must be maintained in an easily cleanable condition. Covered waste containers with single-use plastic liners must be provided.
(1975 Code, § 26-23)
(E) Animals prohibited; restricted activities. Animals other than guide dogs are prohibited in tattoo and/or body piercing establishments. Smoking, eating, and drinking are prohibited within 10 feet of the tattooing and/or body piercing area. Tattoo establishments and/or body piercing establishments may not be used for activities which are not directly associated with the practice of tattooing and/or body piercing.
(1975 Code, § 26-24)
(F) Maintenance. A tattoo establishment and/or body piercing establishment must be maintained in a clean, sanitary, vermin-free condition and in good repair.
(1975 Code, § 26-25)
(G) Inspection. A tattoo establishment and/or body piercing establishment must be inspected before any license renewal by the State Health Department to determine compliance with this chapter, state law or regulation.
(1975 Code, § 26-26)
(Ord. 1246, passed 12-6-2010) Penalty, see § 10.99
A tattoo establishment and/or body piercing establishment must be equipped with a steam pressure autoclave capable of producing 15 pounds of pressure per square inch for at least 35 minutes at a temperature of 250°F.
(1975 Code, § 26-27) (Ord. 1246, passed 12-6-2010) Penalty, see § 10.99
(A) A tattoo artist must have the following minimum equipment:
(1) Twenty-five liner tubes of whatever style and design preferred in sealed sterile envelopes;
(2) Twenty-five shader tubes of whatever style and design preferred in sealed sterile envelopes; and
(3) Fifty needle bar setups with needles attached in sealed sterile envelopes.
(B) Each tattoo establishment must have the following minimum equipment:
(1) Five hundred disposable pigment containers;
(2) Three hundred disposable latex or vinyl examination gloves;
(3) One gallon each of germicidal soap, isopropyl alcohol, and distilled water for prepping skin;
(4) Access to the applicable sterilization and sanitization measures in this chapter;
(5) Closed dust-proof containers for the exclusive storage of instruments, dyes, pigments, stencils, and other equipment; and
(6) Gauze and bandages.
(1975 Code, § 26-28)
(C) A body piercing establishment must have the following minimum equipment:
(1) Twenty-five disposable singe-use needles of each size used;
(2) Twenty-five forceps;
(3) Two hundred cotton swabs in sealed containers;
(4) Two hundred disposable cups;
(5) Three hundred disposable latex or vinyl examination gloves;
(6) One gallon each or germicidal soap, isopropyl alcohol, and distilled water for prepping skin;
(7) Access to the applicable sterilization and sanitation measures as required in this chapter, state law or regulation;
(8) Closed dustproof containers for the exclusive storage of instruments and other equipment; and
(9) Sealed gauze and bandages.
(Ord. 1246, passed 12-6-2010)
Penalty, see § 10.99
(A) Restricted activities. A tattoo artist and/or body piercing artist may not engage in the practice of tattooing and/or body piercing while under the influence of alcohol or other mind-altering drug. Minors are prohibited from the practice of tattooing and/or body piercing. A tattoo artist and/or body piercing artist who knowingly has an infectious disease in a communicable stage may not tattoo or pierce a patron. Infectious diseases include rashes, skin lesions, boils, and blood-borne diseases such as viral hepatitis B and human immunodeficiency virus infection. A tattoo artist and/or body piercing artist shall wear clean, laundered clothing and shall bathe daily. The tattoo artist's and/or body piercing artist's hair shall be secured, tied, or covered in such a fashion to prevent the hair from falling in front of the artist's shoulders when in a normal working position.
(1975 Code, § 26-29)
(B) Patrons restricted; notice posted.
(1) A tattoo artist and/or body piercing artist may not tattoo or pierce a patron without first obtaining a signed consent. The consent must include a statement by the patron that he or she is free from infectious or contagious diseases in a communicable stage. This includes rashes, skin lesions, boils, and blood-borne diseases such as viral hepatitis B and human immunodeficiency virus infection. A tattoo artist and/or body piercing artist may not tattoo or pierce a patron with evident skin lesions or skin infections or who is known or suspected to have an infectious or contagious disease in a communicable stage.
(2) Minors may not be tattooed or pierced unless the minor's parent, or legal guardian, has signed a consent form authorizing the tattoo or body piercing. No tattoo artist and/or body piercing artist may tattoo or pierce a patron who is under the influence of alcohol or other mind-altering drugs.
(3) A tattoo artist and/or body piercing artist shall conspicuously post a notice stating that it is illegal to tattoo or pierce any person under the age of 18 without the parents', or legal guardian's, signed consent.
(1975 Code, § 26-30)
(Ord. 1246, passed 12-6-2010; Am. Ord. 1249, passed 2-7-2011) Penalty, see § 10.99
A tattoo artist and/or body piercing artist shall immediately report to the State Health Department any known or suspected communicable disease associated with the practice of tattooing and/or body piercing.
(1975 Code, § 26-31) (Ord. 1246, passed 12-6-2010) Penalty, see § 10.99
A tattoo artist and/or body piercing artist shall keep a record of each patron which includes name, address, age, consent form with medical inquiry, and the locations and description of tattoos and/or body piercing. This record must be available for inspection by the City Finance Officer or his or her designated representative, and kept for a period of at least 2 years. A sample record form will be prepared and furnished each tattoo artist and/or body piercing artist by the finance office.
(1975 Code, § 26-32) (Ord. 1246, passed 12-6-2010)
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