§ 111.06  BODY ART ESTABLISHMENTS.
   (A)   Purpose. It is the purpose and intent of this section to establish standards and regulations relating to the practice of body art in order to prevent the transmission of communicable diseases and promote the general welfare of the public.
   (B)   Exemptions. The following individuals may perform body art procedures within the scope of their practice without a technician’s license:
      (1)   A physician licensed under Minn. Stat. Chapter 147, as it may be amended from time to time;
      (2)   A nurse licensed under Minn. Stat. §§ 148.171 to 148.285, as they may be amended from time to time;
      (3)   A chiropractor licensed under Minn. Stat. Chapter 148, as it may be amended from time to time;
      (4)   An acupuncturist licensed under Minn. Stat. Chapter 147B, as it may be amended from time to time;
      (5)   A physician’s assistant licensed under Minn. Stat. Chapter 147A, as it may be amended from time to time;
      (6)   A dental professional licensed under Minn. Stat. Chapter 150A, as it may be amended from time to time;
      (7)   A guest artist under Minn. Stat. § 146B.04, as it may be amended from time to time, may perform body art procedures in accordance with the requirements of Minn. Stat. § 146B.04, as it may be amended from time to time; or
      (8)   A person piercing only the outer perimeter or lobe of the ear using a pre sterilized single use stud and clasp ear piercing system.
   (C)   Prohibitions. No person shall:
      (1)   Conduct branding, cutting, subdermal implantation, microdermal, transdermal, suspension, tongue bifurcation or scarification of another person;
      (2)   Tattoo a minor;
      (3)   Pierce or tattoo the genitalia or nipples of a minor;
      (4)   Practice tattooing or piercing while under the influence of alcohol, controlled substances as defined in Minn. Stat. § 152.01(4), as it may be amended from time to time, or hazardous substances as defined in the rules adopted under Minn. Stat. Chapter 182, as it may be amended from time to time; or
      (5)   Operate a body art establishment or perform body art procedures, unless exempted above, without a license.
   (D)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      AFTERCARE. Written instructions given to a client, specific to the procedure rendered, on caring for the body art and surrounding area. These instructions must include information on when to seek medical treatment.
      ANTISEPTIC. An agent that destroys disease causing microorganisms on human skin or mucosa.
      BODY ART or BODY ART PROCEDURES. Physical body adornment using, but not limited to, tattooing and body piercing. BODY ART does not include practices and procedures that are performed by a licensed medical or dental professional if the procedure is within the professional’s scope of practice.
      BODY ART ESTABLISHMENT or ESTABLISHMENT. Any structure or venue, whether permanent, temporary or mobile, where body art is performed, except as provided in § 111.06(J). Mobile establishments include vehicle-mounted units, either motorized or trailered, and readily moveable without dissembling and where body art procedures are regularly performed in more than one geographic location.
      BODY PIERCING. The penetration or puncturing of the skin by any method for the purpose of inserting jewelry or other objects in or through the body. BODY PIERCING also includes branding, scarification, suspension, subdermal implantation, microdermal and tongue bifurcation. BODY PIERCING does not include the piercing of the outer perimeter or the lobe of the ear using a pre- sterilized single-use stud-and-clasp ear-piercing system.
      BRANDING. An indelible mark burned into the skin using instruments of thermal cautery, radio hyfrecation and strike branding.
      CITY. The City of West St. Paul.
      COMMISSIONER. The Commissioner of Health.
      CONTAMINATED WASTE. Any liquid or semi liquid blood or other potentially infectious materials; contaminated items that would release blood or other potentially infectious materials in a liquid or semi-liquid state if compressed; items that are caked with dried blood or other potentially infectious materials and are capable of releasing these materials during handling; and sharps and any wastes containing blood and other potentially infectious materials, as defined in 29 C.F.R. § 1910.1030, known as “occupational exposure to blood borne pathogens.”
      DEPARTMENT. The Department of Health.
      EQUIPMENT. All machinery, including fixtures, containers, vessels, tools, devices, implements, furniture, display and storage areas, sinks and all other apparatus and appurtenances used in the operation of a body art establishment.
      GUEST ARTIST. An individual who performs body art procedures according to the requirements under division (H) below.
      HAND SINK. A sink equipped with potable hot and cold water held under pressure, used for washing hands, wrists, arms or other portions of the body.
      HOT WATER. Water at a temperature of at least 110°F.
      JEWELRY. Any ornament inserted into a pierced area.
      LIQUID CHEMICAL GERMICIDE. A tuberculocidal disinfectant or sanitizer registered with the Environmental Protection Agency.
      MICRODERMAL. A single point perforation of any body part other than an earlobe for the purpose of inserting an anchor with a step either protruding from or flush with the skin.
      MICROPIGMENTATION OR COSMETIC TATTOOING. The use of tattoos ink or other pigmentation for semi-permanent or permanent makeup (often referred to as “microblading”) or to hide or neutralize skin discolorations.
      OPERATOR. Any person who controls, operates or manages body art activities at a body art establishment and who is responsible for the establishment’s compliance with these regulations, whether or not the person actually performs body art activities.
      PROCEDURE AREA. The physical space or room used for conducting body art procedures.
      PROCEDURE SURFACE. The surface area of furniture or accessories that may come into contact with the client’s clothed or unclothed body during a body art procedure and the area of the client’s skin where the body art procedure is to be performed and the surrounding area, or any other associated work area requiring sanitizing.
      SCARIFICATION. An indelible mark fixed on the body by the production of scars.
      SHARPS. Any object, sterile or contaminated, that may purposefully or accidentally cut or penetrate the skin or mucosa including, but not limited to, pre-sterilized single-use needles, scalpel blades and razor blades.
      SHARPS CONTAINER. A closed, puncture-resistant, leak-proof container, labeled with the international biohazard symbol, that is used for handling, storage, transportation and disposal.
      SINGLE USE. Products or items intended for one-time use which are disposed of after use on a client. This definition includes, but is not limited to, cotton swabs or balls, tissues or paper products, paper or plastic cups, gauze and sanitary coverings, disposable razors, piercing needles, tattoo needles, scalpel blades, stencils, ink cups and protective gloves.
      STERILIZATION. A process resulting in the destruction of all forms of microbial life, including highly resistant bacterial spores.
      SUBDERMAL IMPLANTATION. The implantation of an object entirely below the dermis.
      SUPERVISION. The physical presence of a technician licensed under this section while a body art procedure is being performed.
      SUSPENSION. The suspension of the body from affixed hooks placed through temporary piercings.
      TATTOOING. Any method of placing indelible ink or other pigments into or under the skin or mucosa with needles or any other instruments used to puncture the skin, resulting in permanent coloration of the skin or mucosa. TATTOOING also includes micro pigmentation and cosmetic tattooing.
      TECHNICIAN or BODY ART TECHNICIAN. Any individual who is licensed under this section as a tattoo technician or as a body piercing technician or as both.
      TEMPORARY BODY ART ESTABLISHMENT. Any place or premise operating at a fixed location where an operator performs body art procedures for no more than 21 days in conjunction with a single event or celebration.
      TONGUE BIFURCATION. The cutting of the tongue from the tip to the base, forking at the end.
   (E)   License requirements.
      (1)   General rule. No person acting individually or jointly with any other person may maintain, own or operate a body art establishment in the city without being licensed by the city pursuant to Chapter 110. The city will issue no more than two body art establishment licenses at any time.
      (2)   Application. Each application for an initial establishment license and for renewal must comply with § 110.03, as well as all requirements of this section.
      (3)   Investigation. An investigation is required pursuant to § 110.12(E). In the event an establishment adds an additional service at a different time than the original license application or any renewal application, an additional investigation fee shall be required to ensure compliance with this section.
      (4)   Inspection.
         (a)   Inspection. A pre-license inspection is required pursuant to § 110.11.
         (b)   Access to premises. The operator of the body art establishment shall, upon request of the city, permit city employees access to all parts of the establishment at any reasonable time for the purpose of inspection. The operator shall allow review of any records necessary for the city to ascertain compliance with this section.
         (c)   Interference with city employees. No person shall interfere with or hinder the city in the performance of its duties, or refuse to permit any city employee to make the inspections.
      (5)   Drawing of premises. The applicant shall submit a scaled drawing of the premises with the license application. If the licensed premises is enlarged, altered or extended, the licensee shall inform the city and provide an amended drawing.
      (6)   Locations and persons ineligible for a license.
         (a)   No license under this section shall be issued for a location:
            1.   That is a temporary body art establishment or mobile establishment;
            2.   That is located in a private residence;
            3.   That is licensed to sell intoxicating liquor, non intoxicating liquor or is licensed as a sexually-oriented business;
            4.   That is not a compact and contiguous space specified in the approved license application;
            5.   On which taxes, assessments or other financial claims of the state, county, school district or city are due, delinquent or unpaid. In the event a suit has been commenced under Minn. Stat. §§ 278.01 through 278.03, as they may be amended from time to time, questioning the amount or validity of taxes, the City Council may on application waive strict compliance with this provision; no waiver may be granted, however, for taxes or any portion thereof, which remain unpaid for a period exceeding one year after becoming due; and/or
            6.   That is not properly zoned or does not have approved building permits, if required.
         (b)   No license shall be issued to an applicant or an officer, director, partner or manager of body art establishment who is:
            1.   Is a minor at the time the application is filed; or
            2.   Is not a citizen of the United States, a resident alien or does not have the legal authority to be employed in the United States.
      (7)   Hours of operation. A licensed premises shall not be open for business before 7:00 a.m. or after 11:00 p.m.
      (8)   Transfer of license. A body art establishment license must be issued to a specific person and/or entity and for a specific location. It is not transferable.
      (9)   Records. The following information must be kept on file for three years on the premises of the establishment and must be made available for inspection upon request by the city:
         (a)   A description of all body art procedures performed by the establishment;
         (b)   Copies of the spore tests conducted on each sterilizer;
         (c)   The following information for each technician or guest artist employed or performing body art procedures in the establishment:
            1.   Name;
            2.   Home address;
            3.   Home telephone number;
            4.   Date of birth;
            5.   Copy of an identification photo; and
            6.   License number or guest artist license number.
         (d)   For each client, the body art establishment operator shall maintain proper records of each procedure. The records of the procedure must be kept for three years and must be available for inspection by the city upon request. The record must include the following:
            1.   The date of the procedure;
            2.   The information on the required picture identification showing the name, age and current address of the client;
            3.    A copy of the authorization form signed and dated by the client required under division (I)(2) below;
            4.   A description of the body art procedure performed;
            5.   The name and license number of the technician performing the procedure;
            6.    A copy of the consent form required under division (I)(4) below; and
            7.   If the client is under the age of 18 years, a copy of the consent form signed by the parent or legal guardian as required under division (I)(3)(a) below.
      (10)   Insurance.
         (a)   Professional liability insurance. All licensees shall have at all times a valid certificate of insurance issued by an insurance company licensed to do business in the state indicating that the licensee has current coverage of professional liability insurance in the amount of at least $1,000,000.
         (b)   Worker’s compensation insurance. All licensees shall provide the city with proof of worker’s compensation insurance as required by Minn. Stat. § 176.182, as it may be amended from time to time, for all its employees.
   (F)   Body art technicians.
      (1)   No individual may perform tattooing unless the individual holds a valid tattoo technician license issued by the Commissioner of Health under Minn. Stat. § 146B.03, as it may be amended from time to time, except as provided in division (B) above.
      (2)   No individual may perform body piercing unless the individual holds a valid body piercing technician license issued by the Commissioner of Health under Minn. Stat. § 146B.03, as it may be amended from time to time, except as provided in division (B) above.
      (3)   If an individual performs both tattooing and body piercing, the individual must hold a valid dual body art technician license.
   (G)   Denial, suspension or revocation of license.
      (1)   Grounds for denial, suspension or revocation. In addition to the grounds stated in § 110.12(B), any license may be denied, suspended or revoked if any of the following conditions exist and the owner or operator of a licensed establishment may be ordered by the city to discontinue all operations of a licensed body art establishment:
         (a)   Evidence of a sewage backup in an area of the body art establishment where body art activities are conducted;
         (b)   Lack of potable, plumbed or hot or cold water to the extent that hand washing or toilet facilities are not operational;
         (c)   Lack of electricity or gas service to the extent that hand washing, lighting or toilet facilities are not operational;
         (d)   Significant damage to the body art establishment due to tornado, fire, flood or another disaster;
         (e)   Evidence of an infestation of rodents or other vermin;
         (f)   Evidence of any individual performing a body art procedure without a license as required under this section;
         (g)   Evidence of existence of a public health nuisance;
         (h)   Use of instruments or jewelry that are not sterile;
         (i)   Failure to maintain required records;
         (j)   Failure to use gloves as required;
         (k)   Failure to properly dispose of sharps, blood or body fluids, or items contaminated by blood or body fluids;
         (l)   Failure to properly report complaints of potential blood borne pathogen transmission to the Commissioner;
         (m)   Evidence of a positive spore test on the sterilizer if there is no other working sterilizer with a negative spore test in the establishment;
         (n)   The correct license fee has not been tendered to the city and, in the case of a check or bank draft, honored with payment upon presentation;
         (o)   The operation, as proposed by the applicant, if permitted, would not comply with all applicable laws, including, but not limited to, the city’s business, zoning and health regulations;
         (p)   The applicant has operated a tattoo or body piercing establishment and has had a license denied, revoked or suspended for any of the cases given in this section by the city or any other state or local agency within five years prior to the date of the application;
         (q)   The applicant, owner or operator has been convicted of any crime directly related to the business licensed and who has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of the licensed business as prescribed by Minn. Stat. § 364.03(3), as it may be amended from time to time;
         (r)   The applicant, owner or operator denies access to city or state officials who are attempting to determine compliance with the city code;
         (s)   The applicant is not of good moral character or repute; or
         (t)   Other good cause.
      (2)   Hearing. The City Council or its designee may hold a hearing to take action on an establishment license pursuant to § 110.12(D).
   (H)   Health and safety standards.
      (1)   Establishment standards. The body art establishment must meet the health and safety standards in this division (H) before a licensed technician may conduct body art procedures at the establishment.
         (a)   There shall be no less than 45 square feet of floor space for each procedure area. The procedure area(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.
         (b)   For clients requesting privacy, at a minimum, a divider, curtain or partition must be provided to separate multiple procedure areas.
         (c)   All procedure surfaces must be smooth, nonabsorbent and easily cleanable.
         (d)   The establishment must have an accessible hand sink that is not in a public restroom and is equipped with:
            1.   Hot and cold running water under pressure;
            2.   No touch faucet controls such as wrist or foot operated;
            3.   Liquid hand soap;
            4.    Single-use paper towels or a mechanical hand drier or blower;
            5.   A nonporous washable garbage receptacle with a foot-operated lid or with no lid and a removable liner; and
            6.   A sign reminding technicians to properly wash their hands.
         (e)   The establishment must have at least one available bathroom equipped with a toilet and hand lavatory. The hand lavatory shall be supplied with:
            1.   Hot and cold running water under pressure;
            2.   Liquid hand soap;
            3.    Single-use paper towels or a mechanical hand drier or blower;
            4.   A garbage receptacle;
            5.   A door that closes; and
            6.   Adequate ventilation.
         (f)   Ceilings in the body art establishment must be in good condition.
         (g)   All walls and floors must be free of open holes or cracks and be washable and no carpeting may be in areas used for body art procedures unless the carpeting is entirely covered with a rigid, nonporous, easily cleanable material.
         (h)   All facilities within the establishment must be maintained in a clean and sanitary condition and in good working order.
         (i)   No animals may be present during a body art procedure, unless the animal is a service animal.
      (2)   Standards for equipment, instruments and supplies. Equipment, instruments and supplies must comply with the health and safety standards in this section before a licensed technician may conduct body art procedures.
         (a)   Jewelry used as part of a body art procedure must be made of surgical implant-grade stainless steel, solid 14-karat or 18-karat white or yellow gold, niobium, titanium or platinum or a dense low-porosity plastic. Use of jewelry that is constructed of wood, bone or other porous material is prohibited.
         (b)   Jewelry used as part of a body art procedure must be free of nicks, scratches or irregular surfaces and must be properly sterilized before use.
         (c)   Reusable instruments must be thoroughly washed to remove all organic matter, rinsed and sterilized before and after use.
         (d)   Needles must be single-use needles and sterilized before use.
         (e)   Sterilization must be conducted using steam heat or chemical vapor.
         (f)   All sterilization units must be operated according to the manufacturer’s specifications.
         (g)   At least once a month, but not to exceed 30 days between tests, a spore test must be conducted on each sterilizer used to ensure proper functioning. If a positive spore test result is received, the sterilizer at issue may not be used until a negative result is obtained.
         (h)   All inks and other pigments used in a body art procedure must be specifically manufactured for tattoo procedures.
         (i)   Immediately before applying a tattoo, the ink needed must be transferred from the ink bottle and placed into single use paper or plastic cups. Upon completion of the tattoo, the single-use cups and their contents must be discarded.
         (j)   All tables, chairs, furniture or other procedure surfaces that may be exposed to blood or body fluids during the body art procedure must be cleanable and must be sanitized after each client with a liquid chemical germicide.
         (k)   Single-use towels or wipes must be provided to the client. These towels must be dispensed in a manner that precludes contamination and disposed of in a nonporous washable garbage receptacle with a foot-operated lid or with no lid and a removal liner.
         (l)   All bandages and surgical dressings used must be sterile or bulk packaged clean and stored in a clean, closed nonporous container.
         (m)   All equipment and instruments must be maintained in good working order and in a clean and sanitary condition.
         (n)   All instruments and supplies must be stored clean and dry in covered containers.
         (o)   Single-use disposable barriers or a chemical germicide must be used on all equipment 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.
      (3)   Standards for body art procedures. All body art procedures must comply with the health and safety standards in this section.
         (a)   The skin area subject to a body art procedure must be thoroughly cleaned with soap and water, rinsed thoroughly and swabbed with an antiseptic solution. Only single-use towels or wipes may be used to clean the skin.
         (b)   Whenever it is necessary to shave the skin, a new disposable razor must be used for each client. The disposable razor must be discarded after use.
         (c)   No body art procedure may be performed on any area of the skin where there is an evident infection, irritation or open wound.
         (d)   Glove use.
            1.   Single-use nonabsorbent gloves of adequate size and quality to preserve dexterity must be used for touching clients, for handling sterile instruments or for handling blood or body fluids.
            2.   Non-latex gloves must be used with clients or employees who request them or when petroleum products are used.
            3.   Gloves must be changed if a glove becomes damaged or comes in contact with any non clean surface or objects or with a third person.
            4.   At a minimum, gloves must be discarded after the completion of a procedure on a client.
            5.   Hands and wrists must be washed before putting on a clean pair of gloves and after removing a pair of gloves.
            6.   Gloves shall not be reused.
      (4)   Standards for technicians. Technicians must comply with the health and safety standards in this section.
         (a)   Technicians must scrub their hands and wrists thoroughly before and after performing a body art procedure, after contact with the client receiving the procedure, and after contact with potentially contaminated materials.
         (b)   A technician may not smoke, eat or drink while performing body art procedures.
         (c)   A technician may not perform a body art procedure if the technician has any open sores visible or in a location that may come in contact with the client.
         (d)   Technicians shall wear clean clothing and use a disposable barrier such as a lap cloth when performing body art procedures.
         (e)   For each client, single-use disposable barriers shall be provided on all equipment used as part of a procedure that cannot be sterilized. Examples include spray bottles, light fixture handles and tattoo machines.
         (f)   Technicians shall not allow clients to leave the procedure area without first covering the tattooed area with a bandage or other clean covering.
      (5)   Contamination standards.
         (a)   Infectious waste and sharps must be managed according to Minn. Stat. §§ 116.76 to 116.83, as they may be amended from time to time, and must be disposed of by an approved infectious waste hauler at a site permitted to accept the waste, according to Minn. Rules 7035.9100 to 7035.9150. Sharps ready for disposal must be disposed of in an approved sharps container.
         (b)   Contaminated waste 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.
         (c)   Contaminated waste 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.
         (d)   Storage of contaminated waste on site must not exceed the period specified by 29 C.F.R. § 1910.1030.
   (I)   Professional standards.
      (1)   Proof of age. A technician shall require proof of age before performing any body art procedure on a client. Proof of age must be established by one of the following methods:
         (a)   A valid driver’s license or identification card issued by the state or another state that includes a photograph and date of birth of the individual;
         (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.
      (2)   Disclosure and authorization form.
         (a)   Before performing any body art procedure, the technician must provide the client with a disclosure and authorization form that indicates whether the client has:
            1.   Diabetes;
            2.   A history of hemophilia;
            3.   A history of skin diseases, skin lesions or skin sensitivities to soap or disinfectants;
            4.   A history of epilepsy, seizures, fainting or narcolepsy;
            5.   Any condition that requires the client to take medications such as anticoagulants that thin the blood or interfere with blood clotting; or
            6.   Any other information that would aid the technician in the body art procedure process evaluation.
         (b)   The form must include a statement informing the client that the technician shall not perform a body art procedure if the client fails to complete or sign the disclosure and authorization form, and the technician may decline to perform a body art procedure if the client has any identified health conditions.
         (c)   The technician shall ask the client to sign and date the disclosure and authorization form confirming that the information listed on the form is accurate.
      (3)   Minors; parent or legal guardian consent; prohibitions.
         (a)   A technician may perform body piercings on an individual under the age of 18 if the individual’s parent or legal guardian is present and a consent form under division (I)(4) below and the authorization form under division (I)(2) above is signed by the parent or legal guardian in the presence of the technician, and the piercing is not prohibited under division (I)(3)(c) below.
         (b)   No technician shall tattoo any individual under the age of 18 regardless of parental or guardian consent.
         (c)   No nipple or genital piercing, branding, scarification, suspension, subdermal implantation, microdermal or tongue bifurcation shall be performed by any technician on any individual under the age of 18 regardless of parental or guardian consent.
         (d)   No technician shall perform body art procedures on any individual who appears to be under the influence of alcohol, controlled substances as defined in Minn. Stat. § 152.01(4), as it may be amended from time to time, or hazardous substances as defined in rules adopted under Minn. Stat. Chapter 182, as it may be amended from time to time.
         (e)   No technician shall perform body art procedures while under the influence of alcohol, controlled substances as defined under Minn. Stat. § 152.01(4), as it may be amended from time to time, or hazardous substances as defined in the rules adopted under Minn. Stat. Chapter 182, as it may be amended from time to time.
         (f)   No technician shall administer anesthetic injections or other medications.
      (4)   Consent form. Before performing a body art procedure, the technician shall obtain from the client a signed and dated informed consent form. The consent form must disclose:
         (a)   That a tattoo is considered permanent and may only be removed with a surgical procedure and that any effective removal may leave scarring; or
         (b)   That body piercing may leave scarring.
      (5)   Personal privacy. Before performing any body art procedure, the technician shall offer and make available to the client personal draping, as appropriate.
      (6)   Aftercare instructions. A technician shall provide each client with verbal and written instructions for the care of the tattooed or pierced site upon the completion of the procedure. The written instructions must advise the client to consult a health care professional at the first sign of infection.
      (7)   State and local public health regulations. An operator and technician shall comply with all applicable state, county and municipal requirements regarding public health.
      (8)   Notification. The operator of the body art establishment shall immediately notify the Commissioner and the local health authority of any reports of a potential blood-borne pathogen transmission.
   (J)   Exception.  A business is not required to obtain a body art establishment license if it is engaged solely in cosmetic tattoing limited to permanent or semi-permanent cosmetic procedures where pigmentation is implanted into and under the skin to create permanent or semi-permanent coloration to the lips, eyelids, eyebrows, hairline, scarred tissue, or areola area, and the business does not perform other forms of body art as defined by this section.
(Ord. 20-004, passed 3-23-2020)