Tattoo Parlor Ordinance

8/3/2019 Tattoo Parlor Ordinance

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DRAFT TATTOO PARLOR ORDINANCE

Section 5-38-01 PURPOSE

The purpose of this ordinance is to set forth permitting procedures and

requirements for the maintenance and operation of body art establishments that will

protect and promote the public health, safety, and welfare, and prevent the spread ofdisease.

Section 5-38-02 DEFINITIONS

As used in this Chapter, the following terms, phrases, words, and derivations shall

have the meaning given herein. The word "shall" is always mandatory and not merely

directory.

A. Aftercare Instruction

Written instruction given to the patron about caring for the body art and

surrounding area. Aftercare instruction shall be specific as to the procedure

rendered, shall inform the patron regarding normal healing after a body artprocedure, and shall not discourage the patron from consulting a physician when

the body art is healing abnormally.

B. Antiseptic

An agent that destroys or inhibits disease-causing microorganisms on human skin

or mucosa.

C. Body Art Procedure

The practice of physical body adornment using, but not limited to the following

techniques: body piercing, tattooing, cosmetic tattooing, branding, and

scarification. This definition does not include practices that are considered

medical procedures by a state medical board and which are not performed in abody art establishment.

D. Body Art Establishment

Any place or premises, whether public or private, temporary or permanent, where

any body art procedure is performed.

E. Body Art EquipmentAll machinery, including fixtures, containers, vessels, tools, devices, implements,

furniture, display and storage areas, sinks, and all other apparatus and

appurtenances used in connection with the operation of a body art establishment.

F. Body Art Technician

Those who perform any body art procedure at a body art establishment.

G. DecontaminationThe use of disinfectant and cleansing resulting in the elimination of pathogenic

microorganisms from objects and surfaces so they are safe to handle, use ordiscard. Disinfection describes a process that eliminates many or all-pathogenic

microorganisms on inanimate objects with the exception of bacterial spores and is



usually accomplished by the use ofliquid chemicals or wet pasteurization.

Cleaning is the removal of visible soil (e.g., organic and inorganic material) from

objects and surfaces normally is accomplished by manual or mechanical means

using water with detergents or enzymatic products. Thorough cleaning is essential

before high-level disinfection.

H. Patron PormsDocuments which patrons are required to complete prior to a body art procedure.

1. Infectious Waste

Any liquid or semi-liquid blood or other potentially contaminated materials,

contaminated items that would release blood, or other potentially infectious

material in a liquid or semi-liquid state if compressed. Items that are caked with

dried blood or other potentially infectious materials capable of releasing these

materials during handling, including sharps, and any other wastes containing

blood and other potentially infectious materials as defined by regulations

promulgated by the Occupational Safety and Health Administration in the Code

ofPederal Regulations governing blood borne pathogens (for example 29 C.P.R.

1910.1030 known as Occupational Exposure of Bloodborne Pathogens).

J. Operator

Any person who controls, operates, executes or manages any body art procedure

at a body art establishment and any other person who is responsible for

compliance with this ordinance, whether actually performing body art activities ornot.

K. Owner

Any person who alone or jointly or severally with others has legal title to any

body art establishment with or without accompanying actual possession thereof,

or has charge, care, or control of any body art facility as legal or equitable owner

or lessee, or is an executor, administrator, trustee, conservator, or guardian of theestate of the owner.

L. Patron

Any person who receives a body art procedure in a body art establishment.

M. License

A written form of authorization granted in accordance with Boise City Code 5-02

and this ordinance.

N. Person

Any individual, public or private corporation and its officers, partnership,

association, firm, trustee, executor of an estate, the State or its departments,

institution, bureau, agency, county, city, political subdivision, or any legal entity

recognized by law.

O. Personal Service Station

A booth, table, or chair in which a body art procedure is provided.



P. Sterilization

The complete elimination or destruction of all forms of microbial life, including

viruses and spores, accomplished by either physical or chemical processes,

including steam under pressure, dry heat, ethylene oxide (ETa) gas, hydrogen

peroxide gas plasma, and liquid chemicals.

Q . TattooA mark or design made on or under the skin by a process of pricking or ingraining

an indelible pigment, dye or ink into the skin. This term includes all forms of

cosmetic tattooing.

R. Universal Precautions

The approach to infection control that assumes all human blood and certain

human body fluids are treated as if known to be infectious for HIV, HBV, and

other bloodbome pathogens. A set of guidelines and controls codified in 29 CFR

1910-1030 - Occupational Exposure to Bloodbome Pathogens - or successor rule,

and the Needlestick Safety and Prevention Act or 2000, or successor statute.

Precautions include hand-washing, gloving, personal protective equipment, injury

prevention, and proper handling and disposal of needles, other sharp instruments,

and blood and body fluid contaminated items.

S. All other words and phrases used in this Chapter, the definition of which is not

herein given, shall be given their ordinary and commonly understood and

accepted meaning.

Section 5-38-03 GENERAL PROVISIONS

A. Jurisdiction

This ordinance applies to owners and operators of body art establishments, and to

technicians performing body art procedures. This ordinance does not apply to

physicians licensed in the State of Idaho to use body art procedures in the practice

of medicine. This ordinance also does not apply to individuals who pierce only

the lobe of the ear with a pre-sterilized single-use stud-and clasp ear-piercing

system.

B. Penalty

Any person violating any of the provisions of this Chapter shall be deemed guilty

of a misdemeanor and upon conviction thereof can be fined in an amount not

exceeding one thousand dollars ($1000.00), or be imprisoned for a period not

exceeding six (6) months, or be both so fined and imprisoned.

C. SeveranceIf any section, subsection, sentence, clause, or phrase of this ordinance is for any

reason held to be invalid or unconstitutional by a decision of any court of

competent jurisdiction, such decision shall not affect the validity of the remaining

portions of this ordinance.

Section 5-38-04 LICENSE REQUIRED



A. It shall be unlawful for any person to engage in the practice of, or attempt to

practice any body art procedure for a fee or for a gratuity without first obtaining a

valid and current body art technician license as provided for in this Chapter..(/ - ' . r f ' . .1/ \ , I/l-

B. It shall be unlawful for anyperson to engage in, operate, conduct, or carryon, or

maintain the operation of a body art establishment as defined in this chapter in or

upon any premises in Boise City without first obtaining a valid and current body

art establishment license as provided for in this Chapter.

Section 5-38-05

LICENSE

APPLICATION FOR BODY ART ESTABLISHMENT

Application for a license to operate a body art establishment shall be made to the

City Clerk accompanied by the annual fee hereinafter prescribed. The application shall

contain the following:

A. The physical location and mailing address of the proposed establishment.

B. The name and residence address of the applicant.

C. The Employer Identification Number of a corporate, partnership or company

application or the Social Security Number of an individual applicant.

D. If applicant is a partnership, limited liability company, or a corporation, (1) the

names and residence addresses of each of the members, officers, directors, and

manager of said business entity and of each person owning more than ten percent

(10%) of the shares or ownership interest of the business entity, and (2) the

address of the business entity itself, if different from the address of the proposed

body art establishment. Each member, officer, director and manager shall beconstrued as a joint applicant for a body art establishment license.

E. Written proof that the applicant is over the age of eighteen (18) years.

F. The height, weight, color of hair and eyes of each applicant or joint applicant.

G. One photograph of the applicant taken within thirty (30) days of the date of

application at least two inches by two inches (2" x 2"). If the applicant is a

business entity, one photograph at least two inches by two inches (2" x 2") of each

member, officer, director and manager.

H. The business, occupation, or employment history of the applicant for the five (5)

years immediately preceding the date of the application, including the name,

dates, location and nature of same.

1. The history of the applicant in the operation of a body art establishment or similar

business or occupation, including, but not limited to: (1) whether or not such



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person, in previously operating in this or another city in Idaho and any other state,

has had a license to perform any body art procedure or similar license or

application denied, revoked or suspended within five (5) years immediately

preceding the date of application,; (2) the reason for the denial, revocation, or

suspension, and (3) the business activity or occupation subsequent to such denial,

revocation, or suspension.

J. Whether the applicant, including any joint applicant, within five (5) years prior to

making application has been convicted of, paid any fine, been placed on

probation, received a deferred sentence, received a withheld judgment, suffered

the forfeiture of a bond for failure to appear or completed any sentence of

confinement for any felony or nontraffic misdemeanor.

K. The name and address of each operator and body art technician who is or will be

employed in said establishment.

L. Authorization for the City, its agents, and employees to seek information and

conduct an investigation pursuant to Idaho Code Section 67-3008 into the truth of

the statements set forth in the application and the qualifications of the applicant

for the permit.

M. An applicant who was not licensed by this Chapter for the year immediately

preceding the current application shall be required to be fingerprinted by an

appropriate agency designated by the City Clerk. Cost of taking and processing

such fingerprints shall be borne by the applicant. The City Clerk is authorized to

perform or request criminal history checks of any applicant including a national

background check by the Federal Bureau of Investigation. Pursuant to Idaho

Code Section 67-3008 the City Clerk may forward an applicant's fingerprints

through the Idaho State Police to the Federal Bureau of InvestigationIdentification Division for a national background check. Unless otherwise

provided for by law, criminal history records shall not be disseminated to a

private entity.

Section 5-38-06 APPLICATION FOR BODY ART TECHNICIAN LICENSE

Application for a body art technician's license shall be made to the City Clerk

accompanied by the annual license fee, and the application shall include the following:

A. Name and residence address and all previous residential addresses immediately

prior to the present address of applicant for a period of five (5) years from date ofapplication.

B. Social security number.

C. Written proof that the applicant is at least eighteen (18) years of age.



D. Weight, height, color of hair and eyes.

E. Two (2) front face photographs taken within thirty (30) days of the date of

application and at least two inches by two inches (2" x 2") in size.

F. The business, occupation, or employment of the applicant for five (5) years

immediately preceding the date of application.

G. The body art procedure or similar business license history of the applicant, and

whether the applicant has had such license to perform any body art procedure or

similar license or application in this or another city in Idaho and any other state

denied, revoked or suspended within five (5) years immediately preceding the

date of application,; (2) the reason for the denial, revocation, or suspension, and

(3) the business activity or occupation subsequent to such denial, revocation, or

suspension.

H. Whether the applicant within three (3) years immediately prior to the date of

application has been convicted of, paid any fine, been placed on probation,received a deferred sentence, received a withheld judgment, suffered the forfeiture

of a bond for failure to appear or completed any sentence for confinement for any

felony or nontraffic misdemeanor.

1. Authorization for the City, its agents and employees to seek information and

conduct an investigation pursuant to Idaho Code Section 67-3008 into the truth of

the statements set forth in the application and the qualifications of the applicant

for the permit.

J. An applicant who was not licensed by this Chapter for the year immediately

preceding the current application shall be required to be fingerprinted Cost oftaking and processing such fingerprints shall be borne by the applicant. The City

Clerk is authorized to perform or request criminal history checks of any applicant

including a national background check by the Federal Bureau ofInvestigation.

Pursuant to Idaho Code Section 67-3008 the City Clerk may forward an

applicant's fingerprints through the Idaho Department of Law Enforcement to the

Federal Bureau of Investigation Identification Division for a national background

check. Unless otherwise provided for by law, criminal history records shall not be

disseminated to a private entity.

K. Each body art technician license application shall include current proof of

successful completion of an approved course on blood borne pathogens andprevention of disease transmission. Courses considered approved by the City

Clerk may include those administered by one of the following: the American Red

Cross, United States Occupational Safety and Health Administration (OSHA), or

(insert online course and other course specifically offered by tattoo

organizations) .



Section 5-38-07 INVESTIGATION AND RECEIPT OF APPLICATION

Upon receipt of an application for a license, the City Clerk shall direct an

investigation into the applicant and obtain recommendations and advice from the Police

Department, Fire Department, Building Department, and the Central District Health

Department. The applicant for either a body art establishment license or body art

technician license shall submit to an interview for such further information andidentification as may be deemed necessary by any officer of the City, and shall afford the

City Clerk and any other department or member thereof of the City reasonable

opportunity to inspect the facilities for which the license is requested.

Section 5-38-08 TERM AND FEE OF LICENSES

A. After receipt of timely recommendations from the Police Department, Fire

Department, Building Department, and the Central District Health Department,

the City Clerk will determine whether the applicant meets all applicable

conditions and qualifications under this Chapter.

B. The City Clerk shall issue an annual license to a body art establishment if all

qualifications and conditions of this Chapter have been met. Each license shall

expire at the end of one year from the date of its issuance, unless sooner revoked

or surrendered. Licenses shall not be transferable. A provisional license may be

issued pending completion of the required investigation.

C. The City Clerk shall issue an annual license to each body art technician if all

qualifications and conditions of this Chapter have been met. Each license shall

expire at the end of one year from the date of its issuance, unless sooner revoked

or surrendered. Licenses shall not be transferable. A provisional license may be

issued pending completion of the required investigation.

D. The required annual non-refundable license fee for a body art establishment or a

body art technician shall be in an amount established by the Boise City Council.

Such fee must be paid before a license will be issued.

E. Each body art establishment shall remit a fee of twenty-five dollars ($25.00) to

the Central District Health Department for a health inspection consistent with this

Chapter.

F. All licenses issued pursuant to this Chapter shall be prominently and

conspicuously displayed on the premises of the body art establishment.

Section 5-38-09 DENIAL, REVOCATION OR SUSPENSION OF

BODY ART ESTABLISHMENT OR BODY ART TECHNICIAN LICENSE

A. The City Clerk shall refuse to issue a license to a body art establishment or a body

art technician license if it is found that:



1. The correct license fees have not been tendered to the appropriate party,

and, in the case of a check or bank draft, honored with payment upon

presentation.

2. The operation, as proposed by the applicant, if permitted, would not

comply with all applicable laws, including, but not limited to, the City's

building, zoning, and health regulations.

3. Within five (5) years prior to making application, the applicant or manager

or other person principally in charge of the operation of the business, or

the person or persons owning more than ten percent (10%) of the shares or

ownership interest of the business entity have been convicted of, paid any

fine, been placed on probation, received a deferred sentence, received a

withheld judgment, suffered the forfeiture of a bond for failure to appear

or completed any sentence of confinement for any felony or nontraffic

misdemeanor.

4. The applicant has knowingly made any false, misleading, or fraudulent

statement of fact in the application or in any document required to be

submitted in support thereof.

5. The applicant has had a body art establishment or body art technician

license or other similar license denied, revoked, or suspended for any of

the above causes by the City or any other state or local agency within five

(5) years prior to the date of the application.

6. The manager or other person principally in charge of the operation of the

business is not at least eighteen (18) years of age

a. The applicant, if an individual, is not at least eighteen (18) years of

age.

b. The applicant, if a business entity, is managed by or has any

member, officer, or director under eighteen (18) years of age.

B. All persons licensed hereunder must continue throughout the license period to

have all of the qualifications and none of the disqualifications as provided for in

this Chapter.

Section 5-38-10 CHANGE OF STATUS OF LICENSEEA. Every body art establishment licensee shall report within one business day (24

hours excluding weekends and national holidays) to the City Clerk any and all

changes of ownership or management of the body art establishment, including,

but not limited to, changes of manager or other person principally in charge,

officers, directors, person or persons owning more than ten percent (10%) of the

shares or ownership interest of the business entity, and any and all changes of



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name, style, or designation under which the business is to be conducted; any and

all changes of business address or telephone numbers where the business is to be

conducted; any and all changes or transfers of operators or body art technicians

employed in the business whether by new or renewed employment, discharge or

termination, or otherwise.

B. Every body art technician shall report within one business day (24 hours

excluding weekends and national holidays) to the City Clerk any and all changes

of employment, whether by new or renewed employment, discharge or

termination, or otherwise, giving the name and address of the former employer, if

any, and the name and address of the new employer, if any.

Section 5-38-11 GENERAL PROVISIONS

A. No body art procedure shall be performed at any place other than a personal

service station at a licensed body art establishment.

B. No body art procedure shall be performed in exchange for or offered in

exchange for alcohol, drugs, firearms, or payment or discharge of unlawful debts

including but not limited to gambling debts.

C. Only service animals may be allowed in the body art establishment. No animals

shall be allowed in the procedure area(s).

Section 5-38-12 OPERA TING AND SANITARY REQUIREMENTS

Unless otherwise ordered or approved by the City Clerk, each body art

establishment shall be constructed, operated, and maintained to meet the following

minimum requirements:

A. Physical Facilities:

1. Walls, floors, tables, counters, chairs, and other surfaces where personal

service stations are located shall be constructed of an impervious, smooth

material that may be decontaminated or cleansed.

2. There shall be a minimum of forty five (45) square feet of floor space foreach body art technician.

3. There shall be the capacity to screen off any personal service station from

the view of other persons.

4. There shall be a waste container which is constructed of heavy-gradeplastic or metal, covered, and foot-pedal operated.

5. There shall be a lavatory accessible exclusively to patrons and

establishment employees. The lavatory shall have a toilet and a hand

washing sink with hot and cold water, liquid hand soap, and single-use

towels. Body art equipment shall not b~ washed in the lavatory. The-.. ""'-. r.-J I .•. :-11 ' - 1 I,,; , q !I

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floors and walls in the lavatory must be constructed of smooth,

nonabsorbent materials.

6. There shall be a sink with hot and cold water for washing contaminated

body art equipment.

7. The establishment shall be well-ventilated and provided with an artificiallight source equivalent to at least 20 foot candles three feet off the floor,

except that at least 50 foot candles [or 100 foot candles??] shall be

provided at the level where the body art procedure is being performed, and

where instruments and sharps are handled.

8. The establishment shall be equipped with a first aid kit which is

adequately stocked and sufficiently maintained.

9. Personal service stations shall be separated from waiting customers or

observers by a wall or panel at least four feet high.

10. A physical barrier shall be placed around the ultrasonic and instrument

wash sink to prevent contamination from spreading to the body artprocedure area.

B. Cleaning and Maintenance:

1. Walls, floors, tables, counters, chairs, and other surfaces in the body art

procedure area shall be kept clean, decontaminated, and in good repair.

2. Each establishment shall have an adequate supply of clean towels and

linens which shall be laundered after each use. All clean towels and linens

shall be stored in a closed cabinet.

3. Floors shall be mopped daily with an U.S. Environmental ProtectionAgency ("EPA") registered disinfectant.

4. All tables, counters, chairs, and other surfaces shall be cleaned and

disinfected after each use regardless of whether contamination is visible.

Disinfection shall be carried out using an EPA registered disinfectant and

in accordance with the EPA approved label.

5. Upon use in a body art procedure, the body art technician shall remove all

visible blood and tissue from non-disposable instruments by scrubbing the

instruments with hot water and an appropriate soap or detergent solution

or by following the instrument manufacturer's instructions on removal of

blood and tissue residue.

6. Once visible blood and tissue residue is removed, all non-disposable

instruments shall be placed in an ultrasonic which is operated for a cycle

in accordance with manufacturer's instructions. The ultrasonic shall have

a solid tight-fitting lid, which must be left on for at least five minutes after

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7. Upon removal from the ultrasonic, all non-disposable instruments used for

body art shall be rinsed, dried, and packed individually in peel-packs and

subsequently sterilized in an autoclave or dry-heat sterilizer (approved by

the City Clerk). All peel-packs shall contain either a sterilizer indicator or

internal temperature indicator. Peel packs must be dated with an

expiration date not to exceed six months from date of sterilization.

8. The autoclave or dry-heat sterilizer shall be used, cleaned, and maintained

according to manufacturers' instructions. A copy of the manufacturers'

recommended procedures for the operation of the sterilization unit must be

available for inspection by the City Clerk or its agents. Sterilized

equipment may not be used if the package has been breached or after the

expiration date without first repackaging and re-sterilizing. Autoclaves

and dry-heat sterilizers shall be located away from personal service

stations or areas frequented by the public. If the establishment uses only

single-use, disposable instruments and products, and uses sterile supplies,

an autoclave or dry-heat sterilizer shall not be required.

9. Prior to use in a body art procedure, the following single-use materials

shall be sterilized in an autoclave or dry-heat sanitizer according to the

requirements of (insert code section/subsections): piercing needles, corks,

rubber bands, cotton swabs, toothpicks, and gauze.

10. The autoclave and dry-heat sterilizer must be tested at least once a month,

not to exceed thirty (30) days, with a spore-destruction test or other test

approved by the City Clerk. The records of all tests and test results shall

be retained by the body art establishment for a period of four (4) years and

made available to the City Clerk or its agents upon request. If a positive

test results, the autoclave or dry-heat sterilizer cannot be used until a

negative test result is obtained.

11. Infectious waste shall be handled, stored, transported, and disposed in

accordance with 29 C.F.R. Part 1910.1030 and Health

Regulation

12. The owner or operator shall ensure that the establishment has a

bloodborne pathogen spill response plan which applies Universal

Precautions as defined in 5-38-02 of this Chapter.

C. Equipment and Instruments

1. All absorbent products used for drying the skin after disinfecting or

scrubbing the skin prior to tattooing or during application of dyes or inksshall be sanitary single-service products and discarded immediately after

use into a covered waste container.

2. All instruments and supplies shall be stored in clean, dry, containers.

3. All instruments used for body art shall remain stored in sterile packages

until just prior to the performance ofabody art procedure. When



assembling instruments used for body art procedures, the operator shall

wear single-use medical gloves and use medically recognized techniques

to ensure that the instruments and gloves are not contaminated.

4. All inks, dyes, pigments, needles and equipment shall be specifically

manufactured for performing body art procedures and shall be used

according to the manufacturer's instructions. Immediately before a tattoois applied the dye to be used shall be transferred from the dye bottle and

placed into single-use containers. Upon completion of the tattoo, used

single-use containers and their contents shall be discarded.

5. Only sterile pigments, dyes, or inks shall be used in a body art

establishment.

6. Only implant certified titanium (ASTM F-136), niobium (except matte

finish black), solid 14K or 18K white or yellow gold, platinum, PTFE, or

Tygon shall be used in new piercings.

7. Gold filled, rolled, or plated jewelry, silver, stainless steel of the 302, 306,or 400 series, and aluminum materials may not be used as body or ear

piercmgs.

8. Piercing needles thinner than 20 gauge or thicker than 6 gauge shall not be

used on new piercings.

9. Acetate stencils may be allowed for reuse if sanitization procedures are

performed between uses. Petroleum jellies, soaps, and other products used

in the application of stencils shall be dispensed and applied on the skin

with sterile gauze or in a manner to prevent contamination of the original

container and its contents.

D. Operators and Technicians

1. A technician shall be able to demonstrate to the City Clerk or its agents

that he/she has sufficient knowledge to properly conduct a sanitary body

art procedure. A demonstration may include performing a mock tattoo or

other body art procedure by carrying out all preparatory procedures but

not penetrating the skin.

2. Technicians shall maintain a high degree of personal cleanliness and

conform to proper hygienic practices while working in a body art

establishment.

3. Neither the technician nor patron shall be under the influence of drugs,alcohol, or other intoxicating substances during the body art procedure.

4. Technicians shall wash their hands thoroughly with liquid hand soap and

hot water up to mid-forearm for a minimum of20 seconds before and after

administering body art on each patron. Hands shall be dried with

individual, single-use towels or other method approved by the city Clerk.

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5. No technician shall administer body art if they have a contagious disease.

6. The City Clerk may require medical testing or examination if a contagious

or communicable disease is suspected.

7. Technicians shall not perform body art if they have open wounds, cuts,

sores, bums, or other skin abnormalities on the hand, or any portion oftheir body that under normal procedures may come into contact with

patrons' skin.

8. If the City Clerk has reasonable suspicion of an infection arising out of a

body art procedure, an investigation or examination shall be made as

appropriate and action taken as needed. In addition to other legal

remedies, such action may include revocation of the establishment permit.

9. The technician shall not eat, drink, or use tobacco in any form while

engaged in body art procedures, while sterilizing or handling body art

equipment or while in the body art area.

E. Patron Forms and Records

1. A written report of any infection, complication, or disease resulting from

any body art procedure shall be forwarded to the City Clerk within 24

hours of the owner, operator or technician becoming aware of its

occurrence. The report shall include:

a. The name and address of the affected individual;

b. The name and location of the body art establishment involved;

c. The nature of the injury; and

d. Any other information considered relevant to the situation.

2. Each patron shall be required to complete a patron form.

3. Completed patron forms shall contain the following information:

a. The patron's date of birth as verified from a valid, government

issued photo identification;

b. Whether the patron has any known allergies to latex, iodine, or other

products routinely used in a body art procedure;

c. Whether the patron has ingested blood thinners such as aspirin or

ibuprofen within 24 hours prior to receiving a body art procedure;

d. Whether the patron has consumed alcohol or other intoxicants

within 24 hours prior to receiving a body art procedure;

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e. Whether the patron has a condition that might affect the procedure

or healing process such as lupus, diabetes, or hemophilia; and

f. Whether the patron has eaten within two hours prior to receiving a

body art procedure.

4. The patron form shall inform the patron of risks associated with body art

procedures such as the risk of fainting, vomiting, and infection including

bacterial endocarditis for patrons with a heart condition.

5. Each completed patron form shall be signed by the patron and legal

guardian if the patron is a minor.

6. Body art establishment operators shall retain patron forms for a period of

at least (insert number) years and shall make the patron forms available

to the City Clerk upon request.

F. Body Art Procedures

1. All body art procedures shall be worked from an autoclaved tray set-up or

tray liner. Trays shall be made of autoclavable plastic or stainless steel.

2. A technician shall inspect each piercing needle immediately before use to

ensure that there are no burrs or irregularities.

3. Before a body art procedure is performed, the immediate skin area and the

areas of skin surrounding where the body art procedure is to be located

shall be washed with soap and water or an approved antiseptic solution.

4. Prior to oral piercing, a patron shall be given a small amount of

antimicrobial mouthwash in a disposable cup. The patron should be

advised to rinse thoroughly for at least 30 seconds.

5. If shaving is necessary, single-use disposable razors or safety razors with

single-service blades shall be used. Used blades shall be immediately

discarded in an approved sharps container. Reusable razor holders shall

be autoclaved after use. Following shaving, the skin and surrounding area

shall be washed with soap and water. The washing pad shall be discarded

after a single use.

6. The technician shall remove excess dye or ink from the skin with a sterile,

single-service sponge or tissue paper that is used only once and then

immediately discarded into a covered container. After completing work

on any person, the technician shall wash the tattooed area with sterile



gauze saturated with an antiseptic soap solution approved by the City

Clerk, or a 70% isopropyl alcohol solution.

7. A tattooed area shall be allowed to dry and petroleum jelly or antibacterial

ointment shall be applied, using sterile gauze. A sterile dressing shall then

be fastened with adhesive to the tattooed area.

8. Upon completion of a procedure, technicians shall provide each patron

with aftercare instructions approved by the City Clerk for the care of the

body art procedure site. The aftercare instructions shall contain the name,

address, and phone number of the facility.

9. The technician shall wear single-use medical gloves during set-up and

cleaning, during disinfection and sterilization procedures, when processing

contaminated instruments, when transporting sterilized instruments from

the autoclave to designated storage space, and during any contact with a

patron at the personal service station.

10. The technician shall change gloves;

a. Before initial skin preparation and marking;

b. Before the body art procedure;

c. Before post-procedure cleanup; and

d. If the gloves become contaminated by contact with unclean

surfaces or objects, or by contact with a third person.

11. The gloves shall be discarded, at a minimum, after the completion of each

procedure on an individual patron, and hands shall be washed before the

next set of gloves is donned. Under no circumstance shall a single pair of

gloves be used on more than one person. The technician shall discard any

gloves which become pierced or tom during the body art procedure. Used

gloves shall not be washed, disinfected, or autoclaved. The use of

disposable medical gloves does not preclude or substitute for hand

washing procedures as part of a good personnel hygiene program.

12. If, while performing a body art procedure, the technician's glove is

pierced, tom, or otherwise contaminated, the gloves shall be immediatelydiscarded, and the hands washed thoroughly before a fresh pair of gloves

is donned.

13. Any item or instrument that may have been exposed to bloodbome

pathogen contamination during the procedure shall be sterilized prior to

use. Any item or instrument used for body art that is contaminated during

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the procedure shall be immediately replaced with a sterilized instrument or

item before the procedure resumes.

14. All jewelry must be sterilized before use in new piercings.

G. Prohibited Procedures

1. No body art procedure shall be conducted on skin surfaces that have a

rash, pimple, boil, infection or if the patron manifests symptoms of a

communicable disease.

2. No local or topical anesthetic or spray for the purpose of deadening the

skin shall be used without the approval of the City Clerk.

3. No styptic pencils, alum blocks, or other solid styptics shall be used to

stop the flow of blood. Liquid or powdered astringents may be used to

stop the flow of blood if applied with a clean spatula, single-use gauze, or

cotton.

4. Ear piercing stud and clasp systems shall not be used anywhere on the

body other than the lobe of the ear.

Section 5-38-13 INSPECTIONS

Agents of the Departments of Police, Fire and Building of Boise City and the

Central District Health Department may, at any time during business hours, make an

inspection of each body art establishment for the purposes of determining that the

provisions of this Chapter are complied with. It shall be unlawful for any licensee to fail

to allow such inspection officer access to the premises or to hinder such officer in any

manner.

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