Title 5 BUSINESS TAXES, LICENSES AND REGULATIONS
Chapter 5.50 BODY ART
5.50.010 Definitions.
For the purpose of this chapter, the following definitions
shall apply unless the context clearly indicates a different meaning.
A. “Antiseptic” means an agent that destroys
disease causing microorganisms on human skin or mucosa.
B. “Body art” means the practice of physical body
adornment by any method including but not limited to the following: body
piercing, tattooing, cosmetic tattooing, branding and scarification. This
definition does not include practices that are considered medical procedures by
a state medical board, such as implants under the skin.
C. “Body art establishment” means any place of
business which performs body art and is engaged in the business.
D. “Body piercing” means any method of piercing
the skin or mucosa in order to place any object including, but not limited to,
rings, studs, bars or other forms of jewelry through the skin or
mucosa.
E. “Client” means any person who inquires about
or requests a body art procedure.
F. “Contaminated waste” means 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; contaminated sharps and pathological and
microbiological wastes containing blood and other potentially infectious
materials, as further defined in 29 Code of Federal Regulations Part
1910.1030.
G. “Cosmetic tattooing” means the practice of
depositing pigment into the epidermis, utilizing needles, which is either
permanent, semipermanent or temporary by someone other than a state licensed
physician. Cosmetic tattooing shall also include permanent cosmetics,
dermography, micro pigmentation, permanent color technology and micro pigment
implantation.
H. “Department” means the inspection department
of the city including its agents and employees.
I. “Disinfection” means the killing of
microorganisms on inanimate objects.
J. “Equipment” means all machinery, including
fixtures, containers, vessels, tools, devices, implements, furniture, display
and storage areas, sinks and all other apparatuses and appurtenances used in
connection with the operation of a body art establishment.
K. “Hand sink” means a lavatory equipped with hot
and cold running water under pressure, used solely for washing hands, arms or
other portions of the body.
L. “Hot water” means water which is at a constant
temperature of at least one hundred degrees Fahrenheit.
M. “Instruments used for body art” means hand
pieces, needles, needle bars and other instruments that may come in contact with
any person’s body during body art procedures.
N. “Invasive” means entry into the body either by
incision or insertion of an instrument into or through the skin or mucosa, or by
any other means intended to compromise the skin or mucosa.
O. “Operator” means any person who controls,
operates, manages, conducts or practices body art activities at a body art
establishment and who is responsible for compliance with these regulations
whether or not that person actually performs body art activities. The term
includes technicians who work under the operator and perform body art
activities.
P. “Permit” means written approval by the
department to operate a body art establishment. Approval is given in accordance
with this chapter and is separate from any other licensing requirements that may
exist.
Q. “Person” means a natural person, any form of
business or social organization and any other nongovernmental legal entity
including but not limited to a corporation, partnership, limited liability
company, association, trust or unincorporated organization.
R. “Procedure surface” means any surface that
contacts the client’s unclothed body during a body art procedure or any
associated work area which may require sanitizing.
S. “Sanitize” or “sanitization” means
a treatment of cleaned surfaces or equipment by a product registered with the
United States Environmental Protection Agency and which has been approved by the
department as being effective in reducing the number of microorganisms to a safe
level.
T. “Sharps” means any sterilized object that is
used for the purpose of penetrating the skin or mucosa including, but not
limited to, needles, scalpel blades and razor blades.
U. “Sharps container” means a puncture-resistant,
leak-proof container that can be closed for handling, storage, transportation
and disposal and is labeled with the international “biohazard”
symbol.
V. “Single use” means products or items that are
intended for one-time, one-person use and are disposed of after use on each
client, including, but not limited to, cotton swabs or balls, tissues or paper
products, paper or plastic cups, gauze and sanitary coverings, razors, piercing
needles, scalpel blades, stencils, ink cups and protective gloves.
W. “Sterilization” means destruction of all forms
of microbiotic life, including spores.
X. “Tattooing” means any method of placing ink or
other pigment into or under the skin or mucosa by the aid of needles or any
other instruments used to puncture the skin, resulting in permanent coloration
of the skin or mucosa. This includes all forms of cosmetic tattooing.
Y. “Under direct supervision of a physician”
means employed by and working in the office or clinic of a physician, or at a
site approved by the department, with treatment ordered by the physician. (Ord.
1708-2002 § 2(part), 2002).
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