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Home My WebLink About5I - Body Art OrdinancePRIp~ ti U tr1 4646 Dakota Street SE `~INNES~~P Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: November 15, 2010 AGENDA #: 5 I PREPARED BY: Bill O'Rourke, Chief of Police PRESENTER: Bill O'Rourke AGENDA ITEM: CONSIDER ADOPTING AN ORDINANCE RESCINDING SECTION 309 OF THE CITY CODE OF ORDINANCES RELATING TO BODY ART ESTABLISHMENTS DISCUSSION: Introduction The purpose of this agenda report is to have the Council consider an ordinance to rescind Section 309 of the City Code of Ordinances regulating tattooing, body piercing, body branding, body painting and body art. History In 2004 the City Council found it necessary and in the interest of protecting the general health, safety and welfare of the community to adopt regulations governing tattooing and body piercing. There was no State regulation of these types of businesses at that time. Current Circumstances Effective January 1, 2011, all body art technicians and establishments must be licensed by the Commissioner of Health for the State of Minnesota (Minnesota Statutes 1466.02 and 1468.03). It is my understanding that this change was recommended from within the profession to address a largely out-state problem (due to lack of regulations) with untrained "scratchers." Beginning on January 1, 2011, body art technicians will be licensed for a two-year period. In order to be licensed the technician must be at least 18 years of age, have proof that they have at least 200 hours of supervised experience, and have proof that they have satisfactorily completed coursework on bloodborne pathogens, prevention of disease transmission, infection control, and aseptic technique. Like other professions, re- licensing will require continuing education in the area of public health. Furthermore, the establishments are also licensed by the Minnesota Department of Health for three-year period. Each is inspected within the period of the provisional establishment license, and then at least one time during each three-year licensure period. Unannounced inspections may occur at any time for any reason. (A Minnesota Department of Health Body Art Program Establishment Inspection Checklist is attached to this agenda report.) An exception to the establishment being licensed by the Minnesota Department of Health would be a body art establishment subject to a city or county ordinance which meets or exceed the Department of Health requirements. Conclusion It is my recommendation that the Minnesota Department of Health is in a much better position to protect the general health, safety and welfare of our citizens when it comes to regulating body art establishments. ISSUES: As a general principle, regulation should reside with one entity rather than many. This approach "standardizes" the requirements for body art technicians and establishments across the state rather than having different requirements by jurisdiction. Centralization saves taxpayer money as well. Finally, the state's regulation and inspection requirements are more comprehensive than provided for in the city's ordinance. FINANCIAL There is currently one establishment with three licensed technicians IMPACT: operating within the City of Prior Lake. Each technician pays $100.00 annually for their license. ALTERNATIVES: 1. Adopt an ordinance rescinding Section 309 of the Prior Lake Code of Ordinances 2. Do not adopt such an ordinance and provide direction to staff RECOMMENDED Alternative 1. MOTION: R ~ wed y: Frank Bo es, i Manager 2 o~ PRIOR ~ ~ ti u x ~INNESO~P CITY OF PRIOR LAKE ORDINANCE 10-XX AN ORDINANCE RESCINDING SECTION 309 OF THE PRIOR LAKE CITY CODE RELATING TO BADY ART ESTABLISHMENTS THE CITY COUNCIL OF THE CITY OF PRIOR LAKE HERBY ORDAINS: Section 1. SECTION 309 of the Prior Lake City Code related to body art establishments is revoked in full effective December 31, 2010. Section 2. Commencing on January 1, 2011 body art establishments anal technicians within the City of Prior Lake shall be regulated by Minnesota Statutes Sections 146B.02 and 146B.03. Section 3. This ordinance shall be effective following publication in the city's official newspaper. Adopted this 15`h day of November, 2010. ATTEST City Manager Mayor www. cityofpriorlake. com 4646 Dakota Street S.E. Prior Lake, MN 55372-1714 Phone 952.447.9800 /Fax 952.447.4245 MDH Body Art Program: Establishment inspection Checklist (rev.07/22/10) Name of Establishment: Date of Inspection: Date of Re-inspection (if deficiency noted): Inspector: Page 1 of 6 Type of establishment: A v Tattoo ❑ Piercing ❑ Dual ❑ Private Residence ❑ Temporary Event Date Provisional License Issued: Reason for Inspection: ❑ Existing routine Yes No Corrected meets all local buildin /zonin codes ❑ Existing remodel Yes No Corrected meets all local buildin /zonin codes ❑ New establishment Yes No Corrected meets all local buildin /zonin codes Code Compliance: ❑ Zoning ❑ Sales and Use Tax ' ❑ City Permits Employees (name and role in business): Technician License? Yes No Technician License? Yes No Technician License? Yes No Technician License? Yes No Technician License? Yes No Technician License? Yes No Technician License? Yes No Sterilization Equipment: Number of Sterilizers T e s of Sterilizers Yes No Date Requirement Corrected PIERCING ESTABLISHMENTS Consent form for piercing minor: ❑ parent or legal guardian is present during procedure ❑ signed by parent/legal guardian in tech presence ❑ iercin not rohibited er 146B.07,subd.l c ALL ESTABLISHMENTS Refused admittance to remises Establishment license rominentl dis la ed in ublic area MDH Body Art Program: Establishment Inspection Checklist Page 2 of 6 Yes No Date Requirement Corrected Technician license s rominentl dis la ed in ublic area Procedure area separate from any other area that may cause otential contamination of work surfaces Privac divider/curtain/ artition available All rocedure surfaces smooth/nonabsorbent/easil cleanable accessible hand sink with (must have all three): ❑ liquid hand soap ❑ single-use paper towels/mechanical hand drier/blower ❑ nonporous washable garbage bin w/foot-operated lid or with no lid and removable liner All ceilin s in ood condition All walls/floors free of o en holes/cracks All walls/floors washable Carpeting in body art procedures areas. IF YES: ❑ entirely covered with material that is: ❑ rigid ❑ nonporous ❑ easil cleanable All facilities in clean and sanita condition All facilities in ood workin order Animals present during body art procedure. IF YES: ❑ service animal EQUIPMENT: Jewelry materials used: ❑ surgical implant-grade stainless steel ❑ solid 14-karat ❑ 18-karat white or yellow gold ❑ niobium ❑ titanium ❑ platinum ❑ dense low- orosi lastic Jewel : wood, bone, or other orous material rohibited Jewel : free of nicks/scratches/irre ular surfaces Jewel : ro erl sterilized before use Reusable instruments: washed to remove all or anic matter Reusable instruments: rinsed Reusable instruments: sterilized before use Reusable instruments: sterilized after use Needles: sin le-use Needles: sterilized before use Sterilization units: ❑ steam heat; how many: ❑ chemical va or; how man : MDH Body Art Program: Establishment Inspection Checklist Page 3 of 6 Yes No Date Requirement Corrected All sterilization units o erated accordin to mf 's s ecs. Spore test: ❑ No more than 30 days between tests ❑ Each sterilizer tested Positive spore test: o not used until a negative result is obtained ❑ date of ne ative result: All inks/ i ents s ecificall manufactured for tattoos Inks: transferred immediatel before tattoo Inks: sin le-use a er or lastic cu s Inks: contents discarded after use Tables/chairs/furniture/surfaces: cleanable Tables/chairs/furniture/surfaces: sanitized after each client Li uid chemical ermicide used: Sin le-use towels/wi es: rovided to client Sin le-use towels/wi es: dis ensed to reclude contamination Single-use towels/wipes: disposed in: ❑ nonporous washable garbage receptacle ❑ foot-operated lid OR ❑ no lid and a removal liner Banda es/sur ical dressin s: sterile Banda es/sur ical dressin s: bulk- acka ed clean Bandages/surgical dressings: stored in container: ❑ Clean ❑ Closed ❑ Non orous E ui ment/instruments: maintained in ood workin order E ui ment/instruments: clean and sanita condition Instruments/su lies: stored clean/ in covered containers Non-sterilizable equipment: ❑ Single-use disposable barriers ❑ Chemical germicide (type: ) ❑ spray bottles ❑ procedure light fixture handles ❑ tattoo machines Gloves: Sin le-use nonabsorbent loves of ade uate Gloves: Nonlatex loves available Gloves: changed if damaged/contact w/any non clean surface/ ob'ects/with a third erson Gloves: discarded after the com letion of a rocedure Infectious waste and sharps: approved infectious waste hauler Name: Infectious waste and sha s: a roved sha s conta.iner MDH Body Art Program: Establishment Inspection Checklist Page 4 of 6 Yes No Date Requirement Corrected Infectious waste and sharps: approved red bag marked w/the international biohazard s mbol Non-li uid contaminated waste: covered rece tacle Contaminated waste stora e rece tacle not full Form/method technician uses to prove age: ❑ valid state-issued driver's license/ID card w/DOB & pix ❑ valid military ID issued by DoD ❑ valid passport ❑ resident alien card ❑ tribal identification card Form/method technician uses to provide client w/disclosure and authorization form that indicates whether the client has: ❑ diabetes ❑ history of hemophilia ❑ history of skin diseases ❑ skin lesions ❑ skin sensitivities to soap/disinfectants ❑ history of epilepsy/seizures/fainting/narcolepsy ❑ any condition that requires the client to take medications such as anticoagulants that thin the blood or interfere with blood clotting ❑ statement that the technician shall not perform a body art procedure if the client fails to complete or sign the disclosure and authorization form ❑ statement the technician may decline to perform a body art procedure if the client has any identified health conditions ❑ client si nature, date, and accurac confirmation Informed consent form containing: ❑ Client signature ❑ Date ❑ Statement that either: • tattoos are considered permanent and may only be removed with a surgical procedure and that any effective removal may leave scarring OR • bod iercin ma leave scarrin Aftercare Instructions: written care instructions for tattooed or pierced site. Must advise client to consult health care professional at first sign of infection MDH Body Art Program: Establishment Inspection Checklist Page 5 of 6 Yes No Date Requirement Corrected RECORDS: Three ears of: Client records containing: ❑ date of the procedure ❑ info on picture ID w/client name/age/current address ❑ disclosure & authorization form signed/dated by client ❑ description of procedure performed ❑ name & license number of tech performing procedure ❑ copy of the informed consent form ❑ arental consent for minors iercin onl co ies of s ore tests for each sterilizer Information each technician/guest artist: ❑ name ❑ home address ❑ home telephone number ❑ date of birth ❑ copy of an identification photo ❑ technician/ uest artist license number 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 commissioner upon request. The record must include the following: (4) a; (5) the; (6) a required under subdivision 2; and 7 if the PRIVATE RESIDENCE com letel artitioned off exclusivel used for bod art rocedures licensed ractices er § 155A: se arate from the residential livin , eatin , and bathroom areas separate and secure entrance accessible without entering the residential livin , eatin , and bathroom areas meets the standards of this cha ter �L IMMEDIATE SHUTDOWN IF "YES" ESTABLISHMENTS evidence of sewage backup in area where body art activities are conducted lack of otable, lumbed, or hot or cold water lack of electrici or as service si nificant storm/disaster dama e MDH Body Art Program: Establishment Inspection Checklist Page 6 of 6 Yes Date Requirement Corrected evidence of an infestation of rodents or other vermin evidence of an unlicensed bod art rocedure evidence of existence of a ublic health nuisance use of instruments or 'ewel that are not sterile failure to maintain re uired records failure to use loves as re uired failure to properly dispose of sharps/blood/body fluids/items contaminated b blood or bod fluids failed re ort of otential bloodborne ath. trans. com laint evidence of positive spore test if there is no other working sterilizer with a ne ative s ore test NOTES: