5.15.090 Tattoo and/or body piercing establishments – Special requirements.
A. It is unlawful for any person to engage in, conduct, or carry on, or permit to be engaged in, conducted, or carried on, in or upon any premises within the city, the business of a tattoo and/or body piercing establishment except in compliance with all of the following requirements:
1. A readable sign, conforming to the city’s sign ordinances, shall be posted at the main entrance identifying the establishment.
2. Lighting and ventilation shall be provided in each room or enclosure where services are performed on patrons, in accordance with the city’s building code.
3. Public restrooms shall be located in such a way so that traffic to the restrooms does not occur in any area in which instruments are sterilized or on any area in which tattoo and/or body piercing operations are conducted.
4. Establishment must have written procedures on the proper handling and sterilization of equipment and demonstrate that all personnel are trained in the procedure. All personnel must be updated annually.
5. Establishment must post and provide to customers, upon request, written instructions on tattoo and/or piercing care.
6. Establishment must have a posted procedure, followed by all employees, wherein they are required to obtain two pieces of identification to verify the age of the customer.
7. Establishment must provide training in blood-borne pathogens and cross contamination to all personnel on an annual basis.
B. With respect to any person subject to the provisions of this chapter, it shall be unlawful:
1. To intentionally brand, scarify, tattoo or pierce the body of a person who is under 16 years of age.
2. To intentionally brand, scarify, tattoo or pierce the body of a person who is 16 or 17 years of age without the physical presence of that person’s parent or legal guardian.
3. To perform branding, scarifying, tattooing or piercing of the body of a person who is under the influence of alcohol or drugs.
C. Wherever in this chapter an act is prohibited or declared unlawful, and wherever in this chapter the doing of any act is required or the failure to do any act is declared unlawful, the violation of any such provisions of this chapter shall result in an offense punishable according to MCC 5.15.190, except subsections (A)(1) and (A)(2) of this section, which are classified as Class 6 felonies.
D. Exemptions.
1. The provisions of this chapter shall not apply to:
a. Persons authorized by the laws of this state to practice medicine, osteopathy, chiropractic, podiatry, naturopathy or acupuncture;
b. Registered nurses, licensed practical nurses or technicians, when acting under the supervision of a licensed physician or osteopath;
c. Ear piercing; or
d. Procedures prescribed by a health care provider licensed pursuant to A.R.S. § 32-101 et seq.
2. Any exemption granted in this chapter is effective only insofar as and to the extent that the bona fide practice of the business or profession of the person exempted overlaps into the field comprehended by this chapter, and exemptions granted in this chapter are solely for those activities which are performed in the course of the bona fide practice of the business or profession of the person exempted. [Ord. 18-16 § 1; Res. 18-29; Code 2004 § 8-3-9.]