§ 12-55. Administrative body.

(1)

The administrative body shall be responsible for compliance with the requirements in O.C.G.A. Ch. 31-40, with applicable administrative rules and regulations of the local county board of health, including, but not limited to, all applicable statutes, rules and regulations regarding disclosure of ownership.

(2)

The administrative body shall certify in its application the name(s) and exact duties of the operators who have been designated as being responsible for carrying out the rules and policies adopted by the administrative body. The following information shall be included: Valid driver's license or Government-issued I.D., date of birth (DOB), gender, home address, home/work phone numbers, ID photos of all operators.

(3)

Prior to being granted a permit, each body tattoo/body piercing establishment shall develop a written statement of policies and standard operating procedures including:

(a)

Sterilization.

(b)

Employee health.

(c)

Sanitizing areas and equipment between clients.

(d)

Disposal of waste.

(e)

Recordkeeping.

(f)

Client screening.

(g)

Aftercare procedures.

(h)

Emergency sterilization procedures.

(4)

Prohibited facilities.

(a)

Body tattoo/body piercing establishment shall not be allowed in the same facilities used for human habitation, any food service establishment, retail sales area, hotel room or similar areas. This does not prohibit body tattoo/body piercing operations in completely separated areas by walls and doors of these or other businesses.

(b)

Body tattoo/body piercing establishment shall not be allowed in automobiles, mobile, transitory or other nonfixed facilities. Such nonfixed facilities include, but are not limited to, mobile trailers, tents, and recreational vehicles.

(5)

Prohibited procedures.

(a)

Implants or other procedures involving insertion of foreign objects completely under the skin, such as 3-D procedures, are prohibited.

(b)

Any body tattoo/body piercing procedures which result in the permanent removal of tissue or requiring medical equipment (ex. scalpels) shall be prohibited, except that a physician or osteopath licensed under Chapter 34 of Title 43 [of the Official Code of Georgia Annotated], or a technician acting under the direct supervision of such licensed physician or osteopath shall be authorized to perform such procedures.

(c)

It shall be unlawful for any person to pierce the body, with the exception of the ear lobes, of any person under the age of 18 for the purposes of allowing the insertion of earrings, jewelry, or similar objects into the body, unless the body piercing is performed in the presence of the person's parent or legal guardian. The parent or legal guardian must have proper identification and sign a written consent form provided by the body tattoo/body piercing establishment. The consent form must indicate the methods and part(s) of the minor's body upon which the body art procedure is performed. Nipple and genital piercing is prohibited on minors regardless of parental or legal guardian consent.

(d)

No person under the age of 18 shall be tattooed, except that a physician or osteopath licensed under Chapter 34 of Title 43 [of the Official Code of Georgia Annotated], or a technician acting under the direct supervision of such licensed physician or osteopath shall be authorized to do so.

(e)

In accordance with O.C.G.A. § 16-12-5(b), it shall be unlawful for any person to perform permanent tattooing or cosmetic micropigmentation procedures within any area within one inch of the nearest part of the eye socket unless performed by a physician, licensed osteopath, or a technician acting under the direct supervision of a physician or licensed osteopath.

(f)

No person except a duly licensed physician or a Georgia-licensed laser technician under the supervision of a physician shall remove or attempt to remove any tattoo.

(6)

Body tattoo/body piercing operators shall not be under the influence of alcohol and/or drugs while performing body tattoo/body piercing procedures.

(7)

Operators shall refuse services to any person who is or appears to be under the influence of alcohol or drugs.

(8)

Body tattoo/body piercing operators shall not provide service to any person who shows evidence of being mentally incapacitated.

(9)

Live animals shall be excluded from within the body tattoo/body piercing establishment and from adjacent areas within the facility under the control of the permit holder. However, this exclusion does not apply to fish in aquariums. Service animals accompanying disabled persons shall be permitted in the establishment.

(10)

The skin of the body tattoo/body piercing operator shall be free of rash, any lesion or visible sign of infection. A body tattoo/body piercing operator shall not conduct any form of body tattoo/body piercing activity upon any area of a client that evidences the presence of any rash, lesion or other visible signs of infection.

(11)

No body tattoo/body piercing equipment or tattoo dyes and pigments shall be made available for use to nonpermitted operators or establishments.

(12)

Any future body tattoo/body piercing procedures not covered within these rules which have the potential for transmitting infectious disease must receive written health department approval prior to being offered to customers or patrons.

(13)

Body tattoo/body piercing shall only be performed by currently approved body tattoo/body piercing operators in a permitted body tattoo/body piercing establishment meeting the requirements of these regulations.

(Ord. of 4-12-2011, § V)