Ordinance No. 2021-5-5: To repeal Article VIII, Additional Regulations for Tattoo and Certain Body Piercing Studios, of Chapter 14, Offenses-Miscellaneous, of the Code of Ordinances; and providing a severability clause, a repealer clause, a savings clause, and an effective date. Adopted

At the May 10, 2021 City Council meeting, we will be requesting the repeal of Article VIII “Additional Regulations for Tattoo and Certain Body Piercing Studios,” of Chapter 14, Offenses-Miscellaneous, of the Code of Ordinances. The ordinance establishing Article VIII was originally approved in 2001. Its provisions allow for the permitting and inspection of tattoo and body piercing facilities. A repeal is requested for the following reasons:

• Limited local regulations: The only requirements of the city ordinance are that the operator maintains equipment sterilization and continuing education records.

• Overlapping regulations: The requirements in the city ordinance are also required by DSHS regulations. Further, the state does not stipulate that a local health department is required to have an ordinance for Tattoo and Body Piercing Studios.

• State authority: The Texas Department of State Health Services (DSHS) has extensive regulations regarding tattoo and body art studios found HERE  The Drugs and Medical Devices Group of DSHS is responsible for conducting the full on-site inspections of tattoo and body piercing studios. All complaints received by the city are referred to DSHS.

• Duplication of licensure: The requirement by local ordinance for these businesses to acquire a permit with the city is an additional financial burden and duplicates the efforts of the state. Given the significant regulation of these facilities by DSHS, there is no need for a local permit.

We have contacted surrounding municipalities including Allen, McKinney, Frisco, Richardson, The Colony, Dallas, Carrollton, Garland, and Rowlett. None had a public health ordinance related to tattoo and body art facilities.

There will be extremely minimal financial impact as no staff time will be utilized for this program moving forward. Total annual revenue to the city from permits amounts to approximately $4,400. Considering our limited regulations, existing state regulations, and the issue of license duplication, it is the recommendation of the EH&S department that Article VIII, Additional Regulations for Tattoo and Certain Body Piercing Studios, of Chapter 14, Offenses-Miscellaneous, of the Code of Ordinances be repealed in its entirety.

This item is repealing Article VIII, Additional Regulations for Tattoo and Certain Body Piercing Studios, of Chapter 14, Offenses-Miscellaneous, of the Code of Ordinances. The total annual revenue to the city from permits amounts to approximately $4,400.

Approval of this agenda item supports the City's Strategic Plan Critical Success Factor of Excellent, Innovative, and Accountable City Government.               

This item is repealing Article VIII, Additional Regulations for Tattoo and Certain Body Piercing Studios, of Chapter 14, Offenses-Miscellaneous, of the Code of Ordinances. The total annual revenue to the city from permits amounts to approximately $4,400.

Approval of this agenda item supports the City's Strategic Plan Critical Success Factor of Excellent, Innovative, and Accountable City Government.