Chapter 5.15
HEALTH CLUBS AND MASSAGE THERAPY – TATTOO PARLORS

Sections:

Article I. In General

5.15.010    Definitions.

5.15.020    Purpose of chapter.

5.15.030    Exemptions from chapter.

5.15.040    Violations of chapter.

5.15.050    Premises not to be used for sleeping quarters.

5.15.060    Inquiries and records as to health of patrons.

5.15.070    Serving patron with skin inflammation or eruptions.

Article II. Permit

5.15.080    Required.

5.15.090    Application generally.

5.15.100    Council action or application.

5.15.110    Issuance.

5.15.120    Compliance with conditions.

5.15.130    Term – Revocation.

Article III. Massage Permits

5.15.140    Permit required.

5.15.150    Application for permit.

5.15.160    Action on application – Renewal.

5.15.170    Term – Revocation.

5.15.175    Apprentice permit.

Article IV. Tattoo Parlors

5.15.180    Definitions.

5.15.190    Permits – Application – Inspections.

5.15.200    Term of permits – Renewal of permits.

5.15.210    Form and transfer of permits.

5.15.220    Physical examinations of and health requirements for tattoo artists.

5.15.230    Records required to be kept.

5.15.240    Minors.

5.15.250    Removal of tattoo.

5.15.260    Penalties.

5.15.270    Operating room, toilet, etc., facilities.

5.15.280    Personal cleanliness of tattoo artist – Required equipment.

5.15.290    Cabinets for storage of equipment.

5.15.300    Floors – Disposition of waste material.

5.15.310    Ventilation – Walls and ceilings.

5.15.320    Instructions as to care of skin after tattooing.

5.15.330    Preparation of area to be tattooed.

5.15.340    Stencil for transferring design.

5.15.350    Removal of excess dye – Bandages.

5.15.360    Needles.

5.15.370    Sterilizing device required.

5.15.380    Disposal.

Article I. In General

5.15.010 Definitions.

As used in this chapter, unless the context requires a different meaning:

“Board” means the Board of Nursing of the Commonwealth of Virginia.

“Certified massage therapist” means a person who meets the qualifications specified in Section 54.1-3029 of the Code of Virginia, as amended, the provisions of which are incorporated herein by reference.

“Massage therapy” means the treatment of soft tissues for therapeutic purposes by the application of massage and bodywork techniques based on the manipulation or application of pressure to the muscular structure or soft tissues of the human body. The terms “massage therapy” and “therapeutic massage” do not include the diagnosis or treatment of illness or disease or any service or procedure for which a license to practice medicine, nursing, chiropractic therapy, physical therapy, occupational therapy, acupuncture, or podiatry is required by law.

“Health club” shall mean any establishment which offers service in the form of “massage therapy,” baths, exercises or similar services alone or in combination to club members or to the public for a charge. (Code 1964, § 13-20; Code 1985, § 14-1; Ord. 6-28-90; Ord. 6-11-98).

5.15.020 Purpose of chapter.

It is hereby declared that the operation of health clubs affects the public health, safety and general welfare and this chapter is enacted for the purpose of securing and promoting the health, safety and general welfare of the people of the city. (Code 1964, §§ 13-28, 13-29; Code 1985, § 14-2; Ord. 6-28-90).

5.15.030 Exemptions from chapter.

The term “health club,” as used in this chapter, does not include and this chapter shall not apply to:

(1) Hospitals, nursing homes, medical clinics or the offices or quarters of a physician, surgeon or osteopath.

(2) Barbershops and beauty parlors.

(3) Any organization primarily operated for the purpose of teaching a particular form of self-defense, such as judo or karate. (Code 1964, § 13-20; Code 1985, § 14-3; Ord. 6-28-90).

5.15.040 Violations of chapter.

Any person who violates any provision of this chapter shall be guilty of a Class 3 misdemeanor. (Code 1964, § 13-34; Code 1985, § 14-4; Ord. 6-28-90).

Cross reference – Penalty for Class 3 misdemeanor, SCC 1.05.100.

5.15.050 Premises not to be used for sleeping quarters.

No part of any premises used for health club purposes shall be used for any bedroom or sleeping quarters. (Code 1964, § 13-32; Code 1985, § 14-5; Ord. 6-28-90).

5.15.060 Inquiries and records as to health of patrons.

The owner, manager or other person in charge of a health club shall make inquiry as to, and keep records of, each patron’s general health, with specific inquiry noted as to any fungus or other skin infections with which such patron may be afflicted. (Code 1964, § 13-32; Code 1985, § 14-6; Ord. 6-28-90).

5.15.070 Serving patron with skin inflammation or eruptions.

Service shall not be performed at a health club on any patron who has visible skin inflammation or eruptions, unless such patron presents a certificate from a duly licensed physician describing the condition of the patron and indicating that the patron may be safely served. (Code 1964, § 13-32; Code 1985, § 14-7; Ord. 6-28-90).

Article II. Permit

5.15.080 Required.

It shall be unlawful for any person to operate or maintain a health club within the city, unless he has a current permit so to do issued pursuant to this article. (Code 1964, §§ 13-31, 13-32; Code 1985, § 14-19; Ord. 6-28-90).

5.15.090 Application generally.

Application for a permit required by this article shall be filed in the office of the city manager on a form provided for that purpose. Such application shall contain or be accompanied by the following:

(1) Proper documents or certificates indicating that the applicant is, or has in its employment on either a full-time basis, part-time basis, or as a consultant, either: (a) a licensed physician; (b) a licensed practical nurse with at least four years’ nursing experience; (c) a registered nurse with at least two years’ nursing experience; or (d) a registered physical therapist.

(2) Proper documents or certificates indicating that each person who will practice as a certified massage therapist in the health club has satisfactorily completed the requirements of Article III of this chapter.

(3) Certificates of good health issued by a duly licensed physician for all employees coming in physical contact with patrons of the health club.

(4) A detailed floor plan of the building occupied or to be occupied for the purpose of operating a health club, including plumbing fixtures, water supply and waste and vent connections.

(5) An agreement by the applicant that the health, plumbing, electric and other inspectors of the city shall be given access to any part of the quarters of the health club, for purposes of inspection, at all reasonable times.

(6) A description of all sanitation facilities and all equipment used to render services of the type referred to in SCC 5.15.010, together with a plan for keeping such equipment and facilities disinfected in such manner as the city council may require.

(7) An agreement by the applicant that the operation of the health club will be in full compliance with this chapter and that all of the conditions and qualifications listed in the application will be continued and maintained so that the health club is always in as healthful, safe, sanitary, moral and professionally supervised condition as is represented in the application. (Code 1964, §§ 13-31, 13-32; Code 1985, § 14-20; Ord. 6-28-90; Ord. 6-11-98).

5.15.100 Council action or application.

An application for a permit required by this article shall be referred to the city council for its approval or disapproval. In approving such application, the council may attach such conditions to the issuance of the permit as it deems proper and necessary. (Code 1985, § 14-21; Ord. 6-28-90).

5.15.110 Issuance.

Upon the applicant’s compliance with the provisions of this article and upon approval of the application by the council, the city manager shall issue the permit for the operation of the health club. (Code 1985, § 14-22; Ord. 6-28-90).

5.15.120 Compliance with conditions.

It shall be unlawful for the holder of a permit issued pursuant to this article, or any employee or agent of such holder, to violate any condition set out in such permit. (Code 1964, § 13-31; Code 1985, § 14-23; Ord. 6-28-90).

5.15.130 Term – Revocation.

A permit issued under this article shall continue in force at the pleasure of the city council until it is determined by the council that the requirements and provisions of this chapter have not been complied with, in which case the council may revoke such permit. (Code 1964, § 13-32; Code 1985, § 14-24; Ord. 6-28-90).

Article III. Massage Permits

5.15.140 Permit required.

It shall be unlawful for a person to practice the art of massage therapy (as defined in SCC 5.15.010) for a fee, or wages within the city of Staunton, unless such person has a current certificate from the Board of Nursing of the Commonwealth of Virginia designating such person as a certified massage therapist and has obtained a permit to do so as provided in this article.

Notwithstanding the foregoing, however, persons having a permit from the city of Staunton to practice the art of massage issued prior to the enactment of this section, may continue to practice the art of massage under the authority of said permit. Persons practicing the art of massage under the authority of the permit issued prior to the enactment of this section may not claim to be, or use any designation tending to imply that such person is a certified massage therapist or massage therapist. (Code 1985, § 14-30; Ord. 6-11-98; Ord. 9-24-98).

5.15.150 Application for permit.

Application for a permit required by this article shall be filed in the office of the city manager on a form provided for that purpose. The applicant must be duly certified by the Board of Nursing of the Commonwealth of Virginia as a certified massage therapist and meet the following requirements:

(1) The applicant agrees to practice the art or science of body massage in a health or athletic club or any other facility that contains both sanitary and private dressing and treatment accommodations for patrons of both sexes, or in the privacy of one’s residence.

(2) The applicant certifies that the practice of the art or science of body massage will be conducted in a healthful, safe, sanitary, moral, and professional manner at all times.

(3) The applicant is in good physical condition and health and the applicant does not have an infectious disease or skin eruptions or inflammations of any sort. The applicant will further cease all massage therapy if an infectious health condition or disease is contracted by the applicant until such time as the condition or disease has ceased to exist according to a licensed physician. (Code 1985, § 14-31; Ord. 6-28-90; Ord. 6-11-98).

5.15.160 Action on application – Renewal.

(1) An application for a permit required by this article shall be referred to the city manager for approval or disapproval. In approving such application, the city manager may attach such conditions to the issuance of the permit as deemed proper and necessary.

(2) Upon approval of such application the city manager shall issue each permit. It shall be unlawful for the holder of such permit, or such person’s agents or employees, to violate any conditions set forth in such permit, or to violate any provisions of this article.

(3) Permits hereunder shall be valid to the date the permit holder is required to be recertified by the Board of Nursing of the Commonwealth of Virginia. Permits may be reissued to the holder upon the same terms and conditions set forth herein and for the same term upon said holder’s exhibiting a current certification from the board. (Code 1985, § 14-32; Ord. 6-28-90; Ord. 6-11-98).

5.15.170 Term – Revocation.

(1) A massage permit issued under this article shall continue in force until it is determined by the city manager that the requirements and provision of this article have not been complied with, in which case the city manager may revoke such massage permit.

(2) Prior to any revocation hereunder, the city manager shall give written notice to the holder of such permit setting forth any suspected violation of said permit or of this article and shall set a date and time for a hearing to be held thereon. If, after such hearing, a violation is so found by the city manager, such permit may be revoked. (Code 1985, § 14-33; Ord. 6-28-90).

5.15.175 Apprentice permit.

Notwithstanding the foregoing provisions of this article, the city manager may issue a temporary apprentice massage permit to a person upon the following conditions:

(1) Application for such permit shall be made jointly by a person holding a valid massage permit hereunder and a person to be designated as a massage apprentice.

(2) The applicant for the apprentice permit must certify to the city manager that the person is at least 18 years old and has successfully completed a minimum of 500 hours of training from a massage therapy program, having received programmatic approval from the Virginia Board of Education, Division of Proprietary Schools, or certified or approved by the Virginia Board of Education, Division of Proprietary Schools; the State Council of Higher Education; or an agency in another state, the District of Columbia or a United States territory which approves educational programs.

(3) The apprentice permit shall be valid for a period of six months from the date of issuance or until the permit holder obtains a regular massage permit pursuant to SCC 5.15.150 and 5.15.160, whichever comes first.

(4) The apprentice permittee may only practice the art of massage under the direct supervision of a person holding a valid regular massage permit issued pursuant to SCC 5.15.150 and 5.15.160. (Code 1985, § 14-34; Ord. 2004-04).

Article IV. Tattoo Parlors

5.15.180 Definitions.

For the purposes of this article, the following words and phrases when used herein shall be construed as follows:

“Tattoo” shall mean a design, letter, scroll, figure, symbol or any other mark upon or under the skin of any person with ink or any other substance, resulting in the permanent coloration of the skin by the aid of needles or any other instrument designed to touch or puncture the skin, or the removal thereof.

“Tattoo parlor” shall mean any room or space where tattooing is practiced or where the business of tattooing is conducted or any part thereof.

“Tattoo operator” shall mean any person who controls, operates, conducts, or manages any tattoo establishment, whether actually performing the work of tattooing or not.

“Tattoo artist” shall mean any person who actually performs the work of tattooing. (Code 1985, § 14-36).

5.15.190 Permits – Application – Inspections.

No person shall operate a tattoo parlor or engage in the practice or business of tattooing as a tattoo operator or as a tattoo artist unless such person shall first secure a permit from the health officer of the city or his duly authorized assistant. Applications for any such permit shall be made in writing on a form prescribed by the health officer of the city, wherein the applicant shall agree to conform to all ordinances, rules, and regulations governing such places and to permit such examination and inspections as may be deemed necessary by the health officer of the city. Before such permit is granted, it shall be the duty of the health officer to cause an inspection to be made of the premises or tattoo parlor in which the business is to be conducted and to refuse said permit if the condition of the premises, its equipment, or the health of the applicant shall not conform to the requirements of this article, but if the same do conform to the requirements of this article, the health officer shall issue the permit requested. It shall be the further duty of the health officer to cause inspections to be made from time to time of all tattoo parlors and the equipment thereof, and if said place of business is not maintained, conducted, or operated in conformity with the requirements of this article as now enacted or as subsequently amended, then the health officer may suspend the permit of the tattoo operator or tattoo artist until said tattoo parlor and the operation thereof is made to conform to the requirements of this article. (Code 1985, § 14-37).

5.15.200 Term of permits – Renewal of permits.

All permits issued pursuant to this article shall, unless sooner revoked as hereinafter set forth, expire on April 30th following their date of issue. Applications for the renewal of permits shall be made on or before April 1st following their date of issue and the requirements for the renewal thereof shall be the same as for new permits, as set forth in this article. (Code 1985, § 14-38).

5.15.210 Form and transfer of permits.

All permits granted shall be issued in the name of the individual person applying therefor, shall give the location of the tattoo parlor where said applicant will operate, and shall not be transferable. (Code 1985, § 14-39).

5.15.220 Physical examinations of and health requirements for tattoo artists.

Each tattoo artist shall have an annual physical examination reported on a form to be prescribed by the health department of the city, which physical examination shall include an x-ray of the chest and such other laboratory tests as may be deemed necessary by the said department. A report of said physical examination and laboratory tests shall be presented with the application for each permit for a tattoo parlor or for any renewal thereof. No persons shall engage in tattooing as a tattoo artist while in the communicable stage of any disease, including the common cold. (Code 1985, § 14-40).

5.15.230 Records required to be kept.

Proper records for each patron or customer shall be kept and maintained by the tattoo operator of each tattoo parlor, which record shall include the patron or customer’s name, address, date, birth date, and signature of patron or customer. All records shall be available for inspection upon request of the health department of the city. (Code 1985, § 14-41).

5.15.240 Minors.

No tattoo operator or tattoo artist shall tattoo any person who is under the age of 18 unless such person shall present to the tattoo operator or tattoo artist notarized consent to such tattooing from a parent or guardian of such person. In this event, the notarized consent aforesaid shall be attached to and become a part of the records referred to in SCC 5.15.230. (Code 1985, § 14-42).

5.15.250 Removal of tattoo.

No tattoo operator or tattoo artist shall remove or attempt to remove any tattoo. (Code 1985, § 14-43).

5.15.260 Penalties.

Any person who shall conduct a tattoo parlor or engage in business as a tattoo operator or tattoo artist without first securing a permit therefor, or when such permit previously issued has been revoked or suspended, shall upon conviction thereof be fined not less than $50.00 nor more than $100.00 and each day’s operation shall constitute a separate offense. Any person who shall violate any of the other provisions of this article shall upon conviction be fined not less than $10.00 nor more than $100.00. The health officer shall revoke the permit of any person who shall be convicted on two separate occasions within a 24-month period of violating any of the provisions of this article. (Code 1985, § 14-44).

5.15.270 Operating room, toilet, etc., facilities.

Each tattooing parlor shall have an operating room, which operating room shall be separate and apart from a waiting room or such other room or rooms as may be used. Patrons or customers shall be tattooed only in said operating room. Said operating room shall be equipped with hot and cold running water, together with such sinks and basins as may be necessary. Sufficient toilet, urinal, and hand-washing facilities shall be accessible to patrons, customers, tattoo operators, and tattoo artists within the tattoo parlor. (Code 1985, § 14-45).

5.15.280 Personal cleanliness of tattoo artist – Required equipment.

There shall be available within said tattoo parlor adequate hot and cold running water, soap, approved germicidal solution, individual hand brushes and fingernail files for each tattoo artist. Each tattoo artist shall clean the artist’s fingernails with an individual file, wash the artist’s hands with soap and hot water, using individual hand brush, and thoroughly rinse the artist’s hands in a germicidal solution to be approved by the health department before working on each patron or customer. An individual paper towel or napkin shall be used for drying the tattoo artist’s hands after rinsing. Each tattoo artist shall wear sterile latex gloves and a clean gown or coat while actually engaged in tattooing. (Code 1985, § 14-46).

5.15.290 Cabinets for storage of equipment.

Adequate cabinets for the storage of instruments, dyes, carbon, and stencils shall be provided for each tattoo operator and shall be maintained in a sanitary condition. (Code 1985, § 14-47).

5.15.300 Floors – Disposition of waste material.

The floor of tattoo parlors shall be of impervious material and shall be at all times maintained in a clean condition. The tattoo parlor shall have proper facilities for the disposition of waste material. (Code 1985, § 14-48).

5.15.310 Ventilation – Walls and ceilings.

Tattoo parlors must have adequate light and ventilation, and all walls and ceilings shall be painted a light color. (Code 1985, § 14-49).

5.15.320 Instructions as to care of skin after tattooing.

Printed or mimeographed instructions, approved by the health officer, shall be given to each patron or customer on the care of the skin after tattooing as a precaution to prevent infection after each tattooing. A copy of these instructions shall also be posted in a conspicuous place in the tattoo parlor, clearly visible to the person being tattooed. (Code 1985, § 14-50).

5.15.330 Preparation of area to be tattooed.

When it is necessary to shave the area to be tattooed, a new sterile and disposable blade for each patron or customer shall be used. After shaving the area to be tattooed, said area shall be cleaned with an approved germicidal solution in a sanitary manner before the design is placed on the skin. (Code 1985, § 14-51).

5.15.340 Stencil for transferring design.

The stencil for transferring the design to the skin shall be thoroughly cleaned and rinsed in an approved germicidal solution. (Code 1985, § 14-52).

5.15.350 Removal of excess dye – Bandages.

The excess dye originally applied to the skin shall be removed with individual sterile gauze or sterile cotton only. The area tattooed shall then be allowed to dry and the entire area covered with a piece of sterile gauze only, which may in turn be covered with a piece of tissue and fastened with adhesive. (Code 1985, § 14-53).

5.15.360 Needles.

A sterile set of disposable needles must be used for each patron or customer and disposed of according to law after each use. The tube containing the needles must be sterilized before each use, and may, after sterilization, be reused. (Code 1985, § 14-54).

5.15.370 Sterilizing device required.

Each tattoo parlor shall be equipped with an autoclave-type sterilizing device to be approved by the health officer. (Code 1985, § 14-55).

5.15.380 Disposal.

All disposable items shall be disposed of as required by state, federal and local law and as directed by the health officer. (Code 1985, § 14-56; Ord. 5-11-95).