Chapter 9 - BARBERSHOPS, BEAUTY PARLORS, AND TATTOO PARLORS#
Footnotes:#
(1)#
Cross reference— License tax for barbershops and beauty parlors, § 20-44.
State Law reference— Barbers and cosmetologists, Code of Virginia, §§ 54.1-700—54.1-706.
Sec. 9-1. - Definitions.#
The following words and phrases, when used in this chapter, shall, for the purpose of this chapter, have the meanings respectively ascribed to them in this section, except in those instances where the context clearly indicates a different meaning:
Barber: The word "barber" shall mean any person engaged in or teaching or being instructed in, for compensation, any one (1) or more or combination of the acts or practices of barbering upon other persons.
Barbering: Any one or any combination of the following acts, when done on the human body for pay or reward and not for the treatment of disease: Shaving, shaping and trimming the beard; cutting, singeing, shampooing or dyeing the hair or applying lotions thereto; or applications, treatment or massages of the face, neck or scalp with oils, creams, lotions, cosmetics, antiseptics, powders, clays or other preparations in connection with shaving, cutting or trimming the hair or a beard. The term "barbering" shall not apply to such acts when performed by any person in such person's home, if such service is not offered to the public.
Barbershop: Any establishment or place of business within which the practice of barbering is engaged in or carried on by one (1) or more barbers.
Beautician, hairdresser: The word "beautician" or "hairdresser" shall be taken to mean any person engaged in or teaching or being instructed in, for compensation, any one (1) or more or combination of the following acts or practices upon other persons:
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Cutting, dyeing, arranging, dressing, curling or waving human hair.
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Applying cosmetics, antiseptics, powder, oil, clay, cream, lotion or other preparation to the face or neck.
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Shampooing the hair or applying any tonic, lotion or other preparation to the head or scalp.
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Using cosmetics or administering cosmetic treatments.
Beauty parlor: Any place or establishment within which the practice of hairdressing is engaged in or carried on by one (1) or more beauticians or hairdressers.
Hairdressing: Any one or any combination of the following acts, when done on the human body for pay or reward and not for the treatment of disease: The use of cosmetics or the administration of cosmetic treatments; cutting, curling or dressing hair; or applications, treatment or massages of the face, neck or scalp with oils, creams, lotions, cosmetics, antiseptics, powders, clays or other preparations in connection with cutting, curling or dressing hair.
Manager: The word "manager" shall mean any person having control of the premises of a shop and of persons working or employed therein.
Manicurist: The word "manicurist" shall mean any person engaged in or teaching or being instructed in, for compensation, the practice of treating or trimming the fingernails or hands of others.
Massagist: The word "massagist" shall mean any person engaged in or teaching or being instructed in, for compensation, the practice of massaging the body of others with any liquid preparation, oil, clay or other substance.
Shop: The word "shop" shall mean every shop, parlor, salon, emporium or place where any barbering or hairdressing acts or practices are engaged in, or where instruction is given therein, and every shop, parlor, salon, emporium or place operated by a barber, beautician, massagist or manicurist.
(Code 1963, §§ 8-1, 8-7)
Sec. 9-2. - Violation of chapter.#
Any person who shall violate any provision of this chapter shall be guilty of a Class 4 misdemeanor.
Sec. 9-3. - Health of employees.#
It shall be unlawful for any person to employ any barber, beautician, massagist or manicurist, or to permit him to continue to practice, in any shop owned or operated by such employer, knowing or suspecting him to have any contagious or infectious disease or any venereal disease. It shall likewise be unlawful for any such employee to work in any shop, when he knows or suspects that he has any such disease.
(Code 1963, §§ 8-2, 8-9)
Sec. 9-21. - Posting copy of article.#
The owner and the manager of any barbershop shall keep a copy of this article, to be furnished by the health officer, posted in such shop for the information and guidance of persons working or employed therein.
(Code 1963, § 8-18)
Sec. 9-22. - Running water; equipment and appliances generally.#
The owner and the manager of any barbershop shall keep such shop equipped with running hot and cold water, and with all appliances, furnishings and materials necessary to enable persons employed in such shop to comply with the requirements of this article.
(Code 1963, § 8-8)
Sec. 9-23. - Cleanliness of premises and contents.#
Every manager of a barbershop shall keep the shop and all furniture, tools, appliances and other equipment used therein at all times in a clean condition.
(Code 1963, § 8-10)
Sec. 9-24. - Combs, brushes, implements, etc.#
(a) Every manager of a barbershop shall cause all combs, hair brushes, hair dusters and analogous articles to be washed thoroughly at frequent intervals and be kept clean at all times, and shall cause all mugs, shaving brushes, razors, shears, scissors, clippers and tweezers to be sterilized from time to time as hereinafter provided.
(b) No barber shall use for the service of any customer a comb, hair brush, hair duster or any analogous article that is not thoroughly clean, nor any mug, shaving brush, razor, shears, scissors, clippers or tweezers that are not thoroughly clean or that have not been sterilized since last used.
(c) Every barber, immediately after using a mug, shaving brush, razor, scissors, shears, clippers or tweezers for the service of any person, shall sterilize the same by immersing them in boiling water for not less than a minute or, in the case of razors, scissors, shears and tweezers, by immersing them for not less than ten (10) minutes in a five (5) percent aqueous solution of carbolic acid, or in alcohol of a strength not less than sixty-five (65) percent, or ten (10) percent, formalin solution.
(Code 1963, § 8-11)
Sec. 9-25. - Towels and washcloths.#
No barber shall use for the service of a customer any towel or washcloth that has not been boiled and laundered since last used.
(Code 1963, § 8-12)
Sec. 9-26. - Headrests of chairs to be covered.#
No barber shall permit any person to use the headrest of any barber's chair under his control, until after the headrest has been covered with a towel that has been washed since its last usage, or by clean, new paper.
(Code 1963, § 8-16)
Sec. 9-27. - Cleansing hands before serving customers.#
Every barber shall cleanse his hands thoroughly immediately before serving each customer.
(Code 1963, § 8-13)
Sec. 9-28. - Use of alum, etc.#
No barber shall, to stop the flow of blood, use alum or other material unless the same be used as a powder or liquid and applied on a clean towel or in a similar manner.
(Code 1963, § 8-14)
Sec. 9-29. - Shaving persons with skin infections.#
No barber shall shave any person when the skin surface to be shaved is inflamed or broken out or contains pus, unless such person be provided with a cup and lather brush for his individual use.
(Code 1963, § 8-15)
Sec. 9-30. - Treating skin diseases.#
No barber shall undertake to treat any disease of the skin.
(Code 1963, § 8-17)
ARTICLE III. - TATTOO PARLORS#
Footnotes:#
(2)#
Editor's note— Ord. No. 84-22, adopted Aug. 14, 1984, amended the Code by adding provisions pertaining to tattoo parlors, designated as Art. III, §§ 9-41—9-61, to read as herein set out.
Cross reference— License tax, § 20-61.
State Law reference— Authority to regulate tattoo parlors, Code of Virginia, § 15.2-912; state tattooing regulations, 18 VAC 41-50-10 et seq.
Sec. 9-41. - Definitions.#
For the purpose of this article, the following words and phrases when used herein shall be construed as follows:
Tattoo. The word "tattoo" shall mean to mark or color the skin by pricking in coloring matter so as to form indelible marks or figures or by the production of scars.
Tattoo parlor. The words "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. The words "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. The words "tattoo artist" shall mean any person who actually performs the work of tattooing.
(Ord. No. 84-22, 8-14-84)
Sec. 9-42. - 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 director of public health or his duly authorized assistant. Applications for any such permit shall be made in writing on a form prescribed by the director of public health, wherein the applicant shall agree to conform to all ordinances, rules, and regulations governing such places now in effect or as subsequently enacted, and to permit such examination and inspections as may be deemed necessary by the director of public health. 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 director of public health 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 director of public health may suspend the permit of the operator or artist until said tattoo parlor and the operation thereof is made to conform to the requirements of this article.
(Ord. No. 84-22, 8-14-84)
Sec. 9-43. - Term of permits; renewal.#
All permits issued pursuant to this article shall, unless sooner revoked as hereinafter set forth, expire on April thirtieth following their date of issue. Applications for the renewal of permits shall be made on or before April first 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.
(Ord. No. 84-22, 8-14-84)
Sec. 9-44. - 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.
(Ord. No. 84-22, 8-14-84)
Sec. 9-45. - 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 department of public health, which physical examination shall include an X-ray of the chest and such other laboratory tests as may be deemed necessary by the department of public health. 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.
(Ord. No. 84-22, 8-14-84)
Sec. 9-46. - 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, and signature of patron or customer. All records shall be available for inspection upon request of department of public health.
(Ord. No. 84-22, 8-14-84)
Sec. 9-47. - Minors.#
No tattoo operator or tattoo artist shall tattoo any person who is under the age of twenty-one (21) unless such person shall present to the tattoo operator or 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 section 9-46.
(Ord. No. 84-22, 8-14-84)
Sec. 9-48. - Prohibited designs, words, etc.#
No tattoo operator or tattoo artist shall tattoo on any person any religious design or any obscene word, phrase, or design.
(Ord. No. 84-22, 8-14-84)
Sec. 9-49. - Removal of tattoo.#
No tattoo operator or artist shall remove or attempt to remove any tattoo.
(Ord. No. 84-22, 8-14-84)
Sec. 9-50. - 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 fifty dollars ($50.00) nor more than one hundred dollars ($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 ten dollars ($10.00) nor more than one hundred dollars ($100.00). The director of public health shall revoke the permit of any person who shall be convicted on two (2) separate occasions within a twenty-four-month period of violating any of the provisions of this article.
(Ord. No. 84-22, 8-14-84)
Sec. 9-51. - Operating rooms; 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 customers, operators, and artists within the tattoo parlor or the building in which said tattoo parlor is located.
(Ord. No. 84-22, 8-14-84)
Sec. 9-52. - 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 his fingernails with an individual file, wash his hands with soap and hot water, using individual hand brush, and thoroughly rinse his hands in a germicidal solution to be approved by the department of public health before working on each patron or customer. An individual paper towel or napkin shall be used for drying the tattoo artist's hands after rising. Each tattoo artist shall wear sterile rubber gloves and a clean gown or coat while actually engaged in tattooing.
(Ord. No. 84-22, 8-14-84)
Sec. 9-53. - Cabinets for storage of equipment.#
Adequate cabinets for the storage of instruments, dyes, carbon, and stencils shall be provided for each operator and shall be maintained in a sanitary condition.
(Ord. No. 84-22, 8-14-84)
Sec. 9-54. - 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 the proper facilities for the disposition of waste material.
(Ord. No. 84-22, 8-14-84)
Sec. 9-55. - Ventilation; walls and ceilings.#
Tattoo parlors must have adequate light and ventilation, and all walls and ceilings shall be painted a light color.
(Ord. No. 84-22, 8-14-84)
Sec. 9-56. - Instructions as to care of skin after tattooing.#
Printed or mimeographed instructions, approved by the director of public health, 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.
(Ord. No. 84-22, 8-14-84)
Sec. 9-57. - Preparation of area to be tattooed.#
When it is necessary to shave the area to be tattooed, a new blade for each patron shall be used when a safety razor is employed, and the permanent parts of said safety razor shall be treated as hereinafter set forth for the treatment of a straight razor. If a straight razor is used, it shall be cleansed with soap and water, rinsed in clean water, and then sterilized by being emersed for fifteen (15) minutes in an approved germicidal solution, or by boiling for a period of at least five (5) minutes before the razor is used again on another patron. 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.
(Ord. No. 84-22, 8-14-84)
Sec. 9-58. - Stencil for transferring design.#
The stencil for transferring the design to the skin shall be thoroughly cleaned and rinsed in an approved germicidal solution.
(Ord. No. 84-22, 8-14-84)
Sec. 9-59. - 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.
(Ord. No. 84-22, 8-14-84)
Sec. 9-60. - Needles.#
A sterile set of needles must be used for each patron or customer. Needles used in tattooing shall be sterilized by being placed in boiling water for a period of at least five (5) minutes, shaken dry, and if not immediately used, stored in sterile containers. The open end of the needle tube of the tattooing machine shall be cleaned and sterilized in a similar manner before each use.
(Ord. No. 84-22, 8-14-84)
Sec. 9-61. - Sterilizing device required.#
Each tattoo parlor shall be equipped with a sterilizing device to be approved by the director of public health.
(Ord. No. 84-22, 8-14-84)