TITLE XI: BUSINESS REGULATIONS


                                 Chapter

 

                                                110.     GENERAL PROVISIONS AND FEES

 

                                                111.     SEXUALLY ORIENTED BUSINESSES

 

                                                112.     TATTOO BUSINESS






















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CHAPTER 110: GENERAL PROVISIONS AND FEES


Section


Fee Collection; Board of Health

 

      110.01   Definitions

      110.02   Fees for services




FEE COLLECTION; BOARD OF HEALTH



§ 110.01 DEFINITIONS.


      For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.


      BOARD OF HEALTH. Board of Health, as provided for in I.C. 16-20, as amended.


      HEALTH OFFICER. The County Health Officer, or his or her authorized representative.

(1983 Code, § 3-45-1)



§ 110.02 FEES FOR SERVICES.


      The Board of Health and the County Health Officer having jurisdiction may charge a fee of reasonable cost for rendering to any person regardless of race, creed or color, the following services: skilled nursing care, prenatal and well baby clinic services, food service establishment permits, food market permits, refuse disposal, sewage disposal, bacteriological analysis of drinking water and septic system inspections of existing homes for loan approval, environmental health testing services, fees for birth and death certificates, tattoo business establishments, swimming pools and other public health nuisances. Fees for these various permits and services shall be fixed by resolution of the County


Board of Health and a listing thereof shall be prominently displayed to the public at the office of the County Board of Health, and the listing and future amendments thereto shall be filed by the Board of Health with the office of the County Auditor. Fees collected in accordance with this section shall be transferred to the Health Fund of the county.

(1983 Code, § 3-45-2)



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CHAPTER 111: SEXUALLY ORIENTED BUSINESSES



Section


General Provisions

 

      111.01   Purpose and findings

      111.02   Definitions

      111.03   Location restrictions

      111.04   Measurement of distance

      111.05   Exemptions and defenses

      111.06   Existing businesses; grandfather provisions

      111.07   Permits; enforcement responsibility

      111.08   Application procedure

      111.09   Investigation

      111.10   Issuance or denial


Specific Provisions

 

      111.25   Fees

      111.26   Inspection of premises

      111.27   Permit expiration

      111.28   Suspension

      111.29   Revocation

      111.30   Administrative and judicial review

      111.31   Permit transfer restricted

      111.32   Minors on premises prohibited

      111.33   Advertising and display; lighting

      111.34   Hours of operation

      111.35   Public nudity prohibited

      111.36   Operating without valid permit prohibited

      111.37   Culpable mental state required to establish liability

      111.38   Injunction

Editor’s note:

      This chapter was adopted by Ordinance No.

        2005-5 on August 16, 2005 and subsequently

        amended by Ordinance No. 2005-6 on August

        30, 2005.



GENERAL PROVISIONS



§ 111.01 PURPOSE AND FINDINGS.


      (A)  Purpose.


             (1)  The purpose of this chapter is to regulate sexually oriented businesses in order to promote the health, safety and general welfare of the citizens of the county, and to establish reasonable and uniform regulations to prevent the deleterious secondary effects of sexually oriented businesses within unincorporated areas of the county.


             (2)  The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of or reasonable access to any communicative materials, including sexually oriented materials.


             (3)  Similarly, it is neither the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment to the United States Constitution or Article I, § 9, of the Indiana Constitution, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market.


             (4)  Adoption of this chapter will allow the county to obtain the identity of persons licensed and to be licensed for the operation of sexually oriented businesses to ensure proper identification of those persons responsible for the operation of the businesses so as to assist in the proper enforcement of this chapter.



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             (5)  It is an important public purpose to protect children and the family environment from the deleterious and harmful secondary effects of sexually oriented businesses.


             (6)  It is not the purpose of this chapter to establish community standards on obscenity nor to permit persons to engage in any activity which is in violation of law, including but not limited to, state laws pertaining to the advertising, promotion, distribution or sale of obscene matter or matters portraying a sexual performance by a minor, or state laws pertaining to the use of a minor in a sexual performance or promotion of sexual performance by a minor, or the use of a minor to distribute material portraying sexual performance by a minor.


             (7)  Neither is it the intent nor effect of this chapter to condone or legitimize the distribution of obscene material.


      (B)  Findings. Based on evidence of the adverse secondary effects of adult uses presented in hearings and in reports made available to the Board of Commissioners, and on findings, interpretations, and narrowing constructions incorporated in the cases of City of Littleton v. Z.J. Gifts D-4, LLC, 124 S.Ct. 2219 (June 7, 2004); City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425 (2002); Pap’s A.M. v. City of Erie, 529 U.S. 277 (2000); City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), Young v. American Mini Theatres. 426 U.S. 50 (1976), Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1993); California v. LaRue, 409 U.S. 109 (1972); and Schultz v. City of Cumberland, 26 F.Supp.2d 1128 (W.D. Wisc. 1998), aff’d in part, rev’d in part, 228 F.3d 831 (7th Cir. 2000); Blue Canary Corp. v. City of Milwaukee, 270 F.3d 1156 (7th Cir. 2001); Matney v. County of Kenosha, 86 F.3d 692 (7th Cir. 1996); Berg v. Health & Hospital Corp., 865 F.2d 797 (1989); DiMa Corp. v. Town of Hallie, 185 F.3d 823 (1999); Graff v. City of Chicago, 9 F.3d 1309 (1993); North Avenue Novelties, Inc. v. City of Chicago, 88 F.3d 441 (1996); Chulchian v. City of Indianapolis, 633 F.2d 27 (7th Cir. 1980); Bigg Wolf Discount Video v. Montgomery County, 256 F. Supp. 2d 385 (D. Md. 2003); County of Cook v. Renaissance Arcade and Bookstore, 122 Ill. 2d 123 (1988) (including cases cited therein); World Wide


Video of Washington, Inc. v. City of Spokane, 368 F.3d 1186 (9th Cir. 2004); Ben’s Bar, Inc. v. Village of Somerset, 316 F.3d 702 (7th Cir. 2003); People ex rel Deters v. Effingham Retail 27, Inc., No. 04-CH-26 (4th Judicial Circuit, Effingham County, Ill., June 13, 2005); Annex Books, Inc. v. City of Indianapolis, No. 1:03-CV-918, Summary Judgment Order, Aug. 27, 2004 and Order Denying Motion to Alter or Amend, Mar. 31, 2005 (S.D. Ind.); Andy’s Lounge et al v. City of Gary, No. 2:01-CV-327, Order Granting Summary Judgment, Mar. 31, 2005 (N.D. Ind.): LLEH, Inc. v. Wichita County, 289 F3d 358 (5th Cir. 2002); and based upon reports concerning secondary effects occurring in and around sexually oriented businesses, including, but not limited to, Austin, Texas - 1986; Indianapolis, Indiana - 1984; Garden Grove, California - 1991; Houston, Texas - 1983, 1997; Phoenix, Arizona - 1979, 1995-98; Chattanooga, Tennessee - 1999-2003; Los Angeles, California - 1977; Whittier, California - 1978; Spokane, Washington - 2001; St. Cloud, Minnesota - 1994; Littleton, Colorado - 2004; Oklahoma City, Oklahoma - 1986; Dallas, Texas - 1997; Greensboro, North Carolina - 2003; Amarillo, Texas - 1977; New York, New York Times Square - 1994; Kennedale, Texas - 2005; and the Report of the Attorney General’s Working Group on the Regulation of Sexually Oriented Businesses (June 6, 1989, State of Minnesota), the Board of Commissioners finds:


             (1)  Sexually oriented businesses should be regulated and should be segregated from one another and from religious institutions, schools, boys’ clubs, girls’ clubs, parks, residences and residential neighborhoods to protect the public health, welfare and safety because sexually oriented businesses, as a category of commercial uses, are associated with a wide variety of adverse secondary effects, including, but not limited to, personal and property crimes, prostitution, potential spread of disease, lewdness, public indecency, illicit drug use and drug trafficking, negative impacts on surrounding properties, urban blight, litter and sexual assault and exploitation; and


             (2)  Each of the foregoing negative secondary effects constitutes a harm which the county has a substantial governmental interest in abating and/or preventing in the future, and this substantial government interest exists independent of any






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comparative analysis between sexually oriented and non-sexually oriented businesses.

(1983 Code, § 2-21-1)



§ 111.02 DEFINITIONS.


      For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.


      ADULT ARCADE. A commercial establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors or similar machines or other image producing machines, for viewing by five or fewer persons each, are regularly used to show films, motion pictures, video cassettes, digital video disks (e.g. DVDs), slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.


      ADULT BOOKSTORE or ADULT VIDEO STORE. A commercial establishment which has a significant or substantial portion (25% or more) of its stock-in-trade or interior business space allocated to, or derives 25% or more of its revenues from the sale or rental for any form of consideration of, any one or more of the following: books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, digital video disks (e.g. DVDs), slides or other visual representations which are characterized by the depiction or display of specified sexual activities or specified anatomical areas.


      ADULT CABARET. A nightclub, bar, restaurant, bottle club or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features:


             (1)  Persons who appear semi-nude or in a state of semi-nudity; or


             (2)  Live performances which are character-ized by the exposure of specified anatomical areas or by pictures, video cassettes, digital video disks (e.g.


DVDs), slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.


      ADULT MOTEL. A motel, hotel or similar commercial establishment which:


             (1)  Offers public accommodations, for any form of consideration, which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, digital video disks (e.g. DVDs), slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television; and


             (2)  Offers a sleeping room for rent for a period of time less than ten hours; or


             (3)  Allows a tenant or occupant to sub-rent the sleeping room for a time period of less than ten hours.


      ADULT MOTION PICTURE THEATER. A commercial establishment where films, motion pictures, video cassettes, digital video disks (e.g. DVDs), slides or similar photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas are regularly shown for any form of consideration.


      ADULT THEATER. A theater, concert hall, auditorium or similar commercial establishment which, for any form of consideration, regularly features persons who appear in a state of semi-nudity or live performances which are characterized by exposure of specified anatomical areas or by specified sexual activities.


      CHARACTERIZED BY. This term means the essential character or quality of an item. As applied in this chapter, no business shall be classified as a






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sexually oriented business by virtue of showing, selling or renting materials rated NC-17 or R by the Motion Picture Association of America.


      COMMERCIAL SEXUAL ENTERTAINMENT CENTER. Any commercial establishment not otherwise described herein which as one of its principal uses regularly offers matter, services or entertainment appealing to adult sexual interests if the establishment or its entertainment, services or goods are advertised by or on behalf of the establishment in a manner patently designed to appeal to the adult sexual interests.


      EMPLOYEE. Any person hired by or suffered or permitted to work in a sexually oriented business establishment whether that person receives remuneration or compensation directly from the operator or owner of the establishment, from patrons of the establishment or from any other source whether by contract of employment or otherwise, for work or services performed for the benefit of the sexually oriented business establishment. EMPLOYEE does not include a person exclusively on the premises for repair or maintenance of the premises or for the delivery of goods, such as foods, to the premises.


      ESCORT. A person who, for any form of consideration, agrees or offers to act as a companion, guide or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.


      ESCORT AGENCY. A person or business association who furnishes, offers to furnish or advertises to furnish escorts as one of its primary business purposes for a fee, tip or other consideration.


      ESTABLISH or ESTABLISHMENT. Includes any of the following:


             (1)  The opening or commencement of any type of sexually oriented business as a new business after the adoption of this chapter;


             (2)  The conversion of an existing business, if not a sexually oriented business, to any of the sexually oriented businesses defined in this chapter;



             (3)  The addition of any of the sexually oriented businesses defined in this chapter to any other existing sexually oriented business; or


             (4)  The relocation of any sexually oriented business.


      KNOWINGLY. A person engages in conduct KNOWINGLY if, when he or she engages in the conduct, he or she is aware of a high probability that he or she is doing so.


      LICENSEE. A person in whose name a license to operate a sexually oriented business has been issued, as well as the individual or individuals listed as an applicant on the application for a sexually oriented business license.


      MASSAGE PARLOR. Any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment manipulation of the human body which occurs as a part of or in connection with specified sexual activities, or where any person providing this treatment, manipulation or service related thereto, exposes his or her specified anatomical areas. The definition of sexually oriented businesses shall not include the practice of massage in any licensed hospital, nor by a licensed hospital, nor by a licensed physician, surgeon, chiropractor, osteopath or certified massage therapist, nor by any nurse or technician working under the supervision of a licensed physician, surgeon, chiropractor, osteopath or certified massage therapist, nor by trainers or any amateur, semi-professional or professional athlete or athletic team or school athletic program.


      NUDITY or STATE OF NUDITY. Any of the following: the showing of the human male or female genitals, pubic area, anus or anal cleft with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state.


      OPERATE or CAUSE TO OPERATE. To cause to function, or to put or keep in a state of doing business.






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      OPERATOR. Any person on the premises of a sexually oriented business who operates or manages the business or exercises overall control of the business premises. A person may be found to be operating or causing to be operated a sexually oriented business regardless of whether that person is an owner, part owner or licensee of the business.


      PERMITTED OR LICENSED PREMISES. Any premise that requires a license or permit and that is classified as a sexually oriented business.


      PERMITTEE. Synonymous with LICENSEE.


      PERSON. An individual, proprietorship, partnership, corporation, association or other legal entity.


      PRINCIPAL USE. A substantial or significant use, but not necessarily a majority of the business activity or stock in trade. The fact that a business may have one or more other PRINCIPAL USES unrelated to sexually oriented business shall not relieve the business from the provisions of this chapter applicable to sexually oriented business establishments. PRINCIPAL USE shall exist in the following circumstances:


             (1)  Where a business establishment dedicates, or permits the use of at least 25% of the utilized square footage of its premises for sexually oriented business activity or activities; or


             (2)  Where at least 25% of the gross receipts of a business establishment, excluding food and beverage receipts, result from sexually oriented business activity or activities.


      PUBLIC BUILDING. Any building owned, leased or held by the United States, the state, the county, a city, town, township, any special district, school district or any other agency or political subdivision of the state or the United States, which building is used for government purposes.


      PUBLIC PARK or RECREATION AREA. Public land which has been designated for park or recreational activities, including but not limited to a


park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian or bicycle paths, open space, wilderness areas or similar public land within the county which is under the control, operation or management of the United States, the state, the county, a city, town, township, any special district, school district or any other agency or political subdivision of the state or the United States.


      RECKLESSLY. A person engages in conduct RECKLESSLY if he or she engages in the conduct in plain, conscious and unjustifiable disregard of harm that might result and the disregard involves a substantial deviation from acceptable standards of conduct.


      REGULARLY. As used in the phrases herein such as REGULARLY FEATURES and REGULARLY OFFERS, a consistent and repeated course of conduct engaged in or permitted by the operator of the business.


      RELIGIOUS INSTITUTION. Any church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities.


      RESIDENCE. Any structure, manufactured home or mobile home used by one or more persons as a dwelling.


      RESIDENTIAL DISTRICT OR USE. A single-family, duplex, townhouse, multiple-family or mobile home park or subdivision and campground as defined in the county code.


      SCHOOL. Any public or private educational facility, including but not limited to child day care facilities, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges and universities. SCHOOL includes the school grounds, but does not include the facilities used primarily for another purpose and only incidentally as a school.







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      SELF-DESIGNATED SEXUALLY ORIENTED BUSINESS CENTER. Any establishment which designates all or a portion of its premises as for adults only and has a policy of excluding minors from its premises or from a portion of its premises and which advertises so as to convey the impression that the services, entertainment, matter or goods available at the premises or at the portion of the premises designated for adults only are characterized or distinguished by displays of human genitals or sexual activities.


      SEMI-NUDE. A state of dress which shows the female breast below a horizontal line across the top of the areola and extending across the width of the breast at that point, or the male or female buttocks. This definition shall include the lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breasts exhibited by a dress, blouse, shirt, leotard or similar wearing apparel, provided the areola is not exposed in whole or in part.


      SEMI-NUDE MODEL STUDIO. Any place where a person, who regularly appears in a state of semi-nudity, is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons.


      SEX CLUB, also known as a SWINGERS CLUB. An establishment which provides patrons the opportunity to voluntarily engage in and/or view live consensual sexual activity and which collects remuneration of any kind, including entrance fees, facility use fees, gratuities, fees for goods provided far in excess of their value, and/or donations.


      SEXUAL DEVICE. Any three-dimensional object designed and marketed for stimulation of the male or female human genital organ or anus, or for sadomasochistic use or abuse of oneself or others, and shall include devices such as dildos, vibrators and penis pumps, and shall also include other devices with non-sex related utility, such as leather whips, straps and ligatures, when the devices are marketed in a context suggesting sexual or sado-masochistic purposes. Nothing in this definition shall be construed to include devices primarily intended for protection


against sexually transmitted diseases or for preventing pregnancy. Nothing in this definition shall be construed to restrict sales by any pharmacy, drug store, medical provider or any establishment primarily dedicated to providing medical or healthcare products or services.


      SEXUAL DEVICE SHOP. A commercial establishment that regularly features sexual devices. Nothing in this definition shall be construed to include any pharmacy, drug store, medical clinic or any establishment primarily dedicated to providing medical or healthcare products or services.


      SEXUAL ENCOUNTER ESTABLISHMENT. A business or commercial establishment that, as one of its primary business purposes, offers for any form of consideration, a place where two or more persons may congregate, associate or consort for the purposes of specified sexual activities. The definition of sexually oriented businesses shall not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.


      SEXUALLY ORIENTED BUSINESS. Any of the following businesses, as defined herein: adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel adult motion picture theater, adult theater, escort, escort agency, massage parlor, self-designated sexually oriented business center, semi-nude model studio, sex club, sexual device shop or sexual encounter establishment.


      SPECIFIED ANATOMICAL AREAS. Includes any of the following:


             (1)  Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areola; or


             (2)  Human male genitals in a discernibly turgid state, even if completely and opaquely covered.


      SPECIFIED SEXUAL ACTIVITIES. Masturbation, intercourse, oral copulation or sodomy,






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or excretory functions as a part of or in connection with any of these activities.


      SUBSTANTIAL ENLARGEMENT OF SEXUALLY ORIENTED BUSINESS. Increase in the floor areas occupied by the business by more than 15%, as the floor areas exist on August 15, 2005.


      TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS. Includes any of the following:


             (1)  The sale, lease or sublease of the business;


             (2)  The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; or


             (3)  The establishment of a trust, gift or other similar legal device which transfers ownership or control of the business, except for transfer by bequest or other operation of law upon the death of a person possessing the ownership or control.

(1983 Code, § 2-21-2)



§ 111.03 LOCATION RESTRICTIONS.


      No person shall cause or permit the establishment of any sexually oriented business in the unincorp-orated areas of the county, as defined above, within 1,000 feet of another sexually oriented business or within 1,000 feet of any religious institution, school, boys’ club, girls’ club, public park or within 1,000 feet of any residence or property zoned for residential use.

(1983 Code, § 2-21-3)



§ 111.04 MEASUREMENT OF DISTANCE.


      As regarding § 111.03 above, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business. The distance between any sexually oriented business and any religious institution, school, boys’ club, girls’ club, public park


or any residence or property zoned for residential use, shall be measured in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as part of the premises where the sexually oriented business is conducted, to the nearest property line of the premises of a religious institution, school, boys’ club, girls’ club, public park or any residence or property zoned for residential use.

(1983 Code, § 2-21-4)



§ 111.05 EXEMPTIONS AND DEFENSES.


      (A)  It is a defense to an action for any violation under this chapter if the person appearing in a state of nudity did so for a modeling class operated:


             (1)  By a proprietary school licensed by the state; a college, junior college or university supported entirely or partly by taxation;


             (2)  By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation; or


             (3)  In a structure:


                   (a)  Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing;


                   (b)  Where, in order to participate in a class a student must enroll at least three days in advance of the class; and


                   (c)  Where no more than one nude model is on the premises at any one time.


      (B)  It is a defense to prosecution for a violation of this chapter that an employee of a sexually oriented business, regardless of whether or not it is permitted under this chapter, exposed any specified anatomical area during the employee’s bona fide use of a restroom, or during the employee’s bona fide use of a dressing room which is accessible only to employees.

(1983 Code, § 2-21-5)






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§ 111.06 EXISTING BUSINESSES;

GRANDFATHER PROVISIONS.


      (A)  (1)  Generally. A sexually oriented bus-iness, existing and operating lawfully in all respects prior to August 15, 2005, that is in a location that does not comply with § 111.03 above, may continue to operate for one year following August 15, 2005 in order to make a reasonable recoupment of its investment in its current location. At the conclusion of the one year, the sexually oriented business will no longer be allowed to operate at any location that does not comply with § 111.03 above. The sexually oriented business may seek one or more six-month extension(s) of the original one-year period upon a showing of financial hardship. An application for an initial extension based upon financial hardship shall be made at least 60 days before the conclusion of the aforementioned one-year period. If a hardship extension is granted, subsequent applications for hardship extensions shall be made at least 60 days before the conclusion of the sexually oriented business’s then-current extension period.


             (2)  Procedure for seeking hardship extension. An application for a hardship extension shall be filed in writing with the Board of Commissioners, and shall include evidence of purchase and improvement costs, income earned and lost, depreciation and costs of relocation and evidence of compliance with the county ordinances applicable to the business. The Board of Commissioners shall schedule the matter for a public hearing at the next regularly-scheduled Board of Commissioners meeting. The Board shall issue a written decision within ten days after the public hearing on the application for a hardship extension.


      (B)  (1)  A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of a sexually oriented business permit or license, of a religious institution, school, public park, public building, residential district or residence within 1,000 feet of the sexually oriented business.


             (2)  This provision applies only to the renewal of a valid permit or license and does not


apply when an application for a permit or license is submitted after a permit or license has expired or has been revoked.


      (C)  A sexually oriented business existing and operating lawfully in all respects prior to August 15, 2005 shall apply for the permit provided for by § 111.07 below within 30 days of the effective date of this chapter.

(1983 Code, § 2-21-6)



§ 111.07 PERMITS; ENFORCEMENT

RESPONSIBILITY.


      (A)  It shall be unlawful and a person is in violation of this chapter if he or she operates or causes to be operated a sexually oriented business without this permit.


      (B)  The Building Commissioner of the county or his or her designee is responsible for granting, denying, revoking, renewing, suspending and canceling sexually oriented business permits for proposed or existing sexually oriented businesses. The Building Commissioner of the county or his or her designee is also responsible for ascertaining whether a proposed sexually oriented business for which a permit is being applied for complies with all locational requirements of § 111.03 above and all applicable zoning laws.

(1983 Code, § 2-21-7) Penalty, see § 10.99



§ 111.08 APPLICATION PROCEDURE.


      (A)  No person shall maintain, operate, conduct or cause to be conducted, any sexually oriented business within the limits of the county without first obtaining a permit under this section.


      (B)  An applicant for a sexually oriented business permit shall file with the Building Commissioner of the county a completed application made on a form prescribed and provided by the Building Commis-sioner of the county. An application shall be considered complete if it includes the information required in this section. The applicant shall be






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qualified according to the provisions of this chapter. The application is complete when it includes the information and items required in divisions (B)(1) and (2) below:


             (1)  An application for permit must contain the following information:


                   (a)  The full true name of the applicant, and any other names or aliases used in the preceding five years;


                   (b)  The applicant’s current business or mailing address;


                   (c)  Proof that the applicant is at least 18 years of age, consisting of either:


                        1.     A copy of the applicant’s birth certificate and current photo;


                        2.     A copy of the applicant’s driver’s license with picture; or


                        3.     Another picture identification document issued by a government agency.


                   (d)  The name of the business, the business location and legal description of the property, a description of the type of sexually oriented business;


                   (e)  A sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared, but shall be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches;


                   (f)   A signed statement stating the following:


                        1.     That the business is authorized by the state to conduct business within the state;


                        2.     That the site being applied for meets the requirements of § 111.03 above; and



                        3.     The name and address of the statutory agent or other agent authorized to receive service of process.


                   (g)  If a person wishing to operate a sexually oriented business is an individual, he or she shall sign the application for a permit as applicant. If an entity (partnership, corporation, limited liability company and the like) or group of individuals seeks to obtain a permit, each individual with 30% or greater ownership interest must sign as an applicant under oath and provide the information required in this division.


             (2)  The applicant shall be required to pay a non-refundable application fee as set forth in § 111.25 below.


      (B)  The information provided by an applicant in connection with the application for a permit under this chapter shall be maintained by the county on a confidential basis, and may be disclosed only:


             (1)  To other governmental agencies in connection with a bona fide law enforcement or public safety function; or


             (2)  As may otherwise be required by law or a court order.


      (C)  Applicants for a permit under this section shall have a continuing duty to promptly supplement application information required by this section in the event that the information changes in any way from what is stated on the application. The failure to comply with this continuing duty within 30 days from the date of the change by supplementing the application on file with the Building Commissioner of the county, shall be grounds for suspension of a permit.


      (D) In the event that the Building Commissioner of the county or his or her designee determines or learns at any time that the applicant has improperly completed the application for a proposed sexually oriented business, the Building Commissioner shall promptly notify the applicant of that fact and allow the






14                                            Jackson County - Business Regulations



applicant ten days to properly complete the application. The time period for granting or denying a permit shall be stayed during the period in which the applicant is allowed an opportunity to properly complete the application.

(1983 Code, § 2-21-8) Penalty, see § 10.99



§ 111.09 INVESTIGATION.


      (A)  Upon receipt of an application properly filed with the county and upon payment of the non-refundable application fee, the Building Commissioner or his or her designee shall immediately stamp the application as received and shall immediately thereafter send photocopies of the application to the county agencies responsible for enforcement of this chapter. Each department or agency shall promptly conduct an investigation of the applicant, application and the proposed sexually oriented business in accordance with its responsibilities under law and as set forth in this chapter. The investigation shall be completed within 20 days of receipt of the application by the Building Commissioner or his or her designee. At the conclusion of its investigation, each department or agency shall indicate on the photocopy of the application its approval or disapproval of the application, date it, sign it and, in the event it disapproves, state the reasons therefor.


      (B)  After its indication of approval or disapproval, each department or agency shall immediately return the photocopy of the application to the Building Commissioner or the county or his or her designee.

(1983 Code, § 2-21-9)



§ 111.10 ISSUANCE OR DENIAL.


      (A)  Within 30 days after the receipt of a completed application, the Building Commissioner shall either issue a permit or issue a written denial of a permit to the applicant.


      (B)  The Building Commissioner shall approve the application and grant a sexually oriented business unless one or more of the following is true:



             (1)  An applicant is less than 18 years of age;


             (2)  An applicant has failed to provide information required by § 111.08 above, or has provided false information on the application;


             (3)  The premises to be used for the sexually oriented business are not in compliance with the locational requirements of § 111.03 above;


             (4)  The applicant failed to pay the non-refundable permit application fee; and/or


             (5)  The applicant has a permit under this chapter that has been revoked within the previous year.


      (C)  The granting of a permit to a permittee for a sexually oriented business shall be for one year and is non-transferable to any other person other than the applicant(s) listed on the application and is valid only for the location listed on the application.

(1983 Code, § 2-21-10)




SPECIFIC PROVISIONS



§ 111.25 FEES.


      The application fee for a sexually oriented business permit shall be $100.

(1983 Code, § 2-21-11)



§ 111.26 INSPECTION OF PREMISES.


      Sexually oriented business permittees and their employees shall permit officers or agents of the city to inspect, from time to time on an occasional basis, the portions of the sexually oriented businesses premises where patrons are permitted, for the purpose of ensuring compliance with the specific regulations of this chapter, during those times when the sexually oriented business is occupied by patrons or is open for business. This section shall be narrowly construed by the city to authorize reasonable inspections of the






Sexually Oriented Businesses15



permitted premises pursuant to this chapter, but not to authorize a harassing or excessive pattern of inspections.

(1983 Code, § 2-21-12)



§ 111.27 PERMIT EXPIRATION.


      (A)  Each permit shall expire one year from the date of issuance and may be renewed only by making application as provided in § 111.07 above; for renewals, filing of the original survey, if applicable, shall be sufficient.


      (B)  Application for renewal shall be made not more than 120 days and not less than 90 days before the expiration date, and when made less than 90 days before the expiration date, the expiration of the permit will not be affected.

(1983 Code, § 2-21-13)



§ 111.28 SUSPENSION.


      (A)  The county shall issue a written notice of intent to suspend a permit for a period not to exceed 30 days if a permittee has knowingly violated any section of this chapter or has knowingly allowed an employee of the sexually oriented business to violate this chapter.


      (B)  The issuance of a written notice of intent to suspend shall not be a prerequisite to issuance of a written notice of intent to revoke a permit per § 111.29 below.

(1983 Code, § 2-21-14)



§ 111.29 REVOCATION.


      (A)  The Board of Commissioners of the county or its designee shall issue written notice of intent to revoke a permit if a cause of suspension in § 111.28 occurs and the permit has been suspended for any reason within the preceding 12 months.


      (B)  The Board of Commissioners of the county or their designee shall issue written notice to revoke a permit if:


             (1)  A permittee gave false information in the material submitted during the application process;


             (2)  A permittee has knowingly or recklessly allowed possession, use or sale of controlled substances in or on the premises;


             (3)  A permittee has knowingly or recklessly allowed prostitution on the premises;


             (4)  A permittee has knowingly or recklessly operated the sexually oriented business during a period of time when the permittee’s permit was suspended; or


             (5)  A permittee has knowingly or recklessly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation or any other specified sexual activities to occur in or on the permitted premises.


      (C)  When the county revokes a permit, the revocation shall continue for one year and the permittee shall not be issued a sexually oriented business permit for one year from the date revocation became effective.

(1983 Code, § 2-21-15)



§ 111.30 ADMINISTRATIVE AND JUDICIAL

REVIEW.


      (A)  If facts exist for denial, suspension or revocation of a permit under this chapter, the Building Commissioner shall notify the applicant or permittee (respondent) in writing of the intent to deny, suspend or revoke the permit, including the grounds therefor, by personal delivery or by certified mail. The notification shall be directed to the most current business address on file with the Building Commissioner. Within five working days of receipt of the notice, the respondent may provide to the Building Commissioner, in writing, a response that shall include a statement of reasons why the permit should not be denied, suspended or revoked. Within three days of the receipt of respondent’s written response, the Board of Commissioners shall notify respondent in writing of the hearing date on respondent’s denial, suspension or revocation proceeding.







16                                            Jackson County - Business Regulations



             (1)  Within ten working days of the receipt of respondent’s written response, the Board of Commissioners shall conduct a hearing at which respondent shall have the opportunity to be represented by counsel and present evidence and witnesses on his or her behalf. The Board of Commissioners shall issue a written opinion and decision within five days of the hearing. If a response is not received by the Board of Commissioners in the time provided or, if after a hearing, the Board of Commissioners finds that grounds as specified in this chapter exist for denial, suspension or revocation, then the denial, suspension or revocation shall become final five days after the Board of Commissioners sends, by certified mail, written notice that the permit has been denied, suspended or revoked. The notice shall include a statement advising the applicant or permittee of the right to appeal the decision to a court of competent jurisdiction.


             (2)  If the Board of Commissioners finds that no grounds exist for denial, suspension or revocation of a permit, then within five days after the hearing, the Board of Commissioners shall withdraw the intent to deny, suspend or revoke the permit, and shall so notify the respondent in writing by certified mail of the action and, in the case of an application for a permit, shall contemporaneously issue the permit.


      (B)  When a decision to deny, suspend or revoke a permit becomes final, the applicant or permittee (aggrieved party) whose application for a permit has been denied, or whose permit has been suspended or revoked, shall have the right to appeal the action to a court of competent jurisdiction. The following shall apply to businesses that have previously obtained a license under this chapter: upon the filing of any court action to appeal, challenge, restrain or otherwise enjoin the county’s enforcement of the denial, suspension or revocation, the county shall immediately issue the aggrieved party a provisional permit. The provisional permit shall allow the aggrieved party to continue operation of the sexually oriented business, and will expire upon the court’s entry of a judgment on the aggrieved party’s action to appeal, challenge, restrain or otherwise enjoin the county’s enforcement.

(1983 Code, § 2-21-16)




§ 111.31 PERMIT TRANSFER RESTRICTED.


      A permittee shall not operate a sexually oriented business under the authority of a permit at any place other than the address designated in the application for permit.

(1983 Code, § 2-21-17)



§ 111.32 MINORS ON PREMISES

PROHIBITED.


      A person is in violation of this chapter if he or she operates or causes to be operated a sexually oriented business, regardless of whether or not a permit has been issued for that business under this chapter, and knowingly or with reasonable cause to know, permits, suffers or allows:


      (A)  Admittance of a person under 18 years of age to the business premises;


      (B)  A person under 18 years of age to remain at the business premises;


      (C)  A person under 18 years of age to purchase goods or services at the business premises; or


      (D) A person who is under 18 years of age to work at the business premises as an employee.

(1983 Code, § 2-21-18)



§ 111.33 ADVERTISING AND DISPLAY;

LIGHTING.


      (A)  All off-street parking areas and premises entries of the sexually oriented business shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one foot-candle of light on the parking surface and walkways. This required lighting level is established in order to provide sufficient illumination of the parking areas and walkways serving the sexually oriented business for the personal safety of patrons and employees and to reduce the incidence of vandalism and criminal






Sexually Oriented Businesses17



conduct. The lighting shall be shown on the required sketch or diagram of the premises.


      (B)  Nothing contained in this section shall relieve the operator(s) of a sexually oriented business from complying with the requirements of the county in this chapter, commonly known as the sexually oriented business ordinance, as it may be amended from time to time, or any subsequently enacted county ordinance or regulations.

(1983 Code, § 2-21-19)



§ 111.34 HOURS OF OPERATION.


      (A)  It shall be unlawful and a person is in violation of this chapter if he or she operates or causes to be operated a sexually oriented business, regardless of whether or not a permit has been issued for that business under this chapter, between the hours of 11:00 p.m. and 7:00 a.m. of any particular day.


      (B)  This section shall not apply to prohibit the operation of businesses licensed by the State Alcoholic Beverage Commissioner during the lawful hours of operation as provided by the State Alcoholic Beverage Commission.

(1983 Code, § 2-21-20) Penalty, see § 10.99



§ 111.35 PUBLIC NUDITY PROHIBITED.


      (A)  The U.S. Supreme Court decision in Barnes v. Glen Theatre, Inc. 501 U.S., Ill S. Ct. 2456, (June 21, 1991), which upheld the rights of local governments to prohibit live public exposure of a person’s private parts, specifically applies to sexually oriented businesses, regardless of whether or not a permit has been issued to those businesses under this chapter, including those businesses where no alcoholic beverages are sold, served or consumed at the premises.


      (B)  Public nudity is prohibited within the county, including any sexually oriented business. Any sexually oriented business which is found in violation of this


section shall have its permit suspended pursuant to the provisions of § 111.28 above.

(1983 Code, § 2-21-21)



§ 111.36 OPERATING WITHOUT VALID

PERMIT PROHIBITED.


      A person is in violation of this chapter if he or she operates or causes to be operated a sexually oriented business, regardless of whether or not a permit has been issued for that business under this chapter, and that person knows or should know that:


      (A)  The business does not have a sexually oriented business permit under this chapter for any applicable classification;


      (B)  The business has a permit which is under suspension;


      (C)  The business has a permit which has been revoked; or


      (D) The business has a permit which has expired.

(1983 Code, § 2-21-22)



§ 111.37 CULPABLE MENTAL STATE

REQUIRED TO ESTABLISH LIABILITY.


      Where any provision or offense herein fails to state a necessary level of culpability to establish a violation or liability, the offense shall be established upon a showing that the person acted knowingly or recklessly with regard to the predicate act. Notwithstanding anything to the contrary, for the purposes of this chapter, an act by an employee shall be imputed to the sexually oriented business permittee for the purpose of establishing a violation of this chapter, or for purposes of license denial, suspension or revocation only if a permittee allowed, either knowingly or recklessly, a violation of this chapter to occur. It shall be a defense to liability that the sexually oriented business permittee was powerless to prevent the violation.

(1983 Code, § 2-21-23)







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§ 111.38 INJUNCTION.


      A person who operates or causes to be operated a sexually oriented business in violation of this chapter, is subject to a suit for injunction. If any injunction must be sought, attorney’s fees and costs will be assessed at the discretion of the court against the violator.

(1983 Code, § 2-21-24)





 


CHAPTER 112: TATTOO BUSINESS



Section

 

      112.01   Purpose

      112.02   State law adopted

      112.03   Definitions

      112.04   Minimum requirements

      112.05   Authority to inspect and to copy records

      112.06   Inspections

      112.07   Permits and fees

      112.08   Renewal of permits

      112.09   Suspension of permit

      112.10   Right to a hearing

      112.11   Reinstatement of permit

      112.12   Prosecution of hearing for violations

      112.13   Effective date

 

      112.99   Penalty




§ 112.01 PURPOSE.


      A chapter defining a tattoo business, requiring permits, permit fees, for the operation of a tattoo business, prohibiting the application of a tattoo to a minor, regulating the inspection of a tattoo business, providing for the enforcement of this chapter and affixing penalties. (Revised and based in accordance with 410 I.A.C. 1-5: Sanitary Operations of Tattoo Parlors.)

(Ord. 2000-3, passed 2-15-2000)



§ 112.02 STATE LAW ADOPTED.


      All of the terms and conditions of 410 I.A.C. 1-5-36 et seq. and any amendments thereto regarding the licensing and operation of a tattoo parlor are hereby incorporated by reference.

(Ord. 2000-3, passed 2-15-2000)


§ 112.03 DEFINITIONS.


      For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.


      BLOOD. According to 410 I.A.C. 1-5-2, human blood.


      BLOOD-BORNE PATHOGENS. According to 410 I.A.C. 1-5-3, pathogenic microorganisms that are present in human blood and can cause disease in humans. These pathogens include, but are not limited to, the following: HBV, HCV, HIV.


      CLEANED. According to 410 I.A.C. 1-5-4, removal of all visible dust, soil or any other foreign material.


      CONTAMINATED. According to 410 I.A.C. 1-5-5, the presence or reasonably anticipated presence of blood or OPIM on an item or surface.


      DECONTAMINATED. According to 410 I.A.C. 1-5-6, the use of physical or chemical means to remove, inactivate or destroy blood-borne pathogens on a surface or item which does not require sterilization to the point where they are no longer capable of transmitting infectious particles and the surface or item is rendered safe for handling, use or disposal.


      DEPARTMENT. According to 410 I.A.C. 1-5-7, the State Department of Health.


      HBV. According to 410 I.A.C. 1-5-8, the hepatitis B virus.



19


20                                            Jackson County - Business Regulations



      HCV. According to 410 I.A.C. 1-5-9, the hepatitis C virus.


      HIV. According to 410 I.A.C. 1-5-10, the human immunodeficiency virus.


      HEALTH OFFICER. The Jackson County Health Officer or his or her authorized representative.


      INFECTIOUS WASTE. According to 410 I.A.C. 1-5-11, waste that epidemiological evidence indicates is capable of transmitting a dangerous communicable disease. INFECTIOUS WASTE includes, but is not limited to the following:


             (1)  Contaminated sharps or contaminated objects that could potentially become contaminated sharps;


             (2)  Infectious biological cultures, infect-ious associated biological and infectious agent stock;


             (3)  Pathological waste;


             (4)  Blood and blood products in liquid and semi-liquid form;


             (5)  Carcasses, body parts, blood and body fluids in liquid and semi-liquid form, and bedding of laboratory animals; and


             (6)  Other waste that has been intermingled with infectious waste.


      OTHER POTENTIALLY INFECTIOUS MATERIALS or OPIM. According to 410 I.A.C. 1-5-12, the following:


             (1)  Human body fluids as follows:


                   (a)  Semen;


                   (b)  Vaginal secretions;


                   (c)  Cerebrospinal fluid;



                   (d)  Synovial fluid;


                   (e)  Pleural fluid;


                   (f)   Pericardial fluid;


                   (g)  Peritoneal fluid;


                   (h)  Amniotic fluid;


                   (i)   Saliva in dental procedures;


                   (j)   Any body fluid that is visibly contaminated with blood; and


                   (k)  All body fluids where it is difficult or impossible to differentiate between body fluids.


             (2)  Any unfixed tissue or organ, other than intact skin, from a human, living or dead; and/or


             (3)  HIV-containing cell or tissue cultures, and HIV- or HBV-containing culture medium or other solutions, and blood, organs or other tissues from experimental animals infected with HIV or HBV.


      PARENTERAL. According to 410 I.A.C. 1-5-13, piercing the mucous membranes or the skin barrier through such events as needlesticks, human bites, cuts or abrasions.


      PERSON. An individual, group of individuals, association, partnership, corporation, firm or comp-any.


      PERSONAL PROTECTIVE EQUIPMENT. According to 410 I.A.C. 1-5-14, specialized clothing or equipment worn for protection against contact with blood or OPIM.


      SECURE AREA. According to 410 I.A.C. 1-5-15, an area maintained to prevent the entry of unauthorized persons.


      SEMI-LIQUID BLOOD, BLOOD PRODUCTS. According to 410 I.A.C. 1-5-16, blood; blood






Tattoo Business21



products that have intermediate fluid properties and are capable of flowing in a manner similar to liquid.


      SHALL. A term used to indicate that which is required, the only acceptable method under these rules.


      SHOULD. A term used to reflect the more preferable method, yet providing for the use of effective alternatives.


      STERILIZE. According to 410 I.A.C. 1-5-17, the use of a physical or chemical procedure to destroy all microbial life, including highly resistant bacterial endospores.


      STORE. According to 410 I.A.C. 1-5-18, the containment of infectious waste in such a manner as not to constitute collection, treatment, transport or disposal.


      TATTOO. According to 410 I.A.C. 1-5-19:


             (1)  Any indelible design, letter, scroll, figure, symbol or other mark placed with the aid of needles or other instruments; or


             (2)  Any design, letter, scroll, figure or symbol done by scarring; upon or under the skin.


      TATTOO ARTIST. According to 410 I.A.C. 1-5-20, any person who provides a tattoo to an individual.


      TATTOO OPERATOR. Any person who controls, operates, conducts, manages or owns a tattoo parlor.


      TATTOO PARLOR. Any room or space where tattooing is provided or where the business of tattooing is conducted.


      UNDEFINED WORDS. Words not specifically defined in this chapter shall have the common definition set forth in a standard dictionary.


      UNIVERSAL PRECAUTIONS. According to 410 I.A.C. 1-5-23, an approach to infection control in which all human blood and certain human body fluids


are treated as if known to be infectious for HIV, HBV, HCV and other blood-borne pathogens.

(Ord. 2000-3, passed 2-15-2000)



§ 112.04 MINIMUM REQUIREMENTS.


      All rules and regulations should be followed according to 410 I.A.C. 1-5-36 (rules pertaining to work environment), in addition to the following requirements made by the county.


      (A)  Sanitary facilities.


             (1)  Water supply. The water supply shall be adequate, of a safe sanitary quality, and from an approved source.


                   (a)  All private water supplies shall be subject to inspection at all times and no water from the source shall be used or supplied to the public unless samples therefrom have been tested and approved within the past 12 months.


                   (b)  A copy of the water analysis shall be available on the premises.


                   (c)  All water not piped into the tattooing establishment directly from source shall be transported, handled, stored and dispensed in a sanitary manner.


             (2)  Sewage disposal; water-carried sewage. All water carried sewage shall be disposed of by means of:


                   (a)  A public sewer system; or


                   (b)  An approved sewage disposal system which is constructed and operated in conformance with applicable state and local laws, ordinances and regulations.


             (3)  Illumination.


                   (a)  At least 25 foot-candles of light intensity shall be provided at a distance of 30 inches above the floor throughout the tattooing room;







22                                            Jackson County - Business Regulations



                   (b)  At least 70 foot-candles of light shall be maintained at the place and on the surfaces, materials and equipment where tattooing is being performed.


             (4)  Toilet facilities.


                   (a)  A toilet and lavatory shall be located in the tattoo establishment and shall be accessible to the tattooing operator/artist at all times that the establishment is open for business.


                   (b)  A lavatory with hot and cold running water, from a combination supply fixture shall be located in the room where tattooing is performed. Hand cleanser and sanitary towels shall be provided.


                   (c)  Toilet rooms shall be vented to outside air.


                   (d)  The use of common towels and common cups shall be prohibited.


      (B)  Temporary establishments.


             (1)  No person shall be permitted to practice the art of tattooing in any temporary place of business, such as agricultural fairs, carnivals, mass gatherings or similar public gatherings of a temporary nature.


             (2)  Mobile tattoo establishments shall not be allowed.


      (C)  Care of instruments.


             (1)  Sterilizing of instruments.


                   (a)  A sterilizer (autoclave) shall be provided for sterilizing needles and similar instruments before use on any patron. (Alternative sterilizing procedures may be used when specifically approved by ISDH.)


                   (b)  Before sterilizing, all needles and similar instruments shall be thoroughly washed to remove dyes, blood clots and other foreign matter.



                   (c)  The needles and instruments required to be sterilized shall be so used, stored, handled and temporarily placed during tattooing so that they do not become contaminated.


             (2)  Note: only single-use needles are allowed for the purpose of tattooing as per 410 I.A.C. 1-5-33(b). All other sterilizing methods should be followed as per 410 I.A.C. 1-5: Sanitary Operations of Tattoo Parlors.


      (D) Tattooing of animals.


             (1)  No person shall allow the tattooing of animals in a tattoo establishment used for tattooing human beings.


             (2)  No needles or similar instruments used in tattooing of humans shall be used to tattoo animals.


      (E)  Disease control. No person who is infected with any disease in a communicable form or is a carrier of the disease shall work within a tattoo business.


      (F)  Licensed practitioners. These rules are not applicable to any establishments under the direct control of a duly licensed practitioner of the healing arts, nor do they apply to licensed medical hospitals, and similarly licensed medical institutions.

(Ord. 2000-3, passed 2-15-2000) Penalty, see § 112.99



§ 112.05 AUTHORITY TO INSPECT AND TO

COPY RECORDS.


      (A)  Access to all areas. The County Health Officer or his or her duly appointed agent bearing proper identification shall be permitted to enter upon all areas for the purpose of inspection, observation and sanitary testing as is necessary to carry out the provisions of this chapter.


      (B)  State form. A general inspection form for tattoo establishments will be used to check the facility for sanitary conditions, proper record keeping






Tattoo Business23



practices, to ensure the proper disposal of all infectious wastes, and any other areas deemed necessary by the County Health Department.


      (C)  Inspections are public record. The inspection forms will be kept (similar to food establishment inspections) on file at the County Health Department and be readily available to the public for viewing.


      (D) Pre-tattoo application required. The person operating the establishment shall maintain permanent records for each patron. Before the tattooing operation begins, the patron shall be required to personally enter on a record form provided for the establishments, the date, his or her name, address, age, social security number, serial number if a member of the armed forces, and his or her signature. The person operating the establishment shall retain records for a period of not less than two years. The records shall be available for examination upon request.


      (E)  Receipt required. The tattoo operator shall issue a receipt to each patron setting forth the name and address of the establishment.


      (F)  Records maintained. In the event of a change of ownership or closing of the business, all the records shall be made available to the County Health Department, as well as, ISDH.


      (G)  Infections reported. All infections resulting from the practice of tattooing which become; known to the tattoo artist or tattoo operator shall be reported to the JCHD, as well as, ISDH within 24 hours by the person owning or operating the tattoo establishment, and the infected client shall be referred to a physician.

(Ord. 2000-3, passed 2-15-2000)



§ 112.06 INSPECTIONS.


      (A)  Frequency of inspection. At least two times each year, the Health Officer shall inspect each tattoo business for which a permit is required under the provisions of this chapter.



      (B)  Procedure when violations are noted. If during the inspection of any tattoo business the Health Officer discovers the violation of any of the requirements in § 112.05 above, he or she shall issue a written order listing the violations to the proprietor or, in his or her absence, to the person in charge, and fixing a time within which the proprietor shall abate and remedy those violations. A copy of the written order shall be filed with the records of the County Health Department.


      (C)  Final inspection. If upon a second or final inspection the Health Officer finds that the tattoo business or employee is violating any of the provisions of this chapter which were in violation of the previous inspection and concerning which a written order was issued, the Health Officer shall furnish evidence of the violation to the Prosecuting Attorney having jurisdiction in the county in which the violation occurs.


      (D) Extension of compliance. The Health Officer may, if he or she determines that any person who is otherwise not in compliance with the order to comply within the time requirements has acted in good faith and has made a commitment (in the form of contracts or other securities) of necessary resources to achieve compliance, grant an extension of the date referred to in division (B) above to a date which will achieve compliance at the earliest time possible but not later than six months from the original date of compliance.

(Ord. 2000-3, passed 2-15-2000)



§ 112.07 PERMITS AND FEES.


      (A)  Permit required from JCHD. It shall be unlawful for any person to place a tattoo upon the body of another person within the county; state or in any area under the jurisdiction of the county, without obtaining a signed permit from the County Health Department.


      (B)  Permit posted. The permit shall be posted in a conspicuous place within the tattoo business.


      (C)  Pre-opening inspection. A permit for a new tattoo business shall not be issued until a pre-opening






24                                            Jackson County - Business Regulations



inspection is completed to the satisfaction of the Health Officer. The applicant for the permit shall notify the County Health Officer when the business is ready for inspection. The inspection shall be made within three business days of the receipt of the application.


      (D) Permit fees. The fee for the issuance of a tattoo business establishment permit may be fixed and charged by the County Board of Health in accordance with § 110.02 of this code of ordinances.

(Ord. 2000-3, passed 2-15-2000)



§ 112.08 RENEWAL OF PERMITS.


      (A)  Re-submittal required. Complete application for renewal of permits must be submitted at least 30 days prior to the expiration date of the expiring permit, and comply with all of the conditions set forth in this chapter.


      (B)  Evaluation of renewal. Evaluation of an operating permit renewal application will be based on the quality of operation during the period of previous permit. If the standards specified in this chapter have been met, the permit will be reissued.


             (1)  Evaluation will be based on reports of all inspections made during the evaluation period. No permit shall be renewed if the facility holding that permit has not been substantially in compliance with this chapter.


             (2)  No permit shall be renewed if, on more than half of the inspections, the operation did not meet requirements of 410 I.A.C. 1-5-2: Sanitary Operations of Tattoo Parlors.

(Ord. 2000-3, passed 2-15-2000)



§ 112.09 SUSPENSION OF PERMIT.


      Any permit issued under this chapter may be temporarily suspended by the Health Officer without notice or hearing for a period of not to exceed 60 days, for any of the following reasons:



      (A)  Unsanitary or other conditions which in the Health Officer’s opinion endanger the public’s health; or


      (B)  Interference with the Health Officer or any of his or her authorized representatives in the performance of their duties.

(Ord. 2000-3, passed 2-15-2000)



§ 112.10 RIGHT TO A HEARING.


      (A)  The Health Officer may issue a written order to the permittee of the tattoo business to appear for a hearing at a certain time, no later than ten days from the date of the last inspection and at a fixed place in order for the permittee to show cause why the license issued under the provisions of this chapter should not be revoked by administrative enforcement.


      (B)  This written order will be delivered to the permittee by leaving a copy at his or her normal place of business or by delivery by registered or certified mail.

(Ord. 2000-3, passed 2-15-2000)



§ 112.11 REINSTATEMENT OF PERMIT.


      Any person whose permit has been suspended may at any time make application to the Health Officer for the reinstatement of his or her permit.

(Ord. 2000-3, passed 2-15-2000)



§ 112.12 PROSECUTION OF HEARING FOR

VIOLATIONS.


      The prosecutor shall prosecute all persons violating the provisions of this chapter, or the Health Officer may promptly issue a written order to the permittee of the tattoo business to appear at a certain time, no later than ten days from the date of the final inspection, and at a place in the county fixed in that order to show cause why the permit issued under the provision of §§ 112.05 or 112.06 above should not be revoked.

(Ord. 2000-3, passed 2-15-2000)







Tattoo Business25



§ 112.13 EFFECTIVE DATE.


      This chapter shall take effect upon passage and publication in accordance with I.C. 36-2-4-8(b).

(Ord. 2000-3, passed 2-15-2000)




§ 112.99 PENALTY.


      (A)  General. Any person who violates the provisions of this chapter shall be fined (i.e. assessed a judgment in favor of County Health Department) in an amount not to exceed $1,000, plus court costs. Each day after the expiration of the time limit for abating unsanitary conditions and completing improvements to abate those conditions where compliance with the order by the County Board of Health, or by the duly appointed Health Officer of the county, has not been met, shall constitute a distinct and separate offense.


      (B)  Civil actions.


             (1)  The Health Officer is authorized to commence a civil action for appropriate relief, including: a permanent or temporary injunction for any violation; and/or civil penalties of not more than $50 for the first offense and not more than $500 for the second offense; and of not more than $500 for each subsequent offense. Each day after the expiration of the time limit for abating unsanitary conditions and completing improvements to abate those conditions where compliance with such as ordered by the County Board of Health or by the duly appointed Health Officer of the county or his or her representative has not been met shall constitute a distinct and separate offense. Any action under this chapter may be brought in the County Circuit Court and may be brought by the County Attorney or by another attorney of the choosing of the Health Board.


             (2)  Any person found to be in violation of any provision of this chapter shall be assessed all costs and expenses of the investigation and shall, in addition, be liable for all reasonable attorney fees and costs incurred by the County Health Department, in addition to any fines assessed in favor of the County


Health Department, for the enforcement of this chapter.

(Ord. 2000-3, passed 2-15-2000)







26                                            Jackson County - Business Regulations