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An Ordinance to Amend Subsections 9.30(1)(a), (2), (3)(c), (7)(a)-(j), (17), (19), (26)(a), (26)(b)6 and 10, (27) and (28)(a) of the West Allis Revised Municipal Code Relating to Tattoo and Body Piercing Establishments.
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The Common Council of the City of West Allis do ordain as follows:
PART I. Subsections 9.30(1)(a), (2), (3)(c), (7)(a)-(j), (17), (19), (26)(a), (26)(b)6 and 10, (27) and (28)(a) of the Revised Municipal Code of the City of West Allis is hereby amended to read:
9.30 Tattoo and Body Piercing Establishments.
(1) State Regulations Adopted.
(a) The provision of sections 252.23 to 252.25 of the Wisconsin Statutes and Wisconsin Administrative Code Chapter DHS 173, as they may be from time to time amended, are adopted by reference and incorporated into this section as if fully set forth herein.
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(2) Agent for the State. Pursuant to Wisconsin Statute Section 252.245, the West Allis Health Department is authorized to enter into a written agreement with the Department of Health Services to be the Department's agent for the licensing, investigating, and inspecting of tattoo establishments, body piercing establishments, tattoo practitioners, and body piercing practitioners.
(3) License.
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(c) No license or interest in a license may be transferred to any person, partnership, or corporation.
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(7) Fees.
(a) A nonrefundable license fee of $250.00, plus the State of Wisconsin administrative fee, shall be submitted with the original or renewal application for a tattoo establishment license.
(b) A nonrefundable license fee of $250.00, plus the State of Wisconsin administrative fee, shall be submitted with the original or renewal application for a body piercing establishment license.
(c) A nonrefundable license fee of $300.00, plus the State of Wisconsin administrative fee, shall be submitted with the original or renewal application for a combination tattoo/body piercing establishment license.
(d) The pre-inspection fee for each original establishment license shall be $255 for a tattoo establishment, $255 for a body piercing establishment, and $400 for a combination tattoo/body piercing establishment. Such fee shall be submitted with the application for the license.
(e) A nonrefundable license fee of $100.00, plus the State of Wisconsin administrative fee, shall be submitted with the original application for a temporary establishment.
(f) The state administrative fee shall be 10 percent of the State of Wisconsin fee for the corresponding license category.
(g) A late fee of $100.00 shall be assessed to establishment license renewals not paid prior to July 1.
(h) The first re-inspection fee for a tattoo or body piercing establishment shall be $135.00; the first re-inspection fee for a combination tattoo/body piercing establishment shall be $221.00.
(i) The second or subsequent re-inspection fee for a tattoo or body piercing establishment shall be $180.00 per inspection; the second or subsequent re-inspection fee for a combination tattoo/body piercing establishment shall be $295.00 per inspection.
(j) The fee for a duplicate license shall be $15.00.
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(17) Piercing Gun Use. No body piercer may use a piercing gun or similar device for body piercing a patron unless such piercing gun is disposable, sterile, and for single patron use only or is sterilized between each use as set forth in Wisconsin Administrative Code Section DHS 173.03(20).
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(19) Licenses to Be Posted. No tattooist or body piercer may perform tattooing or body piercing procedures unless the current and valid establishment license and all current and valid practitioner licenses are posted in the establishment in a public and conspicuous place. A license may not be altered or defaced.
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(26) Suspension, Revocation and Non-Renewal.
(a) Any license issued under this section may be suspended, revoked, or non-renewed for cause by the Common Council after notice to the licensee and a hearing. Suspension, revocation, or non-renewal proceedings may be instituted by the License and Health Committee of the Common Council upon its own motion, upon sworn written charges made and filed with the Clerk/Treasurer by the Chief of Police or Health Commissioner, or upon a sworn written complaint filed with the Clerk/Treasurer by any City resident.
(b) The Common Council may suspend, revoke, or refuse to renew a tattoo or body piercing license for the following reasons:
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6. Knowingly permitting another person to use a license issued under this section.
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10. The failure to pay any tax or forfeiture as provided in Section 1.08(9)(a)-(b).
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(27) Summary Suspension. The provisions of subsection 9.30(28) notwithstanding, whenever the Health Commissioner or his or her designee has reasonable cause to believe that the sanitary condition, operation, method of operation of the premises, or equipment used on the premises creates an immediate danger to health or safety, or whenever the Health Commissioner or his or her designee has reasonable cause to believe that the insurance required in subsection 9.30(10) has been changed or cancelled so as not to provide the required insurance, the Health Commissioner or his or her designee may issue a temporary order suspending the operation of a tattoo or body piercing establishment.
(28) Penalties and Prosecution.
(a) Any person, partnership, or corporation who is found to have violated any provision of this ordinance shall forfeit the sum of not less than $100.00 nor more than $1,000.00, together with the costs of prosecution, and in default of payment of such forfeiture and costs, by imprisonment in the Milwaukee County House of Correction until the forfeiture and costs are paid, but not in excess of the number of days set forth in Section 800.095(1)(b) of the Wis. Stats. In addition to the monetary penalty imposed, violation of this section may further result in the suspension, revocation, or non-renewal of any license issued under this section and legal action for injunction or other relief.
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PART II. All ordinances or parts of ordinances contravening the provisions of this ordinance are hereby amended.
PART III. This ordinance shall take effect and be in force from and after its passage and publication.
ATTO-AmendSubSecs 9.30Tattoo&BodyPiercingEstab