Number
250076
Version
ORIGINAL
Reference
Sponsor
THE CHAIR
Title
An ordinance relating to tattooing and body-piercing licensing and temporary events.
Section
75-23-2-h rn
75-23-2-h cr
75-23-3 am
75-23-4 am
75-23-7.3 cr
81-121-1-c rp
81-121-1-d rn
81-121-2-c rp
81-121-2-d rn
81-121-3-c rp
81-121-3-d rn
81-121-3.3 cr
81-121-3.5 am
Analysis
This ordinance corrects state code references for the city’s tattooing and body-piercing regulations. It also codifies procedures and regulations for tattooing and body-piercing temporary events.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 75-23-2-h of the code is renumbered 75-23-2-i.
Part 2. Section 75-23-2-h of the code is created to read:
75-23. Tattooing and Body-Piercing.
2. DEFINITIONS.
h. “Temporary event” means a temporary establishment as defined in s. SPS 221.03(25), Wis. Adm. Code.
Part 3. Section 75-23-3 and 4 of the code is amended to read:
3. STATE STATUTES AND ADMINISTRATIVE CODE ADOPTED. The city of Milwaukee adopts ch. [[DHS 173]] >>SPS 221<< , Wis. Adm. Code, as amended, as part of this code. The city of Milwaukee adopts ss. 463.10, 463.12, 463.16 and 948.70, Wis. Stats., as part of this code.
4. DEPARTMENT AS AGENT OF STATE. The department is authorized to act as an agent of the Wisconsin department of [[health and family]] >>safety and professional<< services, as authorized under ss. 463.10, 463.12, 463.16, Wis. Stats., and ch. [[DHS 173]] >>SPS 221<< , Wis. Adm. Code subject to the agreement required under s. 463.16(1), Wis. Stats. The department is authorized, as agent of the state, to enforce the tattooing and body-piercing regulations of ss. 463.10, 463.12, 463.16 and 948.70, Wis. Stats., and ch. [[DHS 173]] >>SPS 221<< , Wis. Adm. Code subject to the agreement required under s. 463.16(1), Wis. Stats.
Part 4. Section 295-75-7.3 of the code is created to read:
7.3. TEMPORARY EVENTS. In addition to the all other applicable requirements of this section and all applicable state regulations adopted in s. 75-23-3, a temporary event shall meet the following requirements:
a. An application for a temporary event license shall be submitted to the city clerk at least 7 days prior to the start of the event.
b. Not more than 8 body artists shall be permitted to operate under a single temporary event license.
c. The work stations for all body artists operating under a single temporary event license shall be contiguous.
d. The names of all body artists who will be operating under a single temporary event license shall be listed on the temporary event license application.
e. The name of the individual with overall responsibility for the temporary event shall also be listed on the temporary event license application.
f. A minimum of 50 square feet of work space shall be provided for each artist operating under a temporary event license.
g. A hand washing sink shall be provided for the temporary event. This sink shall be separate from and in addition to any restroom sink that is provided at the event. The hand washing sink shall:
g-1. Be separate from and in addition to any restroom sink that is provided at the event.
g-2. Provide water in the temperature range of 85 to 110 degrees Fahrenheit.
g-3. Be furnished with anti-bacterial soap and single-use paper towels.
g-4. Be non-hand-operated.
g-5. Be located conveniently with respect to the locations of body art stations.
g-6. Not be located in such a manner as to require a body artist to pass through a door to access the sink.
g-7. At a body art convention or festival where body artists are operating under multiple temporary event licenses, hand washing sinks may be shared provided no artist work station is located more than 50 feet from a sink.
h. A body artist may bring pre-sterilized piercing equipment to the event or perform on-site sterilization. A spore test showing a negative test result within the previous 30 days shall be required for all equipment and jewelry sterilized on-site. All sterilization shall comply with the relevant provisions of ch. SPS 221, Wis. Adm. Code.
i. All tattoo equipment shall be pre-sterilized and single use only.
j. No persons other than body artists and their customers or clients shall be permitted in the artists’ work space.
k. For a temporary event operating outdoors, a covered area for shall be provided for all work stations or spaces being operated under the temporary event license. This covered area may be a picnic shelter, tent, pop-up canopy or similar structure.
L. The floor plan submitted with the application shall show the locations of artist work stations and hand wash sinks, as well as an outline of the booth, shelter or tent, where applicable.
m. The floor plan shall describe the floor finish for the artist work stations. This finish shall be smooth, cleanable and non-porous.
Part 5. Section 81-121-1-c, 2-c and 3-c of the code is repealed.
Part 6. Section 81-121-1-d, 2-d and 3-d is renumbered 81-121-1-c, 2-c and 3-c.
Part 6. Section 81-121-3.3 of the code is created to read:
81-121. Tattooing and Body-Piercing Establishments.
3.3. TEMPORARY EVENT LICENSE. The fee for a temporary event license shall be $250.
Part 7. Section 81-121-3.5 of the code is amended to read:
3.5. LICENSE DURATION. Each license issued under this section shall expire on June 30, except that a license initially issued during the period beginning on April 1 and ending on June 30 expires on June 30 of the following year >>and a temporary event license shall expire at midnight on the last day of the temporary event<< .
LRB
APPROVED AS TO FORM
K. Broadnax
____________________________
Legislative Reference Bureau
Date: April 28, 2025
______________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
____________________________
Office of the City Attorney
Date: ______________________
Requestor
Health Department
Drafter
LRB180673-1
Jeff Osterman
04/16/2025