Ordinance 2015-58 UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO. 2015-58
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL
COUNTY, ILLINOIS, CLARIFYING THE REQUIREMENTS FOR
TATTOO AND BODY PIERCING ESTABLISHMENTS
Passed by the City Council of the
United City of Yorkville,Kendall County, Illinois
This 10`"day of November, 2015
Published in pamphlet form by the
authority of the Mayor and City Council
of the United City of Yorkville,Kendall
County,Illinois on December 1, 2015.
Ordinance No.2015--6-9
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL
COUNTY,ILLINOIS,CLARIFYING THE REQUIREMENTS FOR
TATTOO AND BODY PIERCING ESTABLISHMENTS
WHEREAS, the United City of Yorkville (the "City") is a duly organized and
validly existing non home-rule municipality created in accordance with the Constitution
of the State of Illinois of 1970 and the laws of the State; and,
WHEREAS, the City pursuant to Chapter 10 of Title 3 of the Yorkville City
Code established licensing requirements for tattoo and body piercing establishments by
Ordinance 2000-5 adopted October 26, 2000; and,
WHEREAS, the Tattoo and Body Piercing Establishment Registration Act (410
ILCS 54/1 et seq.) of the State of Illinois became effective after the City's adoption of its
licensing ordinance; and,
WHEREAS, the City desires to incorporate the Tattoo and Body Piercing
Establishment Registration Act as a requirement of the City's licensing requirements.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the United
City of Yorkville, Kendall County, Illinois, as follows:
Section 1: That Title 3, Chapter 10, Section 3-10-1 of the Yorkville City Code, as
amended,be and is hereby amended to read as follows:
113-10-1: DEFINITIONS:
For purpose of this chapter,the words and terms defined below shall have the following
meanings:
BODY PIERCING: means penetrating the skin to make a hole,mark, or scar that is
generally permanent in nature. 'Body piercing" does not include practices that are
considered medical procedures or the puncturing of the outer perimeter or lobe of the ear
using a pre-sterilized, single-use stud and clasp ear piercing system.
OPERATOR: means an individual,partnership, corporation, association, or other entity
engaged in the business of owning,managing, or offering services of body piercing or
tattooing.
TATTOOING: means making permanent marks on the skin of a live human being by
puncturing the skin and inserting indelible colors. "Tattooing" includes imparting
permanent makeup on the skin, such as permanent lip coloring and permanent eyeliner.
"Tattooing" does not include any of the following:
Ordinance No.2015-:59
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(1)The practice of electrology as defined in the Electrology Licensing Act.
(2)The practice of acupuncture as defined in the Acupuncture Licensing Act.
(3)The use,by a physician licensed to practice medicine in all its branches, of
colors, dyes, or pigments for the purpose of obscuring scar tissue or imparting color
to the skin for cosmetic,medical, or figurative purposes.
Words or phrases as used in this chapter shall be defined as provided in the Tattoo
and Body Piercing Establishment Registration Act(410 ILCS 54/1 et seq.), as
amended"
Section 2: That Title 3, Chapter 10, Section 3-10-3 of the Yorkville City Code, as
amended,be and is hereby amended to read as follows:
"A. Every applicant for a license to maintain or operate a tattoo or body piercing
establishment shall file an application upon a form provided by the city clerk and pay a
nonrefundable application filing fee of one hundred dollars ($100) for the initial filing of
the application.
B. Each applicant, its partners, or officers and shareholders owning more than five
percent (5%) of the outstanding shares of stock, shall be required to submit to
fingerprinting and a background check by the Police Department in connection with the
application for a license. The applicant shall pay the fee as set by the Illinois State Police
for the required fingerprint check.
C. The city clerk shall, within fifteen (15) days thereafter, refer copies of such
application and all additional information to the police department, building department
and city administrator. The city departments shall, within forty five (45) days, inspect the
premises proposed to be operated as a tattoo or body piercing establishment, and make
recommendations to the clerk concerning the compliance with the codes of the city. Upon
receipt of the recommendations of the respective city departments, the clerk shall notify
the applicant as to whether his application has been granted, denied or held for further
investigation. The period of such additional investigation shall not exceed an additional
thirty(30) days.
Section 3: That Title 3, Chapter 10, Section 3-10-4 of the Yorkville City Code, as
amended,be and is hereby amended to read as follows:
The applicant for a tattoo and body piercing establishment license required by this
chapter shall pay the city clerk at the time of filing an application, a license fee of one
hundred dollars ($100) per calendar year. If at the time the application is filed for a
license and less than six (6) months of the current license year shall have expired, the full
license fee shall be charged. If more than six (6) months of such current year shall have
expired, a license fee of one-half(1/2)the full fee shall be charged.
Section 4: That Title 3, Chapter 10, Section 3-10-5L of the Yorkville City Code,
as amended,be and is hereby amended to read as follows:
Ordinance No.2015-59
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"L. No establishment shall be allowed within seven hundred feet(700') of any
zoning district which is zoned for single-family suburban residence district (R-1),
single-family traditional residence district(R-2), duplex, two-family attached
residence district(R-2D),multi-family attached residence district(R-3), general
multi-family residence district(R-4), office district(0), agricultural district(A-
1) "
Section 5: That Title 3, Chapter 10, Section 3-10-6A of the Yorkville City Code,
as amended,be and is hereby amended to read as follows:
"A. The operator of an establishment must ensure that all body piercing and tattooing
procedures are performed
1) in a clean and sanitary environment that is consistent with the sanitation
techniques, and
2) in a manner that is consistent with an aseptic technique, and
3) that all equipment and instruments used in body piercing and tattooing
procedures are either single use and pre-packaged instruments or in
compliance with sterilization techniques
as established by the Illinois Department of Public Health. The operator shall
wash his or her hands thoroughly with antiseptic soap and water before
starting any tattooing or body piercing; the hands shall be dried with
individual, single use towels."
Section 6: That Title 3, Chapter 10, Section 3-10-16 of the Yorkville City Code,
as amended,be and is hereby amended to read as follows:
"3-10-16 COMPLIANCE WITH STATE AND COUNTY REQUIREMENTS
"A. The operator of a tattoo or body piercing establishment shall comply with the
Tattoo and Body Piercing Establishment Registration Act (410 ILCS 54/1 et seq.)
and any Kendall County requirements. If there is a conflict between the
regulations in this Chapter and the State or County regulations, the State and
County regulations shall control over the regulations in this Chapter.
A. The operator shall file its application for its certificate of registration with
the Department of Public Health or other health authority designated as
the Department's agent with its application for its City license. The
operator shall file with the City a copy of its certificate of registration
before the City license, if otherwise approved by the City, shall be issued.
B. It shall be unlawful to be an operator in the City without a valid certificate
of registration from the Department of Public Health."
Section 7: That Title 3, Chapter 10, Section 3-10-15 of the Yorkville City Code,
as amended,be and is hereby amended to read as follows:
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"3-10-15: AGE REQUIREMENTS:
No minor under the age of eighteen(18)may receive body piercing without permission
of the minor's parents or legal guardians."
Section 8: This Ordinance shall be in full force and effect upon its passage,
approval, and publication as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois
this 10 day of DOVE M FSE2 , 2015.
CITY CLERK
CARLO COLOSIMO KEN KOCH
JACKIE MILSCHEWSKI 0.Vf- LARRY KOT
CHRIS FUNKHOUSER —�`'i— JOEL FRIEDERS �0. e-
DIANE TEELING �` SEAVER TARULIS
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
30 day of 14OVE.M 6EK , 2015.
A44f ZU
MWOR
Ordinance No.2015-M
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