Ordinance 2024-30 UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO. 2024-30
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,
ILLINOIS, REPEALING AND REPLACING TITLE 3, CHAPTER 10 OF
THE YORKVILLE CITY CODE
Passed by the City Council of the
United City of Yorkville, Kendall County, Illinois
This 11 r"day of June, 2024
Published in pamphlet form by the
authority of the Mayor and City Council
of the United City of Yorkville, Kendall
County, Illinois on July 8, 2024.
Ordinance No. 2024-30
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,
ILLINOIS, REPEALING AND REPLACING TITLE 3, CHAPTER 10 OF THE
YORKVILLE CITY CODE
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 Title 3, Chapter 10 of the Yorkville City Code
established licensing requirements for tattoo and body piercing establishments by Ordinance 2000-
05 adopted October 26, 2000; and,
WHEREAS, the City amended Title 3, Chapter 10 of the Yorkville City Code by
Ordinance 2015-58 adopted November 10, 2015, Ordinance 2016-13 adopted February 9, 2016,
Ordinance 2018-33 adopted June 12, 2018, and Ordinance 2019-19 adopted April 9, 2019; and,
WHEREAS, the City Staff has reviewed the current Title 3, Chapter 10 of the Yorkville
City Code and has determined it to be in the best interest of the City that the Mayor and City
Council to replace the current Title 3, Chapter 10 of the Yorkville City Code with that as set forth
on Exhibit A attached hereto, all as hereinafter provided.
NOW,THEREFORE,BE IT ORDAINED by the Mayor and City Council of the United
City of Yorkville, Kendall County, Illinois, that the Yorkville City Code is hereby amended by
repealing Title 3, Chapter 10 in its entirety and replacing it with the a new Title 3, Chapter 10 as
set forth on Exhibit A attached hereto.
This Ordinance shall be in full force and effect after its passage, publication, and approval
as provided by law.
Ordinance No. 2024-30
Page 2
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
1 lth day of June, A.D. 2024.
IT CLERK
KEN KOCH AYE DAN TRANSIER AYE
ARDEN JOE PLOCHER AYE CRAIG SOLING AYE
CHRIS FUNKHOUSER AYE MATT MAREK AYE
SEAVER TARULIS AYE RUSTY CORNEILS AYE
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois
this =St day of , A.D. 2024.
MAYOR
Ordinance No. 2024-30
Page 3
TITLE 3-BUSINESS AND LICENSE REGULATIONS
CHAPTER 10 TATTOO AND BODY PIERCING ESTABLISHMENTS
CHAPTER 10 TATTOO AND BODY PIERCING ESTABLISHMENTS
3-10-1: Definitions:
For purpose of this chapter,the words and terms defined below shall have the following meanings:
Body piercing: 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 presterilized,single use stud and clasp ear piercing system.
Micropigmentation:A cosmetic procedure whereby micro-insertion of pigment is implanted into the skin
using either a machine or hand-tool resulting in semi-permanent or permanent makeup applications such as lip
color,eyeliner, eyebrow embroidery(microblading)and scalp/hairline tattooing.
Operator:An individual, partnership,corporation,association,or other entity engaged in the business of
owning, managing, or offering services of body piercing or tattooing.
Tattooing: 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:
A. The practice of electrology as defined in the Electrology Licensing Act.
B. The practice of acupuncture as defined in the Acupuncture Licensing Act.
C. 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 Illinois Tattoo and Body Piercing
Establishment Registration Act(410 ILCS 54/1 et seq.) ("State Act")as amended.
(Ord. 2015-58, 11-10-2015;amd. Ord. 2018-33, 6-12-2018; Ord. 2019-19,4-9-2019)
3-10-2: License required:
It shall be unlawful for any person,firm or corporation to maintain and operate a tattoo establishment,with
or without body piercing,or a body piercing establishment without first having obtained a license as required by
the State Act and as hereinafter provided.
(Ord. 2000-55, 10-26-2000)
3-10-3: Application fee:
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($100.00)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.
Yorkville,Illinois,Code of Ordinances
Page 1 of 5
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 the application has been granted,denied or held for further investigation.The
period of such additional investigation shall not exceed an additional thirty(30)days.
(Ord. 2015-58, 11-10-2015)
3-10-4: License fee; duration:
The applicant for a tattoo and body piercing establishment license required by this chapter shall pay the City
Clerk upon approval of an application, a license fee of one hundred dollars($100.00) per calendar year. If at the
time the application is filed for a license 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(%)the full fee
shall be charged.
(Ord. 2015-58, 11-10-2015)
3-10-5: Premises regulations:
No tattoo or body piercing establishment shall receive a license or be operated, established or maintained
unless the establishment shall comply with each of the following minimum regulations:
A. The establishment shall have a certificate of compliance or inspection by the Kendall County Health
Department, if available.
B. Toilet facilities shall be provided within the establishment. Lavatories shall be provided with both hot
and cold running water and shall be installed in the toilet room. Lavatories shall be provided with soap
and a dispenser with sanitary towels.
C. The entire premises and equipment shall be maintained in a clean,sanitary condition and in good
repair.
D. No tattoo or body piercing establishment shall be open to the public for business on Sundays and
between the hours of 6:00 p.m. and 10:00 a.m.
E. The main entrance door of any tattoo or body piercing establishment shall be visible from a public
street and shall remain unlocked during business hours.
F. The business shall also comply with all of the terms and conditions set forth within this title with
respect to business registration.
(Ord. 2015-58, 11-10-2015;Ord. 2019-19,4-9-2019;Ord. 2000-55, 10-26-2000)
3-10-6: Operating requirements:
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
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3. That all equipment and instruments used in body piercing and tattooing procedures are either single
use and prepackaged 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.
B. No person,while on the premises of any tattoo or body piercing establishment,shall possess,sell, dispense,
provide,give, keep or maintain any alcoholic beverage.
C. No intoxicated person shall be tattooed or pierced by an operator on the licensed premises.
D. Operators shall at all times comply with the regulations of the Department of Labor's Occupational Safety
and Health Administration, as presently existing or hereafter amended,with respect to occupational
exposure to blood, bloodborne pathogens or other potentially infectious materials,which regulations are
incorporated by reference herein.
3-10-7: Records:
Permanent records for each patron or customer shall be maintained by the licensee or operator of the
establishment. Before the tattooing or body piercing operation begins,the patron or customer shall be required
personally to enter, on a record form provided for such establishments,the date, his name,address,age,and his
signature.The records shall be maintained in the tattoo or body piercing establishment and shall be available for
examination by the City. Records shall be retained by the operator or licensee for a period of not less than two(2)
years. In the event of a change of ownership or closing of the business,all such records shall be made available to
the City.
(Ord. 2000-55, 10-26-2000)
3-10-8: Inspections:
Any City department or agency may make an inspection of each establishment granted a license under the
provisions of this chapter for the purposes of determining compliance with the provisions of this chapter.
(Ord. 2000-55, 10-26-2000)
3-10-9: License revocation and suspension:
It shall be cause for revocation or suspension that a licensee has violated the provisions of this chapter or any
code or ordinance of the City or of the State Act relative to operation of the business or use of the premises, has
made a false statement on any application for license under this chapter or, in the event that the licensee shall
refuse to permit any authorized police officer or authorized member of the Police Department or Building
Department of the City to inspect the premises or the operations thereof at reasonable times.
(Ord. 2000-55, 10-26-2000)
3-10-10:Transfer of license prohibited:
No license for the operation of a tattoo or body piercing establishment shall be transferable.
(Ord. 2000-55, 10-26-2000)
Page 3 of 5
3-10-11: Display of license required:
Each licensee shall display a valid current license in a conspicuous place within the licensed establishment so
that the same may be readily seen by persons entering the establishment.
(Ord. 2000-55, 10-26-2000)
3-10-12: Exemptions:
The provisions of this chapter shall not apply to licensed medical doctors of osteopathic medicine who
perform body piercing or tattoo individuals while in the course of their medical practice.
(Ord. 2000-55, 10-26-2000)
3-10-13: Requirement for body piercing:
Body piercing may be performed within such licensed tattoo establishments.The piercing of ears shall be
exempt from the provisions of this chapter.
(Ord. 2000-55, 10-26-2000)
3-10-14:Age requirements:
No minor under the age of eighteen(18) may receive body piercing without permission of the minor's
parents or legal guardians.
(Ord. 2015-58, 11-10-2015)
3-10-15: Compliance with state and county requirements:
A. The operator of a tattoo or body piercing establishment shall comply with the State Act 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.
1. The operator shall file its application as required by the State Act 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.
2. It shall be unlawful to be an operator in the City without a valid certificate of registration from the
Department of Public Health.
(Ord. 2015-58, 11-10-2015)
3-10-16: Malpractice insurance:
The operator shall keep and maintain malpractice insurance in an amount of at least one million dollars
($1,000,000.00)and shall provide evidence of such insurance upon application for or renewal of each license.
(Ord. 2016-13, 2-9-2016)
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3-10-17: Number of licenses to be issued:
The number of tattoo and body piercing licenses shall not exceed one(1), and no limitation shall be in
effect within the City as to the maximum number of license holders for those who only perform
micropigmentation.
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