Tattooing and Body-Piercing.
Milwaukee Code of Ordinances § 75-23
in effect75-23. Tattooing and Body-Piercing.
1. COMMON COUNCIL FINDINGS. The common council finds that:
a. It is important to the health, safety and welfare of all residents of Milwaukee to promote safe and adequate care and treatment for individuals who receive tattoos or body piercing.
b. Tattooing and body piercing can expose individuals to communicable disease or infection unless great care is taken to ensure the cleanliness of the instruments and techniques used.
c. Some tattooing and body-piercing activities may be performed in such a dangerous and unsafe manner that protection of public health and safety requires the city to immediately abate the danger and suspend the activities without notice.
2. DEFINITIONS. In this section:
a. "Body piercer" means a person who performs body piercing on another.
b. "Body piercing" means perforating any human body part or human tissue, except an ear, and placing a foreign object in the perforation in order to prevent the perforation from closing.
c. "Dentist" means an individual licensed under s. 447.03(1),Wis. Stats.
d.
“Department” means the health department.
e. "Physician" means an individual licensed to practice medicine and surgery under s. 448.03(1), Wis. Stats.
f. "Tattoo" has the meaning given in s. 948.70(1)(b), Wis. Stats.
g. "Tattooist" means a person who tattoos another.
h.
“Temporary event” means a temporary establishment as defined in s. SPS 221.03(25), Wis. Adm. Code.
i.
“Variance” means a written document approved by the department that authorizes a modification or waiver of one or more regulatory requirements, if in the opinion of the department the modification will not result in a health hazard or nuisance.
3. STATE STATUTES AND ADMINISTRATIVE CODE ADOPTED. The city of Milwaukee adopts ch. 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 safety and professional services, as authorized under ss. 463.10, 463.12, 463.16, Wis. Stats., and ch. 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. SPS 221, Wis. Adm. Code subject to the agreement required under s. 463.16(1), Wis. Stats.
5. LICENSE REQUIRED. a. Except as provided in par. b, no person may tattoo or attempt to tattoo another, designate or represent himself or herself as a tattooist or use or assume the title "tattooist" and no tattoo establishment may be operated unless the person and the establishment are licensed under this section or applicable Wisconsin statute. No person may pierce the body of or attempt to pierce the body of another, designate or represent himself or herself as a body piercer or use or assume the title "body piercer" and no body-piercing establishment may be operated unless the person and the establishment are licensed under this section or applicable Wisconsin statute.
b. The licensure requirement of par. a does not apply to a dentist or to a physician who, in the course of the dentist's or physician's professional practice, tattoos or offers to tattoo an individual or who pierces the body of or offers to pierce the body of an individual.
6. APPLICATION. License application forms shall be obtained from the city clerk and require the information specified in s. 85-12.
7. PLAN OF OPERATION. An application for a license required under this section shall be accompanied by a completed plan of operation on a form provided therefor by the city clerk. The plan of operation shall include:
a. The planned hours of operation for the premises.
b. The number of customers expected on a daily basis at the premises.
c. The legal occupancy limit of the premises.
d. The number of off-street parking spaces available at the premises.
e. Plans the applicant has to provide security for the premises.
f. Plans the applicant has to ensure the orderly appearance and operation of the premises with respect to litter and noise.
g. Any other licenses held by the applicant or attached to the premises.
h. A description of any provisions made for clean-up of the premises.
i. A site plan showing:
i-1. The locations of all entrances and exits. This shall include a description of how customers will enter and leave the premises.
i-2. The locations and dimensions of any off-street parking and loading areas for customers.
j. Information required by the health department to complete a public health plan review, which shall include:
j-1. A floor plan indicating the procedure areas, restroom, hand washing sinks, customer lounge /reception area, equipment sterilization room with associated sinks and sterilization equipment, mop sink and utility sink area.
j-2. An equipment list of all items to be used during a tattoo or body art procedure or used for sterilization.
j-3. A list of all finish materials used on floors, walls, ceilings, counter tops, storage cabinets and procedural tables and surfaces.
j-4. A lighting plan, showing locations of light fixtures and specifications of fixtures to be used.
j-5. A plan for sharps disposal.
j-6 An insect and rodent control plan.
j-7. An infection prevention and control plan, including either a copy of the initial spore test results or a request for a variance if all disposable equipment is to be used.
j-8. A copy of the practitioner licenses for all artists.
j-9. A copy of the client log, consent form, aftercare instructions, and age limitation sign to be used.
k. Such other reasonable and pertinent information the common council or the licensing committee may from time to time require.
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 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.
7.5. VARIANCE. a. At the commissioner’s discretion, if strict adherence to any state regulation adopted in s. 75-23-3 is impractical for a particular tattoo or body-piercing operation, the commissioner may approve a variance for that tattoo or body-piercing operation if the commissioner is provided with satisfactory proof that the granting of the variance will not jeopardize public health, safety, or welfare.
b. Application for a variance shall be submitted in writing to the commissioner on a form provided by the department. The application shall be accompanied by the documentation specified in par. e.
c. Upon receipt of a complete application, the commissioner shall review the request and grant or deny the request in writing within 30 days. If a variance is granted, the commissioner shall maintain a copy of the variance in the tattoo or body-piercing operation’s file.
d. A variance shall be considered a change to a tattoo or body-piercing operation’s operational plan requiring review and approval.
e. Documentation supporting a proposed variance shall include each of the following:
e-1. A description of the proposed variance from this chapter, or state regulations, citing relevant section numbers.
e-2. A description of how the potential public health hazards and nuisances addressed by the code requirement from which the variance is sought will be alternatively addressed if the variance is granted.
e-3. A hazard analysis and critical control points plan if relevant to the variance request or required by the commissioner.
f. A variance to health regulatory requirements shall be valid for 5 years from the date of issuance unless revoked for non-compliance. An operator wishing to extend a variance approval shall submit a variance renewal request. Failure to file a request for variance renewal prior to expiration shall result in the application being considered a new application.
g. Failure by an operator to adhere to the terms of modification or variance approval shall be grounds for corrective enforcement, including, but not limited to, revocation of the variance approval.
8. CHANGES TO BE REPORTED. See ss. 85-35 to 85-39 for provisions relating to changes to applications and plans of operation.
9. LICENSE FEE. See ch. 81 for the required license fee.
10. AGE QUALIFICATION. No license shall be issued to any person or any agent of a corporation or limited liability corporation who is not 18 years of age or older.
11. DISQUALIFICATION. Whenever any application is denied, or a license is revoked, surrendered or not renewed, the procedures for disqualification for license and change of circumstances provided in ss. 85-13 and 85-15 shall apply.
12. FINGERPRINTING AND INVESTIGATION REQUIREMENTS. Each application for a new license shall be referred to the chief of police, the commissioner of neighborhood services and the commissioner of health in accordance with s. 85-21.
13. OBJECTION. An objection to issuance of a license shall be based on the factors set forth in s. 85-2.7-4. If the local common council member, chief of police or commissioner recommends against an application, no permit shall be issued unless the applicant requests, in writing, an appeal before the licensing committee. An appeal shall be requested no more than 10 working days after the date on which the applicant was notified of the recommendation of the common council member, chief or commissioner. An appeal shall be forwarded by the city clerk to the licensing committee for its recommendation as to whether a permit should be granted. The procedure for considering an appeal shall be as provided in s. 85-2.7.
14. ISSUANCE. See s. 85-12.5 for provisions relating to the issuance of a license.
15. POSTING. Each license shall be posted in a conspicuous place on the premises.
16. TRANSFER. See s. 85-19 for provisions relating to the transfer of a license and change of licensee names.
17. RENEWAL. Application for renewal of a license shall be made to the city clerk in accordance with the provisions of s. 85-26. The city clerk shall refer the application to the chief of police. If the applicant still meets the licensing qualifications, the license shall be issued unless a written objection has been filed under s. 85-3. If there is objection to renewal of the license, the procedure for considering the renewal application shall be as specified in ss. 85-3 to 85-5.
18. REVOCATION OR SUSPENSION OF LICENSE. Any license issued under this section may be suspended or revoked for cause by the common council after notice to the licensee and a hearing. Notice and hearing on the revocation shall be conducted in accordance with s. 85-3.
19. EMERGENCY SUSPENSION.
a. Whenever the department finds that the activities of a licensee constitute an immediate danger to public health, the department may immediately act to abate that danger and may immediately suspend without notice a license issued under this section. Activities that constitute an immediate danger to public health include, but are not limited to, use of unsterile needles or instruments, lack of properly operating sterilization equipment on the premises or infections that the department has attributed to the activities of the licensee.
b-1. An emergency suspension shall be for no longer than 14 calendar days.
b-2. The department may inform the licensee in writing, at the time the suspension is imposed or at any later time prior to the expiration of the emergency suspension, that the suspension may be continued after the expiration date if the department determines that the immediate danger to public health continues to exist.
21. ENFORCEMENT. a. The department shall enforce this section by issuance of orders and citations. A citation may be issued for a violation of this section without prior issuance of an order for that violation.
b. The police department shall enforce this section by issuance of citations.
22. PENALTIES. a. Except as otherwise provided in par. b, a person who violates this section or fails to comply with an order issued under this section shall be subject to a forfeiture not to exceed $500 for each violation or failure to comply.
b. Any person who tattoos or offers to tattoo a person under 18 years of age shall be subject to a forfeiture not to exceed $200.
Source: City of Milwaukee Legislative Reference Bureau, Milwaukee City Charter and Code of Ordinances (city.milwaukee.gov master PDFs)URL: https://city.milwaukee.gov/ImageLibrary/Groups/ccClerk/Ordinances/Volume-1/CH75.pdf#page=21Fetched: 10/26/2026