Resolution No. 2025-178 — Amending LCO TCL PHS, Tattoo and Body Piercing Ordinance
WHEREAS, the Lac Courte Oreilles Band of Lake Superior Chippewa Indians is a federally recognized Indian tribe ("Tribe") organized pursuant to the provisions of the Indian Reorganization Act of 1934, 25 U.S.C. §5101, et seq.; and,
WHEREAS, the Tribal Governing Board serves as the governing body of Lac Courte Oreilles Band of Lake Superior Chippewa Indians pursuant to Article III, § 1 of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians; and
WHEREAS, pursuant to Article V, § 1(n) of the Amended Constitution and By-laws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians, the Tribal Governing Board is empowered to "regulate, by enactment of ordinances, the conduct of business within the territory of the band"; and
WHEREAS, pursuant to Article V, Section 1 (s) of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians, the Tribal Governing Board possesses certain powers, including: "To promulgate and enforce ordinances governing the conduct of members of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians of Wisconsin and providing for the maintenance of law and order and the administration of justice by establishing a tribal court and defining its duties and powers."; and
WHEREAS, the Tribal Governing Board duly enacted the Lac Courte Oreilles Tattoo and Body Piercing Ordinance to regulate any related activities on reservation.
NOW THEREFORE BE IT RESOLVED, that the Tribal Governing Board hereby determines that it is in the best interest of the Tribe to amend the Tattoo and Body Piercing Ordinance.
NOW THEREFORE BE IT FINALLY RESOLVED, that the attached amendment Title PHS.7 Tattoo and Body Piercing Ordinance of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians of the Lac Courte Oreilles Tribal Code of Law, including all Attachments, shall be, and hereby is, amended and enacted as an ordinance of the Tribe, pursuant to Article IV, § 3 of the Amended Constitution and Bylaws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians as follows:
1. PHS.7.1.100 Inspections and Evaluations is amended as follows: "(a)" The Division shall conduct investigations and inspections of practitioners and establishments. The agents of the Division who make recommendations on licenses and conduct investigations or inspections of practitioners and establishments shall be one of the following: (1) recognized by the National Environmental Health Association as a Registered Environmental Health Specialist, also known as a Registered Sanitarian (2) have Bloodborne Pathogen and Biohazard Disposal Certifications, or (3) be certified in WI as a nurse, a nurse practitioner or doctor. (b) Pre-Inspection Fee. The operator of a new permanent establishment or a new operator of an existing permanent establishment shall pay a pre-inspection fee for the inspection of the establishment of $75. The fee shall not be returned if the establishment fails the inspection. Temporary Establishments may be exempt from this fee if approved by the Division.
2. PHS.7.1.210 Operator is amended as follows: "(e)" these requirements may be waived by the Division, and shall not be required for Temporary Licenses, except as requested by the Division.
3. PHS.7.1.290 Equipment is amended as follows: "(f)" All tattoo establishments shall either use either single use tools or be equipped with an autoclave which is in good working order and which is manufactured with temperature and pressure gauges marked and visible on the outside of the unit. "(g)" tattoo stencils shall be single-use.
4. PHS.7.1.300 Cleaning is amended as follows: "(a)" After each use, all non-single use tattooing and body-piercing equipment shall be cleaned to remove blood and tissue residue before sterilization. This may be done with an ultrasonic cleaner or with a probe, needles or brush able to enter the smallest opening of the equipment. After cleaning, equipment shall be rinsed under fresh running tap water.
5. PHS.7.1.310 Sterilization is amended as follows: "(e)" Each tattoo or body piercing establishment which is not using single use equipment shall maintain sterilization records including spore tests for at least one (1) year from the date of the last entry, which shall include the following information:
6. PHS.7.1.330 Temporary Establishment is amended as follows: "(b)" An agent of the Division who is (1) recognized by the National Environmental Health Association as a Registered Environmental Health Specialist, also known as a Registered Sanitarian (2) have Bloodborne Pathogen and Biohazard Disposal Certifications, or (3) be certified in WI as a nurse, a nurse practitioner or doctor, may issue temporary establishment and temporary practitioner licenses without the approval of the Department.
CERTIFICATION
I, the undersigned, as Secretary/Treasurer of the Lac Courte Oreilles Tribal Governing Board, hereby certify that the Tribal Governing Board is composed of seven (7) members, of whom 5 being present, constituted a quorum at a meeting thereof, duly called, convened, and held on this 28th day of October, 2025, that the foregoing Resolution was duly adopted at said meeting by an affirmative vote of 4 members, 0 against, 0 abstaining, and that said Resolution is a lawful act of the Tribe.
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Michelle Beaudin, Secretary/Treasurer
Lac Courte Oreilles Tribal Governing Board