(A) Establishment permit.
(1) No person, firm, partnership, joint venture, association, business trust, corporation or any organized group of persons may operate a body art establishment unless it has received a body art establishment permit from the Department.
(2) Any person operating a body art establishment shall obtain a permit from the Department, annually, with beginning/ending permit time frames and fees to be set by the Department.
(3) The applicant shall pay a reasonable fee as set by the Department for each body art establishment permit.
(4) A body art establishment permit shall not be transferable from one place or person to another.
(5) A current body art establishment permit shall be posted in a prominent and conspicuous area where it may be readily observed by clients.
(B) Operator permit.
(1) No person shall practice body art procedures without first obtaining a permit from the Department. The Department shall set a reasonable fee for the permits.
(2) Application for operator permits shall include: name; date of birth; sex; residence; mailing address; phone number; place(s) of employment as an operator; training and/or experience; proof of attendance at a blood-borne pathogen training program (or equivalent), given or approved by the Department.
(3) Demonstration of knowledge of infectious disease control including waste disposal, and washing techniques, sterilizing equipment operation and methods, and sanitation/disinfection/sterilization methods and techniques; facility safety and sanitation knowledge of the above subjects may also be demonstrated through submission of documentation of attendance/completion of courses or successful completion of an examination approved or given by the Department with a passing grade of 70, attained prior to issuance of the operator permit.
(4) No operator permit shall be issued unless, following reasonable investigation by the Department, the body art operator has demonstrated compliance with the provisions of this section and all other provisions of this code.
(5) All operator permits shall be conditioned upon continued compliance with the provisions of this section, as well as all applicable provisions of this code.
(6) All operator permits shall be posted in a prominent and conspicuous area where it may be readily observed by clients.
(C) Temporary establishment/operator permit. Temporary establishment and, when required, operator permits may be issued for body art services provided outside of the physical site of a certified facility for the purposes of product demonstration, industry trade shows or for educational reasons.
(1) Temporary operator and/or establishment permits will not be issued unless:
(a) The applicant furnishes proof of compliance with sections above, relating to operator’s permits;
(b) The applicant is currently affiliated with a fixed location or permanent facility which, where applicable, is permitted by the appropriate state and/or local jurisdiction; and
(c) The temporary site complies with temporary establishment requirements, of this regulation.
(2) In lieu of attendance at a blood-borne pathogens training program approved or given by the Department with-in the past three years as specified above, the applicant may furnish proof of attendance at equivalent training which is acceptable to the Department.
(3) Temporary permits expire after five days or the conclusion of the special event, whichever is less.
(4) Temporary operator and/or establishment license will not be issued unless the applicant has paid a reasonable fee as set by the Department.
(5) The temporary establishment/operator license(s) shall not be transferable from one place or person to another.
(6) The temporary establishment/operator licenses shall be posted in a prominent and conspicuous area where they may be readily observed by patrons.
(Ord. 2008-3, passed 3-24-2008) Penalty, see § 115.99