Every person wishing to establish a body art establishment within the city must first file for a business permit through the city.
(A) 1. Upon receipt of a written application for a business permit with the city, the Chief of Police shall conduct an investigation to ascertain whether such permit should be issued as requested. The Chief of Police shall, within 60 days of receipt of an application, approve, conditionally approve or deny the application. The 60-day period may be extended for up to 30 additional days, if necessary, to complete the investigation.
2. The Chief of Police shall approve such permit as requested, unless he or she makes any of the following findings:
(a) The applicant has been convicted of a violation of Cal. Penal Code §§ 266h, 266i, 314, 315, 316, 318 or 647(a) or (b) or any other provision of law pursuant to which a person is required to register under the provisions of Cal. Penal Code § 290, or when the prosecution accepted a plea of guilty or nolo contendere to a charge of a violation of Cal. Penal Code § 415 or any lesser included or lesser related offense, in satisfaction of, or as a substitute for, any of the previously listed crimes;
(b) The applicant has been convicted of a violation of Cal. Health and Safety Code § 11550 or any offense involving the illegal sale, distribution or possession of a controlled substance specified in Cal. Health and Safety Code §§ 11054, 11055, 11056, 11057 or 11058;
(c) The applicant has been convicted of any offense in any other state which is the equivalent of any of the above mentioned offenses;
(d) The applicant has been engaged in conduct in another jurisdiction which, if it had occurred within the city, would constitute grounds for denial, suspension or revocation under this chapter;
(e) The applicant has been subjected to a permanent injunction against the conducting or maintaining of a nuisance pursuant to the California Penal Code §§ 11225 through 11235, or any similar provisions of law in a jurisdiction outside the state;
(f) The applicant has engaged in conduct which would constitute an offense as described in subsection (A)1. of this section;
(g) The applicant has committed an act in another jurisdiction which, if committed in this state, would have been a violation of law and which, if done by a permittee under this chapter, would be grounds for denial, suspension or revocation of the permit.
(h) The applicant has been convicted of an act involving dishonesty, fraud, deceit or moral turpitude or an act of violence, which act or acts are related to the qualifications, functions or duties of the operator;
(i) The applicant has had a tattoo and body art permit or other similar license or permit denied, suspended or revoked for cause by a licensing authority or by any city, county or state;
(j) The applicant has made a false, misleading or fraudulent statement or omission of fact to the city in the permit application process;
(k) The city application does not contain all of the information required by this section;
(l) The tattoo establishment does not comply with all applicable laws, including, but not limited to, health, zoning, fire and safety requirements and standards;
(m) If the applicant is denied for failure to comply with subsection (A)2.(b) or (A)2.(c) of this section, the applicant may not reapply for a period of one year from the date the application was denied;
(n) All individuals who will be employed at the establishment must be identified in full by filling out a completed personnel form with the city during application for a city business permit. The form will include the following information: full name; nicknames; aliases used by the employee; home address; age; birth date; gender; height; weight; color of hair and eyes; phone numbers; Social Security number; date of employment; and all duties of the employee; and
(o) All employees must meet the requirements set forth in subsection (A)2.(a) of this section to be cleared for employment by the establishment.
(B) 1. The city will maintain the authority to revoke a business permit should the body art establishment violate any section of this chapter.
2. Upon receiving tentative business permit approval through the city, the business owner must then register with the Merced County Department of Public Health, Division of Environmental Health.
(C) The business owner must then show proof to the city that all requirements are met under the Cal. Health and Safety Code § 119303 with the necessary certified registration forms.
(D) The business owner must obtain a valid health permit from the Director of Public Health.
(Ord. 539, passed 4-4-2006)