A. Purpose And Intent: It is the purpose of this section to set forth body art facility and body art practitioner regulations in the city of Reedley to promote the health, safety and general welfare of the citizens of the city and to establish reasonable and uniform regulations of time, manner and place of business to eliminate the potential for adverse secondary effects from such businesses and activities. All body art facilities shall also comply with all provisions of the California safe body art act, California Health And Safety Code sections 119300 and 119301, and shall obtain the required permits from the Fresno County department of public health.
B. Definitions: For purposes of this code the following words and phrases are defined as follows:
BODY ART: Body piercing, tattooing, branding, or the application of permanent cosmetics or makeup.
BODY ART ACTIVITY: Any temporary or permanent application, process of application, sterilization, sanitation, cleaning, preparation, implementation, or other procedure, utilized in the conduct of body art or any associated activity, which is necessary to conduct "body art", as defined in this section.
BODY ART FACILITY: The specified building, section of a building, including reception areas, the procedure area and the decontamination and sterilization area used for purpose of performing body art on clients. "Body art facility" does not include a facility that only pierces the ear, excluding the tragus, with a disposable, single use, presterilized clasp and stud or solid needle that is applied using a mechanical device to force the needle or stud through the ear, such as the type of mechanism used at a jewelry store.
BODY ART PRACTITIONER: A person that has completed an approved bloodborne pathogen training course and is registered with and received a permit from the Fresno County department of public health to conduct body art activity, including permanent cosmetics or makeup.
BODY PIERCING: The creation of an opening in the human body for the purpose of inserting jewelry or other decoration. "Body piercing" includes, but is not limited to, the piercing of the ear, including the tragus, lip, tongue, navel, nose, or eyebrow. "Body piercing" does not include the piercing of the ear, except the tragus, with a disposable, single use, presterilized clasp and stud or solid needle that is applied using a mechanical device to force the needle or stud through the ear.
BRANDING: The process in which a mark or marks are burned into human skin tissue with a hot iron or other instrument with the intention of leaving a permanent scar.
PERMANENT COSMETICS OR MAKEUP: Any application of pigment to or under the skin of a person for the purpose of permanently or semipermanently changing the color or appearance of the skin. This includes, but is not limited to, permanent or semipermanent eyeliner, eyebrows, or lip color. Applicators of permanent cosmetics or makeup are considered body art practitioners.
TATTOO: To insert pigment, ink or dye under the surface of the skin of a person by pricking with a needle or otherwise, to permanently change the color or appearance of the skin or to produce an indelible mark or figure visible through the skin. Tattooing does not include the application of permanent makeup.
TATTOO PARLOR: See definition of Body Art Facility.
C. Standards And Limitations: Every body art facility and/or body art practitioner shall be subject to the following in addition to all other requirements of law:
1. The exterior walls of a body art facility shall not be located within six hundred feet (600') of any school, church or other body art facility.
2. No body art facility shall operate between the hours of ten o'clock (10:00) P.M. and eight o'clock (8:00) A.M.
3. All body art activity shall be performed only by body art practitioners in a body art facility, except as otherwise specifically authorized in this section.
4. Window decals or painting shall be limited to name of business, hours of operation and list of body art practitioners.
5. Window displays shall be limited to ancillary retail items and shall not show any areas defined in "specified anatomical areas" in section 10-2-3 of this title.
6. Construction of a body art facility must comply with California Health And Safety Code and the county of Fresno department of public health requirements.
7. Decontamination and sterilization areas shall be separated from procedure areas by at least five feet (5') and must meet all other county of Fresno department of public health requirements.
8. Temporary or mobile body art facilities or events are not authorized by this section.
D. Measurement Of Distance: Distance shall be measured from the exterior walls of a body art facility to the exterior property line.
E. Permanent Cosmetics Or Makeup: Permanent cosmetics or makeup may be performed as an incidental service in a beauty shop, day spa, or other service or retail establishment, subject to the issuance of a body art practitioner permit by the Fresno County department of public health.
F. Permits Required:
1. All body art facilities are required to comply with chapter 19, "Site Plan Review", of this title.
2. All body art facilities are required to obtain approval of a conditional use permit prior to operating as a body art facility.
3. The operator of the body art facility shall obtain and maintain in compliance all permits required by the county of Fresno department of public health.
4. All body art practitioners shall obtain and maintain in compliance all permits required for body art practitioners by the county of Fresno department of public health.
5. All body art facilities and body art practitioners are subject to all the requirements of the state of California safe body art act.
6. If, at any time, a body art facility permit is revoked by the county of Fresno, all body art activities shall cease operations until the permit is reinstated.
7. If, at any time, a body art practitioner permit is revoked or suspended by the county of Fresno, the practitioner shall cease performing all body art activity until the permit is reinstated.
8. The public health facility permit issued by Fresno County shall be posted and exhibited at all times in an area visible to the public and clients.
9. All body art practitioners shall display practitioner permits issued by Fresno County in an area visible to the public and clients.
10. City of Reedley business license.
G. Permit Suspension Or Revocation: A conditional use permit may be revoked or suspended upon failure to maintain the appropriate permits issued by the Fresno County department of public health or failure to adhere to requirements of this code. Revocation proceedings shall be initiated in accordance with section 10-18-14 of this title. (Ord. 2013-001, 1-22-2013)