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Except as provided below, terms defined in section 119301 of the California Health and Safety Code shall have the same meaning when used in this chapter as is set out in that section. Defined terms used in this chapter include the following: body art facility, client, instrument, local enforcement agency, owner, potable water, practitioner, procedure area, procedure site, sponsor, sterilization, tattooing, vehicle, and workstation.
The following terms when used in this chapter shall have the following meaning:
(a) APPROVED means acceptable to the Director or the County Health Officer if the Health Officer is specified.
(b) BODY ART shall have the meaning set out in Section 119301 of the California Health and Safety Code but as provided elsewhere in that act does not include mechanical stud and clasp ear piercing, i.e., piercing the ear with a disposable, single-use, pre-sterilized clasp and stud or solid needle that is applied using a mechanical device to force the needle or stud through the ear.
(c) Department means the Department of Environmental Health and Quality.
(d) DIRECTOR means the Director of Environmental Health and any person appointed or hired by the Director to enforce or administer this chapter.
(e) ENFORCEMENT OFFICER means the Director and duly authorized Registered Environmental Health Specialists and Environmental Health Specialist Trainees employed by the County.
(f) MAYO STAND means an adjustable stand with stainless steel tray for holding body art implements.
(g) MOBILE BODY ART VEHICLE means a non-permanent, mobile body art establishment, operating at locations remote from the permanent body art facility, from which body art practitioners perform body art for a fee or for other consideration.
(h) PERMIT means an annual permit issued to a body art facility including a mobile body art vehicle by the Department. Permit also includes the permit issued for each body art temporary event.
(i) SBAA means the Safe Body Art Act, codified at California Health and Safety Code sections 119300 and following.
(j) SINGLE SERVICE means one-time, one person use.
(Added by Ord. No. 10219 (N.S.), effective 8-24-12; amended by Ord. No. 10642 (N.S.), effective 1-10-20; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. 10927 (N.S.), effective 1-10-25)
The Department shall be the Local Enforcement Agency for the Safe Body Art Act countywide. The Department, through the Director, shall also administer and enforce the additional requirements adopted in this chapter within the unincorporated areas of the county; as well as, administer and enforce any similar requirements adopted by municipalities for enforcement by the County. The Director is the Enforcement Officer when acting in the unincorporated area of the County, and when acting in a municipality to enforce the SBAA or any additional requirements enacted by that municipality.
(Added by Ord. No. 10219 (N.S.), effective 8-24-12; amended by Ord. No. 10642 (N.S.), effective 1-10-20; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. 10927 (N.S.), effective 1-10-25)
(a) It shall be unlawful for any person to perform body art without first registering as a body art practitioner with the Department.
(b) The registration process is not complete until the Department confirms that the requirements of the SBAA and of this chapter have been met, and a certificate of registration is issued.
(c) In addition to complying with the requirements of the SBAA including Section 119306 of the Health and Safety Code, every person applying for registration as a practitioner shall pay the annual permit fee set forth in Title 6, Division 5, Section 65.107 of this Code.
(d) Practitioners shall only perform body art from a permitted body art facility.
(Added by Ord. No. 10219 (N.S.), effective 8-24-12; amended by Ord. No. 10642 (N.S.), effective 1-10-20; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. 10927 (N.S.), effective 1-10-25)
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