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(a) All body art facilities must obtain a permit issued by the Director.
(b) Every applicant for a body art facility permit shall file a written application with the Department, which shall state the name and address of the applicant, a description of the body art facility by street and number, the number of practitioners to be employed in the body art facility, together with a description of the experience and qualifications of each practitioner, and such other pertinent information as the Department may require. Such information shall be updated annually.
(c) A body art facility permit shall be subject to suspension or revocation by the Director, following a hearing, upon a showing satisfactory to the Director of a violation by the practitioner of state law, this Article 40, other local law, or the Director's rules and regulations implementing this Article, in accordance with the procedures set forth in Section 4012 of this Article.
(Added by Ord. 19-14
, File No. 130402, App. 3/14/2014, Eff. 4/13/2014)
The Director shall investigate the statements made in the application for a body art facility permit, and shall inspect the proposed body art facility. If the Director determines that the statements contained in the application are true, and that the sanitary conditions of the body art facility comply with state law, this Article 40, local zoning, fire and building code requirements, and the Director's rules and regulations implementing this Article, a permit shall be granted for the body art facility.
(Added by Ord. 19-14
, File No. 130402, App. 3/14/2014, Eff. 4/13/2014)
(a) It shall be unlawful for any person to employ a body art practitioner without such practitioner having first secured a practitioner's registration card issued by the Director.
(b) The issuance of the body art practitioner's registration card shall be subject to the applicant's compliance with state law, the provisions of this Article 40, and the Director's rules and regulations implementing this Article, including passing any required examination.
(c) A practitioner's registration card shall be subject to suspension or revocation by the Director, following a hearing, upon a showing satisfactory to the Director of a violation by the practitioner of state law, this Article 40, other local law, or the Director's rules and regulations implementing this Article, in accordance with the procedures set forth in Section 4012 of this Article.
(Added by Ord. 19-14
, File No. 130402, App. 3/14/2014, Eff. 4/13/2014)
A permit for a body art facility or a body art practitioner's registration card may be granted at any time during the year, but all body art facility permits and body art practitioner's identification cards issued, regardless of the date of issuance, shall expire at the end of the thirtieth day of the June following the date of issuance.
(Added by Ord. 19-14
, File No. 130402, App. 3/14/2014, Eff. 4/13/2014)
(a) A permit for a body art facility is not transferable.
(b) A body art practitioner's registration card is not transferable.
(Added by Ord. 19-14
, File No. 130402, App. 3/14/2014, Eff. 4/13/2014)
(a) A registered body art practitioner may practice in a temporary demonstration booth for no more than 7 days in a 90-day period, if the demonstration booth meets all of the following requirements:
(1) Is located in a building that has, at a minimum, hand washing facilities with hot and cold running water, containerized liquid soap, single-use paper towels, a five-gallon or larger container of potable water accessible via spigot, and a wastewater collection and holding tank of corresponding size, to which the practitioner has direct, unobstructed access. Potable water shall be refilled and the holding tank evacuated at least every four procedures or every four hours, whichever occurs first, while the temporary demonstration booth is in operation.
(2) Is constructed with a partition of at least 3 feet in height separating the procedure area from the public.
(3) Is free from both insect and rodent infestation.
(4) Is used exclusively for performing body art.
(5) Is equipped with adequate light at the level where the practitioner is performing body art.
(6) Prohibits animals.
(7) Operates with all necessary permits to conduct business at that site.
(b) All body art temporary demonstration booths must meet the requirements listed in subsection (a), above, and obtain a permit from the Department.
(c) In addition to the penalties authorized in Section 4014, if a body art practitioner violates this section, the Department shall close the body art event and shall impose a penalty not to exceed three times the cost of the permit.
(Added by Ord. 19-14
, File No. 130402, App. 3/14/2014, Eff. 4/13/2014)
Facilities that use a pre-sterilized single-use mechanical stud and clasp device to pierce an ear shall conduct such services in a safe and sanitary manner. The operator of a mechanical stud and clasp facility, or facilities, shall register the facility, or facilities, with the Department annually. Such registration shall include a contact person responsible for compliance with state and local law, and the address, or addresses, of the facility or facilities, respectively, and a statement that the operator will conduct such services in conformance with state law.
(Added by Ord. 19-14
, File No. 130402, App. 3/14/2014, Eff. 4/13/2014)
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