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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)
(a) The following fees shall be paid for issuance of a facility permit and/or practitioner registration:
Body Art Facility Application | $350.00 |
Body Art Facility – new construction, deposit for review plans, and inspection | $744.00 |
Body Art Facility – inspection, re- inspection, consultation | $191.00/hour |
Body Art Mobile Facility – annually | $800.00 |
Body Art Practitioner Registration Application (includes Photo ID card) | $100.00 |
Body Art Practitioner Replacement Photo ID card | $25.00 |
Body Art Temporary Demonstration Booth | $130.00 |
Body Art Temporary Event Demonstration Booth Sponsor | $300.00 |
Body Art Temporary Event Practitioner – Application | $100.00 |
Mechanical Stud and Clasp Piercing Facility Registration | $45.00 |
(b) Upon approval of an application by an owner or operator of a body art facility for a permit to engage in the practice of body art, the Director shall forward the permit to the Tax Collector, who, upon payment of the permit fee by the applicant shall issue a license and upon showing proof of payment to the Department, the Department shall issue the permit to the designated permittee.
(c) Beginning with fiscal year 2014-2015, the fee set forth in the Section may be adjusted each year, without further action by the Board of Supervisors, as set forth in this Section. Not later than April 1, the Director shall report to the Controller the revenues generated by the fee for the prior fiscal year and the prior fiscal year's costs of operation, as well as any other information that the Controller determines appropriate to the performance of the duties set forth in this Section.
(d) Not later than May 15, the Controller shall determine whether the current fee has produced or is projected to produce revenues sufficient to support the costs of providing the services for which the fee is assessed and that the fee will not produce revenue which is significantly more than the costs of providing the services for which the fee is assessed. The Controller shall, if necessary, adjust the fee upward or downward for the upcoming fiscal year as appropriate to ensure that the program recovers the costs of operation without producing revenue which is significantly more than such costs. The adjusted fee shall become operative on July 1.
(Added by Ord. 19-14
, File No. 130402, App. 3/14/2014, Eff. 4/13/2014)
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