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(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)
(a) The body art facility permit, current body art facility license and Director's regulations shall be posted at all times in a conspicuous place in the body art facility so as to be readily visible to clients and prospective clients.
(b) The body art practitioner registration card must be conspicuously worn by the practitioner or otherwise clearly displayed to clients and prospective clients, at all times while the practitioner is on duty.
(Added by Ord. 19-14
, File No. 130402, App. 3/14/2014, Eff. 4/13/2014)
(a) A body art facility permit or body art practitioner registration card may be suspended or revoked by the Director for violation of state laws regulating body art, or violation of this Article 40, other local law, or any Director's regulations implementing this Article 40.
(b) Prior to any action to suspend or revoke a body art facility permit or body art practitioner registration card, the Director shall issue a written Notice of Violation setting forth the basis for such action and notifying the body art facility permit holder or registered body art practitioner of the right to a hearing prior to suspension or revocation.
(c) A body art facility permit holder or registered body art practitioner may request a hearing within 15 days after receipt of the Notice of Violation. Failure to request a hearing within 15 days shall be deemed a waiver of the right to a hearing, with the result that the permit or registration card will be suspended or revoked consistent with the notice provided with the issuance of the Notice of Violation.
(d) If the body art facility permit holder or registered body art practitioner timely requests a hearing, the hearing shall be held. Following the hearing, the hearing officer, as designated by the Director, shall issue written notice of decision to the permit holder or practitioner within 5 working days after the hearing, stating the basis for any suspension or revocation. Such decisions may be appealed to the Board of Appeals in accordance with the San Francisco Charter and the Municipal Code.
(Added by Ord. 19-14
, File No. 130402, App. 3/14/2014, Eff. 4/13/2014)
If the Director finds an imminent health hazard, the Director may suspend a body art facility permit and/or body art practitioner registration card, and order the body art facility or the body art practitioner to cease operation until the hazard is corrected. The Director shall issue a written Notice of Violation setting forth the basis for such action, and provide the permit holder or practitioner with the right to a hearing, as set forth in Section 4012, above, except that the hearing may be held at the request of the body art facility permittee or body art practitioner registrant as soon as practicable.
(Added by Ord. 19-14
, File No. 130402, App. 3/14/2014, Eff. 4/13/2014)
Performing body art without being registered, owning or operating a body art facility without a health permit, or operating a temporary body art booth in violation of the requirements set forth in Section 4008, above, shall be a misdemeanor under state law. Additionally, the Department may assess an administrative penalty of not less than $25 and not more than $1000.00, to be used for the enforcement of this Article 40.
(Added by Ord. 19-14
, File No. 130402, App. 3/14/2014, Eff. 4/13/2014)
The Director is authorized but not required to issue rules and regulations for the implementation of this Article 40.
(Added by Ord. 19-14
, File No. 130402, App. 3/14/2014, Eff. 4/13/2014)
In enacting and implementing this Article, the City is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.
(Added by Ord. 19-14
, File No. 130402, App. 3/14/2014, Eff. 4/13/2014)
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