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(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)
If any section, subsection, sentence, clause, phrase, or word of this Article is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Article. The Board of Supervisors hereby declares that it would have adopted this Article, and each and every section, subsection, sentence, clause, phrase, and word not declared invalid or unconstitutional without regard to whether any other portion of this Article would be subsequently declared invalid or unconstitutional.
(Added by Ord. 19-14
, File No. 130402, App. 3/14/2014, Eff. 4/13/2014)