Chapter 5.38
BODY ART PRACTITIONERS AND ESTABLISHMENTS
Sections:
5.38.030 Body art practitioner – County registration required.
5.38.040 Body art facilities – County health facility permit required – Operating hours.
5.38.080 Body art procedures – Health and hygiene standards.
5.38.090 Health standards for jewelry, ink, permanent cosmetics, and instruments.
5.38.100 Health and safety standards for permanent body art facilities.
5.38.110 Health and safety standards for temporary and mobile body art facilities.
5.38.120 Sterilization procedures.
5.38.130 Mechanical stud and clasp ear piercing – Notification and operating standards.
5.38.140 Inspection/impoundment of instruments.
5.38.150 Suspension or revocation of business licenses, permits or registration.
5.38.010 Purpose.
It is the purpose and intent of this chapter to implement the provisions of the California Safe Body Art Act (California Health and Safety Code Section 119300 et seq.) which requires local registration of body art practitioners, issuance of local health permits for temporary and permanent body art facilities and allows cities to require notification forms be completed by ear piercing facilities that use only a mechanical stud and clasp device. (Ord. 12-2013 § 2, 2012.)
5.38.020 Definitions.
A. “Act” means the California Safe Body Art Act (California Health and Safety Code Section 119300 et seq.), as it may be amended from time to time.
B. “Body art” means body piercing, tattooing, branding, or application of permanent cosmetics.
C. “Body art facility” or “facility” means the specified building, section of a building, or vehicle in which a practitioner performs body art, including reception areas, the procedure area, and the decontamination and sterilization area. “Body art facility” does not include a facility that only pierces the ear with disposable, single-use, presterilized clasp and stud or solid needle that is applied using a mechanical device to force the needle or stud through the ear.
D. “Body art practitioner” or “practitioner” means a person who performs body art on a client.
E. “Body piercing” means the creation of an opening in a human body for the purpose of inserting jewelry or other decoration. “Body piercing” includes, but is not limited to, the piercing of an ear, including the tragus, lip, tongue, nose, or eyebrow. “Body piercing” does not include the piercing of an ear, except for the tragus, with a disposable, single-use, presterilized clasp and stud or solid needle that is applied using a mechanical device to force the needle or stud through the ear.
F. “Branding” means the process in which a mark or marks are burned into human skin tissue with a hot iron or other instrument, with the intention of leaving a permanent scar.
G. “Client” means an individual upon whom a practitioner performs body art.
H. “County” means the county of Los Angeles.
I. “Decontamination and sterilization area” means a room, or specific section of a room, that is set apart and used only to decontaminate and sterilize instruments.
J. “Enforcement officer” means any of the following:
1. The California Department of Public Health;
2. The Los Angeles County department of public health; or
3. The city of Covina police department or building and safety department.
K. “Instrument” means a nonmedical application device used in performing body art, including, but not limited to, needles, needle bars, needle tubes, forceps, hemostats, tweezers, razors, or razor blades.
L. “Mobile body art facility” means a vehicle or other movable facility where a body art practitioner performs body art for more than seven days in a 90-day period.
M. “Owner” means either of the following:
1. The person(s) whose name(s) appear on the county public health facility permit, city business license, property deed, or rental agreement of a body art facility.
2. A person, other than a client, who employs or independently contracts for the services of body art practitioners regulated by this chapter.
N. “Permanent cosmetics” means the application of pigments in human skin tissue for the purpose of permanently changing the color or other appearance of the skin. This includes, but is not limited to, permanent eyeliner, eyebrow, or lip color.
O. “Person” means any individual, proprietorship, partnership, firm, association, joint stock company, corporation or combination of individuals of whatever form or character.
P. “Procedure area” means a room, or designated portion of a room, that is set apart and only used to perform body art.
Q. “Sponsor” means an individual or business entity, including an event coordinator or manager, responsible for the organization of a convention, trade show, or other temporary event that includes a body art demonstration booth. A sponsor may also be a body art practitioner.
R. “Tattooing” means the insertion of pigment in human skin tissue by piercing with a needle.
S. “Temporary body art facility” means a temporary demonstration booth or facility where a body art practitioner performs body art for no more than seven days in a 90-day period. Vehicles or other movable facilities where a body art practitioner performs body art for seven days or less in a 90-day period are temporary body art facilities for purposes of this chapter.
The definitions contained in this section are intended to conform to those set forth in the Act. To the extent that any term set forth in this chapter is not defined herein or conflicts with the definitions set forth in the Act, the definition as set forth in the Act shall govern. (Ord. 12-2013 § 2, 2012.)
5.38.030 Body art practitioner – County registration required.
A. It shall be unlawful for any person to perform body art in the city of Covina, whether as an individual or in connection with a body art facility, without possessing a current certificate of registration from the county, pursuant to Los Angeles County Code Section 11.36.320, as it may be amended from time to time. As a condition of registration or renewal, the applicant shall do all of the following:
1. Provide to the county all of the information required by Section 119306(b) of the Act and Chapter 11.36 of the Los Angeles County Code;
2. Provide to the county proof that he or she has completed a bloodborne pathogens exposure control training program, along with any annual updates, pursuant to Section 119307 of the Act; and
3. Pay all registration fees required by the county.
B. Except as set forth in CMC 5.38.110, at least 15 calendar days prior to performing body art in the city of Covina, the body art practitioner shall file a copy of his or her county certificate of registration with the Covina police department, along with any renewals.
C. A body art practitioner shall display, in a place readily visible to the public at the body art facility where the practitioner is performing body art, his or her current county certificate of registration.
D. The county certificate of registration shall have a term as set forth by Los Angeles County Code, after which the body art practitioner shall be required to renew the certificate of registration in accordance with Los Angeles County Code Section 11.36.320, as it may be amended from time to time.
E. All body art practitioners shall notify the county and Covina police department or designee of a change in the practitioner’s place of business or location where he or she performs body art, within 30 calendar days after such change.
F. Nothing in this section shall exempt a body art practitioner from the requirement to obtain a city of Covina business license or such other permits and licenses as may be required by applicable provisions of this code. (Ord. 12-2013 § 2, 2012.)
5.38.040 Body art facilities – County health facility permit required – Operating hours.
A. It shall be unlawful for any body art facility, including temporary body art facilities and mobile body art facilities, to conduct business within the city of Covina without possessing a current county public health facility permit, pursuant to Los Angeles County Code Section 11.36.350, as it may be amended from time to time. An application for a county public health facility permit shall include all of the following:
1. A copy of the body art facility’s infection prevention and control plan, as required by Sections 119312(b) and 119313 of the Act;
2. All fees required by the county, which shall not exceed the amount necessary but that are sufficient to cover the actual costs of administration of the county’s permitting program.
B. Except as set forth in CMC 5.38.110, at least 15 calendar days prior to conducting business within the city of Covina, the owner of a body art facility shall file a copy of the county public health facility permit with the Covina police department, along with any renewals.
C. The county public health facility permit shall be posted in a conspicuous place at the body art facility. Certificates of registration for all body art practitioners performing body art at a body art facility shall also be prominently displayed either near the county public health facility permit or at the individual body art practitioner’s procedure area, if each body art practitioner has such a designated area.
D. A county public health facility permit is valid only for the location of the body art facility and may not be transferred to another owner or facility, unless approved by the county. All body art facilities that have received approval of the county to transfer a public health facility permit shall notify the Covina police department or designee of such transfer within 30 calendar days after such change.
E. A county public health facility permit shall have a term of as set forth in the Los Angeles County Code, after which the body art facility shall be required to renew the permit in accordance with Los Angeles County Code Section 11.36.360, as it may be amended from time to time.
F. Nothing in this section shall exempt a body art facility from the requirement to obtain a city of Covina business license, building permit, site plan review or such other permits and licenses as may be required by applicable provisions of this code. It shall be unlawful for any person to commence construction, reconstruction or alteration of a body art facility or mobile body art facility without first submitting plans, specifications and such other information as may be required to determine compliance with this code and the Act in advance of applying for any building, plumbing, or electrical permits for the facilities to be constructed, reconstructed or altered.
G. Business operating hours for any body art facility shall be limited to the hours of 10:00 a.m. to 10:00 p.m. Any body art begun any time before 10:00 p.m. must nevertheless terminate at 10:00 p.m. All clients shall be excluded from the body art facility during these hours and be advised of these hours. The hours of operation must be displayed in a conspicuous public place in the reception area and in the front window clearly visible from the outside. During its business hours, no body art facility may lock any of its doors through which the public enters from an outside location nor may it lock any of its doors leading to a room in which body art is performed. (Ord. 12-2013 § 2, 2012.)
5.38.050 Exemptions.
The requirements of this chapter shall not apply to the activities of a physician and surgeon licensed under Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code or a physician assistant licensed under Chapter 7.7 (commencing with Section 3500) of Division 2 of the Business and Professions Code. Nothing in this chapter authorizes a body art practitioner to perform activities that are restricted under Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code. (Ord. 12-2013 § 2, 2012.)
5.38.060 Body art practitioners and facilities – City business license required – Changes of business.
A. Every body art practitioner and every body art facility performing body art within the city shall possess and maintain a city business license and shall ensure that the applicable business license taxes and fees are paid. A body art practitioner employed by or operating out of a body art facility shall not be required to possess and maintain a city business license for himself or herself, unless that practitioner also performs body art within the city as an individual outside of the body art facility. The annual business license tax for body art practitioners and body art facilities shall be the amounts set forth in Chapter 5.04 CMC. The annual business license application fee for body art practitioners and body art facilities shall be the amounts set forth in CMC 5.04.235.
B. Any business license issued pursuant to this chapter shall be expressly contingent upon continuing compliance with this chapter, Chapter 11.36 of the Los Angeles County Code, the Act, and applicable terms or conditions of a county certificate of registration or public health facility permit.
C. All business licenses issued by the city pursuant to this section shall expire on the first day of January of each year. A renewal business license may be issued upon payment of prescribed taxes and fees in accordance with Chapter 5.04 CMC. In the event that a license holder fails to apply to renew his or her business license within those times prescribed by Chapter 5.04 CMC, the license holder shall have to requalify as a new applicant, subject to all provisions and fees herein.
D. An application for a business license to perform body art shall include the following:
1. All information required by CMC 5.04.160;
2. For an individual body art practitioner, a copy of his or her county certificate of registration. For a body art facility, a copy of its county public health facility permit and copies of county certificates of registration for all body art practitioners employed or contracted by it to perform body art at that facility; and
3. All business license application taxes and fees as required by Chapter 5.04 CMC, or other applicable provision of this code.
E. Prior to issuing a business license pursuant to this chapter, the city may make reasonable investigations into the information provided in the business license application. The city may deny the application if the applicant provides materially false information or for those other grounds set forth in this code.
F. Every body art facility owner shall report immediately to the city finance department any and all changes of ownership or management of the body art facility, including, but not limited to, changes of manager or other person principally in charge, stockholders holding more than five percent of the stock of the corporation, officers, directors and partners in any and all changes of name, style or designation under which the business is to be conducted and all changes of address or telephone numbers of the body art facility. (Ord. 12-2013 § 2, 2012.)
5.38.070 Body art procedures – Client or parental consent required – Certain procedures on minors prohibited.
A. Body art practitioners may only perform body art upon a client 18 years of age or older with the client’s written consent. Prior to the performance of body art, the client shall:
1. Read, complete and sign an informed consent form that, at minimum, includes all information required by Section 119303(a) of the Act; and
2. Receive, complete and sign a health history questionnaire that, at minimum, includes all of the information required by Section 119303(b) of the Act. Pursuant to Section 119303(c) of the Act, the questionnaire and all responses contained therein shall be considered confidential information and the body art facility shall maintain the privacy of the information.
B. Subject to the limitations set forth herein, body art practitioners may only perform body art upon a client under the age of 18 years with the written consent of the client’s parent or legal guardian. Prior to the performance of body art, the client’s parent or legal guardian shall:
1. Read, complete and sign an informed consent form that, at minimum, includes all information required by Section 119303(a) of the Act; and
2. Receive, complete and sign a health history questionnaire that, at minimum, includes all of the information required by Section 119303(b) of the Act. Pursuant to Section 119303(c) of the Act, the questionnaire and all responses contained therein shall be considered confidential information and the body art facility shall maintain the privacy of the information.
C. The following body art procedures may be offered or performed on clients under the age of 18 years with written consent of a parent or legal guardian:
1. Body piercing, except of the nipples or genitals; provided, that the procedure is performed in the presence of the parent or legal guardian;
2. Application of permanent cosmetics to the nipples when applied by a registered permanent cosmetic technician and as directed by a physician.
D. The following body art procedures may not be offered or performed on clients under the age of 18 years, regardless of written consent of a parent or legal guardian:
1. Tattooing;
2. Application of permanent cosmetics, except as provided in subsection (C)(2) of this section;
3. Branding;
4. Body piercing of the nipples or genitals. (Ord. 12-2013 § 2, 2012.)
5.38.080 Body art procedures – Health and hygiene standards.
A. Before performing body art, a body art practitioner shall take all precautionary health and hygiene actions required by Section 119308(a) of the Act, which include, among other things, washing of hands as well as using clean clothing, appropriate personal protective equipment, gloves and antiseptic/antimicrobial solutions.
B. After completing any body art procedure, a body art practitioner shall take all post-procedure actions required by Section 119308(b) of the Act, including answering client questions, providing the client post-procedure instructions, discarding of used sharps waste, and washing and disinfecting reusable instruments in a decontamination and sterilization area.
C. A body art practitioner shall maintain a clean and sanitary environment in accordance with the standards set forth in Section 119309 of the Act, including cleaning, disinfecting and/or decontaminating solid surfaces, objects, and instruments. No food, drink, tobacco product, or personal effects are permitted in the procedure area. The body art practitioner shall not eat, drink, or smoke while performing a body art procedure. If a client requests to eat, drink, or smoke, the body art procedure shall be stopped and the procedure area shall be protected from possible contamination while the client leaves the procedure area to eat, drink or smoke. (Ord. 12-2013 § 2, 2012.)
5.38.090 Health standards for jewelry, ink, permanent cosmetics, and instruments.
A. Jewelry, instruments and equipment utilized for body piercing shall comply with the health and materials standards set forth in Section 119310 of the Act.
B. Any ink, pigments, dyes, permanent cosmetics, needles, or instruments utilized in tattooing or applying permanent cosmetics shall comply with the health and materials standards set forth in Section 119311 of the Act. (Ord. 12-2013 § 2, 2012.)
5.38.100 Health and safety standards for permanent body art facilities.
With the exception of temporary body art facilities or mobile body art facilities, all body art facilities shall comply with the health and safety standards set forth in Section 119314 of the Act. (Ord. 12-2013 § 2, 2012.)
5.38.110 Health and safety standards for temporary and mobile body art facilities.
Temporary body art facilities and mobile body art facilities shall comply with the health and safety standards set forth in Sections 119316 through 119318 of the Act. At least seven calendar days prior to commencing operations, a temporary body art facility or mobile body art facility shall file a copy of its county certificate of registration and county public health facility permit with the Covina police department. Temporary body art facility permits shall be valid only for the days and hours of operation specified on the application as approved by the county. (Ord. 12-2013 § 2, 2012.)
5.38.120 Sterilization procedures.
Body art facilities, including temporary body art facilities and mobile body art facilities, shall comply with all of the sterilization procedures set forth in Section 119315 of the Act. (Ord. 12-2013 § 2, 2012.)
5.38.130 Mechanical stud and clasp ear piercing – Notification and operating standards.
A. It shall be unlawful for any person to perform piercing of the ear, except for the tragus, with a disposable, single-use, presterilized stud and clasp device or solid needle without first providing a form to the client, prepared by the city, that includes all of the information required by Health and Safety Code Section 119326(a) and paying a nonrefundable one-time notification fee to the city, as set by resolution of the city council.
B. Persons performing piercing of the ear, except for the tragus, with a disposable, single-use, presterilized stud and clasp device or solid needle shall only be required to comply with the standards set forth in Sections 119325 through 119327 of the Act. Said persons shall not be required to obtain a county certificate of registration or county public health facility permit to perform the limited activities set forth in this section. However, they shall be required to obtain a city business license in accordance with Chapter 5.04 CMC. (Ord. 12-2013 § 2, 2012.)
5.38.140 Inspection/impoundment of instruments.
A. Body art facilities, or any location suspected of being a body art facility, shall be subject to inspection by an enforcement officer during its hours of operation and other reasonable times in order to ensure compliance with this chapter and the Act. As part of the inspection, the enforcement officer may take photographs, secure samples, documents and records, or collect other evidence. During an inspection, the enforcement officer may verify the identity of all on-duty body art practitioners. The owner consents to the inspection of the body art facility by any enforcement officer for the purpose of determining that the provisions of this chapter, the Act or other applicable laws or regulations are met.
B. Any owner or his or her agent, servant or employee commits a violation if he or she refuses to permit a lawful inspection of the body art facility, or any location suspected of being a body art facility, by an enforcement officer at any time it is occupied or open for business.
C. Body art facilities shall maintain records of training required by this chapter and the Act and shall make them available for inspection by an enforcement officer for three years from the date of that training.
D. Based upon inspection findings or other evidence, the enforcement officer shall make a written report and provide a copy thereof to the owner of the body art facility or the body art practitioner at the completion of an inspection or investigation.
E. Based upon inspection findings or other evidence, an enforcement officer may impound instruments that are found to be unsafe to use. Within 30 days, the city, county or other enforcement agency that impounded the instruments shall commence a proceeding to release the impounded instruments or to seek an administrative or legal remedy for their disposal. (Ord. 12-2013 § 2, 2012.)
5.38.150 Suspension or revocation of business licenses, permits or registration.
A. The city business license of a body art practitioner or body art facility may be suspended or revoked on one or more of the following grounds:
1. That the license holder provided materially false information in his or her application to obtain a business license pursuant to CMC 5.38.060(D) or (E);
2. That the license holder has employed, allowed or permitted a body art practitioner without a current county certificate of registration to perform body art in his or her body art facility;
3. That the license holder does not adhere to the requirements set forth in this chapter, Chapter 11.36 of the County Code, or the Act, including but not limited to unannounced inspections for compliance.
B. License holders may be held responsible for violations of individual employees or contractors who practice or engage in or carry on the business of a body art practitioner to the extent permitted by the Act or other state law.
C. Where a body art practitioner or body art facility conducts or carries on such business contrary to the provisions of this chapter, the Act or any other ordinance or law relating to or regulating such business, the city may suspend or revoke the business license pursuant to the procedures set forth in Chapter 5.04 CMC. Appeals of any decision shall be as provided in Chapter 5.04 CMC.
D. Where a body art facility conducts or carries on such business contrary to the provisions of this chapter, the Act or any other ordinance or law relating to or regulating such business, the city may also revoke any site plan review or other land use entitlement applicable to the business, pursuant to the applicable procedures set forth in CMC Title 17.
E. A county certificate of registration or public health facility permit issued may be suspended, revoked or reinstated in accordance with the procedures set forth in Sections 119320 through 119322 of the Act or Chapter 11.36 of the County Code. (Ord. 12-2013 § 2, 2012.)
5.38.160 Violation – Penalty.
A. Any violation of any of the provisions of this chapter shall be punishable as a misdemeanor pursuant to Chapter 1.16 CMC.
B. Every person who violates any provision of this chapter may be subject to administrative citations pursuant to Chapter 1.26 CMC.
C. Any body art facility operated, conducted or maintained contrary to the provisions of this chapter or applicable state law shall be and the same is declared to be unlawful and a public nuisance. The city attorney or the district attorney may, in addition to or in lieu of any other enforcement or abatement measures, commence an action or actions, proceeding or proceedings for the abatement, removal and enjoinment thereof, in the manner provided by law. They shall also take such other steps, and shall apply to such courts or court as may have jurisdiction to grant such relief, as will abate or remove such body art facility and restrain and enjoin any person from operating, conducting or maintaining a body art facility contrary to the provisions of this chapter or applicable state law.
D. Remedies under this chapter are cumulative. (Ord. 12-2013 § 2, 2012.)