Berkeley Municipal Code Ch. 11.70 Body Art and Body Piercing Facilities

It is the purpose and intent of this chapter to implement the provisions of the 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. 7239-NS § 1 (part), 2012)

A. "Body art" shall have the same meaning as Health and Safety Code Section 119301(c) as amended from time to time.

B. "Body art facility" shall have the same meaning as Health and Safety Code Section 119301(d) as amended from time to time.

C. "Body piercing" shall have the same meaning as Health and Safety Code Section 119301(e) as amended from time to time.

D. "Client" shall have the same meaning as Health and Safety Code Section 119301(g) as amended from time to time.

E. "DEH" means the City of Berkeley Division of Environmental Health.

F. "Enforcement officer" shall have the same meaning as Health and Safety Code Section 119301(l) as amended from time to time.

G. "Instrument" shall have the same meaning as Health and Safety Code Section 119301(n) as amended from time to time.

H. "Person" means any individual, proprietorship, partnership, firm, association, joint stock company, corporation or combination of individuals of whatever form or character.

I. "Permit" means written approval by DEH to operate a body art facility.

J. "Practitioner" shall have the same meaning as Health and Safety Code Section 119301(t) as amended from time to time.

K. "Temporary body art facility" shall have the same meaning as Health and Safety Code Sections 119316(b) and 119317 as amended from time to time.

L. "Mobile body art facility" shall have the same meaning as Health and Safety Code Section 119316(a) as amended from time to time. (Ord. 7239-NS § 1 (part), 2012)

It shall be unlawful for any person to perform body art in the City of Berkeley without first registering with the City. As a condition of registration, the applicant shall provide to the City all of the evidence required by Health and Safety Code Section 119306(b) as amended from time to time and pay a nonrefundable registration fee. (Ord. 7239-NS § 1 (part), 2012)

The term of registration shall be one year, beginning January 1st of each year. Every registration fee which is not paid when due and payable is delinquent and if not paid within thirty days subject to a ten percent penalty. (Ord. 7239-NS § 1 (part), 2012)

It shall be unlawful for any person to operate or cause to be operated a body art facility whether permanent, temporary, or mobile without first obtaining a valid health permit.

Every applicant for such a permit shall file with DEH a written application on a form to be provided by DEH and pay a nonrefundable filing fee. The applicant shall provide all of the evidence required by Health and Safety Code Section 119312(b) as amended from time to time as well as all of the following:

1. The name and address of the applicant and body art facility.

2. The number of body art practitioners providing body art at the facility.

3. Evidence of valid body art practitioner registration for each of the body art practitioners providing body art at the facility. (Ord. 7239-NS § 1 (part), 2012)

A. DEH will issue a permit pursuant to Section 11.70.050 only after it has completed an investigation and determined that the body art facility and its method of operation meet the requirements of this chapter and the Safe Body Art Act.

B. Applications for proposed temporary body art facility shall be filed no later than ten (10) working days prior to the intended commencement of the temporary body art facility. Temporary body art facility permits shall be valid only for the days and hours of operation specified on the application as approved by DEH. (Ord. 7239-NS § 1 (part), 2012)

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 chapter and the Safe Body Art Act in advance of applying for any building, plumbing, or electrical permits for the facilities to be constructed, reconstructed or altered. (Ord. 7239-NS § 1 (part), 2012)

A permit or registration issued pursuant to this chapter is for the exclusive use of the body art practitioner or facility that was issued the permit or registration and may not be transferred as to any other person at any time. (Ord. 7239-NS § 1 (part), 2012)

The term of the permit shall be one year, beginning January 1st of each year. Every annual permit fee which is not paid when due and payable is delinquent and if not paid within thirty days subject to a ten percent penalty. (Ord. 7239-NS § 1 (part), 2012)

A. Body art facilities shall be subject to inspection by an enforcement officer during the facility’s hours of operation and other reasonable times in order to ensure compliance with this chapter and the Safe Body Art Act.

B. Body art facilities shall maintain records of training required by the Safe Body Art Act and shall make them available for inspection by an enforcement officer for three years from the date of that training.

C. The City shall make a written report and provide a copy thereof to the owner of the body art facility or the practitioner at the completion of an inspection or investigation.

D. 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 DEH shall commence a proceeding to release the impounded instruments. (Ord. 7239-NS § 1 (part), 2012)

A permit or registration issued pursuant to this chapter may be suspended, revoked or reinstated in accordance with the procedures set forth in the Health and Safety Code Sections 119320 through 119322 as amended from time to time. (Ord. 7239-NS § 1 (part), 2012)

It shall be unlawful for any person to perform piercing of the ear with a mechanical stud and clasp device without first filing a notification form provided by DEH that includes all of the information required by Health and Safety Code Section 119326(a) and paying a nonrefundable filing fee. (Ord. 7239-NS § 1 (part), 2012)

A. Every person who violates any provision of this chapter shall be guilty of a misdemeanor and, upon conviction, such person shall be punishable as set forth in Chapter 1.20 of this Code.

B. Every person who violates any provision of this chapter may be subject to administrative citations pursuant to Chapter 1.28 of this Code.

C. Remedies under this chapter are cumulative. (Ord. 7239-NS § 1 (part), 2012)

If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter. In addition, the City Council hereby declares that it would have passed the ordinance codified in this chapter, and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of this chapter would be subsequently declared invalid or unconstitutional. (Ord. 7239-NS § 1 (part), 2012)