Hermosa Beach Municipal Code Art. 4 Compliance and Enforcement

11.36.400 Compliance with chapter provisions required.

1. The provisions of this chapter are in full force and effect within the City of Hermosa Beach.
2. Except as exempted under this chapter, every person who conducts a body art activity, as defined in this chapter, including any person owning or operating any business or establishment regulated by this chapter, must comply with the provisions of this chapter. Each person receiving services resulting from activities regulated by this chapter must also comply with the provisions of this chapter.
3. Any person who operates a body art establishment without a valid public health facility permit, any person conducting any body art activity without a valid public health operator permit, unless exempted pursuant to this chapter, or any person, who violates any law, ordinance or regulation governing any activity regulated by this chapter, or who, upon demand of the county health officer or City of Hermosa Beach, refuses or neglects to conform to a lawful order or directive of a county health officer or the City of Hermosa Beach pertaining to conduct regulated by this chapter, is guilty of a misdemeanor, punishable by fine of $1,000.00, imprisonment in the county jail for a period not to exceed six months, or both. Each such act is punishable as a separate offense, and each subsequent day that an act continues constitutes a separate act punishable as a separate offense.
4. Operating a body art establishment in violation of any provision of this chapter constitutes a misdemeanor, punishable as provided herein and in Section 8.04.060 of the Hermosa Beach Municipal Code.
5. Except as specified in an approved variance issued pursuant to subsection F of this section, it is unlawful for any person to conduct any body art activity in any manner not conforming with the provisions of this chapter.
6. Any person seeking to conduct any activity or operate an establishment regulated by this chapter in a nonconforming manner must apply to the department for a variance. Such application must include a detailed description of the proposed nonconforming activity, including but not limited to describing all involved equipment, instruments, processes, procedures and methods. The application must also include any available documentation that verifies that the nonconforming activity, when conducted as proposed, provides adequate safeguards to the public health and safety. In addition, the person seeking a variance must provide a pre-addressed envelope with postage paid. The application will be reviewed and approved or denied by the department, and the decision will be mailed to the applicant using the provided envelope. No person may conduct any activity or operate an establishment regulated by this chapter in a nonconforming manner without having an approved variance from the department in his or her possession.

11.36.410 Communicable disease control.

If the department has reasonable cause to suspect a communicable disease is, or may be transmitted by any person conducting activities regulated by this chapter, or by any use of contaminated equipment, or by other unsanitary or unsafe conditions which may adversely impact the public health and safety, the department may do any or all of the following:

1. Issue an order excluding from the permitted body art establishment any person responsible for transmitting a communicable disease, or reasonably believed to be responsible for transmitting a communicable disease, or reasonably believed to pose a substantial risk of transmitting a communicable disease, until the department determines there is no further risk to the public health and safety;
2. Issue an order to immediately suspend the public health facility permit issued to the owner of the body art establishment until the department determines there is no further risk to the public health and safety;
3. Issue an order to an owner, an employee or a client of a body art establishment, to provide information reasonably deemed necessary to prevent the spread of communicable disease.

11.36.420 Health officer–Enforcement.

1. The county health officer may enter and inspect any body art establishment or enter and inspect any location suspected of conducting any activity regulated by this chapter, and, for purposes of enforcing this chapter, the county health officer may issue notices and impose fines therein and take possession of any sample, photograph, record or other evidence, including any documents bearing upon the body art establishment’s or body art technician’s compliance with the provision of the chapter. Such inspections may be conducted as often as necessary to ensure compliance with the provisions of this chapter. The county health officer shall prepare a written report of the results of the inspection and provide a copy of such report to the owner or body art technician, as appropriate. In the event any person is cited in the report for a violation of this chapter, the cited person will be provided a notice to comply by either personal service or by first class mail to the cited person’s last known address or to his or her place of employment.

2. Based upon inspection findings or other evidence, the county health officer may do any of the following:

3. Impound any equipment, device or supply that is found to be unsanitary, lacking any required approval, or otherwise in such condition that it poses a substantial risk to endanger the public health and safety;

4. Attach a tag to any equipment, device or supply that is found to be unsanitary, lacking any required approval, or is otherwise in such condition that it poses a substantial risk to endanger the public health and safety, which designates the tagged item as unauthorized for use. No person shall use the tagged item or move or remove the tag without authorization from the department. The department shall commence an administrative review within 30 days of an action impounding or tagging an item to assess the propriety of such action, or release said impounded item or remove the tag from said tagged item.

5. The department shall establish departmental regulations, a copy of which shall be made available at no charge, upon request. As determined necessary by the department, the department may, from time to time, amend the departmental regulations. A copy of amendments shall also be made available at no charge, upon request.

11.36.430 Owner responsibility.

The owner of a body art establishment is responsible for any violation by any person who does any body art activity with the owner’s consent in the owner’s body art establishment whether such person is an employee or a body art technician independent operator. Any such body art activity done with the owner’s actual or constructive knowledge is presumed to be done with the owner’s consent.

11.36.440 Manager–Requirements.

A manager must have successfully completed the blood-borne pathogen training required for registrants under this chapter, be familiar with the provisions of this chapter and be capable of communicating the provisions of this chapter to employees and clients of the body art establishment wherein he or she acts as manager. A manager shall be present in the body art establishment during business hours and at all times during which body art activity is conducted therein. The manager shall immediately identify himself or herself to any county health officer entering the body art establishment on official county business. In the owner’s absence, the manager shall be authorized to accept on behalf of the owner any notice issued to the owner pursuant to the provisions of this chapter.

11.36.450 Facilities held in common or shared.

A violation of any provision of this chapter occurring in an area of a facility held in common or shared by more than one body art establishment, which is related to the condition of the facility or any requirement for obtaining or maintaining a public health facility permit, shall be deemed a violation for which the owner of each such body art establishment is responsible.

11.36.460 Noncompliance with county health officer–Injunctive relief.

Any act or failure to act which is a violation of this chapter may be the subject of a civil action to enjoin the person so acting or failing to act to conform his or her conduct to the provisions of this chapter. A civil action to enforce the provisions of this section may be brought by the county counsel, the district attorney city attorney or any person directly affected by said failure to comply with the provisions of this chapter. The filing and prosecution of such an action shall, in no way, limit the authority or ability to impose other requirements of this chapter or penalties enumerated hereunder.

11.36.470 Exemptions.

Reserved.

11.36.480 Severability.

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the remainder of the chapter or the application of such provision to other persons or circumstances shall not be affected thereby.