Hesperia Municipal Code Ch. 5.22 Body Art Facilities

Footnotes:

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Editor's note— Ord. No. 2019-10, § 3(Exh. A), adopted August 20, 2019, amended ch. 5.22 in its entirety to read as herein set out. Former ch. 5.22, §§ 5.22.010—5.22.090, pertained to similar subject matter, and derived from Ord. No. 2012-06, § 3(Exh. A), 10-2-12.

Any person desiring to operate a body art facility must obtain a body art facility business license prior to operating.

(Ord. No. 2019-10, § 3(Exh. A), 8-20-19)

A. Each applicant, along with a completed business license application and required fees, shall furnish to the city an unexpired, valid copy of a health permit for the facility, and a copy of the valid Body Art Practitioner Registration for each body art practitioner, issued by the San Bernardino County Office of Environmental Health. This permit(s) shall be furnished to the city upon original application for a business license, and at each renewal thereafter.

B. No application for renewal of a license shall be accepted earlier than ninety (90) days prior to expiration of the license.

C. The city shall promptly reject as incomplete any application which does not meet all the requirements of this chapter, and shall notify the applicant in writing, by first class mail, postage prepaid, to the address supplied to the city by the applicant, of the deficiencies in the application.

D. Upon receipt of a complete application, all supplemental required information, and payment of all required fees, the city shall refer the application to all appropriate city departments and county agencies. The departments shall review the application and the structure shall be inspected. The departments may request any further information, which is reasonably related to the licensing requirements of this chapter. The departments shall determine whether the premises and practitioners comply with all applicable laws, including appropriate zoning and land use designations.

E. If the city determines that the applicant does not fulfill the requirements of this chapter, the city shall deny the application in writing, which shall be delivered to the applicant by first class mail, postage prepaid..

(Ord. No. 2019-10, § 3(Exh. A), 8-20-19)

All body art facilities must comply with the operational provisions of this section. Noncompliance with these provisions may result in suspension or revocation of an existing body art facility license, or the denial of a new or renewed license:

A. Floors, walls, and ceilings must be smooth, free of open holes, and washable.

B. Procedure areas in a body art facility must be:

1. Equipped with a light source that provides adequate light at the procedure area.

2. Separated by a wall or ceiling-to-floor partition from nail and hair activities.

3. Equipped with a sink with hot and cold running water, containerized liquid soap, and single- use paper towels that are dispensed from a wall-mounted, touchless dispenser that are accessible to the practitioner.

C. Decontamination and sanitation areas within a body art facility must be

1. Separated from procedure areas by a space of at least five feet or by a cleanable barrier.

2. Equipped with a sink with hot and cold running water, liquid soap in a wall mounted dispenser, and single-use papertowels dispensed from a wall-mounted, touchless dispenser that are readily accessible to the practitioner.

D. Each procedure area and decontamination and sterilization area shall have lined waste containers.

E. Each procedure area and decontamination and sterilization area shall have a container for the disposal of sharps waste that meets the following requirements:

1. The sharps waste container shall be portable, if portability is necessary to ensure that the sharps waste container is within arm's reach of the practitioner.

2. The sharps waste container shall be labeled with the words "SHARPS WASTE" or with the international biohazard symbol and the word "BIOHAZARD".

3. All sharps produced during the process of body art shall be disposed by either of the following methods:

a. Removal and disposal by a company, or removal and transportation through a mail-back system approved by the San Bernardino County Department of Environmental Health pursuant to Section 118025 of the Health and Safety Code.

b. As solid waste, after being disinfected by a method approved by the San Bernardino County Department of Environmental Health pursuant to Section 118215(a)(3)(A) of the Health and Safety Code.

F. The health permit shall be posted in a conspicuous place at the body art facility.

G. Certificates of registration for all practitioners performing body art in that facility shall be prominently displayed either near the health permit or at the individual practitioner's procedure area if each practitioner has a designated area.

H. No animals, except service animals as defined by Chapter 5.68 of this code, shall be allowed in the procedure area or the decontamination and sterilization area.

(Ord. No. 2019-10, § 3(Exh. A), 8-20-19)

A practitioner registered in the city may practice in a temporary demonstration booth for no more than seven days in a 90-day period. The demonstration booth shall meet all of the following requirements:

A. Provide a valid and current health permit issued by the San Bernardino County Department of Environmental Health, and a business license from the city.

B. Provide body art services only inside a building that has hand washing facilities with hot and cold running water, soap, and single-use papertowels to which practitioners have direct access.

C. Constructed with a partition of at least three feet in height separating the procedure area from the public.

D. Used exclusively for performing body art.

E. Equipped with adequate light available at the level where the practitioner is performing body art.

F. For temporary body art events consisting of one demonstration booth, equipped with hand washing equipment that, at a minimum, consists of containerized liquid soap, single-use papertowels, a five-gallon or larger container of potable water accessible via spigot, and a wastewater collection and holding tank of corresponding size. Potable water shall be refilled and the holding tank evacuated at least every four procedures or every four hours, whichever occurs first.

G. For temporary body art events consisting of two or more demonstration booths, practitioner hand wash areas shall be provided throughout the event. The hand wash areas shall be located within a booth with partitions at least three feet in height separating the hand wash area from the public. The area shall be equipped with a commercial, self-contained hand wash station that consists of containerized liquid soap, single-use papertowels, a storage capacity of five gallons or more of potable water, and a trash receptacle. The sponsor shall provide one hand wash area for every two demonstration booths at the event.

H. Animals, except service animals as defined by Chapter 5.68 of this code, shall not be allowed within the confines of the demonstration booth.

I. The name, telephone number, and directions to an emergency room near the temporary body art event shall be posted in a conspicuous location.

J. Each practitioner working in a booth at a temporary body art event shall display his or her practitioner registration, issued by the San Bernardino County Department of Environmental Health, or keep the certificate in a folder that is available for inspection upon request of the enforcement officer or a client.

(Ord. No. 2019-10, § 3(Exh. A), 8-20-19)

A. Upon payment of all fees and successful verifications of the qualifications of the applicant, a body art facility business license shall be issued to the applicant by the city. A body art facility business license shall be denied if the applicant has not met the requirements of this chapter and applicable laws.

B. Any person denied a license pursuant to this chapter may appeal the denial in writing pursuant to the provisions of Section 5.04.150.

C. All body art facility business licenses issued under this chapter are nontransferable, both as to location and as to the person holding the license.

(Ord. No. 2019-10, § 3(Exh. A), 8-20-19)

Body art work done in specified anatomical areas defined in Section 16.20.320(C) must be done in an enclosed area out of plain view of the other patrons in the facility.

(Ord. No. 2019-10, § 3(Exh. A), 8-20-19)

Officers of the police department, the San Bernardino County Environmental Health Department, the building and safety division, the planning division, code enforcement, and the fire department shall have the right to enter any massage facility during regular business hours to make reasonable inspection to ensure compliance with the provisions of this chapter.

A body art practitioner whose certificate of registration has been suspended or revoked shall cease doing business until the certificate has been reinstated or a new one has been issued. Suspension of the registration of one practitioner in a body art facility does not affect the status of other practitioners in the facility unless the violation or violations are for conditions or equipment that affects the ability of all the practitioners in the facility to comply with the health and safety provisions of this chapter.

(Ord. No. 2019-10, § 3(Exh. A), 8-20-19)