Marin County Municipal Code Ch. 7.26 Body Art and Body Piercing

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 provides standards for the regulations of persons engaged in the business of tattooing, body piercing, and the application of permanent cosmetics. The standards require annual registration of body art practitioners, issuance of annual health permits for body art facilities and allows local agencies to require notification forms be completed by ear piercing facilities that use only a mechanical stud and clasp device.

(Ord. No. 3589, § 1, 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. EHS means the County of Marin, Division of Environmental Health Services.

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

L. "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.

M. "Mobile body art facility" shall have the same meaning as Health and Safety Code Section 119316(a) as amended from time to time.

(Ord. No. 3589, § 1, 2012)

It shall be unlawful for any person to perform body art in the County of Marin without a valid and current registration issued by EHS, except as otherwise specified in Health and Safety Code Section 119306(d) as amended from time to time. As a condition of registration, the applicant shall provide to the County of Marin 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. No. 3589, § 1, 2012)

The term of registration shall be one year, from the date of issuance. Body art practitioners shall renew their registration annually, in accordance with Health and Safety Code Section 119306(e). Evidence as required in Section 7.26.030 shall be submitted with the registration renewal.

(Ord. No. 3589, § 1, 2012)

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

B. Every applicant for such a permit shall file with EHS a written application on a form to be provided by EHS and pay a permit 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.

C. It shall be unlawful for any sponsor of a temporary art facility to organize any event that includes a body art demonstration booth without a valid permit issued by EHS.

(Ord. No. 3589, § 1, 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. No. 3589, § 1, 2012)

A. EHS will issue a permit pursuant to Section 7.26.050 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 facilities, which include mobile facilities, shall be filed no later than ten 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 EHS.

(Ord. No. 3589, § 1, 2012)

A. The term of permit shall be one year, from the date of issuance.

B. Application. All applications for permits shall be on a form supplied by EHS and shall be accompanied by such fees as are established by the board of supervisors by resolution.

C. Renewal fee. The fee for renewal of the permit shall be the same as the annual fee.

D. Delinquency. In the event that application for renewal is not made within one calendar month of the date of expiration, a delinquency charge of twenty percent of the fee shall be assessed. For every calendar month of delinquency, an additional twenty percent of the fee shall be assessed.

E. Penalty. Conditions requiring additional inspections due to noncompliance with applicable statues/regulations will incur additional environmental health services cost recovery fees as provided in the fee schedule in effect at the time of noncompliance.

(Ord. No. 3589, § 1, 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. No. 3589, § 1, 2012)

A. Body art facilities shall be subject to inspection by the enforcement agency 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. The enforcement officer may perform any or all of the enforcement activities set forth in Health and Safety Code Section 119319 as amended from time to time.

(Ord. No. 3589, § 1, 2012)

A certificate of registration or health permit 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. No. 3589, § 1, 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 EHS that includes all of the information required by Health and Safety Code Section 119326(a) and paying a nonrefundable filing fee.

(Ord. No. 3589, § 1, 2012)

A. Any person who violates any provision of this chapter shall be guilty of a misdemeanor. Except where other penalties are specified, each offense may be punished by a fine of not less than fifty dollars or more than one thousand dollars, or by imprisonment in the county jail not to exceed six months, or by both such fine and imprisonment.

B. Any person who violates any provision of this chapter may be subject to nuisance abatement proceedings including, but not limited to civil penalties and attorney's fees, in accordance with state law and/or Chapter 1.05 of this Code.

C. Any person who violates any provision of this chapter may be subject to an administrative penalty in an amount of three times the cost of certificate of registration and/or health permit, as applicable, but in no event more than one thousand dollars.

D. Remedies under this chapter are cumulative.

(Ord. No. 3589, § 1, 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 County of Marin 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.

(Ord. No. 3589, § 1, 2012)