Monterey County Municipal Code Ch. 10.91 Body Art and Ear Piercing

The following definitions shall govern in the construction and meaning of this Chapter:

"Body art" means tattooing, permanent cosmetics and body piercing.

"Body art operator" means any individual who is a practitioner of tattooing, permanent cosmetics and body piercing to include, conducting body art procedures on another individual or technically advising the body art procedures performed by another individual.

"Body piercing" means the creation of an opening in the human body for the purpose of inserting jewelry or other decoration. This includes but is not limited to, piercing of an ear, lip, tongue, nose or eyebrow.

"Contaminated" means the presence or reasonably anticipated presence of blood, body fluid or other potentially infectious materials in or on the surface of an item.

"Contaminated waste" means any contaminated material used in body art that is to be disposed of.

"Department" means the County of Monterey Department of Health.

"Ear piercing" means the puncturing of the outer perimeter or lobe of the ear with a pre-sterilized single-use stud-and-clasp ear-piercing system following manufacturer's instructions.

"Facility" means the place, either residential or commercial, where the act, practice, or business of body art and or ear piercing is occurring.

"Permanent cosmetics" means pigments applied to or under the skin of a human being for the purpose of permanently changing the color or other appearance of the skin. This includes, but is not limited to, permanent eyeliner, eye shadow, or lip color.

"Person" means any individual, firm or corporation, owner or operator of a tattooing, permanent cosmetics or body piercing establishment.

"Sanitation" means effective bactericidal and virucidal treatment of clean equipment surfaces by a process that has been approved by the Director of Health as being effective in destroying pathogens.

"Sterilization" means the destruction of all living organisms including spores.

"Tattooing" means to insert pigment under the surface of the skin of a human being, by pricking with a needle or otherwise, to produce an indelible mark or figure visible through the skin.

(Ord. 4233 § 1 (part), 2004)

A. The Board of Supervisors hereby determines that the secure management of body art and ear piercing is necessary to protect the public health, welfare and safety.

B. It shall be the duty of the Director of Health to enforce the provisions of this Chapter and to implement provisions of Chapter 7 (commencing with Section 119300) of Part 15 of Division 104 of the California Health and Safety Code throughout both the incorporated and unincorporated areas of Monterey County.

(Ord. 4233 § 1 (part), 2004)

The Department is hereby authorized to adopt regulations for body art and ear piercing which are not inconsistent with State law and the provisions of this Chapter.

(Ord. 4233 § 1 (part), 2004)

A. It shall be unlawful for any person, firm or corporation, owning, controlling, leasing, acting as agent for, conducting, managing or operating any establishment to practice or engage in the practice of body art or ear piercing without first applying for and receiving a permit from the Department in the manner hereinafter provided.

B. Applicants must be at least eighteen (18) years of age at the time of application, and shall file with the Department a verified application in writing on a form furnished and approved by the Director of Health, which shall include, but not be limited to, the following information:

1. Name of applicant;

2. Permanent home and business address and full local address of the applicant;

3. Trade or firm name;

4. The name of each person engaging in the practice of body art or ear piercing in the facility, together with a description of his or her experience and qualifications, and such other pertinent information as the Department of Health may require;

5. The name and address of the transporter that the applicant has arranged for the disposal of all contaminated waste.

C. Fees. The amount of any fee to be paid under this Chapter shall be set forth in the Monterey County Fee Resolution. All fees shall be paid in the amount stated in the fee resolution at the time of the actual payment of the fee.

(Ord. 4233 § 1 (part), 2004)

A. It shall be the duty of the Department to investigate the statements made in the application and the premises where the applicant proposes to practice the business of body art and ear piercing. A permit therefor shall be granted for the establishment if it appears to the Department that the statements contained in the application are true and that the sanitary conditions prevailing upon the premises comply with:

1. The provisions of this Chapter;

2. The provisions of State law; and

3. Conform to the regulations of the Department.

B. The permit shall be subject to suspension or revocation by the Department of Health upon a showing satisfactory to the Department of a violation by the holder of such permit, or person or employee acting with the applicant's consent or under applicant's authority, of any provision of this Chapter or any law of the State of California, or any rule or regulation of the Director of Health regulating body art and ear piercing establishments.

(Ord. 4233 § 1 (part), 2004)

A. It shall be unlawful for any person to employ an operator in the practice of body art without such operator having first secured an operator's card as provided in this Chapter.

B. Applicants must be at least eighteen (18) years of age at the time of application and pass all other requirements of the regulations of the Department and shall file with the Department a verified application in writing on a form furnished and approved by the Department, which shall have, but not be limited to, the following information:

1. Name of body art operator;

2. Permanent home and business address and full local address of the body art operator;

3. Permanent home, business and local phone numbers of body art operator;

4. The name, address, and telephone number of each facility in which applicant is practicing the business of body art.

5. All registrants for body art operators must either:

a. Document protection against hepatitis B (HBV) in the form of:

i. Certification of completed vaccination, or

ii. Laboratory evidence of immunity; or

b. File a certificate of vaccination declination for HBV. The declination for vaccination shall be kept on file in the practicing facility and made available for inspection during regular operating hours of the facility.

(Ord. 4233 § 1 (part), 2004)

A. Upon proof of a violation by the body art or ear piercing facility or body art operator of any of the applicable sanitation and health laws or regulations of the State of California or the County of Monterey, the Department may temporarily suspend or may revoke the facility permit or the operator's card.

B. Failure to pay the permit fee, operating fee, and or operator registration fee shall be sufficient cause for the Department to temporarily suspend or revoke such facility permit or operator's card.

C. Failure to pay any reinspection, complaint inspection, or complaint reinspection fees prior to July 1st of the next fiscal year shall be sufficient cause for the Department to temporarily suspend or revoke such facility permit or operator's card.

D. No person whose facility permit or the operator's card has been suspended or revoked shall continue to engage in or carry on the business for which the facility permit or the operator's card was granted, unless and until, in the case of suspension, the Department of Health has reinstated such facility permit or the operator's card.

(Ord. 4233 § 1 (part), 2004)

A permit for a body art or ear piercing facility or an operator's card under the provisions of this Chapter may be granted at any time during the year, but all permits and operator's cards issued hereunder shall expire on the thirtieth day of the next succeeding June. Facility permits and operator's cards are renewable annually effective for the period July 1st—June 30th and shall not be transferable.

(Ord. 4233 § 1 (part), 2004)

A. All permits issued pursuant to this Chapter shall be posted by the permittee in a conspicuous place in the permittee's place of business and all operator's cards shall be present on person when body art procedures are being performed or supervised.

B. If any such permit or operator's card is suspended or revoked, it shall be surrendered to the Department upon demand.

(Ord. 4233 § 1 (part), 2004)

Any person, firm or corporation who violates any of the provisions of this Chapter or fails to comply with any order or regulation made hereunder shall be guilty of a misdemeanor and shall be punished as provided in Section 1.20.040 of this Code.

(Ord. 4233 § 1 (part), 2004)