San Francisco County Municipal Code Art. 40 Safe Body Art

Sec. 4001. Purpose. Sec. 4002. Definitions. Sec. 4003. Permit Required for Body Art Facility. Sec. 4004. Investigation and Inspection. Sec. 4005. Registration Card Required for Body Art Practitioner. Sec. 4006. Expiration Date of Permit and Registration Card. Sec. 4007. Nontransferability of Permit and Registration Card. Sec. 4008. Body Art Temporary Demonstration Booth. Sec. 4009. Mechanical Stud and Clasp Ear Piercing. Sec. 4010. Permit and Registration Fees. Sec. 4011. Body Art Facility Permits and Practitioner's Registration Cards – Notice to Clients and Prospective Clients.

Sec. 4012. Suspension or Revocation of Permit or Registration Card. Sec. 4013. Imminent Health Hazard. Sec. 4014. Violations – Penalties. Sec. 4015. Rules and Regulations. Sec. 4016. Undertaking for the General Welfare. Sec. 4017. Severability.

SEC. 4001. PURPOSE. The Board of Supervisors finds and declares the following: The purpose of this ordinance is to implement California Health & Safety Code Sections 119300 et seq., the Safe Body Art Act, to provide minimum standards for the regulation of persons engaged in California in the business of tattooing, body piercing, branding, and the application of permanent cosmetics. These standards are intended to protect both the practitioner and the client from transmission of infectious diseases through the application of proper body art procedures, and the prevention of cross-contamination of instruments and supplies. (Added by Ord. 19-14 , File No. 130402, App. 3/14/2014, Eff. 4/13/2014) SEC. 4002. DEFINITIONS. For purposes of this Article 40, the following definitions apply. "Aftercare" means written and oral instructions (sometimes called "post procedure instructions") given to the client, that are specific to the body art procedure the client has undergone or will undergo, and that pertain to caring for the body after the procedure. "Antimicrobial" means agents that disinfect, sanitize, reduce, or mitigate growth or development of microbiological organisms. "Autoclave" means a container (sometimes called a "steam sterilizer") specifically made for sterilizing instruments or other materials by superheated steam (at least 250 degrees Fahrenheit) under pressure for a specified period of time to insure sterilization of all contents. "Blood" means human blood, human blood components, and products made from human blood. "Bloodborne pathogen" means a disease-causing microorganism that, when present in the blood, can be transmitted to humans, including, but not limited to, hepatitis B virus (HBV), hepatitis C virus (HCV), and human immunodeficiency virus (HIV). "Bodily fluids" means any fluid in the body including blood, urine, saliva, sputum, tears, semen, milk, or vaginal secretions. Blood may be released from the body when the skin of any human surfaces including but not limited to the lip, tongue, mouth or nose, is punctured, torn, cut, or abraded. "Body art" means body piercing, tattooing, branding, or applying permanent cosmetics to the human body, as those terms are defined below. (1) "Body piercing" means the creation of an opening in a human body for the purpose of inserting jewelry or other decoration. "Body piercing" includes, but is not limited to, the piercing of an ear, including the tragus, lip, tongue, nose, or eyebrow; provided, however, that "body piercing" does not include the piercing of an ear, except for the tragus, with a disposable, single-use, pre-sterilized stud and clasp or solid needle that is applied using a mechanical device to force the needle or stud through the ear. (2) "Tattooing" means the insertion of pigment in human skin tissue by piercing with a needle. (3) "Branding" means the process in which a mark or marks are burned into human skin tissue with a hot iron or other instrument, with the intention of leaving a permanent scar. (4) "Permanent cosmetics" means the application of pigments in human skin tissue for the purpose of permanently changing the color or other appearance of the skin. This includes, but is not limited to, permanent eyeliner, eyebrow, or lip color. "Body art facility" means the building, section of a building, or vehicle in which a practitioner performs body art, including reception areas, the procedure area, and the decontamination and sterilization area, as those terms are defined below. (1) "Reception area" means the room, or portion of the building where clients, potential clients, and members of the public, are greeted and wait to be admitted to the procedure area. (2) "Procedure area" means a room, or designated portion of a room, or designated portion of a vehicle, that is set apart and only used

to perform body art. (3) "Decontamination and sterilization area" means a room, or specific section of a room, or specific section of a vehicle, that is set apart and used exclusively to decontaminate and sterilize instruments. "Body art temporary demonstration booth" means the temporary area in which practitioners may work under the conditions delineated in Section 4008, below. "Client" means an individual upon whom a practitioner performs body art. "Decontaminate" means the use of physical or chemical means to remove, inactivate, or destroy bloodborne pathogens on a surface or item to the point where the pathogens are no longer capable of transmitting infectious particles and the surface or item is rendered safe for handling, use, or disposal. "Department" means the San Francisco Department of Public Health. "Director" includes the Director of Public Health, and any designee of the Director of Public Health. "Instrument" means a nonmedical application device used in performing body art, including, but not limited to, needles, needle bars, needle tubes, forceps, hemostats, tweezers, razors, or razor blades. "Owner" means either of the following: (1) The person or persons whose name or names appear on the health permit, business license, property deed, or rental agreement of the body art facility. (2) A person, acting as a principal of a corporation or partnership, who employs practitioners to perform body art. "Practitioner" means a person who performs body art on a client. "Sterilize" means the complete destruction of all microbial life forms, including spores. (Added by Ord. 19-14 , File No. 130402, App. 3/14/2014, Eff. 4/13/2014) SEC. 4003. PERMIT REQUIRED FOR BODY ART FACILITY. (a) All body art facilities must obtain a permit issued by the Director. (b) Every applicant for a body art facility permit shall file a written application with the Department, which shall state the name and address of the applicant, a description of the body art facility by street and number, the number of practitioners to be employed in the body art facility, together with a description of the experience and qualifications of each practitioner, and such other pertinent information as the Department may require. Such information shall be updated annually. (c) A body art facility permit shall be subject to suspension or revocation by the Director, following a hearing, upon a showing satisfactory to the Director of a violation by the practitioner of state law, this Article 40, other local law, or the Director's rules and regulations implementing this Article, in accordance with the procedures set forth in Section 4012 of this Article. (Added by Ord. 19-14 , File No. 130402, App. 3/14/2014, Eff. 4/13/2014) SEC. 4004. INVESTIGATION AND INSPECTION. The Director shall investigate the statements made in the application for a body art facility permit, and shall inspect the proposed body art facility. If the Director determines that the statements contained in the application are true, and that the sanitary conditions of the body art facility comply with state law, this Article 40, local zoning, fire and building code requirements, and the Director's rules and regulations implementing this Article, a permit shall be granted for the body art facility. (Added by Ord. 19-14 , File No. 130402, App. 3/14/2014, Eff. 4/13/2014) SEC. 4005. REGISTRATION CARD REQUIRED FOR BODY ART PRACTITIONER. (a) It shall be unlawful for any person to employ a body art practitioner without such practitioner having first secured a practitioner's registration card issued by the Director. (b) The issuance of the body art practitioner's registration card shall be subject to the applicant's compliance with state law, the

provisions of this Article 40, and the Director's rules and regulations implementing this Article, including passing any required examination. (c) A practitioner's registration card shall be subject to suspension or revocation by the Director, following a hearing, upon a showing satisfactory to the Director of a violation by the practitioner of state law, this Article 40, other local law, or the Director's rules and regulations implementing this Article, in accordance with the procedures set forth in Section 4012 of this Article. (Added by Ord. 19-14 , File No. 130402, App. 3/14/2014, Eff. 4/13/2014) SEC. 4006. EXPIRATION DATE OF PERMIT AND REGISTRATION CARD. A permit for a body art facility or a body art practitioner's registration card may be granted at any time during the year, but all body art facility permits and body art practitioner's identification cards issued, regardless of the date of issuance, shall expire at the end of the thirtieth day of the June following the date of issuance. (Added by Ord. 19-14 , File No. 130402, App. 3/14/2014, Eff. 4/13/2014) SEC. 4007. NONTRANSFERABILITY OF PERMIT AND REGISTRATION CARD. (a) A permit for a body art facility is not transferable. (b) A body art practitioner's registration card is not transferable. (Added by Ord. 19-14 , File No. 130402, App. 3/14/2014, Eff. 4/13/2014) SEC. 4008. BODY ART TEMPORARY DEMONSTRATION BOOTH. (a) A registered body art practitioner may practice in a temporary demonstration booth for no more than 7 days in a 90-day period, if the demonstration booth meets all of the following requirements: (1) Is located in a building that has, at a minimum, hand washing facilities with hot and cold running water, containerized liquid soap, single-use paper towels, a five-gallon or larger container of potable water accessible via spigot, and a wastewater collection and holding tank of corresponding size, to which the practitioner has direct, unobstructed access. Potable water shall be refilled and the holding tank evacuated at least every four procedures or every four hours, whichever occurs first, while the temporary demonstration booth is in operation. (2) Is constructed with a partition of at least 3 feet in height separating the procedure area from the public. (3) Is free from both insect and rodent infestation. (4) Is used exclusively for performing body art. (5) Is equipped with adequate light at the level where the practitioner is performing body art. (6) Prohibits animals. (7) Operates with all necessary permits to conduct business at that site. (b) All body art temporary demonstration booths must meet the requirements listed in subsection (a), above, and obtain a permit from the Department. (c) In addition to the penalties authorized in Section 4014, if a body art practitioner violates this section, the Department shall close the body art event and shall impose a penalty not to exceed three times the cost of the permit. (Added by Ord. 19-14 , File No. 130402, App. 3/14/2014, Eff. 4/13/2014) SEC. 4009. MECHANICAL STUD AND CLASP EAR PIERCING. Facilities that use a pre-sterilized single-use mechanical stud and clasp device to pierce an ear shall conduct such services in a safe and

sanitary manner. The operator of a mechanical stud and clasp facility, or facilities, shall register the facility, or facilities, with the Department annually. Such registration shall include a contact person responsible for compliance with state and local law, and the address, or addresses, of the facility or facilities, respectively, and a statement that the operator will conduct such services in conformance with state law. (Added by Ord. 19-14 , File No. 130402, App. 3/14/2014, Eff. 4/13/2014) SEC. 4010. PERMIT AND REGISTRATION FEES. (a) The following fees shall be paid for issuance of a facility permit and/or practitioner registration:

Body Art Facility Application $350.00 Body Art Facility – new construction, deposit for review plans, and inspection $744.00 Body Art Facility – inspection, re- inspection, consultation $191.00/hour Body Art Mobile Facility – annually $800.00 Body Art Practitioner Registration Application (includes Photo ID card) $100.00 Body Art Practitioner Replacement Photo ID card $25.00 Body Art Temporary Demonstration Booth $130.00 Body Art Temporary Event Demonstration Booth Sponsor $300.00 Body Art Temporary Event Practitioner – Application $100.00 Mechanical Stud and Clasp Piercing Facility Registration $45.00

(b) Upon approval of an application by an owner or operator of a body art facility for a permit to engage in the practice of body art, the Director shall forward the permit to the Tax Collector, who, upon payment of the permit fee by the applicant shall issue a license and upon showing proof of payment to the Department, the Department shall issue the permit to the designated permittee. (c) Beginning with fiscal year 2014-2015, the fee set forth in the Section may be adjusted each year, without further action by the Board of Supervisors, as set forth in this Section. Not later than April 1, the Director shall report to the Controller the revenues generated by the fee for the prior fiscal year and the prior fiscal year's costs of operation, as well as any other information that the Controller determines appropriate to the performance of the duties set forth in this Section. (d) Not later than May 15, the Controller shall determine whether the current fee has produced or is projected to produce revenues sufficient to support the costs of providing the services for which the fee is assessed and that the fee will not produce revenue which is significantly more than the costs of providing the services for which the fee is assessed. The Controller shall, if necessary, adjust the fee upward or downward for the upcoming fiscal year as appropriate to ensure that the program recovers the costs of operation without producing revenue which is significantly more than such costs. The adjusted fee shall become operative on July 1. (Added by Ord. 19-14 , File No. 130402, App. 3/14/2014, Eff. 4/13/2014) SEC. 4011. BODY ART FACILITY PERMITS AND PRACTITIONER'S REGISTRATION CARDS – NOTICE TO CLIENTS AND PROSPECTIVE CLIENTS. (a) The body art facility permit, current body art facility license and Director's regulations shall be posted at all times in a conspicuous place in the body art facility so as to be readily visible to clients and prospective clients. (b) The body art practitioner registration card must be conspicuously worn by the practitioner or otherwise clearly displayed to clients and prospective clients, at all times while the practitioner is on duty. (Added by Ord. 19-14 , File No. 130402, App. 3/14/2014, Eff. 4/13/2014) SEC. 4012. SUSPENSION OR REVOCATION OF PERMIT OR REGISTRATION CARD.

(a) A body art facility permit or body art practitioner registration card may be suspended or revoked by the Director for violation of state laws regulating body art, or violation of this Article 40, other local law, or any Director's regulations implementing this Article 40. (b) Prior to any action to suspend or revoke a body art facility permit or body art practitioner registration card, the Director shall issue a written Notice of Violation setting forth the basis for such action and notifying the body art facility permit holder or registered body art practitioner of the right to a hearing prior to suspension or revocation. (c) A body art facility permit holder or registered body art practitioner may request a hearing within 15 days after receipt of the Notice of Violation. Failure to request a hearing within 15 days shall be deemed a waiver of the right to a hearing, with the result that the permit or registration card will be suspended or revoked consistent with the notice provided with the issuance of the Notice of Violation. (d) If the body art facility permit holder or registered body art practitioner timely requests a hearing, the hearing shall be held. Following the hearing, the hearing officer, as designated by the Director, shall issue written notice of decision to the permit holder or practitioner within 5 working days after the hearing, stating the basis for any suspension or revocation. Such decisions may be appealed to the Board of Appeals in accordance with the San Francisco Charter and the Municipal Code. (Added by Ord. 19-14 , File No. 130402, App. 3/14/2014, Eff. 4/13/2014) SEC. 4013. IMMINENT HEALTH HAZARD. If the Director finds an imminent health hazard, the Director may suspend a body art facility permit and/or body art practitioner registration card, and order the body art facility or the body art practitioner to cease operation until the hazard is corrected. The Director shall issue a written Notice of Violation setting forth the basis for such action, and provide the permit holder or practitioner with the right to a hearing, as set forth in Section 4012, above, except that the hearing may be held at the request of the body art facility permittee or body art practitioner registrant as soon as practicable. (Added by Ord. 19-14 , File No. 130402, App. 3/14/2014, Eff. 4/13/2014) SEC. 4014. VIOLATIONS – PENALTIES. Performing body art without being registered, owning or operating a body art facility without a health permit, or operating a temporary body art booth in violation of the requirements set forth in Section 4008, above, shall be a misdemeanor under state law. Additionally, the Department may assess an administrative penalty of not less than $25 and not more than $1000.00, to be used for the enforcement of this Article 40. (Added by Ord. 19-14 , File No. 130402, App. 3/14/2014, Eff. 4/13/2014) SEC. 4015. RULES AND REGULATIONS. The Director is authorized but not required to issue rules and regulations for the implementation of this Article 40. (Added by Ord. 19-14 , File No. 130402, App. 3/14/2014, Eff. 4/13/2014) SEC. 4016. UNDERTAKING FOR THE GENERAL WELFARE. In enacting and implementing this Article, the City is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury. (Added by Ord. 19-14 , File No. 130402, App. 3/14/2014, Eff. 4/13/2014) SEC. 4017. SEVERABILITY.

If any section, subsection, sentence, clause, phrase, or word of this Article is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Article. The Board of Supervisors hereby declares that it would have adopted this Article, and each and every section, subsection, sentence, clause, phrase, and word not declared invalid or unconstitutional without regard to whether any other portion of this Article would be subsequently declared invalid or unconstitutional. (Added by Ord. 19-14 , File No. 130402, App. 3/14/2014, Eff. 4/13/2014)