San Luis Obispo County Municipal Code Ch. 6.80 Body Art Establishments

It is unlawful for any person or party to conduct business as a body art establishment within the unincorporated areas of the county without first obtaining a license in compliance with the provisions of this title.

This chapter does not apply to a body art establishment that:

(1) Possesses a valid license to perform body art from another California jurisdiction;

(2) Operates for fewer than five consecutive days or fifteen total days per calendar year in the unincorporated areas of the county; and

(3) Has registered with the sheriff and the health officer, providing all information listed in Section 8.08.030, subparagraphs (1)—(9), prior to performing any body art in the unincorporated areas of the county and has renewed this registration annually.

(Ord. No. 3296, § 12, 4-21-15)

As used in this chapter, the words and terms shall have the meanings ascribed to them, unless from the context a different meaning is clearly apparent. The definitions provided in this chapter are in addition to the definitions provided in Chapter 6.04.

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

(2) "Body art establishment," means a fixed place of business where any person engages in, conducts, or performs the business of providing body art or related services.

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

(Ord. No. 3296, § 12, 4-21-15)

Subsections (1) through (10) will be completed in the presence of the tax collector, subsections (11) through (15) will be completed by the sheriff, allowing a thirty day waiting period for the investigation.

Every application for a license to conduct the business of a body art establishment required by this chapter shall be signed by the applicant and shall contain the following:

(1) The name and mailing address of the applicant. If the applicant is a corporation, the name shall be exactly as set forth in its articles of incorporation. If the applicant is a partnership, the name and address of each general partner shall be stated. If one or more of the partners is a corporation, the provisions of this section as to a corporate applicant apply.

(2) The names of all other persons having an interest in the enterprise;

(3) If the applicant is a corporation, the name and mailing address of an officer who is duly authorized to accept the service of legal process;

(4) A brief description of the nature of the business and the services to be rendered;

(5) The place and manner in which the services are to be rendered;

(6) The telephone number of the applicant;

(7) The email address of the applicant;

(8) The name under which the applicant will be doing business;

(9) Each license application shall state that the applicant is aware that failure to require registration of each body art technician with the health officer may result in immediate suspension of the business license and subsequent revocation;

(10) A clear photograph showing the head and shoulders of the applicant, two by three inches in size;

(11) The physical description of the applicant;

(12) Proof that the applicant is at least eighteen years of age;

(13) The fingerprints of the applicant and other evidence as will enable an investigator to properly evaluate the character and business responsibility of the applicant;

(14) A statement as to whether or not the applicant, or any of the persons having an interest in the enterprise, has been convicted of a felony or misdemeanor, and if so, the nature of the offense and the date the sentence, penalty, or other obligation was completed;

(15) A statement as to whether or not the applicant, or any of the persons having an interest in the enterprise, is required to register under the provisions of Section 290 of the California Penal Code.

(Ord. No. 3296, § 12, 4-21-15)

(a) Upon completion of such application, the original shall be submitted to the sheriff, who shall cause the investigation of the applicant's business and moral character to be made, as is deemed necessary for the protection of the public good.

(b) The sheriff shall have an automatic thirty days after receipt, of the application for review, to respond to the tax collector.

(c) In the absence of any response from the sheriff within the time limit specified herein, the tax collector, upon presentation of the receipt from the applicant showing that the time limit has been exceeded, must assume a favorable response by the sheriff, and proceed with the processing of the license application accordingly.

(d) In an extraordinary case, for good cause shown, the tax collector may allow the sheriff more time than is stated in this section to complete its review and recommendation to the tax collector.

(Ord. No. 3296, § 12, 4-21-15)

(a) If, as a result of the investigation, the grounds for denial of a license pursuant to Section 6.08.006 are present, the sheriff shall return a copy of the application, together with a recommendation for denial, to the tax collector, who shall notify the applicant that the application has been denied.

(b) Any person whose application has been denied shall have the right to a hearing and/or appeal as provided under Sections 6.08.170 and 6.08.180 of this title.

(Ord. No. 3296, § 12, 4-21-15)

If, as a result of such investigation, the character and business responsibility of the applicant are found to be satisfactory, the sheriff shall approve the application for the carrying on of the business applied for and send notice of the approval of the application to the tax collector.

(Ord. No. 3296, § 12, 4-21-15)

The application for a body art establishment business license must be presented to the health officer, and the applicant must obtain a health permit, in relation to the business, as a prerequisite to the issuance of a license.

(Ord. No. 3296, § 12, 4-21-15)

(a) Every business license for body art establishment issued shall state:

(1) The name of the person, firm, association, or corporation to which it is issued,

(2) That the license is issued for a body art business,

(3) The location of the body art business,

(4) The date of issuance,

(5) The period of time for which it is issued,

(6) The license fee received, and

(7) The expiration date.

(b) Each license issued shall also state any special restrictions or conditions that may limit the business.

(c) The business license shall be sealed by the tax collector.

(Ord. No. 3296, § 12, 4-21-15)

(a) All licenses issued under this title shall expire as set forth in Section 6.08.030 of this title, and are renewable as set forth in Section 6.08.090.

(b) All renewals of body art establishment licenses shall be conditioned upon proof of completion of annual registration with the county health officer.

(Ord. No. 3296, § 12, 4-21-15)

The owner or operator of a body art business shall display the body art establishment license in a conspicuous place on the premises.

(Ord. No. 3296, § 12, 4-21-15)