Santa Clara County Municipal Code Art. 2 Restrictions on the Performance of Body Art

Footnotes:

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Editor's note— Sec. 2 of Ord. No. NS-517.82, adopted Feb. 26, 2013, enacted provisions to be designated as §§ B11-510—B11-512. Inasmuch as there already exist sections with those designations, said provisions have been redesignated as §§ B11-502—B11-504. Original ordinance designations have been maintained in the history notes following each section.

The following local general restrictions are in addition to those required by The Safe Body Art Act.

(a) Persons receiving tattooing, branding and/or permanent cosmetics shall be at least 18 years of age. This shall not restrict the activities of a physician and/or surgeon licensed under Chapter 5 of Division 2 of the Business and Professions Code.

(b) Persons under the age of 18 shall not receive body piercing unless the body piercing is performed in the presence of the person's parent or legal guardian following signed written consent of that parent or legal guardian.

(1) This restriction shall not apply to emancipated minors.

(2) Nipple and genital piercing is prohibited on minors regardless of parental or legal guardian consent.

(c) Body art shall not be performed on skin that has rash, pimples, evidence of infection, open lesions, moles, sunburn, past history of herpes infections (also known as cold sores or fever blisters), or manifests any evidence of unhealthy conditions without clearance by a physician and/or surgeon licensed under Chapter 5 of Division 2 of the Business and Professions Code.

(d) Body art shall not be performed on a person who has a medical condition requiring physician-prescribed antibiotic therapy before that person may undergo any invasive procedure (e.g. dental work, Body Art) without clearance from a physician treating that person.

(e) Body art shall not be performed on any person who is reasonably suspected or appears to be impaired by drugs or alcohol or who is incapable of providing informed consent or following aftercare instructions.

(Ord. No. NS-517.82, § 2(B11-510), 2-26-13)

The following local requirements are in addition to those required by The Safe Body Art Act:

(a) Prior to the performance of body art, a client must provide documentation such as a government issued driver's license, passport, original birth certificate, or school identification card to the practitioner or facility owner or operator to verify the client's age. The practitioner, facility owner, or operator shall indicate on the client consent form the type of documentation received by the client and shall verify by signature that all information provided by the client is, to the practitioner's or facility owner's or operator's knowledge, correct. The facility shall retain an original copy of the form used to verify the client's age and shall provide a copy of the form to the client, if requested. Copies shall be retained by the facility for at least three years.

(b) Aftercare instructions shall be reviewed with the client prior to performing the body art. Aftercare instruction shall consist of verbal and written instructions concerning proper care of the affected skin and area. Instructions shall specify:

(1) Responsibilities and care following the body art procedure(s).

(2) Possible side effects specific to the type of procedure(s).

(3) Physical restrictions with an activity timeline.

(4) Signs and symptoms of local or general infection.

(5) Instructions to call a physician if any of the addressed signs and symptoms appears or for any other reason related to the body art procedure.

(6) If physician care is required by the client, instruct the client to notify the body art facility and practitioner of the problem and resolution by a physician or clinic. This information shall be placed in the client's file.

(c) Any person engaging in the practice of body art or any person owning or operating a facility where body art is performed shall show to the Department upon request evidence of The Body Art Act-compliant and Department-approved client consent forms, client history forms, and aftercare instructions which have been signed by the client and practitioner prior to body art application.

(Ord. No. NS-517.82, § 2(B11-511), 2-26-13; Ord. No. NS-300.1002, § 52, 10-21-25)

In addition to complying with permit requirements in this Chapter and The Safe Body Art Act, a body art facility owner shall:

(a) Require and ensure that all individuals within the facility practicing body art are registered and permitted and are in compliance with all health, safety, sanitation, and sterilization standards of this Chapter and The Safe Body Art Act.

(b) Maintain a current list of practitioners providing body art at the facility for review by a Department representative during inspections.

(c) Notify the Department within 30 days when a practitioner leaves or a new practitioner starts working at the facility.

(Ord. No. NS-517.82, § 2(B11-512), 2-26-13; Ord. No. NS-300.1002, § 53, 10-21-25)