Santa Clara County Municipal Code Art. 3 Registration and Permits

Footnotes:

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Editor's note— Sec. 3 of Ord. No. NS-517.82, adopted Feb. 26, 2013, enacted provisions to be designated as §§ B11-520—B11-527. Inasmuch as there already exist sections with those designations, said provisions have been redesignated as §§ B11-505—B11-507.5. Original ordinance designations have been maintained in the history notes following each section.

Any person engaging in the practice of body art shall register with the Department, obtain a practitioner registration card from the Department, and pay annual fees as established by resolution of the Board of Supervisors. Registration shall be made on forms provided by the Director. The registration requirement is in addition to any permit requirement.

(Ord. No. NS-517.82, § 3(B11-520), 2-26-13; Ord. No. NS-300.1002, § 54, 10-21-25)

Any person engaging in the practice of body art shall obtain a practitioner permit from the Department and pay an annual fee established by resolution of the Board of Supervisors. The practitioner's permit or a copy thereof shall be on display at the practitioner's work station or place of business. No person whose practitioner's registration or permit has been suspended or revoked shall continue the practice of body art, unless and until, in the case of suspension, the Director has reinstated the registration and/or permit. If the registration or permit is suspended or revoked, the registration and permit shall be surrendered to the Director upon demand.

Practitioners may only operate at a facility that is approved and permitted by the Department.

At the discretion of the Department, practitioner registrations and permits may not be required for those operating under Section 119306(d) of The Safe Body Art Act. Practitioners shall keep a log or provide other evidence to demonstrate compliance with that section. Failure to demonstrate compliance to the satisfaction of the Department shall subject practitioners to local registration and permitting requirements.

(Ord. No. NS-517.82, § 3(B11-521), 2-26-13; Ord. No. NS-300.1002, § 54, 10-21-25)

Any person owning or operating a body art facility shall obtain a facility permit from the Department and pay an annual facility permit fee established by resolution of the Board of Supervisors. The facility permit shall be on display at the facility at all times. No person whose facility permit has been suspended or revoked shall continue to allow the practice of body art in the facility, unless and until, in the case of suspension, the Director has reinstated the facility permit. If the facility permit is suspended or revoked, the permit shall be surrendered to the Director upon demand.

(Ord. No. NS-517.82, § 3(B11-522), 2-26-13; Ord. No. NS-300.1002, § 54, 10-21-25)

(a) Prior to the issuance of a registration card or a permit, each applicant shall meet minimum registration and permitting requirements as specified in The Safe Body Art Act, Health and Safety Code Section 119300 et seq., as well as the following local requirements:

(1) All registration and permit applicants shall apply with the Department using a form obtained from the Department that includes at a minimum the following: applicant's name, date of birth, mailing address, and all business addresses and business phone numbers within the Department's jurisdiction at which the applicant will perform any activity regulated by these regulations. Applicants shall also provide a current copy of state issued photo identification at the time of application.

(2) Self-certification that:

(i) The registrant has knowledge of, and commitment to meet state law and relevant local regulations pertaining to body art safety, and

(ii) The registrant has acquired adequate knowledge, experience, and training to perform body art, or

(iii) The registrant is training under the supervision of a locally registered and permitted practitioner in a body art facility that is permitted by the Department.

(b) In accordance with The Safe Body Art Act, Health and Safety Code Section 119312(f), a person proposing to construct a body art facility, practice site or mobile practice site, other than a temporary body art event booth, shall submit plans to the Department as prescribed in this Chapter, B11-507.7 through B11-507.13. The plans shall be approved in advance of the issuance of a building, plumbing, or electrical permit. All required corrections shall be made and the body art facility approved to open by the Department before body art can be performed in the facility. Any construction or remodel fees shall be paid prior to plan review and approval.

(Ord. No. NS-517.82, § 3(B11-523), 2-26-13; Ord. No. NS-300.1002, § 54, 10-21-25)

In addition to The Safe Body Art Act, Health and Safety Code Section 119300 et seq., the following temporary facility permit requirements shall apply.

(a) Temporary facility permit(s) may be issued for body art services provided outside of the physical site of a Department-permitted facility for the purposes of product demonstration, industry trade shows, educational reasons, or other Department-approved event. A separate temporary facility permit is required for each demonstration booth, or every 100 square feet of booth space for booths larger than 100 square feet.

(b) Temporary facility permits will not be issued unless:

(1) Application for the temporary facility permit, which includes all required information and documentation shall be submitted for review by the Department at least 30 days prior to the event.

(2) The applicant has paid all required fees.

(c) Each temporary permit shall be posted in a prominent and conspicuous place within each temporary facility so clients can readily observe it.

(Ord. No. NS-517.82, § 3(B11-524), 2-26-13; Ord. No. NS-300.1002, § 54, 10-21-25)

In addition to any temporary facility permit(s), the event sponsor shall obtain a temporary event sponsor permit from the Department and pay a temporary event sponsor fee established by resolution of the Board of Supervisors in accordance with The Safe Body Art Act, Health and Safety Code Section 119318(a).

The event sponsor shall not allow a body art practitioner to perform body art procedures at the event if the body art practitioner does not possess a valid Body Art Practitioner Registration issued by an enforcement agency authorized by The Safe Body Art Act.

(Ord. No. NS-517.82, § 3(B11-525), 2-26-13; Ord. No. NS-300.1002, § 54, 10-21-25)

MSCEP notification shall be in accordance with Health and Safety Code [Section] 119325, et seq.

Fees shall be established by resolution of the Board of Supervisors.

(Ord. No. NS-517.82, § 3(B11-526), 2-26-13; Ord. No. NS-300.1002, § 54, 10-21-25)

Any person operating a vehicle or other mobile facility in accordance with Health and Safety Code Section 119316 where body art is performed shall obtain a mobile facility permit from the Department and pay an annual mobile facility fee established by resolution of the Board of Supervisors. The mobile facility permit shall be on display in the mobile facility at all times.

No person whose mobile facility permit has been suspended or revoked shall continue to allow the practice of body art in the mobile facility, unless and until, in the case of suspension, the Director has reinstated the mobile facility permit. If the mobile facility permit is suspended or revoked, the permit shall be surrendered to the Director upon demand. Mobile facility permits shall only be issued to those mobile units that meet the requirements of Section B11-507.9.

Temporary mobile facility permits will only be issued to operators and practitioners that can provide sufficient evidence to demonstrate compliance with the seven-day in 90-day time limits described in Health and Safety Code Section 119316. Failure to demonstrate compliance to the satisfaction of the Department shall subject the mobile facility to temporary facility permitting requirements of Article 5 of The Safe Body Art Act and Sections B11-507.2 and B11-507.3 of this Chapter.

(Ord. No. NS-517.82, § 3(B11-527), 2-26-13; Ord. No. NS-300.1002, § 51, 10-21-25)