Sonoma County Municipal Code Art. V Body Art

It is the purpose and intent of this article to implement the provisions of the Safe Body Art Act (California Health and Safety Code Section 119300 et seq.), which provides standards for the regulations of persons engaged in the business of tattooing, body piercing, and the application of permanent cosmetics.

All definitions, authority, scope, responsibilities, requirements, standards, conditions, exemptions, procedures, and penalties are described within state law. Laws and regulations enacted by the state of California that surpass the requirements of this article, which pertain to health and sanitation of body art, shall take precedence and supersede the provisions of this article.

(Ord. No. 6144, § I, 3-1-2016)

It shall be unlawful for any person to perform body art, as defined in Health and Safety Code Section 119301, without a valid and current registration issued by the department, except as otherwise specified in Health and Safety Code Section 119306. As a condition of registration, the applicant shall provide to the Department all of the evidence required by Health and Safety Code Section 119306(c) and pay a nonrefundable registration fee.

The term of registration shall be one (1) year, from the date of issuance. Body art practitioners shall renew their registration annually, in accordance with Health and Safety Code Section 119306.

(Ord. No. 6144, § I, 3-1-2016)

(a) It shall be unlawful for any person to operate or cause to be operated a body art facility, as defined in Health and Safety Code Section 119301, whether permanent or temporary, which includes mobile facilities, in the county or in any incorporated city in the county, without first obtaining a valid health permit. The term of the permit shall be one (1) year from the date of issuance.

(b) Every applicant for such a permit shall file with the department a written application on a form to be provided by the department. The applicant shall provide all of the evidence required by Health and Safety Code Section 119312(c) and shall be accompanied by such fees as set forth in Section 14-5-050.

(c) It shall be unlawful for any sponsor, as defined in Health and Safety Code Section 119301(x), of a temporary body art facility to organize any event that includes a body art demonstration booth without a valid permit issued by the department. The department will issue a permit only after it has completed an investigation and determined that the body art facility and its method of operation meet the requirements of this article and Health and Safety Code Section 119317.

(d) Applications for proposed temporary body art facilities, which include mobile facilities, shall be filed no later than ten (10) working days prior to the intended commencement of the temporary body art facility. Temporary body art facility permits shall be valid only for the days and hours of operation specified on the application as approved by the department.

(e) A permit or registration issued pursuant to this article is for the exclusive use of the body art practitioner or facility that was issued the permit or registration and may not be transferred.

(Ord. No. 6144, § I, 3-1-2016)

It shall be unlawful for any person to commence construction, reconstruction or alteration of a body art facility or mobile body art facility without first submitting plans, specifications and such other information as may be required to determine compliance with this article and Health and Safety Code Section 119314.

(Ord. No. 6144, § I, 3-1-2016)

(a) Permit fees applicable to this article shall be established by the board of supervisors. The fee shall be calculated so as to recover the reasonable regulatory cost of administration and enforcement of this article, including, for example, issuing a permit, administering the permit program, inspection, investigation, and compliance checks, documentation of violations, late fees for delinquent permits, and enforcement measures, but shall not exceed the cost of the regulatory program authorized by this article. All fees and interest upon proceeds of fees shall be used exclusively to fund administration and enforcement of this article. Fees are nonrefundable except as may be required by law.

(b) Any permit that has not been reissued by the anniversary date, due to failure to submit application and permit fees, shall be deemed delinquent. Any body art facility permit or practitioner registration, which has remained delinquent for thirty (30) days past the anniversary date, shall be subject to a late fee. Additional late fees shall be assessed at sixty (60) days. The amount assessed shall be included in the fee schedule approved by resolution of the board of supervisors.

(c) Conditions requiring additional inspections due to noncompliance with applicable statutes/regulations will incur additional reinspection service fees as provided in the fee schedule in effect at the time of noncompliance.

(Ord. No. 6144, § I, 3-1-2016)

Any body art practitioner, facility or event booth found to be operating without a valid registration or permit is subject to closure and a penalty, which may be up to three (3) times the amount of the permit fee as identified in the current fee resolution adopted by the board of supervisors, as authorized by California Health and Safety Code Sections 119312, 119317, and 119318. Any person who violates any provision of the California Safe Body Art Act, California Health and Safety Code Section 119301 et seq., or accompanying regulations is guilty of a misdemeanor. The enforcement agency may also assess an administrative penalty in an amount not less than twenty-five dollars ($25.00) and not more than one thousand dollars ($1,000.00) for violation of any provision of the California Safe Body Art Act, as set forth in California Health and Safety Code Section 119323.

(Ord. No. 6144, § I, 3-1-2016)