Chapter 7.94 BODY ART ESTABLISHMENTS

Part 1 GENERAL PROVISIONS

7.94.010 Definitions.

7.94.020 Licenses--Required.

7.94.030 Exemptions.

7.94.040 Severability.

Part 2 LICENSING PROCEDURES

Article 1 BODY ART ESTABLISHMENTS

7.94.050 License--Hearing on application required.

7.94.060 Prerequisites to issuance of license.

7.94.070 License nontransferable.

7.94.080 License--Requirements for posting.

Article 2 BODY ART TECHNICIANS

7.94.090 Body art technician license--Information required on application.

7.94.100 Additional prerequisites to licensing.

7.94.110 License nontransferable.

7.94.120 License--Requirements for posting.

Article 3 LIABILITY INSURANCE REQUIRED

7.94.130 Liability insurance--Requirements for body art establishment license.

7.94.140 Liability insurance--Requirements for body art technician license.

Article 4 LICENSE REVOCATION

7.94.150 License--Permitted revocation.

7.94.160 License--Mandatory revocation.

7.94.170 Restrictions on licensing after revocation.

Part 3 OPERATION REQUIREMENTS

7.94.180 Operation requirements generally.

7.94.190 Unregistered body art technicians prohibited.

7.94.200 Body art activity only at licensed body art establishments.

7.94.210 Hours of operation.

7.94.220 Signs required.

7.94.230 Waiting or reception area.

7.94.240 Persons using drugs or alcohol prohibited.

7.94.250 Restricted activities.

7.94.260 Log required.

7.94.270 Manager required on premises.

7.94.280 Interfering with enforcement activities prohibited.

Part 1 GENERAL PROVISIONS

7.94.010 Definitions.

Whenever any word or phrase used in this chapter is defined in state law or regulation or in another section of the Los Angeles County Code, the definition set forth in such state law or regulation or other section of the Los Angeles County Code is incorporated in this chapter as though set forth herein in full, and shall apply to such word or phrase used but not defined herein. (Ord. 99-0039 § 3 (part), 1999.)

7.94.020 Licenses--Required.

A. Except as provided in subsection B of this section, below, every body art establishment shall have a license as provided for in Article 1 of Part 2 of this chapter.
No person shall own or operate a body art establishment or permit the conduct of body art activity at any location unless and until a body art establishment license has been procured pursuant to Article 1 of Part 2 of this chapter, and payment of an annual fee has been made therefor in the amount set forth in Section 7.14.010, under the appropriate heading.
B. Every existing owner of a body art establishment shall comply with the licensing requirements of subsection A of this section, above, within six months of the effective date of the ordinance codified in this chapter.*
C. Within six months of the effective date of this chapter,* every person conducting body art activity shall first procure a license as provided for in article 2 of Part 2 of this chapter and pay an annual license fee in the amount set forth in Section 7.14.010, under the appropriate heading. No person shall conduct body art activity without complying with this licensing requirement. (Ord. 99-0039 § 3 (part), 1999.)
* Editor’s note: Ordinance 99-0039, which enacted Ch. 7.94, is effective on July 1, 1999.

7.94.030 Exemptions.

Notwithstanding Section 7.94.020, individuals meeting each of the requirements set forth in subsection A or B of this section, below, need not procure a license to be authorized to conduct body art activity. Notwithstanding section 7.94.020, if all individuals conducting body art activity at a specific location meet each of the requirements set forth in subsection A or B of this section, below, the license required by Section 7.94.020 A need not be procured.
A. The individual is a physician licensed by the state of California under the Business and Professions Code, Chapter 5 (commencing with Section 2000 of Division 2) who utilizes body art activities as part of patient treatment.
B. The individual engages exclusively in the piercing of the leading edge or earlobe of the ear, and either performs the procedure through the use of an approved ear perforating mechanical device to force the single-use stud or single-use needle through the tissue of the ear, or utilizes a sterile, disposable, single-use stud or single-use solid needle. (Ord. 99-0039 § 3 (part), 1999.)

7.94.040 Severability.

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the remainder of the chapter or the application of such provision to other persons or circumstances shall not be affected thereby. (Ord. 99-0039 § 3 (part), 1999.)

Part 2 LICENSING PROCEDURES

Article 1 BODY ART ESTABLISHMENTS

7.94.050 License--Hearing on application required.

The business license commission shall hold a public hearing on every application for a license required by Section 7.94.020 A or B, and shall give notice of such hearing as required by Sections 7.10.100, 7.10.110, 7.10.120 and 7.10.130. (Ord. 99-0039 § 3 (part), 1999.)

7.94.060 Prerequisites to issuance of license.

A. A license shall not be issued pursuant to this article unless the applicant has a public health facility permit, as required by Sections 11.36.330 A and 11.36.350, and inspections by any appropriate county departments reveal that the establishment complies with each of the minimum requirements of this chapter.
B. A license shall not be issued pursuant to this article unless the applicant has obtained a conditional use permit, if one is required by Title 22 of this code. (Ord. 99-0039 § 3 (part), 1999.)

7.94.070 License nontransferable.

Any license issued pursuant to this article shall be valid only for the body art establishment which is the subject of such license, and is nontransferable. (Ord. 99-0039 § 3 (part), 1999.)

7.94.080 License--Requirements for posting.

Any license issued pursuant this article must be posted and exhibited at all times in an area that is visible to the public and clients of any body art establishment conducting body art activity. (Ord. 99-0039 § 3 (part), 1999.)

Article 2 BODY ART TECHNICIANS

7.94.090 Body art technician license--Information required on application.

In addition to the requirements of Section 7.06.020, an applicant for licensing as a body art technician shall also show:
A. All residential addresses for the five years immediately preceding the date of the application;
B. Written statements of reference of at least three persons who have known the applicant for at least one year;
C. Written proof that the applicant is over the age of 18 years;
D. Applicant’s height, weight and color of eyes and hair;
E. Two portrait photographs at least two inches by two inches;
F. Business, occupation or employment history of the applicant for the five years immediately preceding the date of the application;
G. The license history of the applicant, including but not limited to whether the applicant has had a license for any business or similar activity by this or any other county, by any city, or by the state revoked or suspended, and, if so, the reason or reasons therefor, and the business activity or occupation subsequent to such action or suspension or revocation;
H. All convictions, except for minor traffic violations, and the reasons therefor;
I. A certificate from a medical doctor stating that the applicant has, within 30 days immediately prior to the filing of the application, been examined and found to be free of any contagious or communicable disease;
J. Such other identification and information determined necessary to discover the truth of the matters hereinabove specified as required to be set forth in the application.
Nothing contained herein shall be construed to deny the sheriff the right to take fingerprints and additional photographs of the applicant, nor shall anything contained herein be construed to deny the right of the sheriff to confirm the height or weight of the applicant. (Ord. 99-0039 § 3 (part), 1999.)

7.94.100 Additional prerequisites to licensing.

A license shall not be issued pursuant to this article unless the applicant has a public health operator permit, as required by Sections 11.36.330 B and 11.36.360. The applicant must also demonstrate that he or she is registered with the county health department pursuant to the requirements of Section 11.36.320. (Ord. 99-0039 § 3 (part), 1999.)

7.94.110 License nontransferable.

Any license issued pursuant to this article shall be valid only for the applicant to whom it is issued, and is nontransferable. (Ord. 99-0039 § 3 (part), 1999.)

7.94.120 License--Requirements for posting.

The license issued pursuant this article must be posted and exhibited at all times in an area that is visible to the public and clients of any body art establishment in which the body art technician is conducting body art activity. (Ord. 99-0039 § 3 (part), 1999.)

Article 3 LIABILITY INSURANCE REQUIRED

7.94.130 Liability insurance--Requirements for body art establishment license.

A. No license shall be issued or renewed under Article 1 of this part unless the licensee carries and maintains in full force and effect a policy of insurance which meets or exceeds the requirements of this section, in a form approved by the county of Los Angeles and executed by an insurance company admitted to do business in the state of California.
This policy of insurance shall insure the licensee against liability for damage to property and for injury to or death of any person as a result of activities conducted or occurring at the body art establishment. The minimum liability limits shall not be less than $1,000,000.00 for each incident of damage to property or incident of injury to or death of a person. The policy shall name the county of Los Angeles as an additional insured.
B. The policy of insurance shall contain an endorsement providing that said policy shall not be canceled until notice in writing has been given to the office of the treasurer and tax collector at least 30 days prior to the time the cancellation becomes effective.
C. If at any time the licensee’s policy of insurance expires, the license issued or renewed pursuant to article 1 of this part will automatically be suspended pursuant to Sections 7.08.240 and 7.08.250 of this code. (Ord. 99-0039 § 3 (part), 1999.)

7.94.140 Liability insurance--Requirements for body art technician license.

A. No license shall be issued or renewed under Article 2 of this part unless the licensee carries and maintains in full force and effect a policy of insurance which meets or exceeds the requirements of this section, in a form approved by the county of Los Angeles and executed by an insurance company admitted to do business in the state of California.
This policy of insurance shall insure the licensee against liability for damage to property and for injury to or death of any person as a result of activities conducted by the licensee. The minimum liability limits shall not be less than $1,000,000.00 for each incident of damage to property or incident of injury to or death of a person. The policy shall name the county of Los Angeles as an additional insured.
B. The policy of insurance shall contain an endorsement providing that said policy shall not be canceled until notice in writing has been given to the office of the treasurer and tax collector at least 30 days prior to the time the cancellation becomes effective.
C. If at any time the licensee’s policy of insurance expires, the license issued or renewed pursuant to Article 2 of this part will automatically be suspended pursuant to Sections 7.08.240 and 7.08.250 of this code. (Ord. 99-0039 § 3 (part), 1999.)

Article 4 LICENSE REVOCATION

7.94.150 License--Permitted revocation.

The business license commission may revoke any license issued pursuant to this chapter upon finding, based upon a preponderance of the evidence, under the provisions of this title, that the licensee has violated any provision of Title 7 of the Los Angeles County Code. (Ord. 99-0039 § 3 (part), 1999.)

7.94.160 License--Mandatory revocation.

Notwithstanding any other provision of this code, the commission shall revoke any license issued pursuant to this article upon finding, based upon a preponderance of the evidence, that the licensee has violated any provision of Title 7 of the Los Angeles County Code on two separate occasions within a 12-month period. (Ord. 99-0039 § 3 (part), 1999.)

7.94.170 Restrictions on licensing after revocation.

Whenever a license has been revoked pursuant to Section 7.94.150 or Section 7.94.160, the former licensee, whether a person, partnership or corporation, shall not be eligible to apply for a new license for a period of one year from the effective date of such revocation. No application for a license provided for under Article 1 of this part shall be accepted or processed for any business that has had such a license revoked pursuant to this article within the preceding one-year period. (Ord. 99-0039 § 3 (part), 1999.)

Part 3 OPERATION REQUIREMENTS

7.94.180 Operation requirements generally.

Every establishment for which this chapter requires a license shall be maintained and operated in conformity with each and every provision of this chapter. (Ord. 99-0039 § 3 (part), 1999.)

7.94.190 Unregistered body art technicians prohibited.

No body art establishment shall allow any body art technician to conduct body art activities unless such person has registered with the county health department, received a public health operator permit and procured a license under this chapter. (Ord. 99-0039 § 3 (part), 1999.)

7.94.200 Body art activity only at licensed body art establishments.

No body art technician licensed under this chapter shall conduct any body art activity at any location requiring a license under this chapter unless such license has been issued and is valid. (Ord. 99-0039 § 3 (part), 1999.)

7.94.210 Hours of operation.

No body art establishment required to be licensed under this chapter shall be operated or any body art activity conducted therein outside of the hours specified within any issued conditional use permit. If no conditional use permit is required, the business license commission may specify the permitted hours of operation at the time a license is granted. In such case, no body art establishment so licensed shall be operated or any body art activity conducted therein outside of the hours specified by the business license commission. (Ord. 99-0039 § 3 (part), 1999.)

7.94.220 Signs required.

A recognizable and readable sign which clearly identifies the establishment shall be posted at the main entrance of any body art establishment licensed under this chapter. Such sign shall comply with all other requirements of the Los Angeles County Code and any issued conditional use permit. (Ord. 99-0039 § 3 (part), 1999.)

7.94.230 Waiting or reception area.

Each body art establishment licensed under this chapter, other than a mobile body art establishment as defined in Section 11.36.240 or a temporary body art establishment as defined in Section 11.36.310, shall provide an adequate waiting or reception areas for its clients or visitors, such that no clients or visitors remain outside the waiting or reception area. (Ord. 99-0039 § 3 (part), 1999.)

7.94.240 Persons using drugs or alcohol prohibited.

A person shall not enter, be or remain in any part of a body art establishment licensed under this chapter while in the possession of, consuming or using any alcoholic beverage or illegal drug. The licensee, manager and every supervising employee shall not permit any such person to enter or remain upon the premises. (Ord. 99-0039 § 3 (part), 1999.)

7.94.250 Restricted activities.

No body art activity shall be conducted in violation of the provisions of Section 11.36.540 or 11.36.580. (Ord. 99-0039 § 3 (part), 1999.)

7.94.260 Log required.

Each body art establishment licensed pursuant to this chapter shall maintain a written log containing at least the date and time of service, the body art technician’s name, the recipient/client’s name, the client’s date of birth and a description of the service rendered. Such log shall be maintained for a minimum of three years and shall be recorded in indelible ink. Such log shall be presented to the sheriff immediately upon request. (Ord. 99-0039 § 3 (part), 1999.)

7.94.270 Manager required on premises.

Each body art establishment licensed pursuant to this chapter shall, at all times that such establishment is open, have present and on the premises a manager, as defined in Section 11.36.230. The manager must be familiar with the requirements of this chapter and be capable of communicating the provisions of this chapter to employees and others conducting body art activity at the establishment and all actual or prospective clients of and visitors to the establishment. The manager shall make an effort to immediately identify himself or herself to the sheriff or any other county official entering the body art establishment on official business. In the owner’s absence, the manager shall be authorized to accept on behalf of the owner or any other person licensed pursuant to this chapter any notice issued to such owner or other licensed person pursuant to the provisions of this chapter. (Ord. 99-0039 § 3 (part), 1999.)

7.94.280 Interfering with enforcement activities prohibited.

No person shall refuse, resist or attempt to resist the entrance of the sheriff or any other county official into a body art establishment in the performance of official duty, or shall refuse to obey any lawful order of the sheriff or other county official made in the performance of his or her duties under this code. (Ord. 99-0039 § 3 (part), 1999.)