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HomeMy WebLinkAboutPC RES 4181RESOLUTION NO. 4181 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE TUSTIN CITY COUNCIL APPROVE CODE AMENDMENT 2011-06 (ORDINANCE 1407) AMENDING PART 4 OF CHAPTER 1 OF ARTICLE 4 OF THE TUSTIN CITY CODE REGULATING THE INSPECTION OF BODY ART FACILITIES BY THE ORANGE COUNTY HEALTH CARE AGENCY; AMENDING PART 4 OF CHAPTER 1 OF ARTICLE 3 ADDING DEFINITIONS PERTAINING TO BODY ART; AMENDING PART 5 OF CHAPTER 6 OF ARTICLE 3 PERTAINING TO A BODY ART PERMIT; AND AMENDING SECTION 9232b OF PART 3 OF CHAPTER 2 OF ARTICLE 9 TO PERMIT BODY ART FACILITIES. The Planning Commission of the City of Tustin hereby finds and determines as follows: A. That the proposed amendment to the Tustin City Code is necessary to: 1) enable the inspection and regulation of body art facilities within the City of Tustin by the Orange County Health Care Agency and the City of Tustin; 2) establish a body art permit for body art practitioners; and 3) permit body art facilities subject to operational requirements necessary and appropriate to protect the health and safety of body art facilities. B. That permanent cosmetics facilities are currently the only type of body art facility permitted and regulated within the City of Tustin. Other types of body art facilities include tattoo establishments and body piercing facilities. C. That tattoo establishments and body piercing facilities are not listed as permitted uses in the Tustin Zoning Code, and the Tustin City Code contains no specific provisions regulating the location, development, or operational characteristics of establishments where tattoos or body piercings are placed on individuals. D. That in a recent case, Anderson v. City of Hermosa Beach, the Ninth Circuit Court of Appeals ruled that the City of Hermosa Beach's total prohibition on the establishment and operation of tattoo parlors within the city was unconstitutional, and that cities may only impose reasonable "time, place, and manner" regulations on such activities. The Ninth Circuit held that a tattoo, the process of tattooing, and the business of tattooing are pure forms of expression fully protected by the First Amendment to the United States Constitution, and that the City of Hermosa Beach's total ban on tattoo parlors was not a reasonable "time, place, or manner" restriction. Resolution No. 4181 CA 2011-06 Page 2 The Ninth Circuit's decision calls into question the effectiveness of the Tustin City Code in regulating the act and/or business of tattooing and addressing land uses related to tattooing. E. That tattooing is an activity that, if undertaken in unsanitary conditions, can lead to the transmission of infectious diseases, including hepatitis, syphilis, tuberculosis, and HIV. Based upon the experience of other cities, it is reasonable to conclude that similar negative effects could occur in the City of Tustin as a result of the establishment or operation of tattoo establishments that do not meet minimum sterilization, sanitation, and safety standards. F. That the City has received inquiries regarding the permitting and establishment of tattoo establishments within the City. The issuance or approval of any business license, permit or other entitlement for the establishment or operation of tattoo establishments is a threat to the public health, safety, and welfare in that there currently are no specific standards or regulations in the Tustin City Code that comprehensively address the potential negative effects associated with the location and operation of such facilities. Absent reasonable time, place, and manner regulations governing tattoo establishments, such uses could be established in areas of the City where they are inconsistent and/or incompatible with the surrounding land uses and/or operated under unsanitary conditions, thereby increasing the risk of transmission of infectious diseases. G. That the proposed amendment will establish body art facilities, including body piercing, tattooing, or the application of permanent cosmetics, as a permitted use within the City of Tustin Retail Commercial (C-1), Central Commercial (C-2), Heavy Commercial (C-3), and Commercial General (CG) Zoning Districts, subject to operational requirements, and establish that all body art practitioners practicing at such facilities shall be licensed as further described herein. H. That on March 20, 2007, the Tustin City Council adopted Ordinance No. 1324 to enable the inspection and regulation of permanent cosmetics facilities within the Gity of Tustin by the Orange County Health Department. That on February 1, 2011, the Tustin City Council adopted Interim Urgency Ordinance No. 1392 relating to the establishment or operation of tattoo establishments. J. That on March 1, 2011, the Tustin City Council adopted Interim Urgency Ordinance No. 1396, which extended Interim Urgency Ordinance No. 1393 for an additional period of ten (10) months and fifteen (15) days. Resolution No. 4181 CA 2011-06 Page 3 K. That the proposed amendment is not subject to the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) (Title 14, of the California Code of Regulations) because it has no potential for resulting in physical change to the environment, directly or indirectly; it prevents changes in the environment by requiring the approval of body art permits for body art practitioners and imposing operational conditions on body art facilities. ~. That on September 13, 2011, a public hearing was duly noticed and called by the Tustin Planning Commission on Code Amendment 2011-06 (Ordinance No. 1407). M. That the Tustin Planning Commission continued the public hearing to September 27, 2011. N. That on September 27, 2011, a public hearing was duly noticed, called and held by the Tustin Planning Commission on Code Amendment 2011-06 (Ordinance No. 1407). O. That the proposed amendments are consistent with the City of Tustin General Plan and comply with Goal 4 of the Public Safety Element to reduce the risk to the community's inhabitants from exposure to hazardous materials and wastes. II. The Planning Commission hereby recommends that the City Council adopt Ordinance No. 1407 approving Code Amendment 2011-06 attached hereto as Exhibit A, regarding body art facilities. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission held on the 11th day of October, 2011. JE~F~R. THOMPSON Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Resolution No. 4181 CA 2p11-p6 Page 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) 1, ELIZABETH A. BINSACK, the undersigned, hereby certify that 1 am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 4181 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 11t" day of October, 2011. E~IZRBETH A. BINSACK Planning Commission Secretary ORDINANCE NO. 1407 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, AMENDING PART 4 OF CHAPTER 1 OF ARTICLE 4 OF THE TUSTIN CITY CODE REGULATING THE INSPECTION OF BODY ART FACILITIES BY THE ORANGE COUNTY HEALTH CARE AGENCY; AMENDING PART 4 OF CHAPTER 1 OF ARTICLE 3 ADDING DEFINITIONS PERTAINING TO BODY ART; AMENDING PART 5 OF CHAPTER 6 OF ARTICLE 3 PERTAINING TO A BODY ART PERMIT; AND AMENDING SECTION 9232b OF PART 3 OF CHAPTER 2 OF ARTICLE 9 TO PERMIT BODY ART FACILITIES. The City Council of the City of Tustin hereby ordains as follows: Section I. The City Council finds and determines as follows: A. That the proposed amendment to the Tustin City Code is necessary ta: 1) enable the inspection and regulation of body art facilities within the City of Tustin by the Orange County Health Care Agency and the C~ of Tustin; 2) establish a body art permit for body art practitioners; and 3) permit body art facilities subject to operational requirements necessary and appropriate to protect the health and safety of body art facilities. B. That permanent cosmetics facilities are currently the only type of body art facility permitted and regulated within the City of Tustin. Other types of body art facilities include tattoo establishments and body piercing facilities. C. Tattoo establishments and body piercing facilities are not listed as permitted uses in the Tustin Zoning Code, and the Tustin City Code contains no specific provisions regulating the location, development, or operational characteristics of establishments where tattoos or body piercings are placed on individuals. D. In a recent case, Anderson v. City of Hermosa Beach, the Ninth Circuit Court of Appeals ruled that the City of Hermosa Beach's total prohibition on the establishment and operation of tattoo parlors within the city was unconstitutional, and that cities may only impose reasonable "time, place, and manner" regulations on such activities. The Ninth Circuit held that a tattoo, the process of tattooing, and the business of tattooing are pure forms of expression fully protected by the First Amendment to the United States Constitution, and that the City of Hermosa Beach's total ban on tattoo parlors was not a reasonable "time, place, or manner" restriction. The Ninth Circuit's decision calls into question the effectiveness of the Tustin City Code in regulating the act and/or business of tattooing and addressing land uses related to tattooing. 777346.3 Ordinance No. 1407 Page 2 E. Tattooing is an activity that, if undertaken in unsanitary conditions, can lead to the transmission of infectious diseases, including hepatitis, syphilis, tuberculosis, and HIV. Based upon the experience of other cities, it is reasonable to conclude that similar negative effects could occur in the City of Tustin as a result of the establishment or operation of tattoo establishments that do not meet minimum sterilization, sanitation, and safety standards. F. The City has received inquiries regarding the permitting and establishment of tattoo establishments within the City. The issuance or approval of any business license, permit or other entitlement for the establishment or operation of tattoo establishments is a threat to the public health, safety, and welfare in that there currently are no specific standards or regulations in the Tustin City Code that comprehensively address the potential negative effects associated with the location and operation of such facilities. Absent reasonable time, place, and manner regulations governing tattoo establishments, such uses could be established in areas of the City where they are inconsistent and/or incompatible with the surrounding land uses and/or operated under unsanitary conditions, thereby increasing the risk of transmission of infectious diseases. G. The City has completed a study, which is incorporated in the City Council Report dated October 4, 2011, regarding appropriate operational requirements necessary to protect the public health, safety, and welfare of the community and employees of body art facilities from impacts associated with the operation of body art establishments. H. That the proposed amendment will establish body art facilities, including body piercing, tattooing, or the application of permanent cosmetics, as a permitted use within the City of Tustin Retail Commercial (C-1), Central Commercial (C-2), Heavy Commercial (C- 3), and Commercial General (CG) Zoning Districts, subject to operational requirements established below, and establish that all body art practitioners practicing at such facilities shall be licensed as required herein That on March 20, 2007, the Tustin City Council adopted Ordinance No. 1324 to enable the inspection and regulation of permanent cosmetics facilities within the City of Tustin by the Orange County Health Department. J. That on February 1, 2011, the Tustin City Council adopted Interim Urgency Ordinance No. 1392 relating to the establishment or operation of tattoo establishments. K. That on March 1, 2011, the Tustin City Council adopted Interim Urgency Ordinance No. 1396, which extended Interim Urgency Ordinance No. 1393 for an additional period of ten (10) months and fifteen (15) days. 777346.3 Ordinance No. 1407 Page 3 Section II PART 4 L. That the proposed amendment is not subject to the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c}(3} (the activity is not a project as defined in Section 15378) (Title 14, of the California Code of Regulations) because it has no potential for resulting in physical change to the environment, directly or indirectly; it prevents changes in the environment by requiring the approval of body art permits for body art practitioners and imposing operational conditions on body art facilities. M. That on September 27, 2011, the Tustin Planning Commission held a public hearing on proposed Code Amendment 2011-006 and adopted Resolution No. 4181 recommending that the Tustin City Council approve Code Amendment 2011-006, subject to confirmation b Planning Commission as part of the Consent Calendar on October 11, 2011 . N. That on November18, 2011, a public hearing was duly noticed, called, and held before the City Council concerning Code Amendment 2011-006. O. That the proposed amendments are consistent with the City of Tustin General Plan and comply with Goal 4 of the Public Safety Element to reduce the risk to the community's inhabitants from exposure to hazardous materials and wastes. Part 4 of Chapter 1 of Article 4 is hereby amended to read as follows: BODY ART FACILITIES 4140.010 DEFINITIONS 4140.020 EXPOSURE CONTROL TRAINING 4140.030 INFECTION PREVENTION AND CONTROL PLAN 4140.040 BODY ART FACILITIES 4140.050 PREEMPTION 4140.060 CLEANING, STERILIZATION, AND HOUSEKEEPING 4140.070 EQUIPMENT PURCHASED PRE-STERILIZED 4140.080 CLIENTS 4140.090 PRACTITIONER 4140.100 SKIN PREPARATION 4140.110 TATTOO AND PERMANENT COSMETIC APPLICATION 4140.120 BODY PIERCING 4140.130 SHRRPS DISPOSAL 4140.140 TEMPORARY BODY ART FACILITIES 4140.150 MOBILE BODY ART FACILITIES 4140.160 ENFORCEMENT AUTHORITY 4140.170 REGISTRATION 4140.180 PERMIT AND FEE REQUIREMENTS 4140.190 PENALTIES 4140.200 PERMIT SUSPENSION OR REVOCATION 4140.210 HOURS OF OPERATION 777346.3 Ordinance No. 1407 Page 4 4140.220 MANAGEMENT OF OPERATIONS 4140.230 NUISANCE 4140.010 DEFINITIONS As used in this Chapter, unless the context otherwise requires, the following terms shall have the meanings ascribed to them respectively: (a) "Antiseptic" means a liquid orsemi-liquid substance that is approved by the U.S. Food and Drug Administration, as indicated on the label, to reduce the number of microorganisms present on the skin and on mucosal surfaces. (b) "Bloodborne pathogen(s)" means disease causing microorganisms that, when present in the blood, can be transmitted to humans. These microorganisms include, but are not limited to, Hepatitis B Virus (HBV), Hepatitis C Virus (HCV) and Human Immunodeficiency Virus (HIV). (c) "Body art" means the practice of physical body adornment including, but not limited to, the fallowing techniques: body piercing, tattooing or application of permanent cosmetics. (d) "Body art facility" means the area within a building or other location in which a practitioner performs body piercing, tattooing or application of permanent cosmetics, including the preparation and procedure area, as defined in this Chapter. (e) "Body piercing" means the creation of an opening in the human body for the purpose of inserting jewelry or decorative objects. This includes, but is not limited to, piercing of an ear, lip, tongue, nose, belly button, cheek, forehead or eyebrow. Body piercing does not, for the purpose of this Chapter, include piercing the leading edge or earlobe of the ear with a sterile, disposable, single-use stud or solid needle that is applied using a mechanical device to force the needle or stud through the ear. (f) "Client" means any individual who receives a body piercing, tattoo or application of permanent cosmetics from a practitioner as defined in this Chapter. (g) "Disinfectant" means a product that is approved by the U.S. Environmental Protection Agency, as indicated on the label, to reduce or eliminate the presence of disease causing microorganisms. (h) "Health Officer" means the Orange County Health Officer or designee. (i) "Instrument" means any tattooing, body piercing or permanent cosmetics equipment or device that comes into contact with intact skin, non-intact skin, or mucosal surfaces. Such equipment includes, but is not limited to, needles, needle bars, needle tubes, forceps, hemostats, tweezers, razors, razor blades, or other tools and devices used to insert pigment or pierce the skin or mucosal surfaces of the human body. Such equipment also includes studs, hoops, rings or other decorative jewelry, materials or apparatuses inserted into any part of the body for the intended purpose of placement in a hole resulting from the piercing. 777346.3 Ordinance No. 1407 Page 5 (j) "Permanent cosmetics" means the application of pigments inserted into or under the surface of human skin for the purpose of permanently changing the color or appearance of the skin. This includes, but is not limited to, permanent eyeliner, eye shadow, or lip color. (k) "Permanent cosmetics facility" means the area within a building in which a practitioner performs the application of permanent cosmetics, including the preparation and procedure area, as defined in this Chapter. (I) "Practitioner" means an individual who performs tattooing, body piercing, or who applies permanent cosmetics as defined in this Chapter. (m) "Preparation Area" means a room or a designated portion of a room that is used to clean and sterilize reusable instruments that are used for tattooing, body piercing, or permanent cosmetics. (n) "Procedure area" means a room or a designated portion of a room where tattooing, body piercing or the application of permanent cosmetics is performed. (o) "Proprietor" means the person having general control and management over the conduct of business at a body art facility, or the person operating such establishment, whether or not such person is the legal owner of the premises or the business. (p) "Purchased pre-sterilized equipment" means any individually packaged, single-use instruments, devices and/or needles that are obtained after processing to render them free of all microbial life forms. Each package shall have the manufacturer's processing identification number and date of expiration. - (q) "Sharps waste" means any instrument or object, including but not limited to needles or razor blades, that has been used to penetrate the skin or mucosa to perform tattooing, body piercing or the application of permanent cosmetics, or otherwise contaminated by coming into contact with blood or surfaces that have not been disinfected or sterilized. (r) "Sterilization" means the complete destruction of all microbial life forms including spores. Sterilization includes the use of an appropriate and approved method of testing so as to ensure sterilization. (s) "Tattooing" means to pierce or puncture the human skin with a needle or other instrument for the purpose of the application of pigments or the inserting of pigment under the surface of the skin; the application of pigments or inks inserted into or under the skin for the purpose of producing a mark or by production of scars. 4140.020 EXPOSURE CONTROL TRAINING (a) Prior to registration as a body art practitioner with the Orange County Health Care Agency, all body art practitioners shall complete and submit proof of completion to the Health Officer fy, of an Exposure Control Training Program that meets or exceeds the requirements of this Chapter. 777346.3 Ordinance No. 1407 Page 6 (b) The person conducting the training shall be knowledgeable in the subject matter covered by the elements defined in section 4140.020(d). (c) The organization providing the Exposure Control Training shall provide appropriate written training materials to each trainee. (d) The content of the Exposure Control Training Program shall include: (1) California Occupational Safety and Health Administration Bloodborne Pathogens Standard and other applicable standards and regulations with pertinent explanations. (2) The causes, control, and symptoms of the diseases caused by bloodborne pathogens. (3) The modes of transmission of bloodborne pathogens. (4) A discussion of risks involved in the application of body art and how they may lead to exposure to bloodborne pathogens for the client or body art practitioner. (5) The use of personal protective equipment such as disposable gloves and an explanation of the limitations of the equipment. (6) The importance of hand washing and a demonstration of the hand washing process as described in Section 4140.090. (7) The types, proper technique and order of tasks before and after putting on and removing gloves to avoid cross-contamination. (8) Activities that compromise a disinfected work area, a sterile procedure site, inks and pigments, sterile instruments and disinfected skin area. (9) Choosing, using and storing disinfectants and antiseptics. (10) Signs required for contaminated materials and the importance of labeling chemicals and supplies. (11) Information on Hepatitis B vaccine, including its efficacy, safety and method of administration. (12) What constitutes a bloodborne pathogen exposure incident, including: a. How the exposure occurred and what actions are to be taken to prevent or minimize future exposures. b. Risk of infection following a bloodborne pathogen exposure incident. c. Procedures to be followed after an exposure incident, including medical follow-up. d. Opportunity for interactive questions and answers with the instructor. '777346.3 Ordinance No. 1407 Page 7 4140.030 INFECTION PREVENTION AND CONTROL PLAN (a} Each proprietor shall establish, maintain and follow, at each body art facility, a written Infection Prevention and Control Plan. (b) The Infection Prevention and Control Plan shall include, at a minimum, the following: (1) Procedures for cleaning and disinfection of surfaces in the preparation and procedure areas. (2) Procedures for maintaining the sterility or integrity of instruments, equipment and other material used during tattooing, body piercing, or permanent cosmetics. (3) Procedures for cleaning, packaging, sterilizing, and storing reusable instruments, and equipment. (4) Procedures for safe handling and disposal of sharps waste. (5) Inventory (names, manufacturers, container size) of all chemicals and disinfectants and their intended use. (c) The Infection Prevention and Control Plan shall be revised by the proprietor whenever changes in practices or procedures are made. within thirty {30} days. of a change in practices or procedures. (d) The proprietor shall be responsible for ensuring that the Infection Prevention and Control Plan is followed. 4140.040 BODY ART FACILITIES (a) The health permit shall be posted in a conspicuous place in the lobby of the body art facility. (b) Body art facilities shall not be used as a food establishment, for human habitation or any other use which may cause contamination of instruments or equipment used for body art activities. (c) The floors, furnishings and equipment of body art facilities shall be kept clean and sanitary at all times during business hours. (d) Adequate lighting and ventilation shall be provided in the preparation and procedure areas. (e) Adequate toilet facilities, as required by the Tustin Gity Code shall be available. Toilet rooms and bathrooms shall not be used for the storage of instruments, or other supplies used for body art activities, and shall be kept clean and sanitary at all times. (f) Rooms used for tattooing, body piercing or permanent cosmetic procedures shall be separated by a wall or partition from those areas used for nail, hair and other activities. 777346.3 Ordinance No. 1407 Page 8 (g) All sinks shall be supplied with hot (110°F minimum) and cold running water. (h) A sink that is readily accessible to the body art practitioner shall be provided and equipped with liquid soap and single use paper towels dispensed from wall-mounted dispensers that protect the supply from contamination. (i) Pets or other animals shall not be allowed in the body art facility, except for trained guide or assistance animals for the disabled. Na trained guide or assistance animal shall be allowed in the procedure ar preparation area. (j) No person shall utilize or maintain in a body art facility equipment that does not comply with the requirements of this Chapter. (k) The proprietor shall maintain the body art facility and the general premises under the control of the proprietor in a clean and sanitary manner. (I) All solid surfaces and objects in the procedure area and preparation area shall be immediately cleaned and disinfected after each use with an appropriate bleach solution or other disinfectant-1:k~at . Manufacturer's instructions for concentration, contact time, and disposal requirements for all disinfectants must be observed. (m}The practitioner shall wear disposable gloves on both hands when touching, cleaning or handling a surface or object soiled or potentially sailed with blood. Disposable gloves worn by the body art practitioner shall be promptly removed, and hands immediately washed whenever the practitioner leaves a procedure or preparation area. (n) Each procedure and preparation area shall have waste receptacles, which are lined with plastic bags manufactured for use in waste containers that fold over the top margin of the waste container. 4140.050 PREEMPTION The provisions of this Chapter are intended to supplement applicable state law and to be in addition to, and not in conflict with such laws. Each provision shall remain in effect until the enactment of state laws or the promulgation of state regulations that conflict with or otherwise preempt the authority of the County of Orange or the City of Tustin to control the conduct described in this Chapter. 4140.060 CLEANING, STERILIZATION, AND HOUSEKEEPING (a) Instruments that pierce the skin or touch non-intact skin that will be reused shall be cleaned, packaged in appropriately labeled sterilizer pouches and sterilized prior to reuse. (b) Used instruments that will be sterilized and reused shall be transported dry and then placed in a container of r~lea~---water until cleaned and sterilized. Used instruments must be kept physically separated from sterilized or unused disposable instruments. Disposable instruments must be disposed of directly into a sharps container or into 7173463 Ordinance No. 1407 Page 9 the appropriate trash receptacle after use and shah be disposed of as required herein. (c) Ultrasonic cleaners; i~-d; shall be available, maintained and operated according to manufacturer's instructions. {e-}(d} Clean instruments to be sterilized shall be first placed in sterilizer pouches that contain either a sterilizer indicator or internal temperature indicator. Each pack shall contain instruments for not more than one client. The outside of the pack shall be labeled with the name of the instrument, date sterilized and initials of the person operating the equipment. {~}}~e~ Instruments must be repackaged and re-sterilized if the pouch is torn or otherwise compromised, if the indicator shows that adequate temperature was not reached or if the item is not used within 6 months of the date of sterilization. {-g}(f} _Sterilized instruments must be maintained and stored in sterilized pouches until use. ¢#~ c~ Sterilizers shall be operated according to manufacturer's instructions. If manufacturer's instructions cannot be obtained, steam sterilization shall be accomplished in an autoclave with at least 15 pounds of pressure per square inch at a temperature of 250 degrees Fahrenheit for at least 30 minutes or as instructed by the local Health Officer should the standards for sterilization change from time to time. ~ (+}~) Liquid sterilants shall not be used to sterilize instruments. ~}{i) Sterilized instruments shall be placed in clean, dry, labeled containers or stared in a labeled cabinet that is protected from dust and water contamination. {-k-}~,_____~Sterilization equipment shall meet the following requirements: (1) Only sterilizers intended for medical instruments shall be used. Sterilization equipment shall be cleaned, and maintained according to manufacturer's instructions. (2) Sterilization equipment shall be tested after the initial installation, after any major repair, and at the frequency recommended by the manufacturer. If no manufacturer's recommendation can be found, then the unit shall be tested at least weekly utilizing a biological monitoring system appropriate for the sterilizer type. (3) Biological indicator test results shall be maintained on site and available for review for a period of two years subsequent to the date of the results. (I) A written log of each sterilization cycle shall be maintained on-site and available for review for a period of two years, and shall include the following information: 777346.3 Ordinance No. 1407 Page 10 (1) Date of load. (2) The contents of the load. (3) The exposure time and temperature. (4} The results of the chemical indicator. 4140.070 EQUIPMENT PURCHASED PRE-STERILIZED (a) A practitioner using only purchased, disposable, single use and pre-sterilized instruments shall not be required to have sterilization equipment. (b) Invoices for the purchase of all pre-sterilized instruments must be maintained onsite and available for review for a period of two years after purchase. Required invoices include but are not limited to combo couplers, needle chambers, barrels, casings, tips and needles. 4140.080 CLIENTS (a) No body art procedure shall be performed on skin surface areas containing any rash, pimples, boils, or infection or otherwise manifesting any evidence of unhealthy conditions including but not limited to any evidence of inflammation, such as redness, swelling, infection, or open or draining lesions. (b) Prior to receiving a tattoo, body piercing or permanent cosmetics, the client shall read, sign and receive a copy of an informed consent form and post-procedure instructions appropriate to the procedure. (c) A copy of the signed informed consent form and post procedure instructions for all body art procedures must be maintained onsite and available for review for a period of two years after the procedure is performed. (d) The consent form and post-procedure instructions shall include at a minimum, the following: (1) Record of information from the client's picture identification showing the name, date of birth, gender, address of client, and driver's license or identification card number. (2) A summary, including the date, location and description of the procedure. (3) What to expect following the procedure, including any medical complications that may occur as a result of the procedure. (4) A statement regarding the permanent nature of body piercing, tattooing or permanent cosmetics. (5) A questionnaire regarding a client history of herpes, diabetes, allergic reactions to latex or antibiotics, hemophilia or any other bleeding disorder or the use of 777346.3 Ordinance No. 1407 Page 11 anticoagulants, which may prevent the healing of the site where the tattoo or permanent cosmetics were applied, and of cardiac valve disease or of being prescribed antibiotics prior to dental or surgical procedures. (6) Post-procedure instructions on the care of the site of the tattoo, body piercing, or permanent cosmetics. (7) Post-procedure restrictions on activities such as bathing, swimming, gardening or contact with animals. (8) Information regarding signs and symptoms of infection and to immediately consult a physician if any of the listed signs and symptoms of infection occur. 4140.090 PRACTITIONER (a) No body art operation shall be performed unless the practitioner is free of pustular skin lesions and any communicable diseases that could be transmitted in the normal practice of body art. (b) No practitioner shall eat, drink or smoke while performing a body art procedure. (c) No practitioner shall perform a body art procedure with unclean hands. For purposes of this section, hands shall not be considered clean unless they have been thoroughly washed with soap from a single service dispenser and warm water vigorously rubbing all surfaces of lathered hands for at least ten (10) seconds, followed by thorough rinsing under a stream of water. Hands shall be dried using single service towels from a sanitary dispenser or hot air blower. Practitioners shall wear new, disposable exam gloves for every client during the procedure. Gloves shall be discarded between each client, and hands shall be washed each time gloves are changed. If a glove is pierced, torn, or contaminated by coming into contact with any other person, or contaminated surface, both gloves shall be removed and discarded. A single pair of gloves shall not be used on more than one person. 4140.100 SKIN PREPARATION No body art operation shall be performed unless the skin is adequately prepared prior to the operation. For purposes of this section, skin shall be considered properly prepared if it is thoroughly cleaned with an antiseptic according to manufacturer's instructions. If necessary, the skin shall be shaved with a new, single use disposable razor. 4140.110 TATTOO AND PERMANENT COSMETICS APPLICATION (a) All inks, pigments, petroleum jellies, soaps, and other reusable products used in a procedure shall be dispensed from containers in a manner to prevent contamination of the original container and its contents. (b) Pigments shall be placed into clean single use cups or caps that shall be disposed of immediately in an appropriate waste receptacle upon completion of the procedure. (c) On__ ly_ single-use rinse cups shall be used with procedures and then shall be disposed of immediately upon completion of the procedure. 777346.3 Ordinance Na. 1407 Page 12 { }c~(d} All inks, dyes or pigments used shall be commercially manufactured for the procedure and shall be used according to manufacturer's instructions. {a}te) All products applied to the skin including stencils shall be single use and disposed into a waste receptacle after the procedure. ~-}(f} __Needles and needle bars shall be sterilized prior to tattooing or application of permanent cosmetics or shall be purchased pre-sterilized. Needles shall be used only once and then disposed of. in a sharps container. ¢~}(g} __If a rotary pen, or traditional coil machine that reuses components is used, then the use of sterilization equipment shall be required for sterilization of the reusable parts that make contact with the client or blood. {-i-}(h) All rotary pens and other devices used to apply pigments must be designed and used to prevent backflow of pigments into the machine. 4140.120 BODY PIERCING (a) All jewelry or other objects to be placed in newly pierced skin shall be sterilized, or purchased pre-sterilized, be in good condition, and be designed and manufactured for insertion into the intended body part. (b) Only jewelry or other objects made of implant grade stainless steel, solid 14K through 24K gold, niobium, titanium, platinum or other materials determined to be equally bio- compatible shall be placed in newly pierced skin. 4140.130 SHARPS DISPOSAL (a) Each procedure area shall have a container far the disposal of sharps (needles, razor blades, etc.} waste that is rigid, puncture resistant, leak proof and that is closeable and sealable so that when sealed, the container cannot be reopened without great difficulty. The container must be labeled with the words °'sharps waste" or with the international biohazard symbol and the word "BIOHAZARD." (b) All sharps waste produced during the process of tattooing, body piercing and permanent cosmetics shall be disposed of by one of the following methods: (1) Steam sterilized on-site and disposed of as solid waste. If this method is utilized, a chemical indicator strip or tape that indicates that the container has been treated must be affixed prior to sterilization, and shall stay affixed to the container when it is disposed. 777346.3 Ordinance IVo. 1407 Page 13 (2) Treated on-site by a method approved by the Health Officer, and disposed of as solid waste. {3) Removal and disposal through use of a Registered Medical Waste Hauler in accordance with the provisions of the California Medical Waste Management Act. Tracking documents must be maintained on-site and be available for review for a period of two years from the date of removal from the body art facility. 4140.140 TEMPORARY BODY ART FACILITIES Temporary body art facilities shall be prohibited in the City of Tustin. 4140.150 MOBILE BODY ART FACILITIES Mobile body art facilities shall be prohibited in the City of Tustin. 4140.160 ENFORCEMENT AUTHORITY The Health Officer or his or her designee is charged with the enforcement of this Chapter, except for Sections 4140.210, 4140.220 and 4140.230. The City of Tustin Police Department and the City of Tustin Code Enforcement Officer are also authorized to enforce this ordinance. The Health Officer may, during the establishment's hours of operation and other reasonable times, enter, inspect, search and secure samples, photographs, or other evidence from any body art facility, or any location suspected of being a body art facility, for the purpose of enforcing this Chapter. It is a violation of this Chapter for any person to refuse to permit entry or inspection, the taking of samples or other evidence, or access to the facility in order to copy any record as authorized by this Chapter, or to conceal any samples or evidence, or withhold evidence concerning them. A written report of the inspection shall be made and a copy shall be supplied or mailed to the proprietor or practitioner of the body art facility. 4140.170 REGISTRATION (a) Every practitioner as defined in this Chapter shall register with the e-G Health Officer gen~y-and shall have on display so as to be readily visible to the public proof that shows that the practitioner has registered, as specified in Health and Safety Code Section 119303. (b) Registration of all practitioners is required every three years. 4140.180 PERMIT AND FEE REQUIREMENTS A body art facility shall not be open for business without: (1) at least one valid body art permit issued by the Director of Community Development to a practitioner practicing body art at that location during operating hours, (2) a valid City business license, and (3) a valid County health permit. The Health Officer shall issue a health permit when inspection has determined that the proposed body art facility and its method of operation will conform to the requirements of this Chapter. A health permit, once issued, is nontransferable. Ahealth permit shall be valid only for the proprietor and location approved. The Orange County Board of Supervisors shall adopt fees for the health permit, practitioner registration, and related 777346.3 Ordinance No. 1407 Page 14 services. Fees shall be sufficient to cover the actual expenses of administering and enforcing this program. 4140.190 PENALTIES Violation of any section of this Chapter by the proprietor or practitioner shall constitute a misdemeanor and upon conviction thereof shall be punishable by a fine not to exceed one thousand dollars ($1,000.00) per day per violation or by imprisonment in the county jail for a term not exceeding six (6) months, or both such fine and imprisonment. Each day the violation continues and is not corrected shall be a treated as a separate and distinct violation. 4140.200 PERMIT SUSPENSION OR REVOCATION (a) Whenever the Health Officer finds that a body art facility is not in compliance with the requirements of this Chapter, a written inspection notice shall be issued to the proprietor. If the proprietor fails to comply within the noted timeframe, the Health Officer shall issue to the proprietor, a notice of violation setting forth the acts or omissions with which the proprietor is charged. Failure to comply with the Notice of Violation within the noted timeframe may result in health permit suspension. (b) If any immediate danger to the public health or safety is found, unless the danger is immediately corrected, the Health Officer may temporarily suspend the permit and order the body art facility immediately closed. Immediate danger means any condition, based upon inspection findings or other evidence that may cause disease transmission, including, but not limited to: (1) Unclean or unsanitary floors furnishings toilet facilities and equipment of the body art facility (2) Inadequate sterilization of equipment; (3) Lack of appropriate disposal receptacles and methods; (4) Sewage contamination; (5) Lack of potable water supply; (6) Or any other condition, which in the opinion of the Health Officer, causes immediate danger to public health and safety and requires temporary suspension as noted above. (c) Whenever a health permit is suspended as the result of an immediate danger to the public health or safety, the Health Officer shall issue to the proprietor a notice setting forth the acts or omissions with which the proprietor is charged. (d) Any body art facility for which the health permit has been suspended shall close and remain closed until the health permit has been reinstated. 777346.3 Ordinance No. 1407 Page 15 (e) Where grounds for denial, suspension, non-renewal or revocation of a health permit exist, the Orange County Sheriff, Health Officer or Code Enforcement Officer shall serve the applicant or permit holder with a notice which shall state the reasons for the proposed action, the effective date of the action, and of the right to appeal the action. (f) Appeal shall be made by filing a written notice of appeal setting out the action appealed from, the grounds of the appeal and the facts upon which the appeal is based. The notice of appeal shall be filed with the Clerk of the Board of Supervisors not more than thirty (30) days after service of the notice of proposed action. A copy of the notice appealed shall be attached to the notice of appeal. Notice of the date, time, and place of the hearing on the appeal shall be mailed at least ten (10) days prior to the date of the hearing by certified mail, return receipt requested, with proof of service attached, addressed to the address on the permit. (g) Hearing on the appeal shall be conducted by a Hearing Officer who shall preside over the hearing, take evidence on the appeal and determine whether, on the basis of a preponderance of the evidence, the appealed action shall be upheld. The Hearing Officer shall render a written decision not less than forty-five (45) days after the date of the appeal hearing. The decision of the Nearing Officer shall be final. 4140.210 HOURS OF OPERATION (a) No body art facility shall operate except between the hours of 8 a.m. and 10 p.m. Sunday through Thursday and between 8 a.m. and 12 a.m. on Friday and Saturday. (b) The hours of operation shall be posted in a conspicuous place in the lobby of the establishment and in a window or other location visible from the outside. 4140.220 MANAGEMENT OF OPERATIONS (a) Each body art facility shall have a manager on the premises during all hours of operation who shall be responsible for the operations and maintenance of the facility, for compliance with all licensing requirements and to observe and supervise the actions of all persons on the premises. (b) Each body art facility shall provide a lobby or other seating area where customers and other invitees of the business may be seated while waiting or otherwise not having body art applied. (c) No body art facility shall knowingly permit loud, boisterous, lewd, violent or threatening behavior by clients or staff while in the facility or in any parking lot or other adjacent area under the control of the body art facility. 4140.230 NUISANCE (a) No body art facility shall be operated in a manner which constitutes a nuisance. (b) Operation of a body art facility in violation of this Chapter or applicable penal or health statute of the State of California shall constitute a public nuisance. 777346.3 Ordinance No. 1407 Page 16 (c) A body art facility may be found to be a nuisance on the basis of multiple violations of this Chapter, or any penal or health statute of the State of California or of multiple complaints which have not been resolved against the proprietor. (d) Nuisance determinations and abatement shall be made and performed in the manner set forth in Sections 3-14-2 and following of the Codified Ordinances of the County of Orange. Section 111. Section 3141 of Part 4 of Chapter 1 of Article 3 is hereby amended to add the following definitions: Body art. The practice of physical body adornment including, but not limited to, the following techniques: body piercing, tattooing or application of permanent cosmetics. Body art facility. The area within a building or other location in which a practitioner performs body piercing, tattooing or application of permanent cosmetics, as defined in this Chapter, including the preparation and procedure area. Body piercing. The creation of an opening in the human body for the purpose of inserting jewelry or decorative objects. This includes, but is not limited to, piercing of an ear, lip, tongue, nose, belly button, cheek, forehead or eyebrow. Body piercing does not, for the purpose of this Chapter, include piercing the leading edge or earlobe of the ear with a sterile, disposable, single-use stud or solid needle that is applied using a mechanical device to force the needle or stud through the ear. Tattooing. To pierce or puncture the human skin with a needle or other instrument for the purpose of the application of pigments or the inserting of pigment under the surface of the skin; the application of pigments or inks inserted into or under the skin far the purpose of producing a mark or by production of scars. Section IV. Part 5 of Chapter 6 of Article 3 is hereby amended to read as follows: Part 5 BODY ART 3651 PERMIT REQUIRED No person shall engage in the business of applying body art without obtaining a body art permit issued by the Director of Finance. No person shall engage in the business of applying body art except at adult'-licensed body art facility specified in the County health permit registration form and in the City body art permit as required herein. This Part does not restrict the activities of any physician or surgeon licensed under Chapter 5 (commencing with Section 2000) of Division 2 of the Health and Safety Code. 3652 PREREQUISITES TO OBTAINING PERMIT No person shall be eligible to receive a body art permit until such person has abtained a valid County health permit for a body art facility or until such person is employed by a body art facility with a valid County health permit. 777346.3 Ordinance No. 1407 Page 17 Any person who wishes to obtain a body art permit to engage in the business of applying body art shall provide proof of: (1) registration with the Osty-Health Officer er~t, (2) payment of an annual County inspection fee, and (3) address(es) where the business is to be conducted pursuant to Health and Safety Code Section 119303. 3653 APPLICATION REQUIREMENT In addition to providing the information required on the City's application form, the applicant shall provide evidence that a complete set of fingerprints of the applicant was taken through the Livescan service. 3654 OPERATIONAL REGULATIONS Every bod~art facility shall be open for inspection by anY officer of the City of Tustin at all times during which body art services are being provided. A permittee shall not: (1) Do business at any location not specified in the County's registration form or City permit; or (2) Violate the sterilization, sanitation, and safety standards adopted by the State Department of Health Services. Section V. Section 9232a.2. of Part 3 of Chapter 2 of Article 9 is hereby amended to sequentially reletter item numbers (d) through (s) and include body art facilities as item (d) as follows: (d) Body art facilities (as defined in section 3141, and subject to the requirements of Part 4 of Chapter 1 of Article 4) Section VI. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason determined to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Tustin hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. 777346.3 Ordinance No. 1407 Page 18 PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting on the 18~ast day of November-fit , 2011. JERRY AMANTE Mayor ATTEST: PAMELA STOKER City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE ) SS CITY OF TUSTIN ) CERTIFICATION FOR ORDINANCE NO. 1407 PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is 5; that the above and foregoing Ordinance Na. 1407 was duly and regularly introduced at a regular meeting of the Tustin City Council, held on the 18~sr day of November 2011 and was given its second reading, passed, and adopted at a regular meeting of the City Council held on the 15~~`" day of November, 2011 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER City Clerk 777346.3