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HomeMy WebLinkAbout13 ORD 1324 PERM COSMETICS REG 03-20-07 AGENDA REPORT Agenda Item Reviewed: City Manager 13 ittff Finance Director N/A MEETING DATE: MARCH 20,2007 TO: WilliAM HUSTON, CITY MANAGER FROM: OFFICE OF THE CITY CLERK SUBJECT: ORDINANCE SECOND READING - ORDINANCE NO. 1324 - PERMANENT COSMETICS FACiliTIES REGULATION SUMMARY: Ordinance No. 1324 proposes to add Part 4, Permanent Cosmetics Facilities, to Chapter 1 of Article 4 of the Tustin City Health Code to enable the regulation and inspection of permanent cosmetics businesses. The proposed Ordinance is modeled after the County of Orange Body Art Facilities Ordinance and defines permanent cosmetics facilities and related terms. Operational requirements of permanent cosmetics facilities are also identified in proposed Ordinance No. 1324. RECOMMENDATION: Have second reading by title only and adoption of Ordinance No. 1324 (roll call vote). FISCAL IMPACT: None. BACKGROUND: On March 6, 2007, the City Council had first reading by title only and introduction of the following Ordinance: ORDINANCE NO. 1324 - An ordinance of the City Council of the City of Tustin, adding Part 4 to Chapter 1 of Article 4 of the Tustin City Code to regulate the inspection of permanent cosmetics facilities by the Orange County Health Department; amending Part 4 of Chapter 1 of Article 3 to remove the definition of body piercing and tattooing; and amending Part 5 of Chapter 6 of Article 3 to remove all references to body piercing and tattooing '1J1 MfA' ~ /Jv'j ~ Maria R. Huizar, Chief Deputy City Clerk ORDINANCE NO. 1324 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, ADDING PART 4 TO CHAPTER 1 OF ARTICLE 4 OF THE TUSTIN CITY CODE TO REGULATE THE INSPECTION OF PERMANENT . COSMETICS FACILITIES BY THE ORANGE COUNTY HEALTH DEPARTMENT; AMENDING PART 4 OF CHAPTER 1 OF ARTICLE 3 TO REMOVE THE DEFINITION OF BODY PIERCING AND TATTOOING; AND AMENDING PART 5 OF CHAPTER 6 OF ARTICLE 3 TO REMOVE ALL REFERENCES TO BODY PIERCING AND TATTOOING. 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 to enable the inspection and regulation of permanent cosmetics facilities within the City of Tustin by the Orange County Health Department. B. That the proposed amendment will not make any determination as to whether or not a permanent cosmetics facility is a permitted, conditionally permitted, or prohibited use within the City of Tustin. C. That the proposed amendment is not a "project" pursuant to the provisions of the California Environmental Quality Act (CEQA). D. 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. Section II: Part 4 of Chapter 1 of Article 4 is hereby added to read as follows: PART 4 PERMANENT COSMETICS FACILITIES 4140.010 4140.020 4140.030 4140.040 4140.050 4140.060 4140.070 4140.080 4140.090 4140.100 4140.110 4140.120 4140.130 DEFINITIONS EXPOSURE CONTROL TRAINING INFECTION PREVENTION AND CONTROL PLAN PERMANENT COSMETICS FACiliTIES PREEMPTION CLEANING, STERiliZATION, AND HOUSEKEEPING EQUIPMENT PURCHASED PRE-STERiliZED CLIENTS PRACTITIONER SKIN PREPARATION PERMANENT COSMETIC APPLICATION SHARPS DISPOSAL TEMPORARY PERMANENT COSMETICS FACiliTIES 4140.140 4140.150 4140.160 4140.170 4140.180 4140.190 4140.200 4140.210 4140.220 4140.010 DEFINITIONS MOBILE PERMANENT COSMETICS FACILITIES ENFORCEMENT AUTHORITY REGISTRATION PERMIT AND FEE REQUIREMENTS PENAL TIES PERMIT SUSPENSION OR REVOCATION HOURS OF OPERATION MANAGEMENT OF OPERATIONS NUISANCE As used in this division, unless the context otherwise requires, the following terms shall have the meanings ascribed to them respectively: (a) "Antiseptic" means a liquid or semi-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) "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 division. (d) "Client" means any individual who receives an application of permanent cosmetics from a practitioner as defined in this division. (e) "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. (f) "Health officer" means the Orange County Health Officer or designee. (g) "Instrument" means any 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. (h) "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. (i) "Practitioner" means an individual who applies permanent cosmetics as defined in this division. (i) "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 permanent cosmetics. (k) "Procedure area" means a room or a designated portion of a room where the application of permanent cosmetics is performed. (I) "Proprietor" means the person having general control and management over the conduct of business at a permanent cosmetics facility, or the person operating such establishment, whether or not such person is the legal owner of the premises or the business. (m) "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. (n) "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. (0) "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. 4140.020 EXPOSURE CONTROL TRAINING (a) Prior to registration as a permanent cosmetics practitioner with the County Health Department, all permanent cosmetics practitioners shall complete and submit proof of completion to the county, of an Exposure Control Training Program that meets or exceeds the requirements of this division. (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 Sloodborne 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 blood borne pathogens. (4) A discussion of risks involved in the application of permanent cosmetics and how they may lead to exposure to blood borne pathogens for the client or permanent cosmetics 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. 4140.030 INFECTION AND PREVENTION CONTROL PLAN (a) Each proprietor shall establish, maintain and follow; at each permanent cosmetics 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 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. (d) The proprietor shall be responsible for ensuring that the Infection Prevention and Control Plan is followed. 4140.040 PERMANENT COSMETICS .FACILITIES (a) The health permit shall be posted in a conspicuous place in the lobby of the permanent cosmetics facility. (b) Permanent cosmetics 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 permanent cosmetics activities. (c) The floors, furnishings and equipment of permanent cosmetics. facilities shall be kept clean at all times during business hours. (d) Adequate lighting and ventilation shall be provided in the preparation and procedure areas. (e) Adequate toilet facilities shall be available. Toilet rooms and bathrooms shall not be used for the storage of instruments, or other supplies used for permanent cosmetics activities. (f) Rooms used for permanent cosmetic procedures shall be separated by a wall or partition from those areas used for nail, hair and other activities. (g) All sinks shall be supplied with hot (11 OOF minimum) and cold running water. (h) A sink that is readily accessible to the permanent cosmetics 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 permanent cosmetics facility, except for trained guide or assistance animals for the disabled. No trained guide or assistance animal shall be allowed in the procedure or preparation area. (j) No person shall utilize or maintain in a permanent cosmetics facility equipment that does not comply with the requirements of this division. (k) The proprietor shall maintain the permanent cosmetics 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 Environmental Protection Agency (EPA) registered disinfectant that is labeled as tuberculocidal. 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 soiled with blood. Disposable gloves worn by the permanent cosmetics 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 division 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 to control the con'duct described in this division. 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 placed in a container of clean 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 the appropriate trash receptacle atter use. (c) Ultrasonic cleaners, if used, shall be maintained and operated according to manufacturer's instructions. (d) If an ultrasonic cleaner is not available, instruments shall be cleaned and disinfected manually by scrubbing with a brush and a disinfectant used according to manufacturer's instructions. (e) 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. . (f) 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) Sterilized instruments must be maintained and stored in sterilized pouches until use. (h) 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. (i) Liquid sterilants shall not be used to sterilize instruments. U) Sterilized instruments shall be placed in clean, dry, labeled containers or stored 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 in stru cti 0 ns. (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: (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 permanent cosmetics procedures 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 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 permanent cosmetics 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 permanent cosmetics. (5) A questionnaire regarding a client history of herpes, diabetes, allergic re"actions to latex or antibiotics, hemophilia or any other bleeding disorder or the use of anticoagulants, which may prevent the healing of the site where the 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 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 permanent cosmetics operations 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 permanent cosmetics. (b) No practitioner shall eat, drink or smoke while performing a permanent cosmetics procedure. (c) No practitioner shall perform a permanent cosmetics 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. 1 00 SKIN PREPARATION No permanent cosmetics 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 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 upon completion of the procedure. (c) Single-use rinse cups' shall be disposed of immediately upon completion of the procedure. (d) Reusable rinse cups shall be cleaned and disinfected upon completion of the procedure. (e) All inks, dyes or pigments used shall be commercially manufactured for the procedure and shall be used according to manufacturer's instructions. (f) All products applied to the skin including stencils shall be single use and disposed into a waste receptacle. after the procedure. (g) Needles and needle bars shall be sterilized prior to the application of the permanent cosmetics or shall be purchased pre-sterilized. Needles shall be used only once and then disposed of. When the needle bar is to be reused the used needles shall be either carefully removed from the needle bar to reduce the risk of needle stick injury to the practitioner and disposed of in a sharps container, or the needle bar and needles shall be first cleaned by soaking in a disinfectant and cleaning with a brush or cleaning in an ultrasonic cleaner, and then the needles removed from the needle bar and disposed of in a sharps container. (h) 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) 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 SHARPS DISPOSAL (a) Each procedure area shall have a container for the disposal of sharps 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 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. (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 m~intained on-site and be available for review for a period of two years from the date of removal from the permanent cosmetics facility. 4140.130 TEMPORARY PERMANENT COSMETICS FACILITIES Temporary permanent cosmetics facilities shall be prohibited in the City of Tustin. 4140.140 MOBILE PERMANENT COSMETICS FACILITIES Mobile permanent cosmetics facilities shall be prohibited in the City of Tustin. 4140.150 ENFORCEMENT AUTHORITY The Health Officer or his or her designee is charged with the enforcement of this division, 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, duri,ng the establishment's hours of operation and other reasonable times, enter, inspect, search and secure samples, photographs, or other evidence from any permanent cosmetics facility, or any location suspected of being a permanent cosmetics facility, for the purpose of enforcing this division. It is a violation of this division 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 division, 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 permanent cosmetics facility. 4140. 160 REGISTRA TION (a) Every practitioner as defined in this division shall register with the Orange County Health Department 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. 4140.170 PERMIT AND FEE REQUIREMENTS A permanent cosmetics facility shall not be open for business without a valid permanent cosmetics permit issued by the Director of Community Development and a valid health permit. The Health Officer shall issue a health permit when inspection has determined that the proposed permanent cosmetics facility and its method of operation will conform to the requirements of this division. A health permit, once issued, is nontransferable. A health 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 services. Fees shall be sufficient to cover the actual expenses of administering and enforcing this program. 4140. 180 PENAL TIES Violation of any section of this division 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 d'ay 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. 4140.190 PERMIT SUSPENSION OR REVOCATION (a) Whenever the Health Officer finds that a permanent cosmetics facility is not in compliance with the requirements of this division, a written inspection notice shall be issued to the proprietor. If the proprietor fails to comply, 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 permanent cosmetics facility immediately clos~d. Immediate danger means any condition, based upon inspection findings or other evidence that may cause disease transmission, including, but not limited to: (1) Inadequate sterilization of equipment; (2) Sewage contamination; (3) Lack of potable water supply; (4) 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 permanent cosmetics facility for which the health permit has been suspended shall close and remain closed until the health permit has been reinstated. (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 from 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 Hearing Officer shall be final. 4140.200 HOURS OF OPERATION . (a) No permanent cosmetics facility shall operate except between the hours of 8 a.m. and 10 p.m. daily and 8 a.m. and 12 a.m. on Friday and Saturdays. (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. 4140.210 MANAGEMENT OF OPERATIONS (a) Each permanent cosmetics 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 permanent cosmetics 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 permanent cosmetics applied. (c) No permanent cosmetics 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 permanent cosmetics facility. 4140.220 NUISANCE (a) No permanent cosmetics facility shall be operated in a manner which constitutes a nuisance. (b) Operation of a permanent cosmetics facility in violation of this division or applicable penal or health statute of the State of California shall constitute a public nuisance. (c) A permanent cosmetics facility may be found to be a nuisance on the basis of multiple violations of this division, or any penal or health statute of the State of California or of multiple complaints .which have been the 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 III: Part 4 of Chapter 1 of Article 3 is hereby amended to remove the following: Tattooing. To insert pigment under the surface of human skin, by pricking with a needle or otherwise, to produce an indelible mark or figure visible through the skin. Body piercing. The creation of an opening in a human body for the purpose of inserting jewelry, other decoration, or object. This includes, but is not limited to, piercing of an ear, lip, tongue, nose, or eyebrow. "Body piercing" does not, for the purpose of this chapter, include piercing an ear with a disposable, single-use stud or solid needle that is applied using a mechanical device to force the needle or stud through the ear. Section IV. Part 5 of Chapter 6 of Article 3 is hereby amended to read as follows: Part 5 PERMANENT COSMETICS 3651 PERMIT REQUIRED No person shall engage in the business of applying permanent cosmetics without obtaining a permanent cosmetics permit issued by the Director. 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 PREREQUISITE TO OBTAINING PERMIT Any person who wishes to obtain a permit to engage in the business of applying permanent cosmetics .shall provide proof of registration with the County Health Department, payment of an annual County inspection fee, and address(es) where the business is to be conducted pursuant to Health and Safety Code Section 119303. 3653 OPERATIONAL REGULATIONS 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: 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 anyone or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting on the 20th day of March, 2007. LOU BONE Mayor PAMELA STOKER City Clerk STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN SS CERTIFICATION FOR ORDINANCE NO. 1324 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 No. 1324 was duly and regularly introduced at a regular meeting of the Tustin City Council, held on the 6th day of March, 2007 and was given its second reading, passed, and adopted at a regular meeting of the City Council held on the 20th day of March, 2007 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER City Clerk