HomeMy WebLinkAboutORD 1324 (2007)
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
4140.010
4140.020
4140.030
4140.040
4140.050
4140.060
4140.070
4140.080
PERMANENT COSMETICS FACILITIES
DEFINITIONS
EXPOSURE CONTROL TRAINING
INFECTION PREVENTION AND CONTROL PLAN
PERMANENT COSMETICS FACiliTIES
PREEMPTION
CLEANING, STERiliZATION, AND HOUSEKEEPING
EQUIPMENT PURCHASED PRE-STERiliZED
CLIENTS
Ordinance No. 1324
Page 1 of 17
4140.090
4140. 1 00
4140. 11 0
4140. 120
4140. 130
4140.140
4140.150
4140. 160
4140.170
4140. 180
4140. 190
4140.200
4140.210
4140.220
4140.010
PRACTITIONER
SKIN PREPARATION
PERMANENT COSMETIC APPLICATION
SHARPS DISPOSAL
TEMPORARY PERMANENT COSMETICS FACILITIES
MOBILE PERMANENT COSMETICS FACILITIES
ENFORCEMENT AUTHORITY
REGISTRATION
PERMIT AND FEE REQUIREMENTS
PENAL TIES
PERMIT SUSPENSION OR REVOCATION
HOURS OF OPERATION
MANAGEMENT OF OPERATIONS
NUISANCE
DEFINITIONS
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,
Ordinance No. 1324
Page 2 of 17
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.
U) "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.
Ordinance No. 1324
Page 3 of 17
(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 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.
Ordinance No. 1324
Page 4 of 17
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.
Ordinance No. 1324
Page 5 of 17
(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.
U) 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.
Ordinance No. 1324
Page 6 of 17
(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 conduct
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 after 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.
Ordinance No. 1324
Page 7 of 17
(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 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:
(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
Ordinance No. 1324
Page 8 of 17
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
reactions 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.
Ordinance No. 1324
Page 9 of 17
(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.
Ordinance No. 1324
Page 10 of 17
(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.
Ordinance No. 1324
Page 11 of 17
(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 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, during 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
REGISTRATION
(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.
Ordinance No. 1324
Page 12 of 17
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 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. 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 closed. 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;
Ordinance No. 1324
Page 13 of 17
(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
Ordinance No. 1324
Page 14 of 17
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.
follows:
Part 5 of Chapter 6 of Article 3 is hereby amended to read as
Part 5 PERMANENT COSMETICS
Ordinance No. 1324
Page 15 of 17
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
Ordinance No. 1324
Page 16 of 17
ATTEST:
PAMELA STOKER
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF TUSTIN )
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 five; that the above and foregoing Ordinance was passed
and adopted at a regular meeting of the City Council held on the 20th day of March,
2007, by the following vote:
COUNCILPERSONS AYES: Bone. Amante. Davert. Kawashima. Palmer (5)
COUNCILPERSONS NOES: None (0)
COUNCILPERSONS ABSTAINED: None (0)
COUNCILPERSONS ABSENT: None (0)
PAMELA STOKER
City Clerk
Ordinance No. 1324
Page 17 of 17