State Of New Mexico


Albuquerque City Ordinance

Chapter 11, Article 5


§ 11-5-1 SHORT TITLE.
This article may be cited as the "Body Art
Ordinance."

(Ord. 33-1998)

§ 11-5-2 LEGISLATIVE FINDINGS AND INTENT.
(A) The Council finds that there is
sufficient information to believe that injuries,
infections and occasional disease may occur as the
result of body art. In order to protect the health and
welfare of residents, the regulation of body art
establishments and operators is required.


(B) The Council finds that residents desire
regulation of body art establishments and that such
regulation is required for the health and safety of
the residents.


(C) The Council is concerned with health
dangers posed by the unsafe practices that could be
employed by some body art establishments and
operators.

(Ord. 33-1998)

§ 11-5-3 DEFINITIONS.
For the purpose of this article, the following
definitions shall apply unless the context clearly
indicates or requires a different meaning.


ANTISEPTIC. An agent that destroys disease
causing microorganisms on human skin or mucosa. A
list of approved antiseptic agents will be maintained
by the Environmental Health Department.


BODY ART. The practice of physical body
adornment by any method including but not limited to
the following: body piercing, tattooing, cosmetic
tattooing, branding and scarification. This definition
does not include practices that are considered medical
procedures by a state medical board, such as implants
under the skin. This definition also does not include
ear piercing as fully defined in § 11-5-7(B) ROA 1994
below.


BODY ART ESTABLISHMENT. Any place of business
which performs body art and is engaged in business as
defined in § 13-1-2 ROA 1994.


BODY PIERCING. Any method of piercing the skin
or mucosa in order to place any object including, but
not limited to, rings, studs, bars or other forms of
jewelry through the skin or mucosa. This article
expressly excludes ear piercing, as defined in §
11-5-7(B) ROA 1994 below, as a body piercing
procedure.


CLIENT. Any person who inquires about or
requests a body art procedure.


CONTAMINATED WASTE. Any liquid or semi-liquid
blood or other potentially infectious materials;
contaminated items that would release blood or other
potentially infectious materials in a liquid or
semi-liquid state if compressed; items that are caked
with dried blood or other potentially infectious
materials and are capable of releasing these materials
during handling; contaminated sharps and pathological
and microbiological wastes containing blood and other
potentially infectious materials, as further defined
in 29 CFR 1910.1030.


COSMETIC TATTOOING. The practice of depositing
pigment into the epidermis, utilizing needles, which
is either permanent, semipermanent or temporary by
someone other than a state licensed physician.
Cosmetic tattooing shall also include permanent
cosmetics, dermography, micro pigmentation, permanent
color technology and micro pigment implantation.


DEPARTMENT. The Environmental Health Department
of the city including its agents and employees.


DISINFECTION. The killing of microorganisms, but
not necessarily their spores, on inanimate objects.


EQUIPMENT. All machinery, including fixtures,
containers, vessels, tools, devices, implements,
furniture, display and storage areas, sinks and all
other apparatuses and appurtenances used in connection
with the operation of a body art establishment.


HANDSlNK. A lavatory equipped with hot and cold
running water under pressure, used solely for washing
hands, arms or other portions of the body.


HOT WATER. Water which is at a constant
temperature of at least 100° Fahrenheit.


INSTRUMENTS USED FOR BODY ART. Hand pieces,
needles, needle bars and other instruments that may
come in contact with any person's body during body
art.


INVASIVE. Entry into the body either by incision
or insertion of an instrument into or through the skin
or mucosa, or by any other means intended to
compromise the skin or mucosa.


JEWELRY. Any personal ornament inserted into a
pierced area. Jewelry inserted into a newly pierced
area must be made of non-hazardous materials
including but not limited to 316 L or LVM surgical
implant grade stainless steel, solid 14k or 18k white
or yellow gold, niobium, titanium, platinum. Jewelry
inserted into existing healed piercings must be made
of materials commonly used in the industry including
but not limited to 316 L or LVM surgical implant grade
stainless steel, solid 14k or 18k white or yellow
gold, niobium, titanium, platinum, low porosity
plastic such as monofilament nylon, acrylic or lucite,
tempered glass or high density low porosity non toxic
hard woods. Furthermore, such jewelry must be free
of nicks, scratches or irregular surfaces and have
been properly sterilized prior to use. Hardwood
jewelry is single use only. Ear studs are not
considered jewelry under this article.


OPERATOR. Any person who controls, operates,
manages, conducts, or practices body art activities at
a body art establishment and who is responsible for
compliance with these regulations whether or not that
person actually performs body art activities.


PERMIT. Written approval by the Department to
operate a body art establishment. Approval is given in
accordance with this article and is separate from any
other licensing requirements that may exist.


PERSON. A natural person, any form of business
or social organization and any other nongovernmental
legal entity including but not limited to a
corporation, partnership, limited liability company,
association, trust or unincorporated organization.


PROCEDURE ROOM. A room in the body art
establishment where body art is performed.


PROCEDURE SURFACE. Any surface that contacts the
client's unclothed body during a body art procedure or
any associated work area which may require sanitizing.


SANITIZE or SANITIZATION. A procedure that
reduces the level of microbial contamination so that
the item or surface is considered safe.


SHARPS. Any sterilized object that is used for
the purpose of penetrating the skin or mucosa
including, but not limited to, needles, scalpel blades
and razor blades.


SHARPS CONTAINER. A puncture-resistant,
leak-proof container that can be closed for
handling, storage, transportation and disposal and is
labeled with the international "biohazard" symbol.


SINGLE USE. Products or items that are intended
for one-time, one person use and are disposed of after
use on each client including, but not limited to,
cotton swabs or balls, tissues or paper products,
paper or plastic cups, gauze and sanitary coverings,
razors, piercing needles, scalpel blades, stencils,
ink cups and protective gloves.


STERILIZATION. Destruction of all forms of
microbiotic life, including spores.


TATTOOING. Any method of placing ink or other
pigment into or under the skin or mucosa by the aid of
needles or any other instruments used to puncture the
skin, resulting in permanent coloration of the skin or
mucosa. This includes all forms of cosmetic tattooing.


UNDER DIRECT SUPERVISION OF A PHYSICIAN.
Employed by and working in the office or clinic of a
physician licensed in the State of New Mexico, or at a
site approved by the Department, with treatment
ordered by the physician.

(Ord. 33-1998)

§ 11-5-4 BODY ART OPERATOR REQUIREMENTS AND
PROFESSIONAL STANDARDS.
The following information shall be kept on file
on the premises of a body art establishment and
available for inspection by the Department:


(A) The full names of all operators in the
establishment and their exact duties.


(B) The following information pertaining to
all operators in the establishment: Date of birth,
gender, home address and phone number (home and work).


(C) Identification photographs of all
operators.


(D) The body art establishment name and hours
of operation.


(E) The name and address of the body art
establishment owner or owners.


(F) A complete description of all body art
performed.


(G) A list of all instruments, body jewelry,
sharps, and inks used for any and all body art
procedures, including names of manufacturers and
serial or lot numbers or invoices or other
documentation sufficient to identify and locate the
manufacturer.


(H) A copy of this article.

(Ord. 33-1998)

§ 11-5-5 PERMITS.
(A) Permits shall be prominently displayed in
the body art establishment and shall not be defaced or
altered in any manner.


(B) It shall be unlawful for any person to
perform body art unless such procedures are performed
in a body art establishment with a current permit. Any
person who performs a body art procedure without a
permit shall be subject to the penalty provisions in
§1-1-99 ROA 1994. Each procedure is a separate
punishable act under §1-1-99 ROA 1994.

(Ord. 33-1998)

§ 11-5-6 GENERAL PROVISIONS.
(A) Smoking, eating, or drinking by anyone is
prohibited in the procedure room while body art
preparation, procedure and clean up is being
performed.


(B) Operators must be a minimum of eighteen
years of age.


(C) Operators shall refuse service to any
person who, in the opinion of a reasonable objective
observer, is under the influence of alcohol or drugs.


(D) The operator shall maintain a high degree
of personal cleanliness, conform to hygienic practices
and wear clean clothes when performing body art.
Before performing body art, the operator must
thoroughly wash his or her hands in hot running water
with liquid antimicrobial soap, then rinse his or her
hands and dry with disposable paper towels. This
shall be done as often as necessary to remove
contaminants.


(E) In performing body art, the operator
shall wear disposable medical gloves. The gloves
shall be discarded at a minimum, after the completion
of each procedure on an individual client.


(F) If, while performing body art, the
operator's glove is pierced, torn or otherwise
contaminated, the procedure in paragraphs (D) and (E)
above shall be repeated immediately. The contaminated
gloves shall be immediately discarded and the hands
washed thoroughly as described in paragraph (D) above
before a fresh pair of gloves are used. Any item or
other instrument used for body art which is
contaminated during the procedure shall be discarded
and replaced immediately with new ones before the
procedure resumes.


(G) Contaminated waste, as defined in this
article, which may release liquid blood or body fluids
when compressed or may release dried blood or body
fluids when handled must be placed in an approved
"red" bag which is marked with the international
"biohazard" symbol. It must then be disposed of by, or
delivered to, an approved medical waste facility
pursuant to federal and state regulations including
but not limited to 29 CFR 1910.1030 and New Mexico
Solid Waste Management Regulations promulgated by the
New Mexico Environment Department. Sharps ready for
disposal shall be disposed of in approved sharps
containers. Contaminated waste which does not release
liquid blood or body fluids when compressed or does
not release dried blood or body fluids when handled
may be placed in a covered receptacle and disposed of
through normal, approved disposal methods. Storage of
contaminated waste on-site shall not exceed the period
specified by the New Mexico Environment Department.


(H) No person shall perform any body art upon
a person under the age of 18 years without the written
consent of a parent or legal guardian. The written
consent must be kept on the premises at the body art
establishment. The parent or legal guardian does not
have to stay at the body art establishment during the
entire body art procedure as long as the parent or
legal guardian provides written and notarized consent
to the specific planned procedure(s) to the body art
establishment prior to the procedure(s). If the
parent or legal guardian remains present during the
body art procedure, the written consent does not have
to be notarized. Written consent shall be personally
delivered to the body art establishment by the parent
or legal guardian; delivery by the person under
18 years of age is not sufficient. Photographic
identification of the parent or legal guardian is
required. Nothing in this section is intended to
require an operator to perform any body art on a
person under 18 years of age with or without parental
or guardian consent.


(I) Any skin or mucosa surface to receive a
body art procedure shall be free of rash, infection or
any other visible active pathological condition.


(J) The skin of the operator shall be free of
rash, infection or any other visible pathological
condition. No person or operator affected with boils,
infected wounds, open sores, abrasions, exudative
lesions, acute respiratory infection, nausea, vomiting
or diarrhea shall work in any area of a body art
establishment in any capacity in which there is a
likelihood of contaminating body art equipment,
supplies or working surfaces with pathogenic
organisms.


(K) Proof shall be provided upon request of
the Department that all operators have either
completed or were offered and declined, in writing,
the Hepatitis B vaccination series; that antibody
testing has revealed that the operator is immune to
Hepatitis B; or that the vaccine is contraindicated
for medical reasons. Contraindication requires a dated
and signed physician's statement specifying the name
of the Operator and stating that the vaccine cannot be
given. This documentation is to be kept on the
premises of the body art establishment. For those who
decline the Hepatitis B vaccination series, an
information brochure developed by the Department will
be provided which explains the risks of Hepatitis B
and C and provides treatment options following an
exposure incident.

(Ord. 33-1998)

§ 11-5-7 EXEMPTIONS.
(A) Physicians licensed by the State of New
Mexico who utilize body art procedures as part of
patient treatment are exempt from these regulations.


(B) Individuals who pierce only the outer
perimeter and lobe of the ear using a pre-sterilized
encapsulated single use stud ear piercing system,
implementing the proper procedures listed herein, are
exempt from these regulations. Individuals who use
these ear piercing systems must conform to the
manufacturer's directions on use and applicable U. S.
Food and Drug Administration requirements. Individuals
who use ear piercing systems must provide written
aftercare instructions to all customers regarding
proper care for their ear piercing. No individual may
perform an ear piercing upon a minor unless the
parent/legal guardian is present at the time of the
piercing and has given written consent. All ear
piercing records must be retained for a period of
three years. All piercers must employ handwashing or
use of an antibacterial gel and wear disposable
medical gloves which are to be discarded after use for
each customer. The Department retains authority to
investigate consumer complaints relating to alleged
misuse or improper procedures involving ear piercing
systems and may pursue all remedies under law.

(Ord. 33-1998)

§ 11-5-8 PUBLIC NOTIFICATION REQUIREMENTS.
Verbal and written public educational
information, approved by the Department, shall be
required to be given to all clients. Verbal and
written instructions, approved by the Department for
the care of the body art procedure site shall be
provided to each client by the operator upon
completion of the procedure. The written instructions
("instructions") shall advise the client to consult
the operator or a physician licensed by the State of
New Mexico at the first sign of infection and contain:
the name, address and phone number of the body art
establishment. The instructions shall be signed and
dated by both parties. The operator shall give a copy
of the instructions to the client and retain the
original with all other records required to be
maintained under this article. In addition, all body
art establishments shall provide clients with
information, in writing, which advises clients of the
risks and possible consequences of body art.

(Ord. 33-1998)

§ 11-5-9 RECORDS RETENTION.
The body art establishment shall keep a record of
all persons who have had body art procedures
performed. The record shall include the name, date of
birth, and address of the client, the date of the
procedure, the name of operator who performed the
procedure(s), the type of procedure performed and its
location on the client's body, the signature of the
client and, if the client is a minor, written proof of
parental or guardian presence and consent as more
particularly described in § 11-5-6(H) ROA 1994 above.
A record of the specific ink color(s) applied, and,
when available, the manufacturer, catalogue
identification number or supplier invoice of each
color used shall be maintained.For jewelry, a record
of the manufacturer, catalogue identification number
or supplier invoice shall be maintained. All records
described in this paragraph shall be retained for a
minimum of three years and provided to the Department
upon request.

(Ord. 33-1998)

§ 11-5-10 PREPARATION AND CARE OF THE BODY ART AREA.
(A) Before performing body art, the skin of
and surrounding the area where the body art is to be
placed shall be washed with antimicrobial soap or
iodine or other antiseptics on a list of approved
substances maintained by the Department. If piercing
or other procedures penetrating the subcutaneous layer
are to be performed, the area must be cleaned with a
fresh antiseptic solution. If shaving is necessary,
safety razors with single service blades shall be used
and discarded after each use. The razor blade holder,
if reusable, shall be autoclaved after each use.
Following shaving, the skin and surrounding area shall
be washed with antimicrobial soap and the washing pad
shall be discarded after a single use.


(B) In the event of blood flow, all products
used to check the flow of blood or to absorb blood
shall be used only once and disposed of immediately
after use.


(C) Written and verbal instructions regarding
the proper care of the body art shall be provided to
each client following each body art procedure.

(Ord. 33-1998)

§ 11-5-11 SANITATION AND STERILIZATION.
(A) All non-disposable instruments used for
body art shall be cleaned thoroughly after each use by
scrubbing with an antimicrobial soap solution and hot
water or an appropriate disinfectant to remove blood
and tissue residue and placed in an ultrasonic unit
which shall remain on the premises of the body art
establishment and which will be operated in accordance
with the manufacturer's instructions.


(B) After cleaning, all non-disposable
instruments used for body art shall be packed
individually in paper peel-packs and sterilized. All
paper peel-packs shall contain either a sterilizer
indicator or internal temperature indicator. Properly
packaged, sterilized and stored equipment can be
stored no more than one year. Paper peel-packs must be
dated with an expiration date not to exceed one year.
Sterile equipment may not be used after the expiration
date without first repackaging and resterilizing.


(C) All non-disposable instruments used for
body art shall be sterilized in an autoclave at the
body art establishment. Off site sterilization is
prohibited. The sterilizer shall be used, cleaned, and
maintained according to manufacturer's instructions.
A copy of the manufacturer's recommended procedures
for the operation of the sterilization unit must be
available for inspection by the Department.


(D) Each holder of a permit to operate a body
art establishment shall demonstrate that the
sterilizer used is capable of attaining sterilization
by monthly spore destruction tests. These tests shall
be verified through an independent laboratory. The
permit shall not be issued or renewed until
documentation of the sterilizer's ability to destroy
spores is received by the Department. These test
records shall be retained by the operator for a period
of three years and provided to the Department upon
request.


(E) After sterilization, the instrument used
for body art, tattooing or body piercing shall be
stored in a dry, clean cabinet or other tightly
covered container reserved for the storage of such
instruments.


(F) All instruments used for body art,
tattooing or body piercing shall remain stored in
sterile packages until just prior to performing a body
art procedure. When assembling instruments used for
performing body art, the operator shall wear
disposable medical gloves and use techniques to ensure
that the instruments and gloves are not contaminated.


(G) All inks, dyes, pigments and sharps shall
be specifically manufactured for performing body art
procedures and shall not be adulterated. Immediately
before applying a tattoo, the quantity of the dye to
be used for the tattoo shall be transferred from the
bottle and placed into sterile, single use paper
cups or plastic caps. Upon completion of the tattoo,
these single cups or caps and their contents shall be
discarded.

(Ord. 33-1998)

§ 11-5-12 REQUIREMENTS FOR SINGLE USE ITEMS.
(A) All sharps shall be sterilized prior to
use and stored in paper peel-packs.


(B) Single use items shall not be used on
more than one client for any reason. After use, all
single use needles, razors and other sharps shall be
immediately disposed of in approved sharps containers.
Piercing needles are strictly single use.


(C) All body art stencils shall be single use
and disposable. Petroleum jellies, soaps and other
products used in the application of stencils shall be
dispensed and applied on the area to be tattooed with
sterile gauze or in a manner which prevents
contamination of the original container and its
contents. The gauze shall be used only once and then
discarded.

(Ord. 33-1998)

§ 11-5-13 REQUIREMENTS FOR PREMISES.
(A) Body art establishments applying for a
permit shall submit a scale drawing and floor plan of
the proposed establishment for a plan review by the
Department as part of the permit application process.
The Department may charge a reasonable fee for this
review.


(B) All walls, floors, and ceilings of a body
art establishment shall be smooth, free of open holes
or cracks, light-colored, washable and in good repair.
Walls, floors and ceilings shall be maintained in a
clean condition. All surfaces, including client chairs
and benches shall be of such construction as to be
easily cleaned and sanitized after each client
procedure. All body art establishments shall be
completely separated by solid partitions, or by walls
extending from floor to ceiling, from any room used
for human habitation, a food establishment or room
where food is prepared, a hair salon, retail sales, or
other such activity which may cause potential
contamination of work surfaces.


(C) Insects, vermin and rodents shall not be
present in any part of the body art establishment, its
appurtenances or appertaining premises.


(D) There shall be a minimum of 35 square
feet of floor space for each procedure room. Each
body art establishment shall have an area which may be
screened from public view for clients requesting
privacy. Multiple procedure rooms shall be separated
by wipeable dividers, curtains or partitions.


(E) The body art establishment shall be
well-ventilated and provided with an artificial light
source equivalent to at least 20 foot candles three
feet off the floor, except that at least 100 foot
candles shall be provided at the level where the body
art procedure is being performed, and where
instruments and sharps are assembled.


(F) No animals of any kind shall be allowed
in a procedure room except service animals used by
persons with limitations. Small animals confined to a
cage or aquarium are allowed only outside a procedure
room.


(G) A separate, readily accessible, handsink
with hot and cold running water, under pressure,
preferably equipped with wrist or foot operated
controls and supplied with liquid antimicrobial soap
and disposable paper towels shall be readily
accessible within the body art establishment. One
handsink shall serve no more than three operators. In
addition, there shall be a minimum of one lavatory,
excluding any service sinks, and one toilet in a body
art establishment.


(H) At least one covered waste receptacle
shall be provided in each operator area and each
toilet room. Receptacles in the operator area shall be
emptied daily and solid waste shall be removed from
the premises at least weekly. Receptacles in the
operator area shall either have a foot operated lid or
a lid that can and shall remain open during body art
procedures to prevent hand contact with the receptacle
during a procedure. All refuse containers shall be
lidded, cleanable and kept clean.


(I) All instruments and supplies shall be
stored in clean dry covered containers.


(J) If reusable cloth items, including but
not limited to lap-cloths, are used, they shall be
mechanically washed after each client procedure.
Reusable cloth items shall be mechanically washed
with detergent and dried. The cloth items shall be
stored in a clean dry environment.

(Ord. 33-1998)

§ 11-5-14 PERMIT REQUIREMENTS.
(A) Body Art Establishment Permit.


(1) No person, firm, partnership, joint
venture, association, business trust, corporation or
any organized group of persons may operate a body art
establishment without a body art establishment permit
issued by the Department.


(2) The permit shall be obtained
annually. Beginning and ending permit time frames will
be established by the Department.


(3) The applicant shall pay a reasonable
non-refundable fee as set by the Department for each
body art establishment permit.


(4) A permit for a body art
establishment shall not be transferable from one place
or person to another.


(5) A current body art establishment
permit shall be posted in a prominent and conspicuous
area where it may be readily observed.


(6) The holder of a body art
establishment permit must only hire operators who have
complied with the operator permit requirements of this
article.


(7) Body art establishments which are
engaged in the body art business before the effective
date of this article shall have 60 days to comply with
the permitting requirements.


(B) Operator Permit.


(1) No person shall practice body art
procedures without first obtaining a permit from the
Department. The Department shall set a reasonable
non-refundable fee for such permits.

(2) The operator permit shall be valid
from the date of issuance and shall automatically
expire in two years from the date of issuance unless
revoked sooner by the Department.


(3) An application for an operator
permit shall include: Name, date of birth, sex,
residence, mailing address, phone number, place(s) of
employment, and training and experience of the
operator.


(4) Within 90 days of the operator's
receipt of the operator's first permit, the operator
must provide proof of attendance at a blood-borne
pathogen training program (or equivalent) approved by
the Department. During the said 90 days, the operator
shall become familiar with this article, undergo
in-house training and familiarize themselves with
information available from the Department concerning
Hepatitis B. Subsequently, the operator must attend a
blood-borne pathogen training program (or equivalent)
at least once every three years.


(5) No operator permit shall be issued
unless, following reasonable investigation by the
Department, the operator has demonstrated compliance
with the provisions of this section and all other
provisions of this article.


(6) All operator permits shall be
conditioned upon continued compliance with the
provisions of this section as well as all applicable
provisions of this article.


(7) All operator permits shall be posted
in a prominent and conspicuous area.

(Ord. 33-1998)

§ 11-5-15 PROHIBITIONS.
(A) Performing body art is prohibited on any
person under the age of 18 without the written consent
of the parent or legal guardian. This consent is to be
given in person to the operator by the parent or legal
guardian before the body art procedure commences.
Photographic identification of the parent or legal
guardian is required.


(B) Performing body art is prohibited on any
person who appears to a reasonable person to be under
the influence of alcohol or drugs.


(C) Owning, operating or soliciting business
as a body art establishment or operator without first
obtaining all necessary permits and approvals from the
Department is prohibited.


(D) Obtaining or attempting to obtain any
body art establishment or operator permit by means of
fraud, misrepresentation or concealment is prohibited.

(Ord. 33-1998)

§ 11-5-16 SUSPENSION OR REVOCATION OF PERMITS.
(A) Permits issued under the provisions of
this article may be suspended temporarily by the
Department for violation of this article. There is no
property right in a permit.


(B) If a permit holder fails to comply with
any notice or request issued under the provisions of
this article, the permit holder must be notified in
writing ("written notice") that the permit is
immediately suspended. The written notice must also
contain a statement informing the permit holder that
an opportunity for a hearing will be provided if a
written request for a hearing is filed with the
Department within 14 days.


(C) Any person whose permit has been
suspended may apply for a replacement permit. Within
10 days following receipt of a written request for a
replacement permit, including a statement signed by
the applicant that in his or her opinion the
conditions causing the suspension have been corrected,
and submission of the appropriate reinspection fees,
the Department shall reinspect the body art
establishment or evaluate documentation provided by an
operator. If the applicant is complying with the
provisions of this article, the Department may in its
discretion issue a replacement permit.


(D) For serious or repeated violations of any
of the requirements of this article or for
interference with the Department in the performance of
its duties, the permit may be permanently revoked
after an opportunity for a hearing has been provided
by the Department. Before taking such an action, the
Department shall notify the permit holder in writing,
stating the reasons for which the permit is subject to
revocation and advising the permit holder of the
requirements for filing a request for a hearing. A
permit may be suspended for cause pending its
revocation or a hearing relative thereto.


(E) The Department may permanently revoke a
permit following service of a notice of
revocation unless a request for a hearing is filed
with the Department by the permit holder within 14
days


(F) The hearings provided for in this section
shall be conducted by the Department at a time and
place designated by the Department. The hearing shall
be scheduled no later than 120 days after mailing of a
Notice of Revocation of a Permit. After hearing, the
Department shall make a finding and may sustain,
modify or rescind any official notice or order
considered in the hearing. A written decision must be
furnished to the permit holder by the Department.

(Ord. 33-1998)

§ 11-5-17 ENFORCEMENT.
(A) Operation of any body art establishment
or performance of any body art without a permit is a
misdemeanor and shall be subject to the penalty
provisions in §1-1-99 ROA 1994. Each day of operation
without a permit and each separate body art procedure
shall be a separate offense.


(B) The Department may inspect body art
establishments without a warrant and as often as
necessary throughout the year to ensure compliance
with this article.


(C) It is unlawful for any person to
interfere with the Department in the performance of
its duties and any such violation is subject to the
penalty provisions in §1-1-99 ROA 1994.


(D) A copy of the inspection report must be
furnished to the permit holder. The Department shall
retain the original inspection report.


(E) If a permittee violates this article, the
Department may, in its discretion, advise the
permittee, in writing, of the Department's finding of
a violation and instruct the permittee to undertake
specific remedial steps to correct such violation(s)
within a reasonable period of time not to exceed 30
days.


(F) If the Department reasonably suspects
that a communicable disease is being transmitted or
may be transmitted by an operator or body art
establishment, the Department may do any or all of the
following:


(1) Issue an order excluding any or all
operators from the permitted body art establishment
until the Department determines there is no further
risk to public health.


(2) Issue an order immediately
suspending the body art establishment permit until the
Department determines there is no further risk to the
public health.

(Ord. 33-1998)