CITY OF

HERMOSA BEACH

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MUNICIPAL CODE 
ON-LINE

HEALTH AND SAFETY

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Chapter 8.04

HEALTH CODE ADOPTED

 

	8.04.010	Public Health Licensing Regulations and Health Code adopted.
	8.04.020	Copies filed.
	8.04.030	Division 1, Title 8 - amendments.
	8.04.040	Division 1, Title 11 - amendments.
	8.04.050	Civil remedies.
	8.04.060	Violations of health and safety regulations

 

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8.04. 010    Public Health Licensing Regulations and Health Code adopted . 

    Division 1 of Title 8 (Public Health Licensing) and Division 1 of Title 11 (the Health Code) of the Los Angeles County Code, as the same have been amended and are in effect on March 1, 1998, are hereby adopted by reference, subject to the amendments set forth herein, and shall henceforth collectively be known as the Health Code of the City of Hermosa Beach.

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8.04. 020    Copies filed . 

    A certified copy of Division 1 of Title 8 and Division 1 of Title 11, as adopted in Section 8.04.010, have been deposited with the City Clerk, and shall be at all times maintained by the Clerk for use and examination by the public.

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8.04. 030    Division 1, Title 8 - amendments.

1. Section 8.04.165 amended. Notwithstanding the provisions of Section 8.04.010 of this Chapter, Section 8.04.165 of Chapter 8.04 of Division 1 of Title 8 of the Los Angeles County Code is hereby amended to read as follows:

        Section 8.04.165 Food Official Inspection Report. "Food Official Inspection Report" means the written notice prepared and issued by the county health officer after conducting a routine inspection, and/or reinspection in the event a timely request for reinspection has been filed, of a food facility to determine compliance with all applicable federal, state, and local statutes, orders, ordinances, quarantines, rules, regulations, or directives relating to the public health.

2. Subsections A and B of Section 8.04.225 amended. Notwithstanding the provisions of Section 8.04.010 of this Chapter, subsections A and B of Section 8.04.225 of Chapter 8.04 of Division 1 of Title 8 of the Los Angeles County Code are hereby amended to read as follows:

1. "Grading" means the letter grade issued by the county health officer at the conclusion of the routine inspection, and/or reinspection in the event a timely request for reinspection has been filed, of a food establishment. The grade shall be based upon the scoring method set forth in this section resulting from the Food Official Inspection Report and shall reflect the food establishment's degree of compliance with all applicable federal, state, and local statutes, orders, ordinances, quarantines, rules, regulations, or directives relating to the public health.

2. "Letter Grade Card" means a card that may be posted by the county health officer at a food establishment upon completion of a routine inspection, and/or reinspection in the event a timely request for reinspection has been filed, that indicates the letter grade of the establishment as determined by the county health officer using the scoring method set forth in this section. For the purposes of this provision, a food establishment shall include a food establishment operating in conjunction with a food processing establishment.

    Upon completion of a routine inspection of a food establishment, the county health officer shall advise the owner or operator thereof, in writing, of the actual grading and basis therefor as determined by the health officer. The Letter Grade Card and/or Inspection Card shall be immediately posted by the health officer and shall remain posted unless and until reinspection is timely requested as provided herein. If reinspection is timely requested, posting shall be immediately suspended pending regrading following the reinspection.
    Nothing in this Chapter shall prohibit the county health officer from creating and using a Letter Grade Card in combination with an Inspection Score Card. The county health officer, in his discretion, shall determine whether to post the Letter Grade Card, the Inspection Score Card, or both.

3. Section 8.04.275 amended. Notwithstanding the provisions of Section 8.04.010 of this Chapter, Section 8.04.275 of Chapter 8.04 of Division 1 of Title 8 of the Los Angeles County Code is hereby amended to read as follows:

Section 8.04.275 Inspection Score Card.

1.     "Inspection Score Card" means a card that may be posted by the county health officer at a food establishment, upon completion of a routine inspection, and/or reinspection in the event a timely request for reinspection has been filed, that indicates the total numerical percentage score for the establishment as determined by the county health officer and as set forth in the Food Official Inspection Report. For the purposes of this provision, a food establishment shall include a food establishment operating in conjunction with a food processing establishment.

    Upon completion of a routine inspection of a food establishment, the county health officer shall advise the owner or operator thereof in writing of the actual grading and basis therefor as determined by the health officer. The Inspection Score Card and/or Letter Grade Card shall be immediately posted by the health officer and shall remain posted unless and until reinspection is timely requested as provided herein. If reinspection is timely requested, posting shall be immediately suspended pending regrading following the reinspection.

    Nothing in this Chapter shall prohibit the county health officer from creating and using an Inspection Score Card in combination with a Letter Grade Card. The county health officer, in his discretion, shall determine whether to post the Inspection Score Card, the Letter Grade Card, or both.

2.     The county health officer, in his discretion, may immediately close any food establishment which, upon completion of the routine inspection or reinspection where applicable, achieves a total numerical percentage score less than seventy percent (70%) as set forth in Section 8.04.225. Nothing in this provision shall prohibit the county health officer from immediately closing any food establishment if, in his discretion, immediate closure is necessary to protect the public health.'

4. Section 8.04.402 added. A new section 8.04.402 is hereby added to Chapter 8.04 of Division 1 of Title 8 to read as follows:

8.04.402 Request for Reinspection .

1.     "Request for Reinspection" means a written request, filed with the office of the county health officer or a county health department inspector present on an inspected premises, within three (3) business days of a routine inspection of a food establishment conducted for purposes of preparing a Food Official Inspection Report, Grade Letter Card, and/or Inspection Score Card, therein requesting reinspection of such establishment, which request may not be made more than once in any twelve month period. A written acknowledgment of receipt of the reinspection request shall be provided. The request shall be accompanied by payment of a reinspection fee as established by the Board of Supervisors. Payment of such fee to a health inspector, as permitted herein, may only be made by check or money order, payable to the County of Los Angeles.

    Reinspection shall be conducted not less than fourteen (14) calendar days following the timely filing of a request for reinspection and shall be limited in scope to those violations and areas and items of noncompliance identified during the prior routine inspection. Following reinspection, a revised Food Official Inspection Report shall be prepared and the establishment shall be regraded based upon the revised Report. The scores obtained with respect to areas and items which were found to be in compliance during the prior routine inspection, combined with scores obtained as a result of the reinspection, shall be the sole basis upon which a Letter Grade Card and/or Inspection Score Card may be prepared and posted following reinspection.

    A request for reinspection may only be filed by the owner or operator of the food establishment of which such routine inspection was conducted. Said three (3) day period within which to request reinspection shall not commence unless and until posting following a routine inspection has occurred or the owner or operator has otherwise been provided written notice of the actual grading and basis therefor as determined by the county health officer following the routine inspection, whichever occurs first.

5. Subsections A, C and E of Section 8.04.752 amended. Notwithstanding the provisions of Section 8.04.010 of this Chapter, subsections A, C and E of Section 8.04.752 of Chapter 8.04 of Division 1 of Title 8 of the Los Angeles County Code are hereby amended to read as follows:

1. Subject to the provisions of Sections 8.04.225 and 8.04.275 of this Chapter, following a routine inspection, or reinspection if timely requested, the health officer shall post at the inspected food establishment the Letter Grade Card, the Inspection Score Card, or both, as determined by the health officer, so as to be clearly visible to the general public and to patrons entering the establishment. "Clearly visible to the general public and to patrons" shall mean posted in the following order of priority:

1. Posted in the front window of the establishment within five (5) feet of the front door. If such posting is not reasonably possible in the determination of the health officer, then posting shall occur as provided in subsection 2, below.

2. Posted in a display case mounted on the outside front wall of the establishment within five (5) feet of the front door. If such posting is not reasonably possible in the determination of the health officer, then posting shall occur as provided in subsection 3, below.

3. Posted in such location as directed and determined in the discretion of the health officer to ensure the most effective notice to the general public and to patrons.

4. Except as provided in Sections 8.04.225 and 8.04.275 of this Chapter, and subsection A of this Section, neither the Letter Grade Card nor the Inspection Score Card shall be defaced, marred, camouflaged, hidden or removed, and it shall be unlawful to operate a food establishment unless posting of either Card, or both Cards, as determined by the county health officer, has occurred. Unauthorized removal of the Letter Grade Card, the Inspection Score Card, or both, is a violation of this Chapter and may result in the suspension or revocation of the public health permit and shall be punishable as specified in Section 8.04.930.

5. The Food Official Inspection Report upon which the Letter Grade Card, the Inspection Score Card, or both, are based and all subsequent reports issued by the county health officer shall be maintained at the food establishment and shall be available to the general public and to patrons for review upon request. The food establishment shall keep the Food Official Inspection Report and all subsequent reports until such time as the county health officer completes the next routine inspection, or reinspection pursuant to Section 8.04.402, of the establishment and issues a new Food Official Inspection Report.

6. Section 8.04.755 amended. Notwithstanding the provisions of Section 8.04.010 of this Chapter, Section 8.04.755 of Chapter 8.04 of Division 1 of Title 8 of the Los Angeles County Code is hereby amended to read as follows:

Section 8.04.755 Letter Grade Card and Inspection Score Card - Period of Validity. A Letter Grade Card, an Inspection Score Card, or both, shall remain valid until the county health officer completes the next routine inspection, or reinspection pursuant to Section 8.04.402, of the food establishment.

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8.04. 040 Division 1, Title 11 - amendments

1. Notwithstanding the provisions of Section 8.04.010 of this Chapter, Section 11.20.020 of Chapter 11.20 of Division 1 of Title 11 of the Los Angeles County Code is hereby amended to read as follows:

   11.20.020 Apartment House . 

       "Apartment House" means any building or portion thereof which is designed, built, rented, leased, let, or hired out to be occupied, or which is occupied, as the home or residence of three (3) or more families living independently of each other and doing their own cooking in said building, and shall include flats and apartments.

2. Notwithstanding the provisions of Section 8.04.010 of this Chapter, Chapter 11.36 of Division 1 of Title 11 of the Los Angeles County Code, as the same has been amended and is in effect on December 14, 2010, is hereby amended to read as follows:

Article 1 DEFINITIONS

11.36.010 Definitions generally.

1. For the purpose of this chapter, the words and phrases set forth are defined and shall be construed as hereinafter set out, unless it is apparent from the context that any such word or phrase has a different meaning.
2. Whenever any word or phrase used in this chapter is not defined herein but is defined in state law or regulation or in another section of the Los Angeles County Code or Hermosa Beach Municipal Code, the definition set forth in such state law or regulation or other section of the Los Angeles County Code or Municipal Code is incorporated in this chapter as though set forth herein in full, and shall apply to such word and phrase used but not defined herein.

11.36.020 Approved.

“Approved” means meeting the minimum standards set forth and declared acceptable by the county health officer, the department, the State Department of Health Services or the United States Food and Drug Administration.

11.36.030 Blood borne pathogen.

“Blood borne pathogen” means any microorganisms that are present in human blood and that can cause disease in humans. Such pathogens include, but are not limited to, hepatitis B virus (HBV), hepatitis C virus (HBC) and human immunodeficiency virus (HIV).

11.36.040 Blood borne pathogen standards.

Blood borne pathogen standards” means any recognized law, ordinance, regulation or standard containing requirements or recommendations, which has been adopted by the department and is applicable to the control of blood borne pathogens in the conduct of any activities regulated by this chapter.

11.36.050 Body art.

“Body art” means to adorn the body through the permanent application of a tattoo or insertion of an object, such as jewelry, into a hole for display purposes. Body art is the collective term for any single activity or combination of activities defined herein and in Sections 17.04.050 of the Hermosa Beach Municipal Code as tattooing, body piercing or permanent make-up. It shall not include activities such as, or similar to, cutting of the skin or subcutaneous tissue, cutting or modification of cartilage or bone, implantation, branding, deep tissue penetration, threading, stapling or any other invasive procedure, whether or not such act would constitute the practice of medicine requiring licensure as a physician.

11.36.060 Body art activity.

“Body art activity” means any temporary or permanent application, process of application, sterilization, sanitization, cleaning, preparation, implementation or other procedure, utilized in the conduct of body art or any associated activity, which is necessary to the conduct of body art, as defined in this chapter.

11.36.070 Body art establishment.

“Body art establishment” means any permanent premises, business, location, facility, room, or any portion thereof, used or operated as a tattoo/body piercing studio as defined in Section 17.04.050 of the Hermosa Beach Municipal Code.

11.36.080 Body art technician.

“Body art technician” means a person that has completed an approved blood borne pathogen training course and is registered with the department to conduct body art activity, in a permitted body art establishment.

11.36.090 Body art technician independent operator.

“Body art technician independent operator” means a body art technician conducting body art activity at a permitted body art establishment, but who is not an employee of the owner of the body art establishment.

11.36.110 Body piercing.

“Body piercing” means to puncture, perforate, or penetrate a human body part or tissue with an object, appliance, or instrument for the purpose of placing a foreign object in the perforation to prevent the perforation from closing. This includes, but is not limited to, creating such an opening in the ear, lip, tongue, nose, eyebrow or navel for the purpose of inserting jewelry or other decorations. Body piercing does not include piercing of the ear lobe or outer portion of the ear.

11.36.120 Client.

“Client” means any person who meets all legal requirements set forth in this chapter and has given informed consent to have body art activity performed upon his or her person.

11.36.130 Consent form.

“Consent form” means a document provided by the body art establishment or body art technician independent operator to each person requesting that any body art activity be performed upon his or her person.

11.36.140 Contaminated.

“Contaminated” means the presence or the reasonably anticipated presence of blood or other potentially infectious materials on a substance or in or on an item.

11.36.150 Contaminated waste.

“Contaminated waste” means any contaminated substance, including but not limited to any liquid or semi-liquid blood or body fluid or any material that would release potentially infectious material in a liquid or semi-liquid state if compressed, or any contaminated sharps, or any items that are caked with dried blood or other potentially infectious material and are capable of releasing these materials during handling.

11.36.160 County.

“County” means the County of Los Angeles.

11.36.170 Department.

“Department” means the Los Angeles County department of public health.

11.36.180 Departmental regulations.

“Departmental regulations” means the regulations pertaining to body art activity and establishments promulgated by the department as currently written or as may from time to time be amended. When adopted by the department, these regulations are incorporated in and become part of this chapter.

11.36.190 Existing owner.

“Existing owner” means an owner of a body art establishment operating on the effective date of the ordinance codified in this chapter.

11.36.200 Exposure control plan.

“Exposure control plan” means a written plan that meets all requirements of Title 8 California Code of Regulations §§ 3203 and 5193, to minimize clients’ and employees’ risk of exposure to blood or potentially infectious material.

11.36.210 Exposure incident.

“Exposure incident” means a person’s eye, mouth, other mucous membrane, non-intact skin or blood coming in contact with potentially infectious material as a result of body art activity.

11.36.220 Instrument.

“Instrument” means approved equipment, devices, and components utilized to conduct body art activity, including but not limited to needles, needle bars, needle tubes, forceps, hemostats, tweezers, or other items used to insert pigment or dye, or to pierce, puncture or be inserted into any part of the human body, or to assist in such acts, for the intended purpose of making a tattoo or permanent hole. Such items also include studs, hoops, rings, or other decorative jewelry, materials or apparatuses.

11.36.230 Manager.

“Manager” means the owner or other person designated by the owner to be the owner’s on-site representative in a body art establishment, who shall meet the criteria and comply with the provisions set forth in Section 11.36.440.

11.36.250 Owner.

“Owner” or “operator” means the person, persons or legal entity having legal ownership of a business operating as a body art establishment. Any reference in this chapter to “owning” means having existing owner status.

11.36.260 Permanent cosmetics or makeup.

“Permanent cosmetics or makeup” means any application of pigment to or under the skin of a person for the purpose of permanently or semi-permanently changing the color or appearance of the skin. This includes, but is not limited to, permanent or semi-permanent eyeliner, eye shadow, or lip color.

11.36.270 Permanent hole.

“Permanent hole” means a hole produced by piercing or puncturing any part of the body with instruments intended to leave an opening in body tissue in which a device or apparatus may be inserted. Permanent hole includes any body part newly pierced or punctured which is undergoing a healing process, and any piercing or puncture whether or not removal of the device or apparatus from the perforation would result in fusing of the tissue structures.

11.36.280 Potentially infectious material.

“Potentially infectious material” means human body fluids, including but not limited to, semen, vaginal secretions, cerebrospinal fluid, synovial fluid, pleural fluid, pericardial fluid, peritoneal fluid, amniotic fluid, and any other body fluid that is visibly contaminated with blood such as saliva or vomitus, and all body fluids in situations where it is difficult or impossible to differentiate between body fluids.

11.36.290 Registration.

“Registration” means the process as set forth in Section 11.36.320 whereby persons wishing to be body art technicians file a completed registration form with the department as a prerequisite to conducting body art activities in any jurisdiction wherein this chapter is in force. Registration by the department shall not mean the registered body art technician has demonstrated to the department’s satisfaction that the bearer has a level of competency sufficient to practice in this field. Registration shall remain valid for no more than three years.

11.36.300 Tattoo/tattooing.

“Tattoo” means to insert pigment, ink or dye under the surface of the skin of a person by pricking with a needle or otherwise, to permanently change the color or appearance of the skin or to produce an indelible mark or figure visible through the skin. Tattooing does not include application of permanent make-up that is performed as an incidental service in a beauty shop, day spa, or other service or retail establishment.

Article 2 GENERAL REQUIREMENTS

11.36.320 Registration.

1. Every person conducting body art activity as defined in this chapter, or desiring to conduct such activity, on or after the effective date of the ordinance codified in this chapter, shall file with the department a completed registration form, accompanied by the applicable fee as set by law.
2. No person may be registered unless he or she is at least 18 years of age.
3. Every person registering with the department to conduct body art activities must comply with the provisions for registration established through departmental regulations.
4. Failure to provide all information required by departmental regulations or submission of false or misleading information shall make the registration invalid.
5. The registrant shall be deemed registered with the department as a body art technician upon provision of a certificate of registration to the registrant by the department. Until such time as a certificate of registration is issued, the person is not authorized to conduct body art activity.
6. Any registration issued by the department certifying that a person is registered with the department as a body art technician is nontransferable and is valid only for the person to whom it is issued.
7. Registration shall be valid for three years from date of issuance unless made invalid earlier due to the registrant’s failure to comply with departmental regulations. Upon expiration, any person desiring to continue to conduct body art activity must renew his or her registration and provide all required documentation, as specified in this section.

11.36.330 Permits.

1. Every person owning a body art establishment shall obtain a public health facility permit pursuant to the provisions of Article 3 of this chapter.
2. Every person conducting body art activity shall obtain a public health operator permit pursuant to the provisions of Article 3 of this chapter.

11.36.335 Responsibility.

The City of Hermosa Beach may, in its discretion, undertake any and all activities of the Department set forth in this Chapter.

Article 3 PLAN REVIEW--PERMIT--REGISTRATION

11.36.340 Plan review.

A person proposing to build or remodel a body art establishment shall submit to the department complete legible plans, drawn to scale, which shall include all specifications required under this chapter. The department will review the plans and approve or reject them within a reasonable time after submission. The City of Hermosa Beach shall not issue a building or other permit to build or operate a body art establishment or to remodel an existing body art establishment until it has received verification the department has completed such a plan review and given its approval. Nothing in this section shall require that plans or specifications be prepared by anyone other than the applicant.

11.36.350 Public health facility permit.

1. Each person owning a body art establishment shall obtain a public health facility permit by meeting the requirements enumerated in departmental regulations.
2. Upon review and verification that the owner has met the requirements enumerated in departmental regulations, the department shall issue a public health facility permit to the owner.
3. No person may conduct any body art activity in a body art establishment unless that facility has a valid public health facility permit issued by the department.
4. The department may at any time suspend or revoke the public health facility permit to operate as a body art establishment for failure to comply with any provision of this chapter.
5. If a public health facility permit has been suspended or revoked by the department pursuant to this chapter, the permit may be reinstated by the department provided the department is satisfied that the cause for the suspension or revocation no longer exists and the condition of the body art establishment now meets the requirements for issuance of such public health facility permit pursuant to this chapter. The department may require the owner of such a body art establishment to make any changes necessary to comply with this chapter, satisfy any fines imposed pursuant to this chapter and to submit plans and specifications reflecting any required changes, as a condition of reinstating the public health facility permit.
6. Any public health facility permit issued by the department to the owner of a body art establishment is nontransferable. The public health facility permit shall be valid for the approved facility only, and for the time period indicated, unless suspended or revoked.

11.36.360 Public health operator permit.

1. In addition to registering as set forth in Section 11.36.320, persons operating as a body art technician or a body art technician independent operator, or intending to do so, shall obtain a public health operator permit by filing a completed application form with the department and paying the required fee, and providing proof of registration as a body art technician with the department. Each applicant must also provide the department with proof of successful completion of a blood borne pathogen training course that has been approved by the department.
2. Upon successful completion of the application process described in subsection A of this section, the department shall issue a public health operator permit to the applicant.
3. No person may conduct any body art activity unless that person has a valid public health operator permit issued by the department.
4. The department may at any time suspend or revoke the public health operator permit for failure to comply with any provision of this chapter.
5. If a public health operator permit has been suspended or revoked by the department pursuant to this chapter, the permit may be reinstated by the department provided the department is satisfied that the cause for the suspension or revocation no longer exist and that the body art technician has met the requirements for issuance of such public health operator permit pursuant to this chapter. The department may require the body art technician to take any steps necessary to comply with this chapter, and satisfy any fines imposed pursuant to this chapter as a condition of reinstating the public health operator permit.
6. Any public health operator permit issued by the department to a body art technician is nontransferable. The public health operator permit shall be valid for the approved body art technician only, and for the time period indicated, unless earlier suspended or revoked.

11.36.370 Posting requirements.

1. The public health facility permit issued to the owner of any facility operating as a body art establishment must be posted and exhibited at all times in an area that is visible to the public and clients of said establishment.
2. The public health operator permit issued to a body art technician must be posted and exhibited at all times in an area that is visible to the public and clients of any body art establishment in which the body art technician is conducting body art activity.
3. Every person registered with the department as a body art technician shall at all times prominently post the certificate of registration adjacent to his or her workstation in an area that is readily visible to clients from that location.
4. Every establishment permitted to conduct body art activity pursuant to this chapter shall have posted at all times a legible sign at least one inch in lettering, that provides the following information so as to be clearly visible to patrons entering the establishment: Any public health concerns regarding this establishment should be directed to the Los Angeles County Department of Health Services Office: __________________________________________________ __________________________________________________ __________________________________________________ (the program office address and telephone number to be provided by the county health officer).
5. Every establishment permitted to conduct body art activity pursuant to this chapter shall have posted at all times a legible sign in at least one inch lettering that provides the name of each body art technician conducting body art activities within the establishment in an area that is easily visible to the clients of said establishment.
6. Every establishment permitted to conduct body art activity pursuant to this chapter shall have posted at all times a legible sign in at least one inch lettering in each restroom directing attention to the need for persons using the toilet to thoroughly wash their hands after such use.
7. Every establishment permitted to conduct body art activity pursuant to this chapter shall have posted at all times a legible sign in at least two inch lettering at all workstations and cleaning rooms or areas, indicating that smoking is prohibited.

11.36.380 Permit and registration--Reporting requirements.

Every person having a public health permit or registration with the department under the provisions of this chapter shall report to the department any changes in status to the business or activities made reportable by departmental regulations within 15 days of the change.

11.36.390 Permit--Suspension and revocation and fines.

1. Any permit issued pursuant to this chapter may be suspended or revoked by the department and fines consistent with the provisions of this chapter may be imposed by the department for a violation of this chapter or any other violation of law or standard creating a risk to public health and safety, including any violation of the Los Angeles County Code, the California Health and Safety Code, Hermosa Beach Municipal Code, the blood borne pathogen standard, or the exposure control plan of the body art establishment at which body art activity is conducted, or any combination of such violations.
2. Whenever the department finds that a body art technician is not in compliance with the requirements of this chapter, or any law or standard affecting public safety, including but not limited to the Los Angeles County Code, the California Health and Safety Code, Hermosa Beach Municipal Code, blood borne pathogen standard, or the exposure control plan of the establishment at which body art activity is conducted, or any combination thereof, a written notice to comply shall be issued to the body art technician. The notice to comply shall include a statement of the deficiencies found, set forth the corrective measures necessary for the body art technician to be in compliance with this chapter, provide a compliance date by which such corrective measures must be completed and inform the body art technician that failure to comply within the prescribed time may result in the imposition of any penalty provided for in this chapter, including suspension and/or revocation of any and all permits or registrations. The notice to comply shall also advise the body art technician of his or her right to an administrative review under the provisions of this chapter.
3. Whenever the department finds that an owner is not in compliance with the requirements of this chapter, or any law or standard affecting public safety, including but not limited to the Los Angeles County Code, the California Health and Safety Code, the blood borne pathogen standard, or the exposure control plan of the establishment at which body art activity is conducted, or any combination thereof, a written notice to comply shall be issued to the owner. The notice to comply shall include a statement of the deficiencies found, set forth the corrective measures necessary for the owner to be in compliance with this chapter, provide a compliance date by which such corrective measures must be completed and inform the owner that failure to comply within the prescribed time may result in the imposition of any penalty provided for in this chapter, including suspension and/or registration of any and all permits or registrations. The notice to comply shall also advise the owner of his or her right to an administrative review under the provisions of this chapter.
4. A written request for an administrative review, as specified in subsections B and C of this section, above, must be made by the noticed person within 15 calendar days of the compliance date set forth in the notice to comply or any extension thereof later granted by the department. Failure to request an administrative review within the prescribed time shall be deemed a waiver of the right to an administrative review. The administrative review shall be held within 15 calendar days of the receipt of a written request for a review. Upon written request of an owner or body art technician or on its own motion, the department may advance or postpone the scheduled administrative review date, if good cause warrants such action.
5. In the case of an administrative review, the department shall issue a written notice of decision to the subject person within five working days of the administrative review or waiver. In the event of suspension or revocation of any permit or registration, the notice of decision shall specify the acts or omissions found to be violations of this chapter and, in the case of a suspension, shall state the extent of a suspension. The notice of decision shall also state the reasons the body art technician’s public health operator permit or an owner’s public health facility permit has been suspended or revoked and the terms upon which such permit may be reinstated or reissued, if any.
6. Notwithstanding any other provision of this chapter, if any immediate danger to the public health or safety is found or is reasonably suspected, unless the condition is corrected forthwith, the department may immediately suspend any permit or registration issued pursuant to this chapter, initiate a criminal complaint and/or impose any fine permitted by this chapter, pending a determination of an administrative review as provided herein. Immediate danger to the public health and/or safety shall include any condition, based upon inspection findings or other evidence, that can cause, or is reasonably suspected of causing, infection or disease transmission, or any known or reasonably suspected hazardous condition.
   1. Whenever a public health operator permit or public health facility permit issued pursuant to this chapter is immediately suspended or a fine is imposed as the result of an immediate danger to the public health or safety, the department shall issue to the permittee so suspended or fined, a written notice to comply setting forth the acts or omissions with which the permittee is charged, specifying the sections of the Los Angeles County Code, California Health and Safety Code, blood borne pathogen standard, or the exposure control plan of the establishment at which body art activity is conducted, or the combination of alleged violations, and informing the permittee of the right to an administrative review.
   2. At any time within 15 calendar days of service of such notice to comply, the permittee affected may request, in writing, an administrative review by the department to show cause why the imposed suspension or fine is unwarranted. The administrative review shall be held within 15 calendar days of the receipt of a request. A failure to request an administrative review within 15 calendar days shall be deemed a waiver of the right to such review.
   3. At any time prior to an administrative review or waiver thereof, the recipient of a notice to comply issued pursuant to this subsection F, may correct the deficiencies noted in the notice to comply and request a reinspection.
   4. In the case of a request for reinspection as set forth in subsection F3, above, the department shall reinspect as soon as practical and, in no event, later than the end of the third business day following the request for reinspection. In the event the deficiencies noted in the notice to comply are corrected to the satisfaction of the health officer, the department has discretion to reinstate or modify any suspension of a permit and cancel or modify any fine imposed pursuant to this subsection F. If the department determines that the deficiencies noted in the notice to comply have been corrected, but the department elects not to reinstate the suspension or cancel the fine imposed pursuant to this subsection F, the department shall notify the permittee of this decision in writing. The permittee shall have 15 calendar days from receipt of said notification to seek an administrative review of this decision.
   5. If upon reinspection, any deficiency noted in a notice to comply is not corrected to the satisfaction of the department, the department’s decision regarding the deficiency may be the subject of an administrative review. The time for requesting such administrative review remains 15 days from service of the original notice to comply.
7. The department may, after an administrative review or waiver thereof, modify, suspend, or revoke or continue all such action previously imposed upon a public health operator permit or public health facility permit issued pursuant to this chapter or impose any fine allowed herein for violations of this chapter or any other laws or standards affecting public health and safety, including but not limited to the Los Angeles County Code, the California Health and Safety Code, the blood borne pathogen standard, or the exposure control plan of the establishment at which body art activity is conducted, or any combination thereof, or for interference with a county health officer’s performance of duty.
8. A public health operator permit issued or a public health facility permit issued pursuant to this chapter may be reissued or reinstated, if the department determines that the conditions which prompted the suspension or revocation no longer exist and any fine imposed pursuant to this chapter has been satisfied.
9. A body art technician whose public health operator permit is suspended or revoked shall cease all body art activity unless and until the permit is reinstated or reissued.
10. In the event a public health facility permit is suspended or revoked, the owner of the body art establishment shall cease to operate said facility as a body art establishment unless and until the public health facility permit is reinstated or reissued.

Article 4 COMPLIANCE AND ENFORCEMENT

11.36.400 Compliance with chapter provisions required.

1. The provisions of this chapter are in full force and effect within the City of Hermosa Beach.
2. Except as exempted under this chapter, every person who conducts a body art activity, as defined in this chapter, including any person owning or operating any business or establishment regulated by this chapter, must comply with the provisions of this chapter. Each person receiving services resulting from activities regulated by this chapter must also comply with the provisions of this chapter.
3. Any person who operates a body art establishment without a valid public health facility permit, any person conducting any body art activity without a valid public health operator permit, unless exempted pursuant to this chapter, or any person, who violates any law, ordinance or regulation governing any activity regulated by this chapter, or who, upon demand of the county health officer or City of Hermosa Beach, refuses or neglects to conform to a lawful order or directive of a county health officer or the City of Hermosa Beach pertaining to conduct regulated by this chapter, is guilty of a misdemeanor, punishable by fine of $1,000.00, imprisonment in the county jail for a period not to exceed six months, or both. Each such act is punishable as a separate offense, and each subsequent day that an act continues constitutes a separate act punishable as a separate offense.
4. Operating a body art establishment in violation of any provision of this chapter constitutes a misdemeanor, punishable as provided herein and in Section 8.04.060 of the Hermosa Beach Municipal Code.
5. Except as specified in an approved variance issued pursuant to subsection F of this section, it is unlawful for any person to conduct any body art activity in any manner not conforming with the provisions of this chapter.
6. Any person seeking to conduct any activity or operate an establishment regulated by this chapter in a nonconforming manner must apply to the department for a variance. Such application must include a detailed description of the proposed nonconforming activity, including but not limited to describing all involved equipment, instruments, processes, procedures and methods. The application must also include any available documentation that verifies that the nonconforming activity, when conducted as proposed, provides adequate safeguards to the public health and safety. In addition, the person seeking a variance must provide a pre-addressed envelope with postage paid. The application will be reviewed and approved or denied by the department, and the decision will be mailed to the applicant using the provided envelope. No person may conduct any activity or operate an establishment regulated by this chapter in a nonconforming manner without having an approved variance from the department in his or her possession.

11.36.410 Communicable disease control.

If the department has reasonable cause to suspect a communicable disease is, or may be transmitted by any person conducting activities regulated by this chapter, or by any use of contaminated equipment, or by other unsanitary or unsafe conditions which may adversely impact the public health and safety, the department may do any or all of the following:

1. Issue an order excluding from the permitted body art establishment any person responsible for transmitting a communicable disease, or reasonably believed to be responsible for transmitting a communicable disease, or reasonably believed to pose a substantial risk of transmitting a communicable disease, until the department determines there is no further risk to the public health and safety;
2. Issue an order to immediately suspend the public health facility permit issued to the owner of the body art establishment until the department determines there is no further risk to the public health and safety;
3. Issue an order to an owner, an employee or a client of a body art establishment, to provide information reasonably deemed necessary to prevent the spread of communicable disease.

11.36.420 Health officer--Enforcement.

1. The county health officer may enter and inspect any body art establishment or enter and inspect any location suspected of conducting any activity regulated by this chapter, and, for purposes of enforcing this chapter, the county health officer may issue notices and impose fines therein and take possession of any sample, photograph, record or other evidence, including any documents bearing upon the body art establishment’s or body art technician’s compliance with the provision of the chapter. Such inspections may be conducted as often as necessary to ensure compliance with the provisions of this chapter. The county health officer shall prepare a written report of the results of the inspection and provide a copy of such report to the owner or body art technician, as appropriate. In the event any person is cited in the report for a violation of this chapter, the cited person will be provided a notice to comply by either personal service or by first class mail to the cited person’s last known address or to his or her place of employment.
2. Based upon inspection findings or other evidence, the county health officer may do any of the following:
   1. Impound any equipment, device or supply that is found to be unsanitary, lacking any required approval, or otherwise in such condition that it poses a substantial risk to endanger the public health and safety;
   2. Attach a tag to any equipment, device or supply that is found to be unsanitary, lacking any required approval, or is otherwise in such condition that it poses a substantial risk to endanger the public health and safety, which designates the tagged item as unauthorized for use. No person shall use the tagged item or move or remove the tag without authorization from the department. The department shall commence an administrative review within 30 days of an action impounding or tagging an item to assess the propriety of such action, or release said impounded item or remove the tag from said tagged item.
3. The department shall establish departmental regulations, a copy of which shall be made available at no charge, upon request. As determined necessary by the department, the department may, from time to time, amend the departmental regulations. A copy of amendments shall also be made available at no charge, upon request.

11.36.430 Owner responsibility.

The owner of a body art establishment is responsible for any violation by any person who does any body art activity with the owner’s consent in the owner’s body art establishment whether such person is an employee or a body art technician independent operator. Any such body art activity done with the owner’s actual or constructive knowledge is presumed to be done with the owner’s consent.

11.36.440 Manager--Requirements.

A manager must have successfully completed the blood-borne pathogen training required for registrants under this chapter, be familiar with the provisions of this chapter and be capable of communicating the provisions of this chapter to employees and clients of the body art establishment wherein he or she acts as manager. A manager shall be present in the body art establishment during business hours and at all times during which body art activity is conducted therein. The manager shall immediately identify himself or herself to any county health officer entering the body art establishment on official county business. In the owner’s absence, the manager shall be authorized to accept on behalf of the owner any notice issued to the owner pursuant to the provisions of this chapter.

11.36.450 Facilities held in common or shared.

A violation of any provision of this chapter occurring in an area of a facility held in common or shared by more than one body art establishment, which is related to the condition of the facility or any requirement for obtaining or maintaining a public health facility permit, shall be deemed a violation for which the owner of each such body art establishment is responsible.

11.36.460 Noncompliance with county health officer--Injunctive relief.

Any act or failure to act which is a violation of this chapter may be the subject of a civil action to enjoin the person so acting or failing to act to conform his or her conduct to the provisions of this chapter. A civil action to enforce the provisions of this section may be brought by the county counsel, the district attorney city attorney or any person directly affected by said failure to comply with the provisions of this chapter. The filing and prosecution of such an action shall, in no way, limit the authority or ability to impose other requirements of this chapter or penalties enumerated hereunder.

11.36.470 Exemptions.

Reserved.

11.36.480 Severability.

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the remainder of the chapter or the application of such provision to other persons or circumstances shall not be affected thereby.

Part 2 OPERATIONS

Article 1 EXPOSURE CONTROL PLAN AND REPORTING

11.36.490 Exposure control plan.

The owner of every body art establishment shall provide a written exposure control plan, approved by the department, which shall be applicable to all those who perform body art activities within said establishment, describing how the requirements of this chapter will be implemented. The exposure control plan shall meet requirements established in departmental regulations.

11.36.500 Reporting requirements--Complications.

All infections, complications or diseases resulting from the body art activity which become known to the owner or body art technician shall be reported to the department by the informed person within 24 hours of acquiring such knowledge. Should department offices be closed at such times as to make notification within 24 hours impossible, the informed person shall mail written notification to the department within 24 hours of acquiring such knowledge and follow this by providing the department with oral notification within five working days of acquiring the knowledge.

11.36.510 Equipment and instruments.

All equipment and instruments utilized in conducting body art activity shall be used and maintained in accordance with departmental regulations.

11.36.520 Record maintenance.

1. The owner of the body art establishment shall maintain records as required by departmental regulations.
2. Upon cessation of business, the owner of the body art establishment shall forward to the department copies of all records maintained pursuant to this chapter or other departmental policies. Said copies must be provided to the department within 30 calendar days of closure. The revocation of a public health facility permit issued to an owner of a body art establishment shall be deemed a cessation of business for purposes of this subsection upon exhaustion or waiver of the rights to appeal such revocation.

Article 2 CLIENTS

11.36.530 Application for body art procedure--Consent form.

1. All persons desiring a body art activity shall complete an application for body art activity and a consent form, which shall be provided by the establishment or body art technician independent operator and which must meet the requirements established in departmental regulations. It is the responsibility of the body art technician or body art technician independent operator to ensure the prospective client completes the form and initials it in such manner as to fully demonstrate that he or she has been informed of the risks and side effects directly and indirectly associated with the body art activities requested and gives his or her informed consent to have the contemplated activity performed.
2. The body art technician shall advise the client orally of all information contained on the application and consent form prior to the client completing and initialing the consent form and prior to commencing any body art activity. The body art technician shall explain all aftercare instructions. The client shall indicate receipt of oral and written aftercare instructions by initialing the consent form in the appropriate box or area. Upon completion of the body art activity, the body art technician shall repeat the after care instructions and precautions to the client, and the client shall initial and date at the appropriate place on the consent form to indicate this has occurred.
3. The establishment shall retain the original of the completed application for body art activity and consent form, and a copy shall be provided to the client.

11.36.540 Restricted clients.

Nipple and genital piercing shall not be performed on any person under 18 years of age. Tattoos and permanent cosmetics shall not be applied to any person under 18 years of age, except when authorized by a physician and performed with the consent and in the presence of the person’s parent or guardian. Persons under 18 years of age may receive body piercing to body parts other than nipples or genitalia provided the body piercing is performed with the consent and in the presence of the person’s parent or guardian. For any procedure restricted under this section to persons age 18 years of age or older or requiring the presence and consent of the person’s parent or guardian, both the minor and his or her parent or guardian shall provide a valid picture identification, provide proof of parentage or legal guardianship and complete a consent form which conforms with the requirements established in departmental regulations.

Tattooing, permanent cosmetics, or body piercing shall not be performed on skin surfaces which have sunburn, rash, pimples, infection, open lesions, mole, or manifest any evidence of unhealthful conditions, without a physician’s written statement authorizing the body art activity under such condition.

Body art activity shall not be performed on any person who, in the opinion of the body art technician, has impaired judgment due to use of drugs or alcohol or for any other reason.

Article 3 PROCEDURE

11.36.550 Technician condition.

1. No body art technician whose judgment is impaired for any reason shall perform any body art activity while in such condition.
2. No body art technician affected with a rash, infection, boils, infected wounds, open sores, abrasions, keloids, weeping dermatological lesions, or acute respiratory infection shall conduct any body art activity or work in any area of a body art establishment in any capacity in which there is a likelihood that such person could contaminate instruments, equipment, or surfaces or come in contact with another person.

11.36.560 Procedures and preparation.

Body art activities shall be conducted in accordance with the sanitation and preparation procedures set forth in departmental regulations.

11.36.570 Hepatitis B vaccination status--Declination.

A body art technician shall make available upon request his or her hepatitis B vaccination information as required by departmental regulations.

Article 4 RESTRICTIONS

11.36.580 Prohibited procedures and activities.

It is a violation of this chapter for any person to perform or conduct any activities or procedures upon any person that endanger the health or safety of that person, regardless of the consent of the recipient.

An invasive procedure or activity, whether or not such procedure or activity constitutes the practice of medicine under the applicable law, endangers the recipient’s health and safety unless performed by a person possessing medical expertise. Such prohibited procedures and activities include but are not limited to activities or procedures requiring an injection, cutting of skin or subcutaneous tissue or bone, implantation, branding, deep tissue penetration, threading, stapling, suturing, stitching or pocketing of skin or tissue, or any procedure to reduce the size of or close an orifice, or remove or reduce the size of any skin, cartilage, tissue, organ, or appendage or placement of chemicals or substances onto the skin for purposes of scarring or keloid formation or insertion of chemicals or other solutions into or under the skin surface.

Any such procedure or activity shall be conducted only by a licensed medical doctor or by a person specifically authorized by law to conduct the procedure or activity and only when otherwise permitted by law. Such procedure or activity shall only be conducted at a facility approved for the conduct of such procedure or activity by the appropriate authority under the applicable laws. Further, no such procedure or activity shall be conducted by a body art technician unless he or she is specifically authorized by law to perform such procedure or activity.

It is a violation of this chapter for any person to use in the conduct of body art activity or dispense any drug, chemical, agent or device that requires a licensed medical practitioner’s authorization or prescription for use, application or to dispense, without such medical practitioner’s authorization or prescription.

Part 5 EXPOSURE CONTROL TRAINING

11.36.590 Blood borne pathogen training course--Requirements

Any course taken by a person to fulfill the requirements set forth in this chapter relating to exposure control or blood borne pathogen training for registration with the department as a body art technician shall be approved by the department and meet the minimum requirements established in departmental regulations.

11.36.600 Blood borne pathogen training course--Examination.

Any person desiring to register with the department as a body art technician shall complete a blood borne pathogen training course approved by the department and demonstrate knowledge of the required subjects through submission of documentation of attendance and completion of the course, and provide proof that he or she achieved a passing grade of 70 percent or more on the final examination.

11.36.610 Blood borne pathogen training course--Provider.

1. Any person desiring department approval for purposes of this chapter of a training course curriculum for exposure control training or blood borne pathogen training shall make application to the department as follows: the applicant shall provide to the department a copy of a the course outline, a sample lesson plan, a statement of the examination method, a sample examination and any other documentation necessary for the department to evaluate the course to ensure the course complies with all applicable provisions of this chapter. Applicants shall be notified by the department within 30 days of application of the department’s decision on the approval or rejection of the course.
2. The course instructor must possess a high level of expertise in all areas covered by the training program and be otherwise qualified to conduct the training.

Part 6 CIVIL FINES

11.36.620 Civil fines.

In addition to any other penalty provided for under this chapter, consistent with the process set forth herein for notice and administrative review, the department may impose a fine on persons violating any provision of this chapter or any law, regulation or standard incorporated into this chapter. The department may impose a fine upon such violators in an amount not to exceed $500.00 per violation, as appropriate. The imposition of such fines shall, in no way, limit the authority or ability to impose other requirements of this chapter or seek other remedies against alleged violators.

11.36.630 Amount.

In establishing the amount of the fine for each violation, the department will consider the following:

1. The gravity and magnitude of the violation;
2. The violator’s previous record of complying or of failing to comply with the provision of this chapter;
3. The violator’s history in taking all feasible steps or in following all procedures necessary or appropriate to correct the violation; and,
4. Any other considerations the department deems appropriate.

11.36.640 Effect on permits.

1. All fines imposed pursuant to this chapter must be satisfied in the manner prescribed by the department before a permit issued under this chapter to the violator may be reinstated or reissued.
2. Failure to satisfy a fine imposed pursuant to this chapter in the manner prescribed by the department may result in suspension or revocation of the public health operator permit or public health facility permit issued to the violator.

Part 7 REPEAL PROVISION

11.36.650 Repeal.

The provisions of this chapter shall remain in effect until the enactment of state laws or the promulgation of state regulations that control the conduct of body art activity, as defined herein. Upon the effective date of such enactment or promulgation, to the extent any provision of this chapter conflicts or is preempted by said enactment or promulgation, said conflicting or preempted provision is repealed in its entirety.

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8.04. 050 Civil remedies.

      The violation of any of the provisions of the Chapter, Codes or Regulations hereby adopted shall constitute a nuisance and may be abated by the City through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances.

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8.04. 060    Violations of health and safety regulations . 

1. It shall be unlawful for any person, firm, partnership or corporation to violate any provision or to fail to comply with any of the requirements of the Chapter, Codes, or Regulations hereby adopted. Any person, firm, partnership or corporation violating any provision of the Chapter, Codes or Regulations hereby adopted, or failing to comply with any of their requirements shall be deemed guilty of a misdemeanor unless the violation is classified as an infraction in accordance with the provisions of chapter 1.04. Violations of the provisions of this chapter, whether deemed misdemeanors or infractions, shall be punishable in accordance with the procedures of chapter 1.10. Each and every person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of the Chapter, Codes or Regulations hereby adopted is committed, continued or permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefore as provided herein.

2. Any person, firm, corporation or association violating any of the provisions of Los Angeles County Code, Title 11, Health and Safety, Division 1, Health Code, and Division 2, General Hazards, as amended and in effect on September 10, 1996, adopted by reference herein or violating any provision of any permit, license or exception granted thereunder or failing to comply with any of the requirements thereof shall be shall be punishable as a misdemeanor or infraction as provided in chapter 1.04. Each violation is a separate offense for each and every day during any portion of which such violation is committed, continued, or permitted by such person. (Ord. 07-1281, Sept. 2007)

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