Updated 10-19-2006
760-1404 Body Art Establishment Permit

This entire section could be replaced with the "Employer's" license.

1. It shall be unlawful for any person to operate a body art establishment, temporary body art event or mobile body art establishment who does not have a valid permit issued under the provisions of this Article.  Only a person who complies with the requirements of this Article shall be entitled to receive and retain such a permit.

(Copied from 760-1303 Food establishment regulations.

It is not clear why a Body Art Establishment Permit is needed other than this requirement. If a permit is needed to keep track of operations in the county then the Employer's license should automatically contain a corresponding permit.

2. It shall be unlawful for any person(s) to perform body art procedures at a temporary body art event unless that even possesses a valid Temporary Body Art Establishment Permit.

Really, the only thing that the Department should require is notice of the temporary event, not permitting.

3. The Commissioner may at her/his discretion issue a Temporary Body Art Establishment permit for a special event not to exceed (14) days. The permit holder for the temporary body art establishment and the certified body artist(s) associated with the event must comply with all requirements of this article.

To operate a business based upon "discretionary" power revocable at will without being held accountable is unacceptable in a modern democracy that believes in liberty. It is to have no rights. It is also impossible to comply with the premises standards of this Article, which means this is not a genuine offer.
The 14 days is derived from temporary food establishments. Article 13 760-1303(1)

4. Permits shall not be transferable from one person to another or from one place to another place.

5. A valid permit shall be prominently displayed to the public in every body art establishment, temporary body art establishment and mobile body art establishment.

6. if an individual, an applicant must be an adult to receive a body art establishment permit.  If a corporation, partnership, or other group, at least one officer, principal or partner must be an adult to receive a permit.

7. Body art establishment permits may be revoked or suspended by the Commissioner, after notice and an opportunity for a hearing, for failure of the permit holder to comply with the requirements of this Article, or with any lawful notice or order issued pursuant thereto.  For serious or persistent violations of any the requirements of this Article, or for interference with the Department's representative in the performance of his/her duties, after notice and an opportunity for a hearing has been provided by the Commissioner, the permit may be revoked or suspended.

Both sentences have exactly the same wording "after notice and an opportunity for a hearing" which implies that the serious or persistent violations will cause a permit to be revoked before a hearing, otherwise why the two sentences.

Article 13 – Food Establishments 760-1303 (4) holds the Commissioner accountable to have valid conditions present: "which constitutes a danger to public health and it appears prejudicial to the public interest to delay action pending a hearing." But no such requirement is offered for body art.

Another problem, it is not imaginable what situation could reasonably develop or be considered a danger to public health.

There is no similarity with food protection to justify the requirements.

8. ...hearings shall be conducted...all notices ...served at least 15 days prior to the date of the hearing...

Food establishments are offered in Article 13 760-1303(4) "...within 15 days, the Commissioner shall provide such person an opportunity to be heard."

For body art it could be a month or longer before a hearing is scheduled. These are unfair burdens.

9. Service of notices of hearing...

10. The body art establishment permit shall expire one (1) year from date of issuance.

These are personal views and opinions of Wes Wood and do not necessarily represent the views and opinions of Unimax Supply Co Inc.
Copyright 2006