§ 34-822. Body art establishment permits.

(a)

Permit.

(1)

Permit required. No person shall operate, construct, or modify a body art establishment without having first obtained a valid permit from this department. Permits are valid until they are suspended, revoked, expire or surrendered. Failure to pay a permit fee, which includes returned checks for insufficient funds, shall be a violation of this article and invalidates the permit accordingly. Furthermore, a body art establishment operating without a valid permit from the department shall be subject to immediate closure.

(2)

Permit to operate. The permit holder or designee must have a valid permit from this department to operate a body art establishment. This permit expires and is valid until suspended, revoked or there is a change in the permit holder or establishment location. Failure to pay a permit fee, which includes returned checks for insufficient funds, shall be a violation of this article and invalidates the permit accordingly. The permit to operate shall automatically expire on June 30th of each year.

(3)

Permit to construct or modify. The owner, authorized agent or contractor must have a valid permit from this department to construct or modify a body art establishment. This permit is valid until it is suspended, revoked, expires or there is a change in ownership. Failure to pay a permit fee, which includes returned checks for insufficient funds, shall be a violation of this article and invalidates the permit accordingly.

(4)

Permit nontransferable. Permits are not transferable from one person to another, from one body art establishment to another, or when the body art establishment is moved from one location to another. If the permit holder is changed, then the current permit to operate, construct or modify the body art establishment is invalid and a new permit is required. Permits shall be returned within seven days to the department when the body art establishment ceases to operate, moves to another location, the permit is suspended or revoked, expires, or there is a change in the permit holder.

(5)

Posting of permit.

a.

The permit shall be prominently displayed in public view at all times, within 15 feet of the front or primary public door and between five feet and seven feet from the floor and in an area where it can be read at a distance of one foot away.

b.

At body art establishments with no primary or public door, the permit shall be prominently displayed at all times where it can be read by the public from a distance of one foot away.

c.

If requirements of subsection (5)a. and b. of this section are not possible because of physical restrictions, a location will be determined as approved by the department.

(6)

Denial of permit. If a permit is denied, the applicant will be notified in writing, specifically stating all reasons for the permit denial.

(7)

Compliance with other regulations. Prior to the issuance of a permit and at the request of the department, the person in charge of the body art establishment shall furnish to the department evidence of satisfactory compliance with any law or regulation which is applicable to body art establishments, the enforcement of which is the responsibility of another department or agency of government other than the department. Evidence of satisfactory compliance with other agencies include but are not limited to: a copy of the certificate of occupancy and zoning certification. Other department regulations are separately enforceable.

(b)

Permit application.

(1)

Application procedure. The owner, authorized agent or operator of the body art establishment, serving as applicant, shall submit to this department a request for a permit to construct, operate, and/or modify the establishment. The application shall be prepared in duplicate on forms provided by the department. The original shall be retained by the department and the copy retained by the applicant.

(2)

Application data requirements. The following information shall be included but not limited to:

a.

The full or legal name under which the body art establishment is operated;

b.

The address of the body art establishment;

c.

The name and current address of the person that owns and is responsible for the operation of the establishment;

d.

A complete description of all body art services that will be provided at the establishment;

e.

If the person that owns the establishment leases the location, the name and address of the landlord;

f.

The owner, authorized agent or operator of the body art establishment shall certify in its application an updated list of the full legal name(s) and exact duties of employees/artists who have been designated as being responsible for carrying out the rules and policies of the establishment;

g.

The following employee information shall be included but not limited to: DOB, gender, home address, home/work phone numbers, and ID photos of all operators/technicians via valid Georgia driver's license, valid Georgia Identification Card or other photo identification card accepted by the department;

h.

A copy of the written statement of policies and procedures of the body art establishment;

i.

An acknowledgement signed by the applicant (owner, authorized agent or operator of the body art establishment) that they allow only licensed body artists to perform body art procedures in the permitted establishment and that they have read and understand the provisions of this article.

(c)

Renewal of permit to operate.

(1)

Application procedure. Since a permit to operate expires each year, the owner, authorized agent or operator of the body art establishment, serving as applicant, shall submit to this department a request to renew a permit to operate the establishment at least 30 days prior to the expiration date of the permit. The application shall be prepared in duplicate on forms provided by this department. The original shall be retained by the department and the copy retained by the applicant.

(2)

Application data requirements. The information, certification and acknowledgement by the person that owns the body art establishment shall be the same as those required in the original application including all updated information due to changes in: personnel, body art services provided, policies and procedures and any other changes that occurred since or during the previous year since a permit was issued.

(d)

Operating without valid permit. A body art establishment shall not be operated without a current, valid permit to operate the establishment. The person that owns the establishment operating without a valid permit shall be required to pay double the annual fee for a permit to operate at time of application for a permit.

(e)

Fees. The board of commissioners establishes fees for services provided under this article. Fees assessed will be in accordance with the current fee schedule. A permit fee shall not be prorated.

(f)

Applicability. The provisions of this article shall be applicable to all body art establishments within 120 days of the effective date of the ordinance from which this article derives, whether the body art establishments began operating before or after the effective date. Furthermore, all body art establishments shall be required to have only licensed body artists performing procedures at the establishments.

(Ord. No. 14-0057, Exh. 2, 1-22-14)