[HISTORY: Adopted by the City Council of the City of Springfield 9-12-2002 (Title 5,
Ch. 5.72, of the 1986 Code). Amendments noted where applicable.]
The purpose of this chapter is to set forth a regulatory scheme
for the City of Springfield to protect the health, welfare and safety
of citizens of the City where the City Council seek to enact an ordinance
governing the practice of body art.
For the purpose of the chapter, the following definitions shall
be applicable:
Written instructions given to the client, specific to the
body art procedure(s) rendered, about caring for the body art and
surrounding area, including information about when to seek medical
treatment, if necessary.
Any person who applies to the Department of Health and Human
Services ("HHS") for either a body art establishment permit or practitioner
permit.
An apparatus for sterilization utilizing steam pressure at
a specific temperature over a period of time.
A process which results in the destruction of all forms of
microbial life, including highly resistant spores, by the use of an
autoclave for a minimum of 30 minutes at 20 pounds of pressure (PSI)
at a temperature of 270° F.
OSHA guidelines contained in 29 CFR 1910.1030, entitled "Occupational
Exposure to Bloodborne Pathogens," as amended.
The practice of physical body adornment by permitted establishments
and practitioners using, but not limited to, the following techniques:
body piercing, tattooing, cosmetic tattooing, branding, and scarification.
This definition does not include practices that are considered medical
procedures by the Board of Registration in Medicine, such as implants
under the skin, which are prohibited.
A location, place, or business that has been granted a permit
by HHS, whether public or private, where the practices of body art
are performed, whether or not for profit.
A specifically identified individual who has been granted
a permit by HHS to perform body art in an establishment that has been
granted a permit by HHS.
Puncturing or penetrating the skin of a client with presterilized
single-use needles and the insertion of presterilized jewelry or other
adornment into the opening. This definition excludes piercing of the
earlobe with a presterilized single-use stud-and-clasp system manufactured
exclusively for ear piercing.
Inducing a pattern of scar tissue by use of a heated material
(usually metal) to the skin, making a serious burn, which eventually
becomes a scar.
A member of the public who requests a body art procedure
at a body art establishment.
Waste as defined in 105 CMR 480.000, Storage and Disposal
of Infectious or Physically Dangerous Medical or Biological Waste,
State Sanitary Code, Chapter VIII, as amended.
The Department of Public Health or its authorized representatives.
The Director of the City of Springfield Health and Human
Services Department.
A product registered as a disinfectant by the United States
Environmental Protection Agency (EPA).
The destruction of disease-causing microorganisms on inanimate
objects or surfaces, thereby rendering these objects safe for use
or handling.
The puncturing of the lobe of the ear with a presterilized
single-use stud-and-clasp ear piercing system following the manufacturer's
instructions.
All machinery, including fixtures, containers, vessels, tools,
devices, implements, furniture, display and storage areas, sinks,
and all other apparatus and appurtenances used in connection with
the operation of a body art establishment.
A lavatory equipped with hot and cold running water under
pressure, used solely for washing hands, arms, or other portions of
the body.
The Department of Health and Human Services, which has jurisdiction
in the City to regulate a body art establishment pursuant to state
laws acting as the Board of Health.
Water that attains and maintains a temperature of 110°
F. to 130° F.
Hand pieces, needles, needle bars, and other instruments
that may come in contact with a client's body or may be exposed
to bodily fluids during any body art procedure.
Entry into the client's body either by incision or insertion
of any instruments into or through the skin or mucosa, or by any other
means intended to puncture, break, or otherwise compromise the skin
or mucosa.
Any ornament inserted into a newly pierced area, which must
be made of surgical-implant-grade stainless steel, solid 14k or 18k
white or yellow gold, niobium, titanium, or platinum, or a dense,
low-porosity plastic, which is free of nicks, scratches, or irregular
surfaces and has been properly sterilized prior to use.
Any person under the age of 18 years.
Any person who individually, or jointly or severally with
others owns or controls an establishment, but is not a body art practitioner.
HHS approval in writing to either operate a body art establishment
or operate as a body art practitioner within a body art establishment.
HHS approval shall be granted solely for the practice of body art
pursuant to this chapter. Said permit is exclusive of the establishment's
compliance with other licensing or permitting requirements that may
exist within the community or political subdivision comprising HHS's
jurisdiction.
An individual, any form of business or social organization
or any other nongovernmental legal entity, including but not limited
to corporations, partnerships, limited-liability companies, associations,
trusts or unincorporated organizations.
An individual licensed as a qualified physician by the Board
of Registration in Medicine pursuant to MGL c. 112, § 2.
Any surface of an inanimate object that contacts the client's
unclothed body during a body art procedure, skin preparation of the
area adjacent to and including the body art procedure, or any associated
work area which may require sanitizing.
Clean and free of agents of infection or disease. "Sanitize"
means the application of a United States EPA-registered sanitizer
on a cleaned surface in accordance with the label instructions.
Altering skin texture by cutting the skin and controlling
the body's healing process in order to produce wounds, which
results in permanently raised wheals or bumps known as "keloids."
Any object, sterile or contaminated, that may intentionally
or accidentally cut or penetrate the skin or mucosa, including, but
not limited to, needle devices, lancets, scalpel blades, razor blades,
and broken glass.
A puncture-resistant, leakproof container that can be closed
for handling, storage, transportation, and disposal and that is labeled
with the International Biohazard Symbol.
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.
The use of a physical or chemical procedure to destroy all
microbial life, including highly resistant bacterial endospores.
The indelible mark, figure or decorative design introduced
by insertion of dyes or pigments into or under the subcutaneous portion
of the skin.
Any method of placing ink or other pigment into or under
the skin or mucosa by the aid of needles or any other instrument used
to puncture the skin, resulting in permanent coloration of the skin
or mucosa. This term includes all forms of cosmetic tattooing.
A unit approved by the HHS, physically large enough to fully
submerge instruments in liquid, which removes all foreign matter from
the instruments by means of high-frequency oscillations transmitted
through the contained liquid.
A set of guidelines and controls, published by the Centers
for Disease Control and Prevention (CDC), as "Guidelines for Prevention
of Transmission of Human Immunodeficiency Virus (HIV) and Hepatitis
B Virus (HBV) to Health-Care and Public-Safety Workers" in Morbidity
and Mortality Weekly Report (MMWR), June 23, 1989, Vol. 38 No. S-6,
and as "Recommendations for Preventing Transmission of Human Immunodeficiency
Virus and Hepatitis B Virus to Patients During Exposure-Prone Invasive
Procedures" in MMWR, July 12, 1991, Vol. 40, No. RR-8, as amended.
This method of infection control requires the employer and the employee
to assume that all human blood and specified human body fluids are
infectious for HIV, HBV, and other blood pathogens. Precautions include
hand washing; gloving; personal protective equipment; injury prevention;
and proper handling and disposal of needles, other sharp instruments,
and blood- and body-fluid-contaminated products.
A.
No tattooing, piercing of genitalia, branding or scarification shall
be performed on a person under the age of 18.
B.
Body piercing, other than piercing the genitalia, may be performed
on a person under the age of 18, provided that the person is accompanied
by a properly identified parent, legal custodial parent or legal guardian
who has signed a form consenting to such procedure.
A.
Unless otherwise ordered or approved by HHS, each body art establishment
shall be constructed, operated and maintained to meet the following
minimum requirements:
(1)
The physical plant, walls, floors, ceilings, and procedure surfaces
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 procedure surfaces, including client chairs/benches,
shall be of such construction as to be easily cleaned and sanitized
after each client.
(2)
Solid partitions or walls extending from floor to ceiling shall separate
the establishment's space from any other room used for human
habitation, any food establishment or room where food is prepared,
any hair salon, any retail sales, or any other such activity that
may cause potential contamination of work surfaces.
(3)
The establishment shall take all measures necessary to ensure against
the presence or breeding of insects, vermin, and rodents within the
establishment.
(4)
Each body art station shall have a minimum of 45 square feet of floor
space for each practitioner. Each establishment shall have an area
that may be screened from public view for clients requesting privacy.
Multiple body art stations shall be separated by a dividers or partitions
at a minimum.
(5)
The establishment shall be well-ventilated and provided with an artificial
light source equivalent to at least 20 footcandles three feet off
the floor, except that at least 100 footcandles shall be provided
at the level where the body art procedure is being performed and where
instruments and sharps are assembled.
(6)
A separate, readily accessible hand sink with hot and cold running
water under pressure, preferably equipped with wrist- or foot-operated
controls and supplied with liquid soap, and disposable paper towels
stored in fixed dispensers shall be readily accessible within the
establishment. Each operator area shall have a hand sink.
(7)
There shall be a minimum of one toilet room containing a toilet and
sink. The toilet room shall be provided with toilet paper, liquid
hand soap and paper towels stored in a fixed dispenser.
(8)
At least one covered, foot-operated waste receptacle shall be provided
in each operator area and each toilet room. Receptacles in the operator
area shall be emptied daily. Solid waste shall be stored in covered,
leakproof, rodent-resistant containers and shall be removed from the
premises at least weekly.
(9)
At least one janitorial sink shall be provided in each body art establishment
for use in cleaning the establishment and proper disposal of noncontaminated
liquid wastes in accordance with all applicable federal, state and
local laws. Said sink shall be of adequate size equipped with hot
and cold running water under pressure and permit the cleaning of the
establishment and any equipment used for cleaning.
(10)
All instruments and supplies shall be stored in clean, dry,
and covered containers. Containers shall be kept in a secure area
specifically dedicated to the storage of all instruments and supplies.
(11)
The establishment shall have a cleaning area. Every cleaning
area shall have an area for the placement of an autoclave or other
sterilization unit located or positioned a minimum of 36 inches from
the required ultrasonic cleaning unit.
(12)
The establishment shall have a customer waiting area, exclusive
and separate from any work station, instrument storage area, cleaning
area or any other area in the body art establishment used for body
art activity.
(13)
No animals of any kind shall be allowed in a body art establishment
except service animals used by persons with disabilities (e.g., Seeing
Eye dogs). Fish aquariums shall be allowed in waiting rooms and nonprocedural
areas.
(14)
Smoking, eating, or drinking is prohibited in the area where
body art is performed, with the exception of fluids being offered
to a client during or after a body art procedure.
B.
Requirements for single-use items, including inks, dyes and pigments.
(1)
Single-use items shall not be used on more than one client for any
reason. After use, all single-use sharps shall be immediately disposed
of in approved sharps containers pursuant to 105 CMR 480.000.
(2)
All products applied to the skin, such as but not limited to body
art stencils, applicators, gauze and razors, shall be single-use and
disposable.
(3)
Hollow-bore needles or needles with a cannula shall not be reused.
(4)
All inks, dyes, pigments, solid-core needles, and equipment shall
be specifically manufactured for performing body art procedures and
shall be used according to manufacturer's instructions.
(5)
Inks, dyes or pigments may be mixed and may only be diluted with
water from an approved potable source. Immediately before a tattoo
is applied, the quantity of the dye to be used shall be transferred
from the dye bottle and placed into single-use paper cups or plastic
caps. Upon completion of the tattoo, these single-use cups or caps
and their contents shall be discarded.
C.
Sanitation and sterilization measures and procedures.
(1)
All nondisposable instruments used for body art, including all reusable
solid-core needles, pins and stylets, shall be cleaned thoroughly
after each use by scrubbing with an appropriate soap or disinfectant
solution and hot water (to remove blood and tissue residue), and shall
be placed in an ultrasonic unit operated in accordance with manufacturer's
instructions.
(2)
After being cleaned, all nondisposable instruments used for body
art shall be packed individually in sterilizer packs and subsequently
sterilized in a steam autoclave. All sterilizer packs shall contain
either a sterilizer indicator or internal temperature indicator. Sterilizer
packs must be dated with an expiration date not to exceed six months.
(3)
The autoclave shall be used, cleaned, and maintained according to
manufacturer's instruction. A copy of the manufacturer's
recommended procedures for the operation of the autoclave must be
available for inspection by HHS. Autoclaves shall be located away
from work stations or areas frequented by the public.
(4)
Each holder of a permit to operate a body art establishment shall
demonstrate by monthly spore destruction tests that the autoclave
used is capable of attaining sterilization. These tests shall be verified
through an independent laboratory. The permit shall not be issued
or renewed until documentation of the autoclave's ability to
destroy spores is received by HHS. These test records shall be retained
by the operator for a period of three years and made available to
HHS upon request.
(5)
All instruments used for body art procedures shall remain stored
in sterile packages until just prior to the performance of a body
art procedure. After sterilization, the instruments used in body art
procedures shall be stored in a dry, clean cabinet or other tightly
covered container reserved for the storage of such instruments.
(6)
Sterile instruments may not be used if the package has been breached
or after the expiration date without first repackaging and resterilizing.
(7)
If the body art establishment uses only sterile single-use, disposable
instruments and products, and uses sterile supplies, an autoclave
shall not be required.
(8)
When assembling instruments used for body art procedures, the operator
shall wear disposable medical gloves and use medically recognized
techniques to ensure that the instruments and gloves are not contaminated.
(9)
Reusable cloth items shall be mechanically washed with detergent
and dried after each use. The cloth items shall be stored in a dry,
clean environment until used.
D.
Posting requirements. The following shall be prominently displayed:
(1)
A disclosure statement, a model of which shall be available from
the Department. A disclosure statement shall also be given to each
client, advising him/her of the risks and possible consequences of
body art procedures.
(2)
The name, address and phone number of HHS that has jurisdiction and
the procedure for filing a complaint.
(3)
An emergency plan, including:
(a)
A plan for the purpose of contacting police, fire or emergency
medical services in the event of an emergency;
(b)
A telephone in good working order shall be easily available
and accessible to all employees and clients during all hours of operation;
and
(c)
A sign at or adjacent to the telephone indicating the correct
emergency telephone numbers.
(4)
An occupancy and use permit as issued by the local building official.
(5)
A current establishment permit.
(6)
Each practitioner's permit.
E.
Establishment recordkeeping.
(1)
The
establishment shall maintain the following records in a secure place
for a minimum of three years, and such records shall be made available
to HHS upon request:
(a)
Establishment information, which shall include:
[1]
Establishment name;
[2]
Hours of operation;
[3]
Owner's name and address;
[4]
A complete description of all body art procedures performed;
[5]
An inventory of all instruments and body jewelry, all sharps,
and all inks used for any and all body art procedures, including names
of manufacturers and serial or lot numbers, if applicable. Invoices
or packing slips shall satisfy this requirement;
[6]
A material safety data sheet, when available, for each ink and
dye used by the establishment; and
[7]
A copy of this chapter.
(c)
Client information, which shall include:
[1]
Name;
[2]
Date of birth;
[3]
Address of the client;
[4]
Date of the procedure;
[5]
Name of the practitioner who performed the procedure(s);
[6]
Description of procedure(s) performed and the location on the
body;
[8]
If the client is a person under the age of 18, proof of parental
or guardian identification, presence and consent, including a copy
of the photographic identification of the parent or guardian.
(2)
Client information shall be kept confidential at all times.
F.
The establishment shall require that all body art practitioners have
either completed, or were offered and declined, in writing, the hepatitis
B vaccination series. Records documenting compliance with this requirement
shall be provided to HHS upon request.
Practitioners are required to comply with the following minimum
health standards:
A.
A practitioner shall perform all body art procedures in accordance
with universal precautions set forth by the United States Centers
for Disease Control and Prevention.
B.
A practitioner shall refuse service to any person who may be under
the influence of alcohol or drugs.
C.
Practitioners who use ear piercing systems must conform to the manufacturer's
directions for use, and to applicable United States Food and Drug
Administration requirements. No practitioner shall use an ear piercing
system on any part of the client's body other than the lobe of
the ear.
D.
Health history and client informed consent. Prior to performing a
body art procedure on a client, the practitioner shall:
(1)
Inform the client, verbally and in writing, that the following health
conditions may increase health risks associated with receiving a body
art procedure:
(a)
History of diabetes;
(b)
History of hemophilia (bleeding);
(c)
History of skin diseases, skin lesions, or skin sensitivities
to soaps, disinfectants, etc.;
(d)
History of allergies or adverse reactions to pigments, dyes
or other sensitivities;
(e)
History of epilepsy, seizures, fainting or narcolepsy;
(f)
Use of medications such as anticoagulants, which thin the blood
and/or interfere with blood clotting; and
(g)
Any other conditions such as hepatitis or HIV.
(2)
Require that the client sign a form confirming that the above information was provided, that the client does not have a condition that prevents him/her from receiving body art, that the client consents to the performance of the body art procedure and that the client has been given the aftercare instructions as required by Subsection K.
E.
A practitioner shall maintain the highest degree of personal cleanliness,
conform to best standard hygienic practices, and wear clean clothes
when performing body art procedures. Before performing body art procedures,
the practitioner must thoroughly wash his/her hands in hot running
water with liquid soap, then rinse hands and dry with disposable paper
towels. This shall be done as often as necessary to remove contaminants.
F.
In performing body art procedures, a practitioner shall wear disposable single-use gloves. Gloves shall be changed if they become pierced, torn, or otherwise contaminated by contact with any unclean surfaces or objects or by contact with a third person. The gloves shall be discarded, at a minimum, after the completion of each procedure on an individual client, and hands shall be washed in accordance with Subsection E before the next set of gloves is put on. Under no circumstances shall a single pair of gloves be used on more than one person. The use of disposable single-use gloves does not preclude or substitute for hand-washing procedures as part of a good personal hygiene program.
G.
The skin of the practitioner shall be free of rash or infection.
No practitioner affected with boils, infected wounds, open sores,
abrasions, weeping dermatological lesions or acute respiratory infection
shall work in any area of a body art establishment in any capacity
in which there is a likelihood that the person could contaminate body
art equipment, supplies, or working surfaces with body substances
or pathogenic organisms.
H.
Any item or instrument used for body art that is contaminated during
the procedure shall be discarded and replaced immediately with a new
disposable item or a new sterilized instrument or item before the
procedure resumes.
I.
Preparation and care of a client's skin area must comply with
the following:
(1)
Any skin or mucosa surface to receive a body art procedure shall
be free of rash or any visible infection.
(2)
Before a body art procedure is performed, the immediate skin area
and the areas of skin surrounding where the body art procedure is
to be placed shall be washed with soap and water or an approved surgical
skin preparation. If shaving is necessary, single-use disposable razors
or safety razors with single-service blades shall be used. Blades
shall be discarded after each use, and reusable holders shall be cleaned
and autoclaved after use. Following shaving, the skin and surrounding
area shall be washed with soap and water. The washing pad shall be
discarded after a single use.
(3)
In the event of bleeding, all products used to stop the bleeding
or to absorb blood shall be single-use, and discarded immediately
after use in appropriate covered containers, and disposed of in accordance
with 105 CMR 480.000.
J.
Petroleum jellies, soaps, and other products used in the application
of stencils shall be dispensed and applied on the area to receive
a body art procedure with sterile gauze or other sterile applicator
to prevent contamination of the original container and its contents.
The applicator or gauze shall be used once and then discarded.
K.
The practitioner shall provide each client with verbal and written
instructions on the aftercare of the body art site.
(1)
(2)
A copy shall be provided to the client.
(3)
A model
set of aftercare instructions shall be made available by the Department.
L.
Contaminated waste shall be stored, treated and disposed of in accordance
with 105 CMR 480.000, Storage and Disposal of Infectious or Physically
Dangerous Medical or Biological Waster, State Sanitary Code, Chapter
VIII, as amended.
A written report of any injury, infection complication or disease
as a result of a body art procedure, or complaint of injury, infection
complication or disease, shall be forwarded by the operator to HHS
which issued the permit, with a copy to the injured client, within
five working days of its occurrence or knowledge thereof. The report
shall include:
A.
The name of the affected client.
B.
The name and location of the body art establishment involved.
C.
The nature of the injury, infection complication or disease.
D.
The name and address of the affected client's health care provider,
if any.
E.
Any other information considered relevant to the situation.
A.
HHS shall investigate complaints received about an establishment's
or practitioner's practices or acts which may violate any provision
of this chapter.
B.
If HHS finds that an investigation is not required because the alleged
act or practice is not in violation of this chapter, then HHS shall
notify the complainant of this finding and the reasons on which it
is based.
C.
If HHS finds that an investigation is required, because the alleged
act or practice may be in violation of this chapter, HHS shall investigate;
and if a finding is made that the act or practice is in violation
of this chapter, then HHS shall apply whatever enforcement action
is appropriate to remedy the situation and shall notify the complainant
of its action in this manner.
D.
Any citizen who desires to register a complaint under this chapter
may request that the Director initiate the enforcement of this chapter.
A.
No person may operate a body art establishment except with a valid
permit from HHS.
B.
Applications for a permit shall be made on forms prescribed by and
available from HHS. An applicant shall submit all information required
by the form and accompanying instructions. The term "application"
as used herein shall include the original and renewal applications.
C.
An establishment permit shall be valid from the date of issuance
and shall automatically expire in one year from the date of issuance
unless revoked sooner by HHS.
D.
HHS shall require that the applicant provide, at a minimum, the following
information in order to be issued an establishment permit:
(2)
The manufacturer, model number, model year, and serial number, where
applicable, of the autoclave used in the establishment;
(3)
A signed and dated acknowledgment that the applicant has received,
read and understood the requirements of this chapter;
(4)
A drawing of the floor plan of the proposed establishment to scale
for a plan review by HHS, as part of the permit application process;
and
(5)
Such additional information as HHS may reasonably require.
E.
HHS shall set a reasonable fee for such permit. The initial fee for
said permit shall be $125.
F.
A permit for a body art establishment shall not be transferable from
one place or person to another.
A.
No person shall practice body art or perform any body art procedure
without first obtaining a practitioner permit from HHS. HHS shall
set a reasonable fee for such permits.
B.
A practitioner shall be a minimum of 18 years of age.
C.
A practitioner 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 HHS. The initial fee for said permit shall
be $100.
E.
Practitioner training and experience.
(1)
In reviewing an application for a practitioner permit, HHS may consider
experience, training and/or certification acquired in other states
that regulate body art.
(2)
Training for all practitioners shall be approved by HHS and, at a
minimum, shall include the following:
(a)
Bloodborne pathogen training program (or equivalent) which includes
infectious disease control; waste disposal; hand washing techniques;
sterilization equipment operation and methods; and sanitization, disinfection
and sterilization methods and techniques; and
(b)
First aid and cardiopulmonary resuscitation (CPR). Examples
of courses approved by HHS include Preventing Disease Transmission
(American Red Cross) and Bloodborne Pathogen Training (U.S. OSHA),
as amended. Training/Courses provided by professional body art organizations
or associations or by equipment manufacturers may also be submitted
to HHS for approval.
(3)
The applicant for a body piercing practitioner permit shall provide
documentation, acceptable to HHS, that she/he completed a course on
anatomy, completed an examination on anatomy, or possesses an equivalent
combination of training and experience deemed acceptable to HHS.
(4)
The applicant for a tattoo practitioner permit shall provide documentation,
acceptable to HHS, that she/he completed a course on skin diseases,
disorders and conditions, including diabetes, or completed an examination
on skin diseases, disorders and conditions, including diabetes, or
possesses a combination of training and experience deemed acceptable
to HHS.
F.
A practitioner's permit shall be conditioned upon continued
compliance with all applicable provisions of this chapter.
A.
HHS may deny a permit, revoke a permit or refuse to renew a permit
on the following grounds, each of which, in and of itself, shall constitute
full and adequate grounds for revocation or refusal to renew:
(1)
Any actions which would indicate that the health or safety of the
public would be at risk;
(2)
Fraud, deceit or misrepresentation in obtaining a permit, or its
renewal;
(3)
Criminal conduct which HHS determines to be of such a nature as to
render the establishment, practitioner or applicant unfit to practice
body art as evidenced by criminal proceedings resulting in a conviction,
guilty plea, or plea of nolo contendere or an admission of sufficient
facts;
(4)
Any present or past violation of this chapter governing the practice
of body art;
(5)
Practicing body art while the ability to practice is impaired by
alcohol, drugs, physical disability or mental instability;
(6)
Being habitually drunk or being dependent on or a habitual user of
narcotics, barbiturates, amphetamines, hallucinogens, or other drugs
having similar effects;
(7)
Knowingly permitting, aiding or abetting an unauthorized person to
perform activities requiring a permit;
(8)
Continuing to practice while his/her permit is lapsed, suspended;
or revoked;
(9)
Having been disciplined in another jurisdiction in any way by the
proper permitting authority for reasons substantially the same as
those set forth in this chapter; and
(10)
Other just and sufficient cause which HHS may determine would
render the establishment, practitioner or applicant unfit to practice
body art.
B.
HHS shall notify an applicant, establishment or practitioner in writing
of any violation of this chapter for which HHS intends to deny, revoke,
or refuse to renew a permit. The applicant, establishment or practitioner
shall have seven days after receipt of such written notice in which
to comply with this chapter. HHS may deny, revoke or refuse to renew
a permit if the applicant, establishment or practitioner fails to
comply after said seven days.
C.
Applicants denied a permit may reapply at any time after denial.
HHS may summarily suspend a permit pending a final hearing on
the merits on the question of revocation if, based on the evidence
before it, HHS determines that an establishment and/or a practitioner
is an immediate and serious threat to the public health, safety or
welfare. The suspension of a permit shall take effect immediately
upon written notice of such suspension by the Director.
A.
Suspension of a permit.
(1)
After a HHS suspension of a permit, a hearing shall be initiated
pursuant to 801 CMR 1.00 et seq., as amended (Standard Adjudicatory
Rules of Practice and Procedure), no later than 21 calendar days after
the effective date of the suspension.
(2)
Upon written request to the HHS, the establishment or practitioner
shall be afforded an opportunity to be heard concerning the suspension
of the permit by HHS.
(3)
In cases of suspension of a permit, the hearing officer shall determine
whether HHS has proved by a preponderance of the evidence that there
existed immediately prior to or at the time of the suspension an immediate
and serious threat to the public health, safety or welfare. The hearing
officer shall issue a written decision which contains a summary of
the testimony and evidence considered and the reasons for the decision.
B.
Denial, revocation, or refusal to renew a permit.
(1)
If HHS determines that a permit shall be denied, revoked, or not
renewed pursuant to this chapter, HHS shall initiate a hearing in
accordance with 801 CMR 1.00 et seq., as amended.
(2)
Following the hearing, the hearing officer shall issue a written
decision that contains a summary of the testimony and evidence considered
and the reasons for the decision.
HHS shall refer to the appropriate district attorney, attorney
general, or other law enforcement official any incidents of unauthorized
practice of body art.
A.
The provisions of this chapter may be enforced by any police officer,
any special police officer designated by the Board of Police Commissioners
to do so, employees of the Code Enforcement Department and the Health
and Human Services Department. The Housing Court may enjoin violations
of this chapter.
B.
Violations and penalties.
(1)
Any person who violates the provisions of this chapter shall be subject
to a fine in the amount of $100 for the first offense, $200 for a
second offense, and $300 for a third or subsequent offense committed
within a twelve-month period.
(2)
Whenever the Director determines that a body piercing establishment
permit holder has committed four violations within any period of 365
days, calculated from the date of the first violation, the Director
shall suspend or revoke said permit. The Director shall provide notice
to the permit holder of the intent to suspend or revoke said permit,
which notice shall contain the reasons therefor and establish a time
and date for a hearing before the Director, which date shall be no
earlier than seven days after the date of the notice. The permit holder
shall have the opportunity to be heard at such hearing and shall be
notified of the decision of the Director and the reasons therefor,
in writing. The body piercing establishment shall be closed during
said suspension or revocation of the permit.
(3)
As an alternative to initiating criminal proceedings, violations of this chapter may be enforced in a manner provided in § 1-25 of the City Code and MGL c. 40, § 21D, which procedures are incorporated herein by reference; provided, however, that if a violator fails to follow the procedures and requirement of said § 21D, the fine or fines shall be recovered by indictment or a complaint pursuant to MGL c. 40, § 21.
