Article 5. Temporary Body Art Facilities of California Health And Safety Code >> Division 104. >> Part 15. >> Chapter 7. >> Article 5.
A practitioner may, in the local jurisdiction of
registration, practice in a temporary demonstration booth for no more
than seven days in a 90-day period. The demonstration booth shall
meet all of the following requirements:
(a) Be located within a building that has hand washing facilities
with hot and cold running water, soap, and single-use paper towels to
which practitioners have direct access.
(b) Constructed with a partition of at least three feet in height
separating the procedure area from the public.
(c) Have floor space of at least 50 square feet for each
practitioner.
(d) Be free of insect or rodent infestation.
(e) Used exclusively for performing body art.
(f) Equipped with adequate light available at the level where the
practitioner is performing body art.
(g) (1) For temporary body art events consisting of one
demonstration booth, the booth shall be equipped with hand washing
equipment that, at a minimum, consists of containerized liquid soap,
single-use paper towels, a five-gallon or larger container of potable
water accessible via spigot, and a wastewater collection and holding
tank of corresponding size. Potable water shall be refilled and the
holding tank evacuated frequently to provide uninterrupted use, or as
determined by the local enforcement agency.
(2) For temporary body art events consisting of two or more
demonstration booths, practitioner hand wash areas shall be provided
throughout the event. The hand wash areas shall be located within a
booth with partitions at least three feet in height separating the
hand wash area from the public. The area shall be equipped with a
commercial, self-contained hand wash station that consists of
containerized liquid soap, single-use paper towels, a storage
capacity of five gallons or more of potable water, and a trash
receptacle. The sponsor shall provide one hand wash area for every
two demonstration booths at the event.
(h) Have smooth, cleanable flooring.
(i) No food, drink, or tobacco products are permitted in the
demonstration booth.
(j) Not allow animals within the confines of the demonstration
booth.
(k) Be operating with all necessary permits to conduct business.
In addition to the penalties available pursuant to Article 6
(commencing with Section 119320), a sponsor or practitioner who
violates this subdivision shall be subject to closure of the
temporary body art event or a penalty not to exceed three times the
cost of the permit or both closure and the penalty.
A local enforcement agency may establish a fee not to
exceed the amount necessary, but that is sufficient to cover, the
actual costs of the administration of Section 119317.
(a) The sponsor of a temporary body art event shall obtain
all necessary permits to conduct business in the jurisdiction where
the event will be held. The sponsor shall submit a complete temporary
facility permit application to the local enforcement agency a
minimum of 30 days prior to the date of the scheduled event. A local
enforcement agency may establish a fee not to exceed the amount
necessary, but that is sufficient to cover, the actual costs of the
administration of this section. In addition to the penalties
available pursuant to Article 6 (commencing with Section 119320), a
sponsor who violates this subdivision shall be subject to closure of
the temporary body art event and a penalty not to exceed three times
the cost of the permit.
(b) The sponsor shall not allow a person to perform body art
procedures at the event unless the person has a valid body art
practitioner registration.
(c) The sponsor of a temporary body art event shall be responsible
for ensuring the availability of support facilities and supplies for
practitioners and vendors, including, but not limited to:
(1) A demonstration booth that meets the requirements of
subdivisions (a) to (k), inclusive, of Section 119317.
(2) Restrooms that have flush toilets supplied with toilet paper,
and hand wash sinks supplied with hot and cold potable running water,
soap, and single-use paper towels to which practitioners have direct
access.
(3) Sharps waste containers for each demonstration booth.
(4) The use of a licensed medical waste disposal company for
removal of all sharps waste containers used during the body art
event.
(5) Frequent trash pickup from demonstration booths.
(6) Wastewater removal and potable water recharge for hand wash
areas at a frequency that will provide uninterrupted use, or as
determined by the local enforcement agency.
(7) When applicable, decontamination and sterilization area that
is separated from a procedure area by at least five feet or by a
cleanable barrier.
(8) Adequate backup supplies that have been stored in compliance
with subdivision (d) of Section 119315 and that can be purchased by
practitioners, including, but not limited to:
(A) Presterilized tattoo needles.
(B) Presterilized needle tubes.
(C) Presterilized piercing instruments, including, but not limited
to, needles, receiving tubes, corks, marking tools, and forceps.
(D) Plastic bags, barrier film, clip cord covers, and plastic
wrap.
(E) Ink cups.
(F) Nitrile and latex gloves.
(G) Single-use tubes of water-based and petroleum-based
lubricants.
(H) Absorbent dressing materials.
(I) All forms and documents required to perform body art,
including, but not limited to, client consent forms, medical history
forms, aftercare instructions, and single-use instrument logs.
(d) The name, telephone number, and directions to an emergency
room near the temporary body art event shall be posted in a
conspicuous location.
(e) Each practitioner working in a booth at a temporary body art
event shall display his or her certificate of registration, or keep
the certificate in a folder that is available for inspection upon
request of the enforcement officer or a client.