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Body Art

Southern Nevada Health District Regulations Governing the Sanitation and Safety of Tattoo Establishments

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Section 14 — Enforcement

14.1 Cease and Desist Orders and tattoo establishment Closure Orders

If any violation or combination of violations noted on the inspection report constitutes a substantial threat to health and safety, then the following actions may be taken by the Health Authority:

14.1.1 If a substantial health hazard exists and is limited to a distinguishable area or function of the tattoo establishment, then a Cease and Desist Order shall be issued by the Health Authority for that area or function. The Cease and Desist Order shall describe the violation, its location within the tattoo establishment, the corrective action necessary to remedy the situation, and a time frame within which the corrective action must be completed. That area or function is considered closed to patron or staff use. Other areas may continue to function as normal as long as the area where activities have been directed to cease does not constitute a substantial health hazard to areas remaining in operation.

14.1.2 Areas or functions of a tattoo establishment ordered to cease and desist operation may not resume their functions until released by the Health Authority.

14.1.3 When a substantial part of a tattoo establishment and/or its functions and services are issued a Cease and Desist Order or are closed, then the facility may be issued a tattoo establishment Closure Order. This Order requires that all activities related to the entire establishment’s operation must cease until the substantial health hazards noted on the Order are corrected and a satisfactory reinspection has occurred.

14.1.4 If a violation exists that is considered not critical to the operation of the tattoo establishment and does not present an imminent threat to public health and safety, then it shall be noted on the inspection report, given a corrective action to remedy the violation, and a timeframe in which to perform the corrective action. Correction of the violation shall occur within the dictated time frame and may be reinspected at that time or upon the next routine inspection.

14.2 Reinspection protocol for Cease and Desist Orders and tattoo establishment Closure Orders

14.2.1 A tattoo establishment which has any area ordered to cease and desist operation or has been entirely closed due to a substantial health hazard must pay a reinspection fee and closure fee prior to requesting a reopening inspection of the area(s) in question (see the current edition of the Southern Nevada Health District Fee Schedule).

14.2.2 Once the tattoo establishment pays the reinspection fee and closure fee and requests the reinspection, the Health Authority shall reinspect, or make mutually agreed upon arrangements with the responsible person to reinspect, within 72 hours of the receipt of the request.

14.3 Tattoo establishment Health Permit suspension

14.3.1 When conditions at the tattoo establishment result in the issuance of a tattoo establishment Closure Order or when the responsible person fails to remedy deficiencies previously addressed in an inspection report, Cease and Desist Order, or Closure Order, the Health Authority may suspend the tattoo establishment’s Health Permit.

14.3.2 The Health Authority may also suspend a tattoo establishment Health Permit or business operation if the Health Authority has reasonable cause to suspected that:

14.3.2.1 The tattoo establishment does not have a valid tattoo establishment Health Permit, license, or other authorization required by applicable agencies of jurisdiction.

14.3.2.2 An unabated substantial health hazard is present, which may cause illness, injury, or death of patrons, operators, other employees, or others in or near the establishment;

14.3.2.3 Knowingly allows illegal activity to occur at the tattoo establishment, which may cause potential illness, injury, or death of patrons or employees or others in or near the tattoo establishment;

14.3.2.4 A communicable disease is being transmitted, or may be transmitted by a tattoo operator;

14.3.2.5 Unapproved or malfunctioning equipment is being used which constitutes a substantial hazard to public health;

14.3.2.6 Prohibited acts as defined by these Regulations are being performed at the tattoo establishment;

14.3.2.7 The tattoo establishment is engaging in the sale, use, or promotion of substances or devices claiming to remove or alter tattoos or permanent makeup by methods other than camouflage;

14.3.2.8 The tattoo establishment is engaged in the development, distribution, sale, advertisement, use, or has other involvement with a misbranded or adulterated cosmetic, drug, or device;

14.3.2.9 Rents, leases, or otherwise uses a room or area within the tattoo establishment which has been closed by the Health Authority.

14.4 Procedure for request of tattoo establishment Health Permit reinstatement

14.4.1 When a tattoo establishment Health Permit has been suspended, a responsible person representing the facility may make application for a reinspection, which may result in the reinstatement of the tattoo establishment Health Permit.

14.4.2 The applicant must provide to the Health Authority a written request for reinspection and reinstatement within ten (10) calendar days of the initial suspension of the Health Permit.

14.4.3 Following a timely review of the application, the Health Authority shall make a reinspection of the tattoo establishment.

14.4.4 The Health Authority shall determine if the conditions have been corrected, which caused the threat to public health and resulted in the suspension of the tattoo establishment Health Permit.

14.4.5 Unless the Health Authority is pursuing permanent revocation of the tattoo establishment Health Permit, if the conditions have been corrected and the applicant is complying with the requirements of these Regulations, the tattoo establishment Health Permit shall be reinstated.

14.5 Tattoo establishment Health Permit revocation

14.5.1 The Health Authority may permanently revoke a tattoo establishment’s Health Permit under certain conditions. For serious or repeated violations of any of the requirements of this Regulation or for interference with the Health Authority in the performance of his duties, the tattoo establishment Health Permit or Tattoo Operator Health Card may be permanently revoked after an opportunity for a hearing has been provided by the Health Authority, as outlined in these Regulations.

14.5.2 Health Permit holders, responsible persons, or tattoo operators may be subject to fines and penalties as determined by the Administrative Hearing Officer upon each notice of violation upheld for each offense taken before administrative hearing. If a tattoo establishment Health Permit holder, responsible person, or tattoo operator violates any of the provisions of these Regulations after three (3) consecutive inspections, then their privileges to operate may be revoked. Before taking such action, the Health Authority shall notify the tattoo establishment Health Permit holder, responsible person, or tattoo operator, in writing, stating the reasons why the tattoo establishment Health Permit or Tattoo Operator Health Card is subject to revocation and advising the affected parties of the requirements for filing a request for an administrative hearing. A tattoo establishment Health Permit or Tattoo Operator Health Card may be suspended for cause pending its revocation or an administrative hearing.

14.5.3 Upon receipt of the revocation Order (Notice of Revocation), the tattoo establishment must cease immediately all provision of any tattoo services or adjunct services. The tattoo establishment must close all facilities such as retail sales operated under the tattoo establishment Health Permit pending a hearing pursuant to an exercised right of appeal. Revocations are intended to result in permanent closure of the tattoo establishment. The tattoo establishment may seek relief through the appeal process outlined in these Regulations.

14.6 Appeal rights

Upon written petition submitted to the Health Authority within five (5) business days after receipt of a Notice of Suspension or Revocation of a tattoo establishment Health Permit, the recipient of the written Notice may exercise his right of appeal and must then be afforded a hearing as soon as possible, and in any event in not more than ten (10) business days from the receipt of the petition by the Health Authority. Hearings shall be conducted by a Health Authority Administrative Hearing Officer and in accordance with the following:

14.6.1 Any party may be represented by counsel.

14.6.2 Opportunity shall be afforded all parties to respond and present evidence and argument on all issues involved.

14.6.3 Each party may call and examine witnesses, introduce exhibits, cross-examine of opposing witnesses on any matter relevant to the issues whether or not the matter was covered in the direct examination, impeach any witness, regardless of which party first called him to testify, and rebut the evidence against the party itself.

14.6.4 Every witness shall declare, by oath or affirmation, that he will testify truthfully. Unless limited by a specific statute, the Administrative Hearing Officer may administer oaths or affirmations to witnesses appearing before him in the hearing.

14.6.5 Irrelevant, immaterial or unduly repetitious evidence must be excluded. Evidence may be admitted, except where precluded by statute, if it is of a type commonly relied upon by reasonable and prudent persons in the conduct of their affairs. Effect shall be given to the rules of privilege recognized by law. Objections to evidentiary offers may be made and shall be noted in the record. Subject to these requirements, when a hearing will be expedited and the interest of the parties will not be prejudiced substantially, any part of the evidence may be received in written form.

14.6.6 The Administrative Hearing Officer may issue subpoenas to compel attendance of any person at the hearing, and require the production of books, records and other documents material to a hearing.

14.6.7 The Administrative Hearing Officer may inquire of any witness following any segment of testimony.

14.6.8 Members of the public may testify in cases before the Administrative Hearing Officer.

14.6.9 All testimony shall be recorded verbatim, by human or electronic means. Any party requesting a transcript of any oral proceeding, or any part thereof, shall pay the cost thereof.

14.6.10 The decision of the Administrative Hearing Officer must be reduced to writing and shall be final ten (10) days after mailing to by certified mail, return receipt requested or personal service upon each party.

14.6.11 Any party aggrieved by a decision of the Administrative Hearing Officer may seek judicial review of the decision of the Administrative Hearing Officer, in accordance with the provisions of Nevada Revised Statutes (NRS) 233B.130(2), and NRS 233B.131 through 233B.150, inclusive.

14.7 Health Authority additional legal remedy

14.7.1 Whenever the responsible person, operator, or owner fails to comply with the provisions of these Regulations in a timely manner, relief may also be sought through a court of competent jurisdiction.

14.7.2 Whenever responsible persons or tattoo operators are operating without legal authority to do so or in a prohibited manner, such as from their unpermitted, unlicensed private residences, the Health Authority, under its authority granted by NRS 439, may conduct an investigation into the matter. The terms, conditions, and policies of other applicable statutes and ordinances are intended to be applied in conjunction with the enforcement of all other ordinances of the state, county, and its municipalities designed for the protection of the public health, safety, morals, and welfare. The fact that such statutes or ordinances are not specifically referred to in these Regulations in no manner precludes their application to tattoo establishment permittees and tattoo operators.

14.7.3 Licensing authorities shall be notified by the Health Authority of the revocation of any tattoo establishment Health Permit.

 

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