8.20.140 Notice and penalty.
A. Any person found to be violating any applicable rule, law, regulation or this chapter may be served by the Health Officer with (1) a written order stating the nature of the violation and providing a time limit for satisfactory correction thereof; (2) a citation giving notice of an impending enforcement action; or (3) both an order and citation.
B. After receiving an order in writing from the Health Officer, the person shall comply with the provisions of the order and within the time limit specified therein. The order shall be served on the owner of an establishment or the agent of the owner, and any provider and on any person who has assumed the duty of complying with the provisions of an order.
C. The Health Officer may suspend, deny a permit, revoke a permit or refuse to renew a permit for practitioners and establishments on the following grounds, each of which, in and of itself, shall constitute full and adequate grounds for suspension, denial, revocation or refusal to renew a permit:
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, as evidenced by filing of criminal proceedings and regardless if such charge has resulted in a conviction, and which conduct the Health Officer determines to be of such a nature as to render the establishment, practitioner, or applicant unfit to practice body art.
4. Any present or past violation of the Department’s regulations governing the practice of body art.
5. Practicing body art while the ability to practice body art is impaired by alcohol, drugs, physical disability or mental instability.
6. Knowingly permitting, aiding or abetting an unauthorized person to perform activities requiring a permit.
7. Continuing to practice while his/her permit is lapsed, suspended, or revoked.
8. Having been disciplined in another jurisdiction by the proper permitting authority for reasons substantially the same as those prohibited by this chapter; and
9. Other just and sufficient cause which the Health Officer may determine would render the establishment practitioner or applicant unfit to practice body art.
D. The written denial or revocation shall state the following:
1. The basis for the denial or revocation.
2. The method or methods available for compliance, if applicable.
3. The time frame for compliance, if applicable.
4. That the owner has the right to appeal the denial or revocation.
5. The procedure for registering any such appeal as set forth in JCC 8.20.150.
E. Applicants denied a permit may reapply at any time after denial.
F. The Health Officer shall issue emergency closure for an establishment for any of the following reasons:
1. Failure to possess a valid permit required by this chapter.
2. The presence of any condition that poses an imminent health hazard or substantial harm to the public health and safety.
G. Any closure order will be in writing. The order shall identify the establishment, describe the specified grounds upon which closure is based, direct the immediate closure of the establishment and vacating of the premises by clients, list the corrective actions necessary to re-open the establishment, and state that an administrative hearing under JCC 8.20.150 may be requested by the holder of the permit. The order shall be served in person on the holder of the permit, or person in charge of the establishment.
H. The Health Officer may rescind any emergency closure at any time with or without a hearing if it is determined that the reason for the suspension no longer exists.
I. Failure to comply with a closure order shall constitute a violation of this chapter and the violator shall be subject to the penalties prescribed in this chapter.
J. Any person who shall violate any of the provisions of this chapter shall be liable for an ordinance violation upon the entry of judgment, and the violator shall be punished by a fine in the amount of $300.00 and $50.00 each day thereafter until the Health Officer has confirmed that the violation has been corrected. The $300.00 fine shall be effective on the earliest date the violation was proved to have occurred. Per-day penalties shall be assessed on the basis that the violations have remained uncorrected over the period of time between inspections by the Health Officer.
K. Any person violating any of the provisions of this chapter shall be and become liable to Jasper County for any expense, loss or damage occasioned by reason of such violation, including legal fees, court costs, and administrative costs in the enforcement of this chapter.
L. The Jasper County Board of Health shall also be entitled to seek any other legal remedy or redress against any person, firm, or corporation who shall violate the provisions of this chapter. [Ord. 09-06-22 § 1.]