16 Del. Admin. Code § 4451-3.0
Current through Register Vol. 28, No. 7, January 1, 2025
Section 4451-3.0 - Preoperational Requirements3.1 Permits 3.1.1 No person shall operate a body art establishment who does not have a valid permit issued by the Division. Only a person who complies with the requirements of these Regulations shall be entitled to receive or retain such a permit.3.1.2 An establishment's valid permit shall be posted in a location easily observed by the customer.3.1.3 Permits shall not be transferable from person to person or from location to location.3.1.4 When a body art establishment changes ownership, management firm, or lessee, both the facility and its operation shall be brought into full compliance with these Regulations prior to the issuance of a permit. A variance may be issued, as provided by these Regulations.3.1.5 Establishments in compliance with these Regulations shall be issued a permit in accordance with Section 3.2 of these Regulations. Establishments that continue to operate without proper permits from the Division or operate in violation of these Regulations will be subject to legal remedial actions and sanctions as provided by law.3.2 Classification of Body Art Establishment Permits 3.2.1 Permanent permit - a permit issued for businesses that operate at a fixed location. A permanent permit is valid for one year from the date of issuance.3.2.2 Mobile permit - a permit issued to an enclosed vehicle which meets all the requirements of these Regulations and which does not operate at a fixed location. A mobile permit is valid for one year from the date of issuance.3.2.3 Temporary permit - a permit issued for educational, trade show or product demonstration purposes only. A temporary permit is valid for fourteen (14) calendar days from the date of issuance.3.2.4 Restricted permit - a permit issued to an establishment that is not approved to provide full services because of certain limitations. A restricted permit shall not be valid for longer than one year from the date of issuance.3.3 Issuance of Permits 3.3.1 Any person desiring to operate a body art establishment shall make written application for a permit. Such application shall be made on forms provided by the Division and shall include the name and address of each applicant, the location and type of the proposed establishment and the signature of each applicant. Payment of a $100 fee shall accompany the application and be remitted with the initial or annual renewal application.3.3.2 Upon issuance of an application and the fee, an applicant shall permit the Division to enter the proposed body art establishment to conduct an inspection.3.3.3 The Division shall issue a permit to the applicant if its inspection reveals that the proposed body art establishment complies with these Regulations.3.3.4 A permit is no longer valid upon occurrence of one or more of the following events: the establishment is closed for a period of sixty (60) days or more; a new owner, firm, or lessee takes possession of the establishment; or the permit is revoked by the Division for violation of these Regulations.3.4 Submission of Plans 3.4.1 Whenever a body art establishment is constructed, undergoes physical alteration, or an existing structure is converted for this purpose, properly prepared plans and specifications shall be submitted to the Division. After review, a Certificate of Approval with conditions will be issued, and the establishment shall comply with the requirements.3.4.2 Body art establishments applying for permit after adoption of these Regulations shall submit a scale drawing and floor plan of the proposed establishment for a plan review by the Division as part of the Permit Application process. The Division may charge a reasonable fee for this review.16 Del. Admin. Code § 4451-3.0