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A. Establishments and operators operating at the time of the enactment of these regulations shall be given six months to make application to the department and comply with these regulations. Establishments and operators that continue to operate without proper permits from the department, or operate in violation of these regulations, will be subject to legal remedial actions and sanctions as provided by law:

1. Violation of A.R.S. Section 13-3721 (incorporated herein as SCC 8.45.030(A) through (E)) is a class 6 felony;

2. Any person, whether as principal, owner, agent, tenant, employee, or otherwise, who violates any provision of this section, or fails to comply with any provision of this section, shall be deemed guilty of a class 1 misdemeanor and, upon conviction thereof, shall be punishable as provided in SCC 1.15.010. The conviction of any person hereunder shall not relieve such person from the responsibility to correct such violation, nor prevent the enforcement, correction, or removal thereof in any manner authorized by law.

B. A representative of the department or the code enforcement section of the Sedona community development department shall properly identify himself or herself before entering a body art establishment to make an inspection. Such an inspection must be conducted as often as necessary throughout the year to ensure compliance with these regulations.

C. It is unlawful for any person to interfere with the department or the code enforcement section of the Sedona community development department in the performance of its duties.

D. A copy of any inspection report must be furnished to the permit holder or operator of the body art establishment, with the department retaining possession of the original.

E. If, after investigation, the department should find that a permittee or operator is in violation of these regulations, the department may issue a cease and desist order, notify the permittee or operator, in writing, of its findings, and instruct the operator to take specific steps to correct such violations within a reasonable period of time, not to exceed 10 days.

F. If the department has reasonable cause to suspect that a communicable disease is or may be transmitted by an operator, by use of unapproved or malfunctioning equipment, or by unsanitary or unsafe conditions that may adversely affect the health of the public, upon written notice to the owner or operator, the department may do any or all of the following:

1. Issue an order excluding any or all operators from the permitted body art establishment who are responsible, or reasonably appear responsible, for the transmission of a communicable disease until the department determines there is no further risk to public health;

2. Issue an order to immediately suspend the permit of the licensed establishment until the department determines there is no further risk to the public health. Such an order shall state the cause for the action. [Code 2006 § 9-5-15. Ord. 2003-01, 1-14-2003].