A. Purpose and Applicability.
1. This Section provides standards for tattoo and body piercing establishments. The provisions in this Section shall apply to tattoo and body piercing establishments where allowed in compliance with Article 2 (Zones, Allowable Uses, and Development and Design Standards) and the following standards. To promote the public health, safety and welfare and to ensure the appropriate mix of land uses within the City, it is appropriate to establish land use and zoning regulations, as well as locational, developmental, and operational standards and regulations for tattoo and body piercing establishments.
2. Extreme body modification may pose serious negative health risks and complications including bleeding, infections, toxic shock syndrome, meningitis, and staph infections. Moreover, amongst adolescents, tattooing has been associated with delinquency, substance abuse, engagement in risk-taking behavior, and may contribute to youth dropping out of school. The time place and manner restrictions specified in this Section, assist in mitigating the negative secondary effects associated with tattoo and body piercing establishments.
B. Definitions. The following words and phrases shall have the same meanings as specified in California Health and Safety Code Section 119300 et seq. as the same may be amended from time to time, and whenever used in this Section shall be construed as defined in this Section:
1. Body piercing. Body piercing means and includes the creation of an opening in the body of a human being for the purpose of inserting jewelry or other decoration. This includes, but is not limited to, piercing of an ear, lip, tongue, nose, or eyebrow. Body piercing does not include piercing an ear with a disposable, single-use stud or solid needle that is applied using a mechanical device to force the needle or stud through the ear.
2. Body piercing establishment or parlor. Body piercing establishment or parlor means and includes any establishment where body piercing is conducted.
3. Branding. Branding means and includes any method, including, but not limited to, the use of heat, cold, chemical compound, or cauterizing to apply a scar to the body for the purpose of creating a permanent mark or design on the skin.
4. Extreme body modification. Extreme body modification means and includes the practice of modifying the physical body using the techniques of branding and scarification.
5. Permanent cosmetics. Permanent cosmetics means and includes the application of pigments to or under the skin of a human being for the purpose of permanently changing the color or appearance of the skin. This includes, but is not limited to, permanent eyeliner, eye shadow, or lip color.
6. Scarification. Scarification means and includes any method used to alter skin texture by cutting the skin and controlling the body's healing process in order to produce wounds which result in permanently raised welts or bumps, or any other technique that changes the contour, or level plane of the skin and/or results in a scar on the skin.
7. Tattooing. Tattooing means and includes to insert pigment under the surface of the skin of a human being, by pricking with a needle or otherwise, to produce an indelible mark or figure visible through the skin.
8. Tattoo establishment or parlor. Tattoo establishment or parlor means and includes any establishment where tattooing is conducted.
C. Extreme Body Modification Services Prohibited. Business enterprises which engage in the performance of extreme body modification services, as defined in this Section, are prohibited in all zones throughout the City. No permit or any other applicable license or entitlement for use, including but not limited to the issuance of a Business License, shall be approved or issued for the establishment, maintenance, or operation of any business enterprise that engages in the performance of extreme body modification services within the City limits. The establishment, maintenance, or operation of any business enterprise which conducts extreme body modification services within the City limits is declared to be a public nuisance.
D. Separation Requirements.
1. A tattoo and body piercing establishments shall not be located within an 800-foot radius of another tattoo and body piercing establishment or any sensitive use as defined in Article 9 (Definitions), disregarding the corporate boundary of the City.
2. The distance between a tattoo and body piercing establishment and a sensitive use or another tattoo and body piercing establishment shall be made in a straight line, without regard to the intervening structures or objects, from the closest exterior wall of the structure, or a portion of the structure, in which the tattoo and body piercing establishment is located, to the property line of the parcel on which the structure, or portion of the structure, in which the sensitive use or another tattoo and body piercing establishment occurs or is located.
E. Prohibited Hours. A tattoo and body piercing establishments shall not operate between the hours of 10:00 p.m. and 7:00 A.M. each and every day.
F. Minors Prohibited. The tattoo and body piercing establishment operator shall not allow minors to patronize the business, unless accompanied by an adult.
G. Alcoholic Beverage Use and Smoking Prohibited.
1. No person shall be permitted to smoke or consume alcoholic beverages on the inside of a tattoo and body piercing establishment. The sale of cigarettes and alcohol on the premises is prohibited. No intoxicated or disorderly persons shall be allowed to remain on the premises.
2. Signs shall be posted stating this prohibition to the satisfaction of the Director.
H. Security Plan Required. The business operator shall submit a security plan which shall be subject to the review and approval of the Director.
I. Compliance with State and County Laws and Licensing Requirements Required. Full compliance with all applicable State and County laws and licensing requirements is required. (Ord. 935 § 3 (part), 2015)