(A) Intent. To provide for the orderly regulation of body art establishments and technicians as defined in this code and pursuant to the Merced County Environmental Health Code and state law. It is in the interest of public health, safety and welfare that guidelines are set by providing certain minimum qualifications for body art establishments and the technicians employed by the establishment itself. For the purposes of this chapter, body art includes tattoos, body piercings and permanent makeup.
(B) Permitted use. No body art establishment shall be established or located in any zoning district other than the M-1 Limited Industrial Zone. A use permit is required for each establishment, which will not run with the land. Body art as a home occupation is strictly prohibited.
(C) Development standards. Body art establishments shall comply with the following standards.
1. No persons under the age of 18 shall be permitted within the body art establishment unless accompanied by a parent or legal guardian for the sole purpose of having body art removed.
2. All body art and financial transactions shall occur at the establishment. No employee or owner of the establishment may practice or provide body art to any client at their residence or place of business within city limits.
3. Retail sales of body art associated products on site are only allowed if specifically allowed by the use permit.
4. Hours of operation shall be limited to the hours between 7:00 a.m. and 10:00 p.m.
5. No gang related, racist or pornographic tattoos shall be permitted.
6. One body art establishment is allowed for every 10,000 population upon obtaining said use permit.
7. The operator and/or property owner shall be required to report any illegal activity occurring on the site or associated with the establishment.
8. Each body art establishment shall display in a manner legible and visible to clientele:
(a) Notice that persons under the age of 18 are not allowed in the establishment; and
(b) Notice that all illegal activity will be reported to the police.
9. The establishment shall be operated in strict compliance with regulations and processes adopted by Merced County Environmental Health and the Chief of Police of the city pursuant to Title 10, Chapter 11 of this code. Client information files, including photos and release forms, shall be maintained on site and accessible to the city and county for a minimum of two years.
10. The City Council may consider repeated violations related to the operation of the permittee’s business as cause to revoke the use permit approved under these regulations.
11. Existing permanent cosmetics practitioners shall have six months to comply with the code and obtain a use permit with fees waived.
(D) Exemptions. Physicians licensed in accordance with the state, who perform body art procedures as part of patient treatment are exempt from these regulations. Individuals who pierce only the lobe of the ear with a presterilized single use stud and clasp ear piercing system are exempt from these regulations.
(Ord. 541, passed 4-18-2006)