§ 9138.92. Tattoo Service. — Carson Zoning Code

A. Purpose and Intent.
1. The permit requirements and restrictions imposed by this Section are reasonably necessary to protect the health, safety, and welfare of the citizens of the City of Carson.
2. The restrictions and requirements contained in this Section are intended to reduce the burden on the Sheriff's Department and the City of Carson Code Enforcement Division in the regulation of tattoo services.
3. The restrictions and requirements contained in this Section are intended to be in addition to the requirement of a valid business license issued by the Business License Division.
4. The regulations and restrictions contained in this Section are intended to bear a reasonable and rational relationship to the goals sought to be achieved by the City of Carson as described in the General Plan.
B. Definitions. For the purpose of this Section, the following definitions apply:
1. "Body Pierce"

means to puncture, perforate, or penetrate a human body part or tissue with an object, appliance, or instrument for the purpose of placing a foreign object in the perforation to prevent the perforation from closing. The puncturing of the outer perimeter or lobe of the ear shall not be included in this definition.

"Tattoo"

means an indelible mark or figure fixed upon a body by insertion of pigment under the skin or by production of scars.

3. "Tattoo Establishment"

means premises used for the business of marking or coloring the skin with tattoos, and all furnishings, equipment, instruments, dyes and inks, and other facilities maintained therein incidental to such use.

"Tattoo Parlor" or "Tattoo Facility" – see "Tattoo Establishment."
"Tattoo Service"

means a business that provides tattoos to customers.

C. Required Registration and Permits.
1. Conditional Use Permit. Pursuant to CMC § 9172.21 , an application for tattoo service shall be subject to the requirements of a Conditional Use Permit, unless otherwise specified

herein. The Planning Commission has the authority to approve such Conditional Use Permit.

Business License.
- a. No person shall engage in, conduct or carry on, or permit to be engaged in, conducted or carried on, in any location within the City, the business or operation of a tattoo establishment, and no person shall manage a tattoo establishment, without first obtaining a valid business license issued by the Business License Division.
- b. Each person providing tattoo service in a tattoo establishment who is not a paid employee of said establishment, but is contracted or otherwise paid apart from the establishment, must obtain a separate business license. Paid employees of the establishment need not obtain a separate business license.
Registration. Every person conducting tattoo services, as defined in this Section, or desiring to conduct such activity, on or after the effective date of the ordinance, shall register with the Los Angeles County Health Department in compliance with applicable County codes.
Public Health Facility and Public Health Operator Permits.

a. Every person owning a tattoo establishment shall, within one (1) year of the effective date of the ordinance codified in this Section and in compliance with CMC § 9182.22(A) , or prior to the operation of a tattoo establishment, obtain and maintain a valid public health facility permit in compliance with applicable County codes.
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- b. Every person conducting tattoo activity shall, within one (1) year of the effective date of the ordinance codified in this Section and in compliance with CMC § **9182.22(A)** , or prior to conducting any tattoo service, obtain and maintain a valid public health operator permit in compliance with applicable County codes. 
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D. Posting Requirements.
1. The public health facility permit issued to the owner of any facility operating as a tattoo establishment must be posted and exhibited at all times in an area that is visible to the public and clients of said establishment.
2. The public health operator permit issued to a person providing a tattoo service must be posted and exhibited at all times in an area that is visible to the public and clients of any tattoo establishment in which tattoo services are provided.
3. Every person registered with the department shall at all times prominently post the certificate of registration adjacent to his or her workstation in an area that is readily visible to clients from that location.
E. Communicable Disease Control. If the City of Los Angeles County Health Department has reasonable cause to suspect a communicable disease is, or may be, transmitted by any person conducting activities regulated by this Section, or by any use of contaminated equipment, or by other unsanitary or unsafe conditions which may adversely impact the public health and safety, the City of County Health Department may do any or all of the following:
1. Issue an order excluding from the permitted tattoo establishment any person responsible for transmitting a communicable disease, or reasonably believed to be responsible for transmitting a communicable disease, or reasonably believed to pose a substantial risk of transmitting a communicable disease, until the City or Los Angeles County Health Department determines there is no further risk to the public health and safety.
2. Issue an order to immediately suspend the public health facility permit issued to the owner of the tattoo establishment until the City or Los Angeles County Health Department determines there is no further risk to the public health and safety.
3. Issue an order to an owner, an employee or a client of a tattoo establishment, to provide information reasonably deemed necessary to prevent the spread of communicable disease.
F. Inspections. Any and all tattoo establishments shall permit City officers, including code compliance officers, to inspect any premises providing tattoo services for compliance with applicable codes.
G. Violation and Noncompliance.

Penalty. Any person who operates a tattoo establishment in violation of this Section shall be guilty of a misdemeanor, punishable by a fine not to exceed $1,000, imprisonment in the county jail for a period not to exceed six (6) months, or both.
1. Injunctive Relief. Any act or failure to act which is a violation of this Section may be the subject of a civil action to enjoin the person so acting or failing to act to conform his or her conduct to the provisions of this Code. The filing and prosecution of such an action shall, in no way, limit the authority or ability to impose other requirements of this Section or penalties enumerated hereunder.
2. Owner Responsibility. The owner of a tattoo establishment is responsible for any violation by any person who does any tattoo service with the owner's consent, or in the owner's tattoo establishment, whether such person is an employee or a tattoo technician independent operator. Any such tattoo activity done with the owner's actual or constructive knowledge is presumed to be done with the owner's consent.

H. Exceptions.
1. The required permits described in this Section shall not apply to, have no effect upon, and shall not be construed as applying to the application of permanent make-up or cosmetic reconstruction applied by a licensed practitioner, licensed cosmetician, or licensed electrologist as defined in the California Business and Professions Code , and has received additional training in the procedures, practices and techniques of permanent make-up application and cosmetic reconstruction.
2. Any person claiming exemption under this Section shall furnish satisfactory evidence that he or she is entitled to such exemption, including proof of bona fide employment, or if applicable, a citation or certification to the particular provision of the Business and Professions Code upon which that person relies.
3. A person who exclusively engages in the piercing of the leading edge or earlobe of the ear shall be exempt from the permitting and registration requirements of this Section, provided he or she does the following:
  - a. Performs the procedure through the use of an approved ear perforating mechanical device to force the single-use stud or single-use needle through the tissue of the ear; and
  - b. Utilizes a sterile, disposable, single-use stud or single-use solid needle.
I. Severability. If any provision of this Section or the application thereof to any person or circumstance is held invalid, the remainder of the Section or the application of such provision to other persons or circumstances shall not be affected thereby.
(Ord. 06-1349 § 4)