Chapter 17.87 — TATTOO AND BODY PIERCING PARLORS

The standards and criteria established in this chapter shall apply to any business enterprise or land use in the City of Coachella that engages in tattooing and/or body piercing.

(Ord. No. 1033, § 1, 1-11-12)

For the purposes of this chapter, the following terms shall have the following meanings:

"Body piercing" means 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.

"Body piercing parlor" means any establishment where body piercing is conducted.

"Branding" means 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.

"Extreme body modifications" means the practice of modifying the physical body using the techniques of branding, scarification, or body sculpting through the insertion of balls, beads, or other hard objects concealed under the skin.

"Permanent cosmetics" means 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.

"Scarification" means 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.

"Tattooing" means 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.

"Tattoo parlor" means any establishment where tattooing or permanent cosmetics is conducted.

"Tattoo artist or practitioner" means any person engaged in the act of tattooing, body piercing, or permanent cosmetics.

(Ord. No. 1033, § 1, 1-11-12)

All proposed tattoo and body piercing parlors shall obtain approval of a conditional use permit by the planning commission and shall comply with the regulations contained in this chapter prior to obtaining a certificate of occupancy or business license for the use.

A.

Allowable Locations. Tattoo and body piercing parlors may be permitted in the C-G (general commercial) and MS (manufacturing service) zoning districts, subject to obtaining a conditional use permit as specified in Section 17.74.010 of this title.

B.

Prohibited Locations. Tattoo and body piercing parlors shall be prohibited in any agricultural, residential, commercial-tourist, industrial, public, manufacturing, transportation, and open space zoning district.

C.

Required Findings. In addition to the findings required in Section 17.74 020 the planning commission must make a finding that the proposed tattoo and body piercing parlor complies with the minimum development and operational standards contained in this chapter.

(Ord. No. 1033, § 1, 1-11-12)

Business enterprises which engage in the performance of extreme body modifications services, as defined in this section, are prohibited in all zones throughout the City of Coachella. 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 of the City of Coachella. The establishment, maintenance or operation of any business enterprise which conducts extreme body modification services with the city limits is declared to be a public nuisance and may be abated by the city either pursuant to Chapters 3.34 through 3.56 (code enforcement) of the Coachella Municipal Code or any available legal remedies and/or civil injunctions.

(Ord. No. 1033, § 1, 1-11-12)

The establishment of any tattoo and/or body piercing parlor shall be permitted only in the particular zones and locations, as set forth in Section 17.87.040 and in compliance with the following requirements:

A.

The use shall not be located within one thousand (1,000) feet of any other tattoo and/or body piercing parlor.

B.

The use shall not be located within five hundred (500) feet of any church, religious institution, public or private school, large-scale child day care facility, boys club, girls' club, or similar existing youth organization, public park or recreation area, or any public facility regularly frequented by children such as a library or community center.

C.

The use shall not be located within one thousand (1,000) feet of any existing sexually oriented business.

D.

The use shall not be within five hundred (500) feet of any existing residence.

E.

The use shall not be within two hundred fifty (250) feet of any business selling alcoholic beverages for offsite consumption.

(Ord. No. 1033, § 1, 1-11-12)

For the purposes of separation requirements pursuant to Section 17.87.050, the distance measured shall be from the exterior walls of the proposed tattoo and/or body piercing parlor to the nearest exterior wall of any other tattoo and/or body piercing parlor, sexually oriented business, church, religious institution, child

day care facility, boys' club, girls' club, or similar existing youth organization, and from any business selling alcoholic beverages for off-site consumption. The distance from a residence, public park or recreation area, or public facility regularly frequented by children shall be measured from the exterior walls of the proposed tattoo and/or body piercing parlor to the nearest property line abutting the residence, public park or recreation area, or public facility regularly frequented by children such as a library or community center.

(Ord. No. 1033, § 1, 1-11-12)

A business license, pursuant to the provisions in Chapter 5.04 of the Coachella Municipal Code, shall be required prior to operating a tattoo establishment and/or body piercing establishment. A business license shall not be authorized unless sufficient evidence is provided that proprietors of the tattoo and/or body piercing parlor have registered with the Riverside County Health Department pursuant to Section 119303 of the California Health and Safety Code, and that the proposed location has complied with all provisions of this chapter.

(Ord. No. 1033, § 1, 1-11-12)

A tattoo and/or body parlor shall operate in conformance with the following standards:

A.

Hours of operation shall be limited to: Monday through Saturday from 9:00 a.m. to 9:00 p.m. and Sunday from 10:00 a.m. to 9:00 p.m.

B.

Adequate security and lighting shall be provided to ensure the safety of persons at all times subject to review and approval by the chief of police and planning director.

C.

There shall be no on-site consumption, sale and/or possession of alcoholic beverages.

D.

There shall be no on-site smoking or sale of tobacco products.

E.

There shall be no loitering at or near the facility during or after the hours of operation.

F.

All tattoo artists shall agree to be fingerprinted for a background investigation through the Riverside County Sheriff's Department or other approved agency prior to conducting any tattooing or body piercing work. Any prior history within the past five years involving gang-related activity, acts of violence or Health and Safety Code drug convictions shall preclude the tattoo artist from operating at a proposed tattoo and body piercing parlor. Verification to confirm that the applicant is not a registered sex offender (as defined under California Penal Code Section 290) shall be a part of the background investigation. No person who is a registered sex offender, as defined under California Penal Code Section 290, shall be allowed to own or operate a tattoo and/or body piercing parlor, or be employed at a tattoo and/or body piercing parlor as a practitioner.

G.

All employees shall be at least eighteen (18) years of age. All patrons shall be at least eighteen (18) years of age unless accompanied by a parent or guardian.

H.

All tattoo and body piercing parlors shall post a copy of their approved Riverside County Department of Public Health license and a copy of the conditional use permit conditions of approval in a visible location for patrons to observe.

I.

All tattoo and body piercing parlors shall have signs posted inside the business with following messages:

(1)

No One Under 18 Allowed Unless Accompanied By An Adult

(2)

No Smoking Allowed

(3)

No Alcoholic Beverages Allowed

J.

A customer waiting area of at least one hundred fifty (150) square feet shall be provided for all tattoo and body piercing parlors.

K.

All tattoo and body piercing parlors shall provide one tattooing workstation with a clear unobstructed dimension of five feet by five feet.

(Ord. No. 1033, § 1, 1-11-12)

The establishment, maintenance or operation of a tattoo establishment and/or body piercing parlor in violation of this section, is declared to be a public nuisance and may be abated by the city either pursuant to Title 3 of the Coachella Municipal Code or any available legal remedies and/or civil injunctions. In addition, in the event the tattoo and/or body piercing parlor operates or is maintained in violation of and/or in noncompliance with the city's regulations, as set forth in this section, Health and Safety Code Section 119300 et seq., Chapter 6.1 of the California Health and Safety Code, also known as the Medical Waste Management Act (MWMA) of 1991, or the conditions of approval, the city may commence conditional use permit revocation proceedings, as provided in Section 17.74.050(B) of the city's Municipal Code.

(Ord. No. 1033, § 1, 1-11-12)