Pismo Beach Municipal Code Art. II Tattoo Establishments

For the purposes of this article, unless the particular provision or the context otherwise clearly requires, the definitions in this section shall govern the construction, meaning, and application of words and phrases used in this article:

A. "Body piercing" means the creation of an opening in the human body for the purpose of inserting jewelry or decorative objects. This includes but is not limited to piercing of an ear, lip, tongue, nose, belly button, cheek, forehead, or eyebrow. Body piercing does not, for the purpose of this article, include piercing the leading edge or earlobe of the ear with a sterile, disposable, single-use stud or solid needle that is applied using a mechanical device to force the needle or stud through the ear.

B. "Business" includes, but not by way of limitation, everything about which a person can be employed, and means that which occupies the time, attention, and labor of persons for the purpose of producing a livelihood or profit, and connotes the efforts of persons by varied and diverse methods of dealing with each other, to improve their individual economic conditions, and for the purposes of this article shall include, without limitation, the advertising and soliciting of tattooing or body piercing services. The term "business" includes, but is not limited to, a tattoo artist who is the sole owner, operator and employee of a tattoo establishment operating as a sole proprietorship, as well as a tattoo establishment which employs other tattoo artists.

C. "Compensation" means the payment, loan, advance, donation, contribution, deposit, exchange, or gift of money or anything of value.

D. "Employee" means any person employed by a tattoo establishment who may render any service to the business, and who receives any form of compensation from the business.

E. "Health officer" means the person appointed by the county of San Luis Obispo Health Department pursuant to the California Health and Safety Code or their authorized representatives or designees.

F. "Operator" or "tattoo establishment operator" means any and all owners of a tattoo establishment.

G. "Outcall tattooing" means the engaging in or carrying on of tattooing for compensation in a location other than the business operations address set forth on the tattoo establishment business license.

H. "Owner" or "tattoo establishment owner" means any of the following persons:

1. Any person who is a general partner of a general or limited partnership that owns a tattoo establishment.

2. Any person who has a five percent or greater ownership interest in a corporation that owns a tattoo establishment.

3. Any person who is a member of a limited liability company that owns a tattoo establishment.

4. Any person who has a five percent or greater ownership interest in any other type of business association that owns a tattoo establishment.

I. "Person" means any individual, sole proprietorship, firm, association, partnership, corporation, joint venture, limited liability company, or combination of individuals.

J. "Sole proprietorship" means and includes any legal form of business organization where the business owner (sometimes referred to as the "sole proprietor'') is the only person employed by that business to provide tattooing services.

K. "Tattoo establishment" means any business where permanent marking or coloring of the skin is performed by pricking in coloring matter or by producing scars by use of heat, blades, or needles, and which is conducted in exchange for financial or other valuable consideration. Does not include the application of permanent cosmetics (permanent makeup) or tattooing when applied by a licensed dermatologist on premises licensed as a dermatological office. Any business that offers any combination of tattooing and other services shall be deemed a tattoo establishment under this article.

L. "Tattooing" means to pierce or puncture the human skin with a needle or other instrument for the purpose of the application of pigments or the inserting of pigment under the surface of the skin; the application of pigments or inks inserted into or under the skin for the purpose of producing a mark or by production of scars.

(Ord. O-2019-012 § 2 (part), 2019)

At any time after the effective date of this ordinance, no person shall engage in, conduct, carry on, or permit any tattooing, application of permanent makeup, or branding or body piercing within the city of Pismo Beach unless all of the following requirements are met:

A. No new tattoo establishment shall be established or operated within one thousand (1,000) feet from any like establishment. One thousand feet shall be the minimum linear distance between the closest points along the boundaries of the parcel upon which the existing personal services business is located and the parcel upon which the additional personal services business is proposed, respectively, as determined by the community development director or designee.

B. Tattoo establishments shall operate only between the hours of 7:00 a.m. and 10:00 p.m.

C. Service or consumption of alcohol, cannabis-based substances, or other controlled substances shall not be permitted in a tattoo establishment. No smoking shall be allowed inside of a tattoo establishment pursuant to section 6404.5 of the California State Labor Code.

D. "Specified anatomical areas" as defined in Title 17 of this code shall not be exposed in the publicly accessible areas of the tattoo establishment or viewable from the public right-of-way.

E. The operator of a tattoo establishment shall prevent loitering and loud noises around the subject site during and after the hours of business operation.

F. A sign stating, "No tattoo service will be provided for anyone under the age of 18," shall be visible at all times on or immediately adjacent to the front entrance to the tattoo establishment.

G. The operator of a tattoo establishment shall comply with all applicable California and county of San Luis Obispo health regulations including, but not limited to the state Safe Body Art Act regarding the establishment and operation of businesses engaged in tattooing, body piercing and permanent cosmetic application.

H. Tattoo establishments shall be developed and maintained in a neat, quiet, and orderly condition and operated in a manner so as not to be detrimental to adjacent properties and occupants. This shall encompass the maintenance of exterior facades of the building, designated parking areas serving the tattoo establishment, fences and the perimeter of the site (including all public parkways).

I. Exterior security bars and roll-up doors applied to windows and pedestrian building entrances shall be prohibited.

J. The operator of a tattoo establishment shall remove any graffiti found on the exterior of a tattoo establishment not later than twenty-four (24) hours after its appearance.

K. Each tattoo establishment shall have a readily accessible sink that is not in a public restroom and is equipped with hot and cold running water. All tables, chairs, furniture or other procedure surfaces that may be exposed to blood or body fluids during the tattooing or piercing procedure shall be constructed of stainless steel, or other suitable material that will allow complete sanitization, and shall be sanitized between uses with a liquid chemical germicide. For each client, single use disposable barriers shall be provided on all equipment used as part of the procedure that cannot be sterilized. Examples may include, but are not limited to spray bottles, procedure light fixture handles, and tattoo machines.

L. All inks, dyes, and other pigments shall be specifically manufactured for tattoo procedures and FDA-approved. The mixing of approved inks, dyes, or pigments, or their dilution with distilled water or alcohol is acceptable. Immediately before applying a tattoo or permanent cosmetic, the quantity of the dye used shall be transferred from the dye bottle and placed into single use paper or plastic cups. Upon completion of the application, these single use cups and their contents shall be discarded.

M. Tattoo establishments shall have an artificial light source equivalent to twenty (20) foot-candles at least three (3) feet above the floor. At least one hundred (100) foot-candles of light shall be provided at the level where body art procedures are performed, where sterilization takes place, and where instruments and sharps are assembled.

N. The area(s) where tattooing or body piercing are performed must be separated from any retail sales area or any other area that may cause potential cross-contamination of work surfaces.

O. Single-use gloves of adequate size and quality as to preserve dexterity shall be used for touching clients, for handling sterile instruments, or for handling blood or body fluids. Gloves must be changed if they become damaged, come in contact with any non-clean surface or objects, or come in contact with a third person. Gloves shall be discarded after the completion of a procedure on a client.

(Ord. O-2019-012 § 2 (part), 2019)

The investigating and enforcing officials of the city of Pismo Beach and the county of San Luis Obispo, including but not limited to law enforcement, code enforcement, fire officials, health officer, and the director of community development, or their respective authorized representative(s) or designee(s), shall have the right to enter a tattoo establishment from time to time during regular business hours for the purpose of making reasonable inspections to observe and enforce compliance with building, fire, electrical, plumbing, or health regulations, and to enforce compliance with applicable regulations, laws, and statutes, and with the provisions of this article. The Pismo Beach police department, community development department, and fire department may charge a nonrefundable fee for any safety inspections. Such fee shall be established by resolution of the city council. (Ord. O-2019-012 § 2 (part), 2019)