Chapter 125 — TATTOO AND BODY ART ESTABLISHMENTS

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

BODY ART. Shall mean any act of body piercing, tattooing, branding or scarification.

BODY PIERCING. Shall mean the creation of an opening in the body of a human being for the purpose of inserting jewelry or other decoration. This includes, but it not limited to piercing of an ear, lip, tongue, nose, or eyebrow. BODY PIERCING does not, for the purpose of this chapter, 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.

BRANDING. Shall mean the use of super-heated metal object, chemical, or electricity to burn an image into the human body.

DRUG PARAPHERNALIA. Means all equipment, products and materials of any kind which are designed for use or marketed for use, in planting, propagating, cultivating, growing, or harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance as further defined in Health and Safety Code section 11014.5.

PERMANENT COSMETIC FACILITY. Shall mean any premise or establishment and facilities incidental thereto which involves the application of pigments to or under human skin for the purpose of permanently changing the color or other appearance of the skin. This includes but is not limited to permanent eyeliner, eye shadow, or lip color. SCARIFICATION. Shall mean the use of methods or techniques to produce scars on the human body for decorative purposes, including but not limited to cutting and skin peeling.

TATTOO and TATTOOING. Shall mean the process of marking or coloring skin using the method of placing designs, letters, scrolls, figures, symbols, or other marks upon or under the skin with ink or any other substance resulting in the coloration of the skin by the aid of needles or any other instrument designed to penetrate the skin. TATTOO ESTABLISHMENT or BODY ART ESTABLISHMENT. Shall mean any premises or establishment and

facilities incidental thereto which engages in the business of marking or coloring skin, which is the method of placing designs, letters, scrolls, figures, symbols, or other marks upon or under the skin with ink or any other substance resulting in the coloration of the skin by the aid of needles or any other instrument designed to penetrate the skin. TATTOO ESTABLISHMENT or BODY ART ESTABLISHMENT shall include any premises or establishment and facilities incidental thereto that engages in any form of permanent alteration to one's skin or body parts including, but not limited to, body piercing, scarification, and branding. TATTOO ESTABLISHMENT or BODY ART ESTABLISHMENT shall not include a permanent cosmetic facility.

(Ord. 2015-001, passed 2-24-15)

(A) Any person, firm, corporation or partnership desiring to obtain a license to operate a tattoo establishment or body art establishment shall file a complete application with all required documentation under penalty of perjury of the laws of the state. The application shall be in a form prescribed by the city and shall be accompanied by a copy of the current and complete health permit issued by the local enforcement agency and a copy of the certificate of registration for all practitioners performing tattooing or other body art.

(B) The tattoo establishment or body art establishment license shall be renewed each year at the same time that the tattoo establishment or body art establishment renews its business license with the city.

(C) The license is valid only for the location of the facility and the time period indicated on the license and may not be transferred to another owner or facility.

(D) The city shall promptly reject as incomplete any application which does not meet all the requirements of this chapter. Upon written request of the applicant, the city shall notify the applicant in writing, by first class mail, postage prepaid, to the address supplied to the city by the application, of the deficiencies in the application. (Ord. 2015-001, passed 2-24-15)

(A) Upon receipt of a complete application, all supplemental required information, and payment of all required fees, the city's community development director shall refer the application to all appropriate city agencies including building, planning, police and fire departments. The departments shall review the application, and where necessary, the proposed location of the tattoo establishment or body art establishment may be inspected. The community development director may request any further information which is reasonably related to the licensing requirement of this chapter. Based on this review, the community development director shall grant or deny the tattoo establishment or body art establishment license.

(B) The community development director shall grant a tattoo establishment or body art establishment license where it finds that the establishment, maintenance or operation of the tattoo establishment or body art establishment, under the circumstances of the particular case, will not be detrimental to the health, safety, and general welfare of persons residing or working in the neighborhood or area of the tattoo establishment or body art establishment or will not be detrimental or injurious to property and improvements in the neighborhood or area or to the general welfare of the city.

(C) If the community development director, following investigation of the applicant, determines that the applicant does not fulfill the requirements set forth in this chapter, the community development director shall deny the application by written notice sent via U.S. mail. Following the denial or revocation of a tattoo establishment or body art establishment license, no application for a tattoo establishment or body art establishment may be filed by such applicant, at the same or substantially the same location for at least one year following the date of such denial or revocation.

(Ord. 2015-001, passed 2-24-15)

(A) Upon payment of all fees and successful verification of all requirements of this chapter, a tattoo establishment or body art establishment shall be issued a tattoo establishment or body art establishment license by the city.

(B) Any person, firm, corporation or partnership denied a license pursuant to this chapter may appeal the denial in writing pursuant to the procedures specified in § 153.218: Appeal.

(Ord. 2015-001, passed 2-24-15)

(A) Tattoo establishments and body art establishments shall not be located within 1,000 feet of any other tattoo establishment or body art establishment as measured from any point from the outer boundaries of the building lease space containing the tattoo establishment or body art establishment to the nearest property line of the site containing the existing tattoo establishment or body art establishment.

(B) The tattoo establishment or body art establishment shall not be located within 500 feet of any adult entertainment business, as defined in Chapter 118, as measured from any point from the outer boundaries of the building lease space containing the tattoo establishment or body art establishment to the nearest property line of the site containing the existing adult entertainment business.

(C) The tattoo establishment or body art establishment shall not be located within 500 feet of any business selling alcoholic beverages for on premise consumption as measured from any point from the outer boundaries of the building lease space containing the tattoo establishment or body art establishment to the nearest property line of the site containing the existing business selling alcoholic beverages.

(D) The tattoo establishment or body art establishment shall not be located within 100 feet of any business selling alcoholic beverages for off premise consumption as measured from any point from the outer boundaries of the building lease space containing the tattoo establishment or body art establishment to the nearest property line of the site containing the existing business selling alcoholic beverages.

(E) The tattoo establishment or body art establishment shall not be located within 100 feet of any existing residential zone as measured from any point from the outer boundaries of the building lease space containing the tattoo establishment or body art establishment to the nearest property line of a residentially zoned property.

(F) The tattoo establishment or body art establishment shall not be located within 500 feet of a school, park, day care center or family day care home as measured from any point between the outer boundaries of the lease space containing the tattoo establishment or body art establishment to the nearest property line of the school, park, day care center, or family day care home.

(G) All business activities of the tattoo establishment or body art establishment shall take place entirely within the building and in compliance with the requirements under the Stanislaus County Body Art Program established under the requirements of Health and Safety Code, Chapter 7, commencing with Section 119300.

(Ord. 2015-001, passed 2-24-15)

The Community Development Director shall annually establish hours of operation for all tattoo establishments or body art establishments that operated in the city.

(Ord. 2015-001, passed 2-24-15)

In addition to any other procedures regarding the enforcement of this code, or other local, state or federal law, a license issued under this chapter may be revoked if any of the following provisions or requirements is violated:

(A) All offering of services and merchandise shall take place only within the building. Should other retailers within a commercial center in which the tattoo establishment or body art establishment is located complain about harassment of customers, this is prima facie evidence of non-compliance with this requirement to contain body art business activities.

(B) All tattooing and other body art activities shall take place in a room or space that conceals the activity from the view of individuals outside the business.

(C) The tattoo establishment or body art establishment must not jeopardize or endanger the public health and safety of persons residing or working in the surrounding area.

(D) The tattoo establishment or body art establishment shall not result in repeated nuisance activities within the premises or in close proximity of the premises. Nuisance activities include but are not limited to disturbing the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assault, battery, acts of vandalism, excessive littering, loitering, graffiti, illegal

parking, excessive loud noises, especially late at night or in the early morning hours, traffic violations, curfew violations, lewd conduct, or police detentions and arrests.

(E) The tattoo establishment or body art establishment and each tattoo artist or body art practitioner shall be in full compliance with the provision of AB 300, the Safe Body Art Act, Health and Safety Code §§ 119300 et seq. (F) The tattoo establishment or body art establishment and each tattoo artist or body art practitioner shall meet all the requirements, health and safety standards, and proper handling and disposal of medical waste as required by the Stanislaus County Environmental Health Division under the Safe Body Art Program.

(G) The tattoo establishment or body art establishment shall not violate any other applicable local, state, or federal regulation.

(H) The tattoo establishment or body art establishment shall not allow the sale of drug paraphernalia at the tattoo establishment.

(Ord. 2015-001, passed 2-24-15)