Sec. 26-112. - Body art.

(a)

Body piercing. The practice of body piercing shall be allowed in conjunction only with a beauty shop or jewelry store use. Only body piercing uses shall supply body piercing services to the public. Medical practitioners licensed by the State of California under the Business and Professions Code chapter 5 (commencing with Section 2000 of division 2) who utilize body art activities as part of patient treatment are exempt from the registration and permitting requirements of this division.

(1)

The practice of body piercing shall be subject to and comply with the following standards and regulations:

a.

Body piercing uses established and operated only in the zones specified in article II division 2 and shall occupy no more than ten (10) percent of the gross floor area of the primary business.

b.

Body piercing uses may only be established in permitted businesses with a minimum of one thousand two hundred (1,200) square feet of gross floor area.

c.

The permit required (as specified in article II division 2) shall be obtained prior to establishing a body piercing use. An administrative permit is not required for jewelry stores or beauty shops that offer incidental ear piercing.

d.

The body piercing use shall comply with the Los Angeles County Code Department Regulations Body Art Title 11-Health and Safety Code division 1 - Health Code chapter 11.36-Body Art Establishments and Environmental Health Regulations Part 1 Public Health chapter 36 Body Art Regulations as adopted July 1999 or as may be amended in the future.

e.

A business license as required by chapter 14 of the West Covina Municipal Code shall be obtained prior to the start of the operation.

f.

The Community Development Director or their designee may impose other conditions deemed necessary to reasonably relate to the purpose of this division.

(b)

Tattooing. The practice of tattooing established and operated only in the zones specified in article II division 2 and shall be subject to the permit required (as specified in article VI division 4). Tattooing shall comply with the following standards and regulations:

(1)

Tattooing uses may only be established in a tenant space with a minimum of one thousand (1,000) square feet of gross floor area.

(2)

Tattooing uses shall be located a minimum of three hundred (300) feet from a residential use, religious facility, public parks, or educational institution which is utilized by minors (measured from property line).

(3)

Tattooing uses shall be located more than one thousand five hundred (1,500) feet from the perimeter of the tenant space of any other tattooing use.

(4)

Tattooing uses shall not operate between the hours of 10:00 p.m. and 10:00 a.m.

(5)

Temporary or mobile tattooing uses or events are not allowed by this section.

(6)

The parking requirement for a tattooing use shall be consistent with standards for personal service business. Accessory use tattooing shall comply with the parking requirements for primary use.

(7)

The tattooing use shall comply with the Los Angeles County Code title 7, chapter 7.94, Body Art Establishments.

(8)

A business license as required by chapter 14 of this Code shall be obtained prior to the start of the operation of the use.

(9)

The Planning Commission may impose other conditions deemed necessary to reasonably relate to the purpose of this division.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-113. - Cannabis.

Commercial cannabis uses and activities are prohibited in the City of West Covina, and no commercial cannabis uses shall operate, locate, or otherwise be permitted or established within the City, even if located within or associated with an otherwise permitted use, and neither the City Council nor City staff shall approve any use, interpretation, permit, license certificate of occupancy, zoning code or General Plan amendment allowing the operation and/or establishment of commercial cannabis uses.

(a)

No person shall own, operate, engage with or manage a commercial cannabis activity in the City of West Covina. No person shall lease or offer to lease any facility or any location for a commercial cannabis use in the City of West Covina. No person shall employ any person or be employed at a commercial cannabis business in the City of West Covina, whether or not such employment is on a paid or volunteer basis.

(b)

Personal cultivation. Cultivation of cannabis indoors for personal consumption shall be permitted within a fully enclosed and secure structure by persons twenty-one (21) years of age or older, which shall conform to state law and the following minimum standards.

(1)

The cultivation of cannabis by any person, including primary caregivers and qualified patients, collective, cooperatives or dispensaries, for commercial cannabis activity, as defined in article I division 4 definitions.

(2)

Cannabis plants shall be cultivated by a person or primary caregiver exclusively for personal use only and shall not be donated, sold, distributed, transported, or given to any other person or entity.

(3)

Outdoor cannabis cultivation by any person, including primary caregivers, qualified patients, and dispensaries, for any purpose including medical or non-medical (recreational) purposes is prohibited in all zoning districts within the City of West Covina.

(4)

No person shall cultivate more cannabis plants indoors than is expressly authorized by state law.

(c)

Public nuisance. Any violation of this division shall constitute a public nuisance and may be abated in accordance with applicable laws, including, but not limited to, chapter 15, article IX of this Code, or remediated by way of a criminal proceeding, civil action, or abatement. Any use, structure, or property that is altered, enlarged, erected, established, maintained, moved, or operated contrary to the provisions of this article, is hereby declared to be unlawful and a public nuisance and may be abated by the City through civil, criminal, and/or administrative proceedings by means of a restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisances.

(d)

Violation. Any person who violates this division shall be guilty of a misdemeanor and be punished in accordance with applicable laws, including, but not limited to, section 1-37 of this Code.

(e)

This article is not the exclusive means for the abatement of cannabis cultivation within the City of West Covina. The remedies set forth pursuant to this section shall be in addition to any other existing remedies for violations of the zoning code, including, but not limited to, any action at law or equity.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-114. - Community assembly facility.

The purpose of this section is to provide for the establishment and operation of privately owned community assembly facilities in accordance with certain requirements designed to ensure compatibility of such facilities with surrounding businesses and residential development.

(a)

The requirements of this section shall apply to community assembly facilities such as banquet halls, dance halls, union halls, meeting halls for clubs and other membership organizations, and other similar facilities. Any business which permits a community assembly facility on the premises, whether for profit or not for profit, whether as a primary use or in conjunction with a commercial use, shall be considered a community assembly facility as defined in article I division 4.

(b)

Community assembly facilities may be established and operated only in the zones specified in article II division 2 of the zoning code.

(c)

The permit required (as specified in article VI division 4) shall be obtained prior to establishing a community assembly facility.

(d)

The community assembly facility shall be subject to periodic review by the Planning Commission every six (6) months for an initial two (2) years from date of commencement of the facility operation. The current or new business owner and/or applicant shall be responsible for all fees associated with the review. A deposit shall be submitted to the planning division in the amount equal to one-half (½) of the pertinent current application fee. The review deposit shall be paid prior to occupancy or business license issuance.

(e)

Live entertainment and other entertainment activities conducted on the premises shall be subject to the City noise regulations prescribed in chapter 15, article IV of this Code.

(f)

The permitted occupancy or total number of patrons allowed to enter the premises for dancing or related activity shall be restricted to two (2) persons per parking space provided on the site or the maximum occupancy permitted by the Uniform Building Code whichever is less.

(g)

Hours of operation for community assembly facilities may be established by the Planning Commission but in no case shall extend beyond 1:45 a.m.

(h)

A conditional use permit for the community assembly facility use shall be granted personally to the owner of such business or use and shall become null and void upon transfer of ownership or any other interest for such business or use.

(i)

There shall be no public nuisance created by such use as a result of noise.

(j)

No person in charge of or assisting in the conduct of the facility, or featuring live entertainment, shall permit any person to enter into, to be in or to remain in any place where such dance hall, facility or live entertainment is conducted, who is intoxicated, boisterous, or disorderly. No person in an intoxicated condition shall enter, be in or remain in the facility or where live entertainment is permitted by this article. No person shall conduct themselves in a boisterous or disorderly manner in or at a dance hall, facility or where live entertainment is permitted by this article.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)