HomeMy WebLinkAboutZOA 98-1 TATTOO PARLORS 1998 C
MINUTES
PALM DESERT PLANNING COMMISSION
FEBRUARY 17, 1998
Mr. Smith reported that additional information has surfaced since the Zoning
Ordinance Review Committee last reviewed the proposed amendment, and
staff would request that the Commission table this matter so that staff may
conduct further study and report back at a later date.
Chairperson Campbell invited interested parties in FAVOR or OPPOSITION
to address the Commission, to which there was no response. Chairperson
Campbell closed the public hearing.
Action:
It was moved by Commissioner Jonathan, seconded by Commissioner
Fernandez, to table the matter. Motion carried 3-0.
D. Case No. ZOA 98-1 - CITY OF PALM DESERT, Applicant
Request for approval of an amendment to the Zoning Ordinance to
prohibit tattoo parlors in all zones except the SI (Service Industrial)
zone.
Mr. Smith reported that this matter was legally noticed as a request to amend
the zoning ordinance to prohibit tattoo parlors in all zones with the exception
of the Service Industrial (SI) zone. The Zoning Ordinance Review
Committee (ZORC) reviewed the matter and expressed opposition to an
outright prohibition. ZORC suggested that any concerns regarding a
proliferation of tattoo establishments could be addressed by requiring a
minimum 500-foot separation between tattoo establishments. ZORC also
indicated that if signage is an issue, it can be controlled through the
Architectural Review Commission. The signs for the two existing
establishments are not objectionable.
Mr. Smith indicated that if the Commission favors additional regulations, staff
would recommend that they be established through a 500-foot minimum
separation requirement, and if the Commission wishes to take this approach,
it should direct staff to re-notice the public hearing to that effect.
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PALM DESERT PLANNING COMMISSION
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Mr. Smith noted that new State regulations became effective on January 1,
1998, and those have been included in the agenda packets.
Chairperson Campbell opened the public hearing and invited interested
parties to address the Commission in FAVOR or OPPOSITION.
TROY LAWRENCE, owner of Mad Hatter II at 73-460 Highway 111,
requested that the Commission not change the zoning requirements.
He heard on the evening news the term "wrong people" used in
connection with clients of tattoo establishments, and he would like to
point out that tattoo establishments don't sell anything which could kill
people, i.e., cigarettes or alcohol. Several well respected local
business owners have tattoos, and tattoos are considered artwork.
He is opposed to any rezoning because it would have a negative
impact on his business as well as several other businesses, including
establishments offering permanent makeup, which is also corfMde ed
as a tattoo. The Commission has copies of his letter and photo'�raphs
of the interior and exterior of his business.
Chairperson Campbell asked about the difference between tattoos and body
art.
Mr. Lawrence noted that there is no difference between tattoos and
body art.
Commissioner Jonathan asked how long Mr. Lawrence's business has
existed at its present location.
Mr. Lawrence replied that his business has been in operation at this
location for seven months.
Commissioner Jonathan asked if Mr. Lawrence had any previous
experience.
Mr. Lawrence clarified that he has no previous experience and does
not actually perform the service, but merely owns the business.
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PALM DESERT PLANNING COMMISSION
FEBRUARY 17, 1998
Commissioner Jonathan asked Mr. Lawrence if there have been any
significant problems at his business, i.e., rowdiness or illegal activity.
Mr. Lawrence responded that there have been no such problems.
Commissioner Fernandez asked how many customers the business has on
a monthly basis.
Mr. Lawrence replied that the number of customers varies from zero
to five per evening, but the monthly average is a minimum of 30.
Chairperson Campbell asked if tattoo artists are required to be registered
cosmetologists.
Mr. Lawrence indicated that tattoo artists are note required to be
registered cosmetologists.
Chairperson Campbell asked Mr. Lawrence if he is aware of the new
licensing requirements affecting tattoo establishments effective January 1,
1998.
Mr. Lawrence indicated that he is aware of the new requirements,
though the County has not yet made any requests of him, but he
understands that he has until the end of the year to comply.
Chairperson Campbell noted that the new law requires tattoo establishments
to: 1) register with the County Health Department; 2) obtain a copy of the
County Health Department's standards; 3) provide the County Health
Department with the business address and the address at which the
registrant performs the activity; 4) pay a one-time registration fee of$25.00
to the County Health Department; 5) pay an annual inspection fee of
$105.00; and 6) submit to the County Health Department's annual
inspections.
Chairperson Campbell asked Mr. Lawrence how the needles are sterilized.
Mr. Lawrence indicated that the needles are sterilized with an
autoclave, and the autoclave is spore tested and certified each month.
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PALM DESERT PLANNING COMMISSION
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Chairperson Campbell asked Mr. Lawrence if he has received complaints
from his neighbors.
Mr. Lawrence responded that he has received no complaints.
Commissioner Jonathan noted that body piercing requires parental consent
for minors and asked if the same is true for tattoos.
Mr. Lawrence responded affirmatively, and indicated that his business
does not tattoo persons under the age of 18, with or without parental
consent.
Chairperson Campbell asked if permanent makeup services would also be
restricted to the SI zone if tattoo establishments were so restricted, and Mr.
Smith replied that there are concerns about the ability to distinguish between
the two types of services since both use needles and ink.
Chairperson Campbell indicated that she consulted the dictionary regarding
this issue, and considers permanent makeup and tattoos to be the same.
Assistant City Attorney Hargreaves noted that the definition of tattoos as set
forth in the proposed ordinance would also apply to permanent makeup.
Mr. Lawrence commented that, prior to applying permanent makeup,
a client must undergo an ink test to determine whether or not the skin
is susceptible to infection from the chemical ink used for those
procedures, and if the client returns the next day with signs of an
infection, then the permanent makeup cannot be applied. His tattoo
business does not use chemical inks, but uses natural types of inks.
Carla McDonald, who co-owns Body Accents with her husband,
stated that she and her husband are business owners, residents and
members of the Chamber of Commerce. Under State law, there is no
differentiation between permanent makeup and tattoos. Insurance
companies consider permanent makeup services and tattoo
establishments to be the same and insure them as such.
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PALM DESERT PLANNING COMMISSION
FEBRUARY 17, 1998
Ms. McDonald commented that the proposed ordinance is
unnecessary because the City already has power over licensing.
Moving tattoo establishments off of Highway 111 would be
discriminatory, and if she sold her business and the new purchaser
were not allowed to operate the business on Highway 111, it would be
unfair for them to be forced to relocate. She would request that the
Commission take no action on this matter.
Chairperson Campbell asked Ms. McDonald for her definition of body art.
Ms. McDonald stated that any mark placed upon the body is
considered body art, be it temporary makeup, permanent makeup or
tattoos. Ms. McDonald pointed out that the art of tattoos has been
practiced for hundreds of years.
Commissioner Jonathan asked Ms. McDonald how long her business has
been in operation in Palm Desert.
Ms. McDonald replied that she has operated her business in Palm
Desert since October 1995.
Commissioner Jonathan asked Ms. McDonald if there have been any
significant problems at her establishment.
Ms. McDonald responded that there have never been any problems
at her business, and added that the neighbors are pleased that she
is able to keep an eye on their businesses at night. Her landlord
recently extended her lease for an additional two years, and that
would not have happened if the business were having a negative
impact on the neighbors. Her business is located 11 doors down from
the Elephant Bar, and if there were to be any complaints, they would
have surely come from there.
Commissioner Jonathan asked Ms. McDonald about her position on tattoos
for minors.
Ms. McDonald commented that her business does not serve minors,
and added that it is against the law.
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PALM DESERT PLANNING COMMISSION
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There being no further public input, Chairperson Campbell closed the public
hearing.
Commissioner Jonathan felt that the Commission would be putting its nose
where it doesn't belong by involving itself in this issue, and commented that
having a tattoo does not define who one is as a person; so he believes it is
a waste of this municipality's time to deal with this issue.
Commissioner Fernandez concurred with Commissioner Jonathan, and
noted that tattoo establishments are legitimate businesses serving adults
who can do as they choose with their own bodies, and added that he would
have no problem leaving the ordinance as it is.
Chairperson Campbell agreed with her fellow Commissioners.
Commissioner Jonathan stated that there is no need for the Commission to
take action.
Action:
None.
IX. SELECTION OF REPRESENTATIVE TO SERVE ON 25TH BIRTHDAY
PARTY COMMITTEE
Chairperson Campbell was selected as the Commission's representative to
serve on the 25th Birthday Party Committee.
X. COMMITTEE MEETING UPDATES
A. CIVIC CENTER STEERING COMMITTEE - (No meeting)
11
M[INUTFS
REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 22, 1998
ssssatssssssssesssssssstsssssssssssssssssssssssssssssst
creating regulations, passing it down to each individual county health department to regulate.
He said the area that was not covered was the zoning and land use aspects. He recommended
that the City not attempt to regulate the business of tattooing. He added the Planning
Department had in process the zoning regulation with regard to location of tattoo
establishments, and this would be before the Planning Commission next month.
Councilman Spiegel stated that it was his understanding that this would also cover body
piercing. Mr. Erwin responded that it covered all types of piercing, drawings, labelings, etc.
Councilman Crites moved to, by Minute Motion, adopt the City Attorney's report. Motion was
seconded by Spiegel and carried by unanimous vote.
X. OLD BUSINESS
A. RMUFST FOR AWARD OF CONTRACT FOR THE CONSTRUCTION OF THE PALM
DESERT SOCCER PARK(CONTRACT NO. C13140, PROJECT NO. 686-96), APPROVAL
AND ALLOCATION OF FUNDS FOR ASSOCIATED UTILITY, ENVIRONMENTAL AND
ART FEES, AND APPROVAL OF AN AMENDMENT TO CONTRACT NO. C11360 FOR-
ADDITIONAL CONSULTANT SERVICES.
Associate Planner Jeff Winklepleck reviewed the staff report, noting this was the second time
this project had bid. He stated this was the first project bid by the City as non-prevailing wage
and that approximately 11% of the total cost ($348,000) had been saved.
Councilman Ferguson stated that the City had saved $348,000 by letting this out to bid under
a charter as opposed to a general law city, and Mr. Winklepleck agreed.
Mr. Wmklepleck added that 12 bids had been received. He recommended approval of the four
items as outlined in the staff report and offered to answer any questions.
Councilman Spiegel stated that in reviewing the bids, there was a difference of approximately
$55,000 between the lowest bidder, Valley Crest (Santa Ana), and the third lowest bidder,
Simon Company (Indio), a local company. He said as he understood it, because Palm Desert
is now a charter city, it does not have to go with the lowest bidder.
Councilman Ferguson asked whether staff had selected Valley Crest with that in mind.
Mr. Wmiepleck responded that staffs recommendation is based on the fact that Valley Crest
is the low bidder. He said he could not comment on whether one is better than the other and
that both are qualified.
Councilman Ferguson stated that Mr. Erwin had briefed the Council in study session that the
City does not have to go with the lowest responsible bidder and could take the best bidder using
11
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t
CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
TO: Planning Commission
DATE:
February
17 1998
,
CASE NO.: ZOA 98-1
REQUEST: Approval of an amendment to the Zoning Ordinance to prohibit tattoo
parlors in all zones except the SI (Service Industrial) zone
APPLICANT: City of Palm Desert
i
I. BACKGROUND
A member of the City Council requested staff to prepare an ordinance to restrict the
areas in the City where tattoo parlors can be located. A draft ordinance was
presented to the City Council which would have made tattoo parlors subject to the
adult entertainment ordinance, and the use would have been limited to the SI .
(Service Industrial) zone. This proposal was not enacted due to the impacts it
would have had on other"adult" uses (see attached minutes from the December 11,
1997 City Council meeting).
The City Attorney was directed to examine other ways to restrict the location of
tattoo parlors. Following a report by the City Attorney, the City Council directed staff
to examine other ways of regulating these uses.
II. ANALYSIS
i
Planning staff, in conjunction with the City Attorney, has examined the issue at
length. We looked at several means of regulating tattoo establishments. We
proposed to define "tattoo establishments" and exclude licensed cosmetologists,
electrologists or nurses who have training in the procedures, practices and
techniques of permanent makeup application and cosmetic reconstruction, including
the appropriate sanitary practices. 'Tattoo establishments"would then be prohibited
in all zones except the SI (Service Industrial) zone.
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PLANNING COMMISSION
FEBRUARY 17, 1998
ZOA 98-1
Unless the City decides to establish an amoritzation of nonconforming uses, legally
existing "tattoo establishments" that are made nonconforming as a result of this
ordinance would be allowed to continue to operate as legal nonconforming uses.
New "tattoo establishments" would only be permitted in the SI (Service Industrial)
zone.
The issue was discussed at length at the February 4, 1998 ZORC meeting. It was
determined that the concern was the possible proliferation of tattoo establishments
in concentration. This could negatively impact nearby businesses. ZORC felt that
outright prohibition of these uses would be overkill. It was suggested that the
ordinance should be amended to specify a minimum separation of at least 500 feet
between these uses, and possibly require approval of a Conditional Use Permit.
Staff feels that requiring a specified separation distance would be an acceptable
means to prevent over-concentration of these uses. We question the
appropriateness of requiring a Conditional Use Permit unless we can conceive of
criteria to justify denial. We don't need a CUP to control signage or licensing of the
people who work in tattoo establishments.
Recent State regulations have been established which require that persons
engaged in tattooing, body piercing or permanent cosmetics register with the
County Health Department. Part of that registration requires the person to obtain
a copy of the sterilization, sanitation and safety standards, sign an acknowledgment
upon receipt and commit to meet the standards.
Section 119305 allows a county to adopt any regulations that do not conflict with or
are more comprehensive. The City Attorney advises that the City is preempted from
requiring additional processing or information of the persons engaged in tattooing,
body piercing or permanent cosmetics.
The legal notice for this matter referred specifically "to prohibit tattoo parlors in all
zones except the SI." A resolution consistent with this notice has been enclosed;
however, if the Commission wishes to pursue the separation requirement as
opposed to the prohibition, then the matter should be referred back to staff for
appropriate notice and re-hearing.
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PLANNING COMMISSION
FEBRUARY 17, 1998
ZOA 98-1
III. CEQA REVIEW
The proposed amendment is a Class 5 categorical exemption for purposes of CEQA
and no further documentation is necessary.
r
IV. RECOMMENDATION
That the Planning Commission direct staff to re-notice this matter to amend the
ordinance to require a minimum of 500 feet of separation between tattoo
establishments.
V. ATTACHMENTS
Minutes of City Council meeting of December 11, 1997
Health and Safety Code Section 119300 - 119309
Draft Resolution
Exhibit "A" to Draft Resolution
Copy of Legal Notice of Public Hearing
Letter from owner of Mad Hatter II Tattoo
Prepared by
tee Smith
Reviewed and Approved by
Phil Drell
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 11, 1997
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Councilman Crites moved to, by Minute Motion, approve from the unobligated general fund
$73,815.00 for the purchase of six Cairns IRIS Thermal Imaging system helmets for the fire department per
the Cove Commission formula. Motion was seconded by Kelly and carried by unanimous vote.
G. REQUEST FOR CONSIDERATION OF AN AMENDMENT TO THE PALM DESERT
MUNICIPAL CODE TO REGULATE TATTOO ESTABLISHMENTS AS BUSINESSES.
Mr. Diaz noted the report in the packets and stated that Code Compliance Supervisor Hart
Ponder was available to answer any questions.
Councilman Spiegel stated that he had asked for this amendment to the City's Code.
Councilman Spiegel moved to: 1)Waive further reading and adopt Ordinance No. 862 as an urgency
ordinance, amending Chapter 5.88 of the Palm Desert Municipal Code to regulate tattoo establishments as
adult businesses; 2) waive further reading and pass Ordinance No. 863 to second reading amending Chapter
5.88 of the Palm Desert Municipal Code to regulate tattoo establishments as adult businesses. Motion was
seconded by Kelly.
Councilman Crites stated that he would be voting against this motion. He said he suspected
that most people really cared about this. He said he had a lot of students at the College who
choose to engage in what they call "body art" and that he had not found any difference in the
grade points of those with tattoos as opposed to those without, nor had he noticed any
difference in moral values between.those who do and those who don't. He said what they
chose to do in terms of having tattoos on any portion of their anatomy was their own business.
He added that the did not feel this was an "adult" issue in the same way that things are
regulated that are pornographic or have moral implications. He said people have to be adults
to do this, they have to be adults to go in any buy alcohol, they have to be adults to go and do
a variety of other things, and he did not have any problems with.regulating this and with
signage, etc. However, he felt tattoos are no longer the domain of bikers and people who wake
up the next morning wishing they hadn't. He added that he felt the Council was responding
to an image and to a word and that it was not a reasonable request.
Mayor Benson stated that this ordinance was not against having tattoos parlors, it was to
regulate where they are located.
Councilman Crites said he did not see what was morally bankrupt about having a piece of art
placed on a certain portion of one's anatomy and why that had to be only done in a Service
Industrial area of the City of Palm Desert. He added that he felt the same regulations should
apply to it that apply to a number of other things about which the City has restrictions. He said
he felt this ordinance was overly restrictive.
Councilman Ferguson asked whether current regulations required that if a new tattoos business
wanted to be permitted and exist in the City of Palm Desert it would have to do so pursuant
to a Conditional Use Permit.
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REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 11, 1997
s s s s s s s s s s s s s s s s .s s s s s s s s s s s s s s s s
Mr. Drell responded that this was not the case and that this would be considered a personal
service similar to a hair stylist or barber. He said in the adult entertainment ordinance it was
permitted use and did not require a Conditional Use Permit. In essence, what this ordinance
would do is to remove it as a permitted use in the C-1 zoning and relegate it to the Service
Industrial zoning.
Councilman Ferguson stated that he knew we were rapidly approaching a time when we might
be constructively abolishing adult businesses due to the placement of churches and other types
of things in the City. He asked whether moving this and treating it as an adult business would
somehow impact what we have left.
Mr. Drell stated that once an application is received to locate a tattoo parlor, one of the
restrictions is distance from one tattoo parlor to another adult business. He said that once one
or two are located in the Service Industrial, additional area becomes quite constrained.
Councilman Ferguson asked if this would then jeopardize the City's ability to restrict adult
businesses.
Mr. Erwin stated that there would be an impact if there is no ability to locate an adult business
in the area because a tattoo parlor is there.
Councilman Crites stated that if we have a tattoo parlor there and it requires a certain number
of feet between them, etc., and we have someone who comes in with some other business, we
may not have a spot that legally allows that business, and Mr: Erwin agreed.
Councilman Kelly stated that we do know we want strict regulations on an adult bookstore, and
if we start putting things in there that we cannot defend, it will weaken the one that we are
really serious about.
W. Ervin stated that if it is the Council's desire, staff will look at the ordinance again and not
have it included in the definitions of an adult business. He said there were ordinances in other
California cities that provide regulations and even prohibit these businesses. He said staff
could look at providing another form of regulation so it does not impact the adult business
ordinance.
Councilman Spiegel withdrew his earlier motion and moved to continue this matter to the meeting
of January 8, 1998. Motion was seconded by Kelly and carried by unanimous vote.
H. RE JEST FOR CONSIDERATION OF ASSOCIATE SPONSORSHIP OF THE RIVERSIDE
COUNTY FAIR AND NATIONAL DATE FESTIVAL.
Ms. Lori Moss addressed the Council and stated that the Festival was requesting associate
sponsorship in the amount of$20,000. She noted that the Board of Supervisors had decided
not to accept any tobacco sponsors. She added that this year's festival would have heavy
34
SECTION 1 . LnapLer i kcommencing w1Cn becLion 117-3uu, is Quota
?art 15 of Division 104 of the Health and Safety Code, to read:
CHAPTER 7 . TATTOOING, BODY PIERCING, AND PERMANENT COSMETICS
119300 . For purposes of this chapter, the following definitions
shall apply:
(a) "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.
(b) "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, for the purpose of this
chapter, include piercing an ear with a disposable, single-use stud ors
solid needle that is applied using a mechanical device to force the
needle or stud through the ear.
(c) "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 other appearance of the skin. This includes, but is not
limited to, permanent eyeliner, eye shadow, or lip color.
(d) "Department" means the State Department of Health Services.
119301. The California Conference of Local Health Officers shall
establish sterilization, sanitation, and safety standards for persons
engaged in the business of tattooing, body piercing, or permanent
cosmetics . The department shall provide the necessary resources to
support the development of these standards . The California Conference
of Local Health Officers shall consult and adopt, to the extent
appropriate, the Bloodborne Pathogen Standard (Section 5193 of Title 8
of the California Code of Regulations) of the Department of Industrial
Relations, Division of Occupational Safety and Health. The standards
shall be directed at establishment and maintenance of sterile conditions
and safe disposal of instruments. The standards may be modified as
appropriate to protect consumers from transmission of contagious
diseases through cross-contamination of instruments and supplies. The
standards shall be submitted to the department for review and
consultation by July 1, 1998 .
119302 . Within 30 days after standards are adopted by the
department, the department shall distribute those standards in written
form to all county health departments.
119303 . (a) Every person engaged in the business of tattooing, body
piercing, or permanent cosmetics shall register by December 31, 1998,
with the county health department of the county in which that business
is conducted. A registrant shall do all of the following:
(1) Obtain a copy of the department ' s standards from the county
health department, sign an acknowledgment upon receipt of the standards,
and commit to meet the standards .
(2) Provide the county health department with his or her business
address and the address at which the registrant performs any activity
regulated by this article.
(3) Pay a one-time registration fee of twenty-five dollars ($25) , to
be paid directly to the county health department.
(4) Pay an annual inspection fee of one hundred five dollars ($105)
:o• the county health aepartment .
(b) This section does not preclude a county from charging an
additional amount if necessary to cover the cost of registration and
_nspection.
(c) Fees established by this act shall be used exclusively in
support of activities pursuant to this chapter.
119304 . Every county health department shall conduct annual
LAspections of the locations at which registrants under this article
onduct regulated activities .
119305 . (a) A county may adopt any regulations that do not conflict
with, or are more comprehensive than, the provisions of this chapter or
-with the standards adopted by the department . r
(b) This chapter does not limit a county' s ability to require a
legistrant to obtain any business license or permit that the county
finds appropriate .
(c) In those jurisdictions where the local health officer and the
bnvironmental health director are in separate departments, the county or
�ity shall have the option to choose the entity responsible for
functions pursuant to this subdivision.
119306 . A person who fails to register as provided by Section
119303 or violates the sterilization, sanitation, and safety standards
lifter December 31, 1998 , shall be subject to a civil penalty of five
hundred dollars ($500) per violation. This penalty may be collected in
an action brought by the prosecuting attorney of any county or city and
'county in which the violation occurred. All penalties collected shall
be retained by the county.
119307. On or after January 1, 1999, any person seeking to engage
in the business of tattooing, body piercing, or permanent cosmetics
shall comply with the provisions of this chapter.
119308 . The president of the California Conference of Local Health
Officers shall act as the chairperson of a task force to be formed for
the purpose of recommending legislation to the Legislature concerning
licensing, training, sanitation, and other subjects deemed necessary to
protect the health and welfare of persons seeking the services of
practitioners of tattooing, body piercing, and permanent cosmetics. The
task force shall be composed of 10 persons to be appointed by the
president of the California Conference of Local Health Officers, and
shall include a representative from the State Board of Barbering and
Cosmetology, a physician and surgeon licensed in this state, a
representative from a nonprofit professional body piercers ' association,
la representative from a nonprofit professional tattooists ' association,
a representative from a nonprofit professional permanent cosmetic
association, a representative from a nonprofit professional cosmetology
association, and a representative from an organization representing the
interests of local health departments. The president of the California
Conference of Local Health Officers may appoint the remaining three
members from any other groups that may, in the judgment of the
president, be of assistance . The task force shall present its
recommendations to the Legislature by January 1, 1999 .
119309 . This chapter does not restrict the activities of any
' physician and surgeon licensed under Chapter 5 (commencing with Section
2000) of Division 2 .
PLANNING COMMISSION RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY
COUNCIL APPROVAL OF A ZONING ORDINANCE AMENDMENT
REGULATING "TATTOO ESTABLISHMENTS"
CASE NO. ZOA 98-1
i
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 17th day of February, 1998, hold a duly noticed public hearing to consider the
amendment of the Zoning Ordinance to define and regulate tattoo establishments; and
WHEREAS, said application has complied with the requirements of the"City of Palm
Desert Procedure for Implementation of the California Environmental Quality Act,
Resolution No. 97-18," in that the Director of Community Development has determined the
amendment to be a Class 5 categorical exemption; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all interested persons desiring to be heard, said Planning Commission
did find the following facts and reasons to exist to recommend approval of the Zoning
Ordinance text amendment:
1. The proposed amendment to define and regulate tattoo establishments is
consistent with the intent of the Zoning Ordinance and protects the general
community welfare.
2. The location of tattoo establishments can negatively impact the community
interests by depreciating rental rates or property values if located where
street view image is critical or where there are sensitive neighboring uses.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of Palm Desert, California, as follows:
1. That the above recitations are true and correct and constitute the findings of
the Commission in this case.
2. That it does hereby recommend approval to the City Council of ZOA 98-1 as
provided in the attached exhibit labeled Exhibit "A".
1
PLANNING COMMISSION RESOLUTION NO.
i
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 17th day February, 1998, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
SONIA M. CAMPBELL, Chairperson
ATTEST:
PHILIP DRELL, Secretary
Palm Desert Planning Commission
2
f
PLANNING COMMISSION RESOLUTION NO.
EXHIBIT "A"
Section 1
That Section 25.04.802 be amended to read as follows:
"Tattoo Establishment" means the business of marking or coloring the
surface skin of a human being by insertion of pigment under the surface of
the skin by pricking with a needle or otherwise, so as to produce an indelible
mark or figure visible through the skin and shall include any business
conducting body piercing (other than solely ear piercing), body branding or
similar activity. "Tattoo Establishment" shall not include any treatment
administered in the practice of medicine by a physician licensed to practice
in this state, or under the personal supervision of such a physician, or the
application of permanent make-up or cosmetic reconstruction by a licensed
cosmetologist, electrologist, or nurse, who has received additional training
in the procedures, practices and techniques of permanent make-up
application and cosmetic reconstruction, including the appropriate sanitary
practices.
Section 2
That Section 25.28.040, "Prohibited Uses," be amended to add subsection "D,"
'Tattoo Establishments."
Section 3
That Section 25.30.026, "Prohibited Uses," be amended to add subsection "C,"
"Tattoo Establishments."
Section
That Section 25.34.020, "Permitted Uses," be amended to add subsection 'X"
"Tattoo Establishments."
3
City of Palm Desert
73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260-2578
TELEPHONE(760)346-0611 •FAX(760)341-7098•http:!/www.pelm-de
January 23, 1998
CITY OF PALM DESERT
LEGAL NOTICE
CASE NO.: ZOA 98-1
NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert
Planning Commission to consider an amendment to the Zoning Ordinance to prohibit tattoo parlors
in all zones except the SI (Service Industrial) zone.
SAID public hearing will be held on Tuesday, February 17, 1998, before the Palm Desert
Planning Commission at 7:00 p.m. in the Council Chamber at the Palm Desert City Hall, 73-510
Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are
invited to attend and be heard. Written comments concerning all items covered by this public
o•� concerning the proposed
1 be accepted u to date of the bearing. co g p p
hearing notice shall p p g
project and/or negative declaration is available for review in the department of community
development at the above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through
Friday. If you challenge the proposed actions in court, you may be limited to raising only those
issues you or someone else raised at the public hearing described in this notice, or in written
correspondence delivered to the planning commission at, or prior to, the public hearing.
PUBLISH: Desert Post PHILIP DRELL, Secretary
January 29, 1998 Palm Desert Planning Commission
a.
NIADHATTER TATTOO II
73640 HWY 111
PALM DESERT, CA
TO: CITY OF PALM DESERT
FROM: TROY LAWRENCE (OWNER) . �FB CEO V�D
RE: CONSIDER TO AMEND REZONING OF TATTOO PARLORS Nny 9 1998
TO WHOM IT MAY CONCERN:
MY NAME IS TROY LAWRENCE AND I A4 THE OWNER OF MADHATTER
TATTOO 11 LOCATED AT 73640 HWY 111. PALM DESERT, CA. r
I HAVE RECEIVED YOUR LETTER REGARDING THE CONSIDERATION
FOR AMENDING THE REZONING OF TATTOO PARLORS. I WOULD LIKE
TO DISCUSS WITH YOU A FEW REASONS WHY I AM NOT IN FAVOR OF
REZONING. HOWEVER I DO AGREE WITH THE REZONING OF NEW TATTOO
PARLORS AND PERMANENT MAKEUP BUSINESSES WITH THE ABILITY OF
KEEPING THE EXISTING TATTOO PARLORS AND PERMA'vEN"T MAKEUP IN
THE EXISTLNG LOCATIONS.
I HAVE BEEN THE OWNER FOR APPROX. SEVEN MONTHS. MY EXPENSES
HAVE EXCEEDED OVER TEN THOUSAND DOLLARS WITH ALL THE MONEY SPENT
IN THE CITY OF PALM DESERT. THE MAJORITY OF THE MONEY HAS BEEN
SPENT BEAUTIFYING THE INSIDE AND OUTSIDE OF MY STORE FRONT WHICH
IS FACING SOUTH ON HIGHWAY 111. (SEE ATTACHED PHOTOS) . I HAVE
APPROX. ONE THOUSAND SQUARE FEET WITH TWO HUNDRED AND FIFTY
SQUARE FEET OF THE SHOP IS SUB LEASED OUT TO "BENITO TAILOR
SHOP" WHO IS A SUCCESSTUL TAILOR WHO DESIGNS AND MAKES CUSTOM
ITALIAN SUITS, MY SHOP HOURS ARE FROM 3:OOPM TO 12 MIDNIGHT
OPEN TUESDAY TO SATURDAY AND SUNDAY WE ARE OPEN FROM 6:OOPM
TO 12 MIDNIGHT. BASICALLY THE SHOP IS OPEN WHEN THE NEARBY
SHOPS ARE CLOSED. WE FORBID ANY CLIENTS WAITING TO RECEIVE
OUR SERVICES TO SIT OUTSIDE THE BUILDING UNLESS THEY SIT IN
THE PARKING LOT LOCATED IN THE BACK OF THE BUILDING OUT OF PUBLIC
VIEW. THESE POLICIES MAKE US GET AWAY FROM THE STEREO TYPE
HANG OUT TATTOO PARLOR.
I FULLY SUPPORT PUTTING MONEY BACK INTO COMMUNITY. THE
CITY OF PALM DESERT HAS GIVEN ME THE OPPORTUNITY TO BECOME A
SUCCESSFUL BUSINESS. IF WE WERE FORCED TO MOVE INTO PROPOSED
INDUSTRIAL AREA WE WOULD ALL DEFINITLY GO OUT OF BUSINESS.
THIS WOULD CAUSE PALM DESERT RESIDENCE'S AND OTTER CITY
RESIDENCES TO GO TO ANOTHER TATTOO AND PERMANENT BUSINESSES
LOCATED OUT OF PALM DESERT. THIS WOULD CAUSE A LOSS OF REVENGE
FOR THE CITY OF PALM DESERT. FORTUNATELY FOR ME TATTOOS ARE
NOT FOR "BAD PEOPLE" ANYIMIORE. SEVERAL OF MY CLIENTS ARE
RESPECTED MEMBERS OF THE COy1n1'ITY AND BUSINESS OWNERS IN THE
CITY OF PALM DESERT.
"TATTOO PARLOR" . WHAT COMES TO MIND WHEN YOU HEAR THIS.
N.A.NG OUT FOR CRIMINALS. DRUG USERS AND ALCOHOLICS. MY" BUSINESS
HAS NOT PROMOTED ANY CRIMINAL ACTIVITY. CRIME HAS NOT SHOWN
AN INCREASE TN THE CITY BECAUSE OF Nn, BUSINESS. I XM C'IiNNGING
THE NOR%LAL STERO TYPES OF THIS BUSINESS. P.' SHOP IS DRUG AND
ALCOHOL FREE. CLAD HATTER TATTOO II IS A MEMBER OF THE CHA)tBER
OF CO`.ttIERCE OF PALM DESERT. THE BETTER BUSINESS BUREAU AND THE
LIVING DESERT WHICH I HAVE SUPPORTED FOR SEVERAL YEARS. I HAVE
DONATED TO LOCAL CH PITIES INCLUDING THE DEBBIE CHISOLM
FOUYRATION THROUGH THE RIVERSIDE COUNTY SHERIFFS DEPARTMENT.
WE WILL CONTINTT TO SUPPORT LOCAL CHARITIES AS MUCH AS POSSIBLE.
I AM MARRIED OF ALMOST TWO YEARS. T HAVE THREE CHILDREN
:1\D I Alf THIRTY THREE YEARS OLD. I HAVE SIX YEARS PRIOR MILITARY
SERVICE IN THE MARINE CORPS. I AM CURRENTLY" WORKING FOR THE
COUNTY OF RIVERSIDE. I CONSIDER MYSELF A FI\F AND OLTST.ANDING
CITIZEN. i
I WOULD LIKE TO INVITE ANYONE TO A1Y" SHOP SO I COULD MEET
EVERY ONE OF YOU AS WELL AS EVERYONE GETTING TO SEE WHAT GOES
ON INSIDE THE SHOP. IM VERY PROUD OF THE PROGRESS OF THE SHOP
AND HOW I PRESENT IT TO MY POTENTIAL CLIENTS AS WELL AS REGULAR
CLIENTEL. INI NOT SURE IF YOUR AWARE THAT THERE IS NO CURRENT
HEALTH STANDARDS FOR TATTOO PARLORS AND PERNL4\ENT MAKEUP SHOPS.
I AM PROUD TO SAY MY SHOP IS VERY STERILE AND WE HAVE A TESTING
PROCESS FOR OUR STERILIZATION MACHINE. THIS PROCESS CALLED
"SPORE" TESTING WHICH CONSISTS OF THE TESTING THE ABILITY OF
THE KACHINE TO TERMINATE POTENTIALY HEALTH RISKING DISEASES.
HOWEVER THESE DISEASES ARE NOT ONLY RELATED TO TATTOOS AND
PERMANENT MAKEUP. THIS TEST IS SENT TO A COMPANY WHICH FINISHES
THE TEST. IF THE bLACHINE DOES NOT PASS WE ARE I?IMEDIATELY
NOTIFIED BY PHONE AND MAIL. WHEN IT PASSES. AND IT HAS PASSED
EVERY TEST SUBMITTED SO FAR, WE RECEIVE A CERTIFICATE IN THE
MAIL TO BE DISPLAYED FOR PUBLIC VIEWING.
I 'M SURE I COULD CONTINUE TO TELL YOU MORE AND MORE ABOUT
WHAT WE DO AND WHAT WE WANT FOR THE FUTURE. THIS REZONING WOULD
NOT ONLY AFFECT MY SHOP BUT BODY ACCENTS TATTOO SHOP LOCATED
DOWN THE STREET AND ALSO LOCAL PERMANENT MAKEUP SHOPS LOCATED
THROUGHOUT THE CITY" INCLUDING INSIDE THE PALM DESERT MALL.
CURRENTLY WE HAVE A GREAT RELATIONSHOP WITH THE LOCAL
BUSINESSES AND HAVE NOT RECEIVED ANY FORHAL, COMPLAINTS THAT
IM AWARE OF. WE DO NOT GET IN ANYBODIES WAY BY ANY MEANS
INCLUDING TAKING UP PARKING SPACES OR BEING ON THE SIDEWALK.
PLEASE KEEP AN OPEN MIND ON THIS AMENDMENT CONSIDERATION'
AND HELP KEEP BUSINESSES IN THE CITY OF PALM DESERT OPEN AND
SUCCESSFUL.
WE ARE LOOKING FORWARD TO MEETING YOU ALL ON THE 17TH OF
FEBRUARY AT THE CITY HEARING ON THIS MATTER. IF YOU DO HAVE
.ANY QUESTIONS REGARDING My LETTER OR MY BUSINESS PLEASE CO\TACT
ME AT HOME AT 564-0900. OR THE SHOP AT 77955_10. MY PAGER IS
S33-2051 WHICH YOU CAN PAGE AT ANYTIME.
SINCERLY. TROY LAWRENCE.
pp i
6728 0 National Directory Company 1997 175 TATTOOING—TAXES T
T [T Express Tax
TATTOOING (COnYd) TAX RETURN 73170 Ramon Rd 1000Pms ..... 343-1587
PREPARATION (Cold) Gary L Lutes&Associates
Mad Hatter II Tattoo&Body Piercing 73121 Fred Waring Dr PmDsrt ... 346-3617
73360 Hwy 111 Ste 4 PmDsrt ... 346-5409 Groenke Don&Associates
Pla"o sae our ad This Page Bishop Tax&Financial-Royal Alliance 75145 St Charles PI PmDsrt ..... 568-0239 41651 Corporate Wy PmDsrt. 340-2007
Mitzi Mayer&Associates
T Block H&R AVERNS 440 S El Gello Ste 9 PalmSprings. 325-2201
Local Offices
Elephant Bar&Restaurant 35959ml City araTax see Our keepznra veye
73833 Hwy 111 PmDsrt ....... 340-0456 35959 Date Plm Dr CatnedralCily 321-9775 Palm Desert Tax&Bookee....
Indio � 43875 Washngtn PmDsrt........ 360-0207
81650 Hwy 111 Indio.......... 347-5563 Peterson Financial Services
Palm Desert 43040 Tennessee Av PmDsrt..... 360-7656
TAX RETURN PREPARATION 74284 Hwy 111 Pm Dsrt....... 346-4508 Robinson Financial Services
Palm Springs 44100 Monterey Av Pm Dsrt...... 346-2878
AAA Accounting&Tax 1000 N Farrl Or Pm Spgs ....... 322-8616
73625 H 111 PmDsrt ........ 3404905 Sullivan Accountancy Corporation
'� DEMETRIOU &. 73730 Hwy 111 PmDsrt ........ 340.3609
Acosta Income Tax Service ASSOCIATES LLC Teachers Tax I I PmDsrt
71537 Hwy 111 RnchoMrg ...... 341-6281 74040 Hwy 111 PmDsrt ........ 776-4900
Affordable Fast Tax The Tax Center
74991 Velie Wy PmDsrt......... 568-2544 BOOKKEEPING 45120 Sn Pablo Av PmDsrt ...... 836-3274
American Tax Clinic I Toni s General Bookkeeping Payroll
INCOME TAX
41651 Corporate Wy PmDsrt..... 776-4511 SERVICE SINCE Income Tax And Notary Public Service
BTL Tax Service 81-637 Hwy 111 Ste 4 Indio..... 347-6655
PmDsrt.............:.......... 346-2789 Laket Richard J Tax Consultant
1961 LaQnta.................... 714 282-7899
Yellow Pages shoppers look for ads with See Our Main Ad Under Bookkeeping
Information, like Brand Names, your Business 73-140 Highway 111 Ste 5
Pm Dsrt ..................... 346-1487 FTAXES-ECONSULTANTS&
Hours, the Credit Cards you accept, and the Sometimes people may wish to deal withyouSENTATIVES
Special Services you Offer. The Yellow Pages personally but rat be able to remember the
places your Name, Address and Telephone name of your firm. An Extra Listing in the ASSOCIATED
Number before the Buyer at the very moment Yellow Pages will insure those calls for you. BUSINESS
Complete representation here will bring you
the Buyer wants your Product or Service. If your share of thousands of customers who SERVICE JOSEPH
you are still just a listing, do something rely on these Yellow Pages as a Buyer's GLARES EA
about it- Call your Yellow Pages repre Guide. Your message in these Yellow Pages
will serve you well 24 hours a day the year Accounting&Bookkeeping
sentative. round. 45-235 Towne Av Ste 1 Indio .. 347-2778
' ,u *r Ir�r�s-�T tts�yL _'- °�i �• INCOME TAX
I
1 •BOOKKEEPING SERVICES
` •BUSINESS MANAGEMENT
BODY PIERCING • FULLY COMPUTERIZED
M.
SINCE
1964 mod
. ARTIST BIG GAME JAMES
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(760)346-5409 OR (760)346-7160 �� '
TTAXICABS-TELEGRAPH 176 6728 ONational Directory Company 1997
IXiCABS -� TELEGRAPH SERVICE western union
Thrifty Drugs 82154 Hwy 111
Indio........................ 342-6777
A Valley Cab Co Western Union La Quinta
73700 Hwy 111 PmDsrt ........ 340-5845 Money Transfer Locations Or Ralphs 50929 Washngtn La
Airport Taxi Telegrams&Mailgrams Quinta ....................... 564-0127
PmDsrt.....................
... 568-1940 Toll Free .................. 800 325-6000 Palm Desert
To Pick Up Or Send Money Transfers Country Club Services 73091 Countryry�
California Cabs Cathedral City Clb Or Pm Dsrt ................ 341-1222
PmDsrt........................ 772-1793 Camicerias Rancho Grande Payless Drugs 74958 Country Clb Or
Checker Cab Co 68300 Ramon Rd Cthdrl Cry .... 321-1114 Pm Dsrt ..................... 776-9510
533 Williams PalmSprings ....... 325.2868 Nix Check Cashing 68225 Ramon Ralphs 74884 Country Clb Or Pm
Pie S"our Ad This P Rd Cthdrl Cry................. 770-1790 ......., 776-9821
•9• Dsrt................
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360-2068 n
Qw Dsrt......................... 568-5968
Mirage Taxi..................... 322-2008 Cthdrl
drl City 68461 E Palm Cnyn...................... 321-4821 Palm S ph gs
Plwe sw Our Ad This Pap Ralphs
Thrifty Drugs 69044 E Palm Cnyn Or
Suntaxl Cthdrl Cty.................... 324-4619 1733 E Palm Cnyn Or Pm Spgs . 325-5664
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Valley Taxicab Cariceras Rancho Grande The Lock Doctor fill S Palm Cnyn
73700 Hwy 111 PmDsrt ........ 340-5845 51508 Harrisn Cochla.......... 398-0838 Or Pm Spgs .................. 325-3727
Yellow Cab Of The Desert Thrifty Drugs 49681 Harrisn Thrifty Drugs
Cochla ...................... 398-8866 366 S Palm Cnyn Or Pm Slogs .. 325-1339
PmDsrt........................ 345-8398 Desert Hot Springs 2333 E Tahquitz Cnyn Wy Pm
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Spgs ......................... 251-3455 Thermal
Your Business has Three Main Entrances: the Thrifty Drugs 14100 Palm Or Desrt Apple One Market 56491 Hwy 111
Front Door, the Mail and your Telephone. The Hit Spgs...................... 329-2915 Thrml ........................ 339.5955
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Hit Spgs...................... 3294255 Oasis........................ 3974279
Yellow Pages scores heavily with all three. To Indian wells Thousand Palms
Ralphs 74895 Hwy 111 Indian Jerys Mkt&Liquor 72711 Ramon
find out how this handy Buyer's Guide can Wls.......................... 340-6276 Rd 1000 Pms................. 343-3617
Indio
help Build your Sales, Call our Office for Apple Five Market 80631 Indio BI Yellow Pages shoppers look for ads with
Indio......................... 775-7475 Information, like Brand Names, your Business
information about advertising in the Yellow Carnicerias Rancho Grande Hours, the Credit Cards you accept, and the
44510 Jackson Indio .......... 347-8343 Special Services you Offer. The Yellow Pages
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775-2343 places your Name, Address and Telephone
Pa laces your Name, Address and Tele- Indio.................... Number before the Buyer at the very moment
p Yo Ralphs 81743 Ave 46 Indio .... 342-4388
Rocky's Check Cashing 45330 Fargo the Buyer wants your Product or Service.
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very instant he wants your products. Continued Next Listing Column sentative.Ask For Since 1977 /H1"GE
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CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
�I
TO: Planning Commission
DATE: February 17, 1998
CASE NO.: ZOA 98-1
REQUEST: Approval of an amendment to the Zoning Ordinance to prohibit tattoo
parlors in all zones except the SI (Service Industrial) zone
APPLICANT: City of Palm Desert
I. BACKGROUND
A member of the City Council requested staff to prepare an ordinance to restrict the
areas in the City where tattoo parlors can be located. A draft ordinance was
presented to the City Council which would have made tattoo parlors subject to the
adult entertainment ordinance, and the use would have been limited to the SI .
(Service Industrial) zone. This proposal was not enacted due to the impacts it
would have had on other"adult' uses (see attached minutes from the December 11,
1997 City Council meeting).
The City Attorney was directed to examine other ways to restrict the location of
tattoo parlors. Following a report by the City Attorney,the City Council directed staff
to examine other ways of regulating these uses.
II. ANALYSIS
Planning staff, in conjunction with the City Attorney, has examined the issue at
length. We looked at several means of regulating tattoo establishments. We
proposed to define "tattoo establishments" and exclude licensed cosmetologists,
electrologists or nurses who, have training in the procedures, practices and
techniques of permanent makeup application and cosmetic reconstruction, including
the appropriate sanitary practices. "Tattoo establishments"would then be prohibited
in all zones except the SI (Service Industrial) zone.
1
PLANNING COMMISSION
FEBRUARY 17, 1998
ZOA 98-1
Unless the City decides to establish an amoritzation of nonconforming uses, legally
existing "tattoo establishments" that are made nonconforming as a result of this
ordinance would be allowed to continue to operate as legal nonconforming uses.
New "tattoo establishments" would only be permitted in the SI (Service Industrial)
zone.
The issue was discussed at length at the February 4, 1998 ZORC meeting. It was
determined that the concern was the possible proliferation of tattoo establishments
in concentration. This could negatively impact nearby businesses. ZORC felt that
outright prohibition of these uses would be overkill. It was suggested that the
ordinance should be amended to specify a minimum separation of at least 500 feet
between these uses, and possibly require approval of a Conditional Use Permit.
Staff feels that requiring a specified separation distance would be an acceptable
means to prevent over-concentration of these uses. We question the
appropriateness of requiring a Conditional Use Permit unless we can conceive of
criteria to justify denial. We don't need a CUP to control signage or licensing of the
people who work in tattoo establishments.
Recent State regulations have been established which require that persons
engaged in tattooing, body piercing or permanent cosmetics register with the
County Health Department. Part of that registration requires the person to obtain
a copy of the sterilization, sanitation and safety standards, sign an acknowledgment
upon receipt and commit to meet the standards.
Section 119305 allows a county to adopt any regulations that do not conflict with or
are more comprehensive. The City Attorney advises that the City is preempted from
requiring additional processing or information of the persons engaged in tattooing,
body piercing or permanent cosmetics.
The legal notice for this matter referred specifically "to prohibit tattoo parlors in all
zones except the Sl." A resolution consistent with this notice has been enclosed;
however, if the Commission wishes to pursue the separation requirement as
opposed to the prohibition, then the matter should be referred back to staff for
appropriate notice and re-hearing.
2
PLANNING COMMISSION
FEBRUARY 17, 1998
ZOA 98-1
III. CEQA REVIEW
The proposed amendment is a Class 5 categorical exemption for purposes of CEQA
and no further documentation is necessary.
IV. RECOMMENDATION
That the Planning Commission direct staff to re-notice this matter to amend the
ordinance to require a minimum of 500 feet of separation between tattoo
establishments.
V. ATTACHMENTS
Minutes of City Council meeting of December 11, 1997
Health and Safety Code Section 119300 - 119309
Draft Resolution
Exhibit "A" to Draft Resolution
Copy of Legal Notice of Public Hearing
Letter from owner of Mad Hatter II Tattoo
Prepared by
�gftee Smith
Reviewed and Approved Iby�� " �'�
Phil Drell
3
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 11, 1997
Councilman Crites moved to, by Minute Motion, approve from the unobligated general fund
$73,815.00 for the purchase of six Cairns IRIS Thermal Imaging system helmets for the fire department per
the Cove Commission formula. Motion was seconded by Kelly and carried by unanimous vote.
G. REQUEST FOR CONSMERATION OF AN AMENDMENT TO THE PALM DESERT
MUNICIPAL CODE TO REGULATE TATTOO ESTABLISHMENTS AS BUSINESSES.
Mr. Diaz noted the report in the packets and stated that Code Compliance Supervisor Hart
Ponder was available to answer any questions.
Councilman Spiegel stated that he had asked for this amendment to the City's Code.
Councilman Spiegel moved to: 1) Waive further reading and adopt Ordinance No. 862 as an urgency
ordinance, amending Chapter 5.88 of the Palm Desert Municipal Code to regulate tattoo establishments as
adult businesses; 2) waive further reading and pass Ordinance No. 863 to second reading amending Chapter
5.88 of the Palm Desert Municipal Code to regulate tattoo establishments as adult businesses. Motion was
seconded by Kelly.
Councilman Crites stated that he would be voting against this motion. He said he suspected
that most people really cared about this. He said he had a lot of students at the College who
choose to engage in what they call "body art" and that he had not found any difference in the
grade points of those with tattoos as opposed to those without, nor had he noticed any
difference in moral values between.those who do and those who don't. He said what they
chose to do in terms of having tattoos on any portion of their anatomy was their own business.
He added that the did not feel this was an "adult" issue in the same way that things are
regulated that are pornographic or have moral implications. He said people have to be adults
to do this, they have to be adults to go in any buy alcohol, they have to be adults to go and do
a variety of other things, and he did not have any problems with regulating this and with
signage, etc. However, he felt tattoos are no longer the domain of bikers and people who wake
up the next morning wishing they hadn't. He added that he felt the Council was responding
to an image and to a word and that it was not a reasonable request.
Mayor Benson stated that this ordinance was not against having tattoos parlors, it was to
regulate where they are located.
Councilman Crites said he did not see what was morally bankrupt about having a piece of art
placed on a certain portion of one's anatomy and why that had to be only done in a Service
Industrial area of the City of Palm Desert. He added that he felt the same regulations should
apply to it that apply to a number of other things about which the City has restrictions. He said
he felt this ordinance was overly restrictive.
Councilman Ferguson asked whether current regulations required that if a new tattoos business
wanted to be permitted and exist in the City of Palm Desert it would have to do so pursuant
to a Conditional Use Permit.
33
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING DECEMBER 119 1997
Mr. Drell responded that this was not the case and that this would be considered a personal
service similar to a hair stylist or barber. He said in the adult entertainment ordinance it was
permitted use and did not require a Conditional Use Permit. In essence, what this ordinance
would do is to remove it as a permitted use in the C-1 zoning and relegate it to the Service
Industrial zoning.
Councilman Ferguson stated that he knew we were rapidly approaching a time when we might
be constructively abolishing adult businesses due to the placement of churches and other types
of things in the City. He asked whether moving this and treating it as an adult business would
somehow impact what we have left.
Mr. Drell stated that once an application is received to locate a tattoo parlor, one of the
restrictions is distance from one tattoo parlor to another adult business. He said that once one
or two are located in the Service Industrial, additional area becomes quite constrained.
Councilman Ferguson asked if this would then jeopardize the City's ability to restrict adult
businesses.
Mr. Erwin stated that there would be an impact if there is no ability to locate an adult business
in the area because a tattoo parlor is there.
Councilman Crites stated that if we have a tattoo parlor there and it requires a certain number
of feet between them, etc., and we have someone who comes in with some other business, we
may not have a spot that legally allows that business, and Mr. Erwin agreed.
Councilman Kelly stated that we do know we want strict regulations on an adult bookstore, and
if we start putting things in there that we cannot defend, it will weaken the one that we are
really serious about.
Mr. Erwin stated that if it is the Council's desire, staff will look at the ordinance again and not
have it included in the definitions of an adult business. He said there were ordinances in other
California cities that provide regulations and even prohibit these businesses. He said staff
could look at providing another form of regulation so it does not impact the adult business
ordinance.
Councilman Spiegel withdrew his earlier motion and moved to continue this matter to the meeting
of January 8, 1998. Motion was seconded by Kelly and carried by unanimous vote.
H. RF UF_ST FOR CONSIDERATION OF ASSOCIATE SPONSORSHIP OF THE RIVERSIDE
COUNTY FAIR AND NATIONAL DATE FESTIVAL.
Ms. Lori Moss addressed the Council and stated that the Festival was requesting associate
sponsorship in the amount of$20,000. She noted that the Board of Supervisors had decided
not to accept any tobacco sponsors. She added that this year's festival would have heavy
34
I
SECTION 1 . Chapter 7 (commencing with Section 119300) is added to
Part• 15 - of Division 104 o' the Health and Safety Cod to read:
CHAPTER 7 . TAT1 ING, BODY PIERCING, AND F l9ANENT COSMETICS
119300 . For purposes of this chapter, the following definitions
shall apply:
(a) "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.
(b) "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, 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.
(c) "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 other appearance of the skin. This includes, but is not
limited to, permanent eyeliner, eye shadow, or lip color.
(d) "Department" means the State Department of Health Services .
119301. The California Conference of Local Health Officers shall
establish sterilization, sanitation, and safety standards for persons
engaged in the business of tattooing, body piercing, or permanent
cosmetics . The department shall provide the necessary resources to
support the development of these standards . The California Conference
of Local Health Officers shall consult and adopt, to the extent
appropriate, the Bloodborne Pathogen Standard (Section 5193 of Title 8
of the California Code of Regulations) of the Department of Industrial
Relations, Division of Occupational Safety and Health. The standards
shall be directed at establishment and maintenance of sterile conditions
and safe disposal of instruments. The standards may be modified as
appropriate to protect consumers from transmission of contagious
diseases through cross-contamination of instruments and supplies. The
standards shall be submitted to the department for review and
consultation by July 1, 1998 .
119302 . Within 30 days after standards are adopted by the
department, the department shall distribute those standards in written
form to all county health departments.
119303 . (a) Every person engaged in the business of tattooing, body
piercing, or permanent cosmetics shall register by December 31, 1998,
with the county health department of the county in which that business
is conducted. A registrant shall do all of the following:
(1) Obtain a copy of the department ' s standards from the county
health department, sign an acknowledgment upon receipt of the standards,
and commit to meet the standards .
(2) Provide the county health department with his or her business
address and the address at which the registrant performs any activity
regulated by this article.
(3) Pay a one-time registration fee of twenty-five dollars ($25) , to
be paid directly to the county health department .
(4) Pay an annual inspection fee of one hundred five dollars ($105)
o the county health department .
(b) This section does _ot preclude a county from -harging an
additional amount if necessary to cover the cost of registration and
'nspection.
(c) Fees established by this act shall be used exclusively in
support of activities pursuant to this chapter.
119304 . Every county health department shall conduct annual
inspections of the locations at which registrants under this article
;conduct regulated activities .
119305 . (a) A county may adopt any regulations that do not conflict
with, or are more comprehensive than, the provisions of this chapter or
with the standards adopted by the department .
(b) This chapter does not limit a county' s ability to require a
registrant to obtain any business license or permit that the county
finds appropriate .
(c) In those jurisdictions where the local health officer and the
environmental health director are in separate departments, the county or
city shall have the option to choose the entity responsible for
functions pursuant to this subdivision.
119306 . A person who fails to register as provided by Section
119303 or violates the sterilization, sanitation, and safety standards
after December 31, 1998 , shall be subject to a civil penalty of five
hundred dollars ($500) per violation. This penalty may be collected in
an action brought by the prosecuting attorney of any county or city and
county in which the violation occurred. All penalties collected shall
be retained by the county.
119307 . On or after January 1, 1999, any person seeking to engage
in the business of tattooing, body piercing, or permanent cosmetics
shall comply with the provisions of this chapter.
119308 . The president of the California Conference of Local Health
Officers shall act as the chairperson of a task force to be formed for
the purpose of recommending legislation to the Legislature concerning
licensing, training, sanitation, and other subjects deemed necessary to
protect the health and welfare of persons seeking the services of
practitioners of tattooing, body piercing, and permanent cosmetics . The
task force shall be composed of 10 persons to be appointed by the
president of the California Conference of Local Health Officers, and
shall include a representative from the State Board of Barbering and
Cosmetology, a physician and surgeon licensed in this state, a
representative from a nonprofit professional body piercers ' association,
a representative from a nonprofit professional tattooists ' association,
a representative from a nonprofit professional permanent cosmetic
association, a representative from a nonprofit professional cosmetology
association, and a representative from an organization representing the
interests of local health departments . The president of the California
Conference of Local Health officers may appoint the remaining three
members from any other groups that may, in the judgment of the
president, be of assistance. The task force shall present its
recommendations to the Legislature by January 1, 1999 .
119309 . This chapter does not restrict the activities of any
physician and surgeon licensed under Chapter 5 (commencing with Section
2000) of Division 2 .
PLANNING COMMISSION RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY
COUNCIL APPROVAL OF A ZONING ORDINANCE AMENDMENT
REGULATING "TATTOO ESTABLISHMENTS"
CASE NO. ZOA 98-1
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 17th day of February, 1998, hold a duly noticed public hearing to consider the
amendment of the Zoning Ordinance to define and regulate tattoo establishments; and
WHEREAS, said application has complied with the requirements of the "City of Palm
Desert Procedure for Implementation of the California Environmental Quality Act,
Resolution No. 97-18," in that the Director of Community Development has determined the
amendment to be a Class 5 categorical exemption; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all interested persons desiring to be heard, said Planning Commission
did find the following facts and reasons to exist to recommend approval of the Zoning
Ordinance text amendment:
1. The proposed amendment to define and regulate tattoo establishments is
consistent with the intent of the Zoning Ordinance and protects the general
community welfare.
2. The location of tattoo establishments can negatively impact the community
interests by depreciating rental rates or property values if located where
street view image is critical or where there are sensitive neighboring uses.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of Palm Desert, California, as follows:
1. That the above recitations are true and correct and constitute the findings of
the Commission in this case.
2. That it does hereby recommend approval to the City Council of ZOA 98-1 as
provided in the attached exhibit labeled Exhibit "A".
1
PLANNING COMMISSION RESOLUTION NO.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 17th day February, 1998, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
SONIA M. CAMPBELL, Chairperson
ATTEST:
PHILIP DRELL, Secretary
Palm Desert Planning Commission
2
PLANNING COMMISSION RESOLUTION NO.
EXHIBIT "A"
Section 1
That Section 25.04.802 be amended to read as follows:
"Tattoo Establishment' means the business of marking or coloring the
surface skin of a human being by insertion of pigment under the surface of
the skin by pricking with a needle or otherwise, so as to produce an indelible
mark or figure visible through the skin and shall include any business
conducting body piercing (other than solely ear piercing), body branding or
similar activity. "Tattoo Establishment' shall not include any treatment
administered in the practice of medicine by a physician licensed to practice
in this state, or under the personal supervision of such a physician, or the
application of permanent make-up or cosmetic reconstruction by a licensed
cosmetologist, electrologist, or nurse, who has received additional training
in the procedures, practices and techniques of permanent make-up
application and cosmetic reconstruction, including the appropriate sanitary
practices.
Section 2
That Section 25.28.040, 'Prohibited Uses," be amended to add subsection "D,"
"Tattoo Establishments."
Section 3
That Section 25.30.026, 'Prohibited Uses," be amended to add subsection "C,"
"Tattoo Establishments."
Section 4
That Section 25.34.020, "Permitted Uses," be amended to add subsection W,"
"Tattoo Establishments."
3
City of Palm Desert
73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260-2578
TELEPHONE(760)346-0611 •FAX(760)341-7098•http:/Avww.palm-desert.org
January 23, 1998
CITY OF PALM DESERT
LEGAL NOTICE
CASE NO.: ZOA 98-1
NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert
Planning Commission to consider an amendment to the Zoning Ordinance to prohibit tattoo parlors
in all zones except the SI (Service Industrial) zone.
SAID public hearing will be held on Tuesday, February 17, 1998, before the Palm Desert
Planning Commission at 7:00 p.m. in the Council Chamber at the Palm Desert City Hall, 73-510
Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are
invited to attend and be heard. Written comments concerning all items covered by this public
hearing notice shall be accepted up to date of the hearing. Information concerning the proposed
project and/or negative declaration is available for review in the department of community
development at the above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through
Friday. If you challenge the proposed actions in court, you may be limited to raising only those
issues you or someone else raised at the public hearing described in this notice, or in written
correspondence delivered to the planning commission at, or prior to, the public hearing.
PUBLISH: Desert Post PHILIP DRELL, Secretary
January 29, 1998 Palm Desert Planning Commission
M.ADh, TER TATTOO I I
73640 I-MPY Ill
PALM DESERT. CA
TO: CITY OF PALM DESERT
FROM: TROY LAWRENCE (OWNER) . FEB C��VBO
j RE: CONSIDER TO AMEND REZONING OF TATTOO PARLORS oo**V7), 1998
TO WHOM IT MAY CONCERN:
HT F47-
MY NAME IS TROY LAWRENCE AND I AM THE OWNER OF MADHATTER
TATTOO II LOCATED AT '3640 HWWY 111 , PALM DESERT, CA.
I HAVE RECEIVED YOUR LETTER REGARDING THE CONSIDERATION
FOR AMENDING THE REZONING OF TATTOO PARLORS. I WOULD LIEF;
TO DISCUSS WITH YOU A FEW REASONS WHY I AM NOT IN FAVOR OF
REZONING. HOWEVER I DO AGREE WITH THE REZONING OF NEW TATTOO
PARLORS AND PERMANENT MAKEUP BUSINESSES WITH THE ABILITY OF
KEEPING THE EXISTING TATTOO PARLORS AND PERMANENT MAKEUP IN
THE EXIS'T11% LOCATIONS.
i HAVE BEEN THE OWNER FOR APPROX. SEVEN MONTHS. MY EXPENSES
HAVE EXCEEDED OVER TEN THOUSAND DOLLARS WITH ALL THE MONEY SPENT
1N THE CITY OF PALM DESERT. THE MAJORITY OF THE MONEY HAS BEhN
SPENT BEAU'f1FYING THE INSIDE AND OUTSIDE OF MY STORE FRONT VvHiCH
IS FACING SOUTH ON HIGHWAY 111 . (SEE ATTACHED PHOTOS) . I HAVE
APPROX. ONE THOUSAND SQUARE FEET WITH TWO HUNDRED AND FIFTY
SQUARE FEET OF THE SHOP 1S SUB LEASED OUT TO "BENITO TAILOR
SHOP" WHO IS A SUCCESSI'UL TAILOR WHO DESIGNS AND MAKES CUSTOM
IT'ALIAN SLITS. KY SHOP HOURS ARE FROM 3:OOPM TO 12 MIDNIGIfI'
OPEN IUESDAY TO SATURDAY AND SUNDAY WE ARE OPEN FROM 6:00PM
TO 12 MIDNIGHT. BASICALLY THE SHOP IS OPEN WHEN THE NEARBY
SHOPS ARE CLOSED. WE FORBID ANY CLIENTS WAITING TO KLCE1VE
OUR SERVICES TO SIT OUTSIDE THE BUILDING UNLESS THEY SIT IN
I'HE PARKING LOT i OCA'1'LU iN THE BACK OF THE BUILDING OUT OF PUT3L:(-
VIEW. THESE POLICIES MAKE US GET AWAY FROM THE STERIso TYPE
HANG OUT TATTOO PARLOR.
I FULLY SUPPORI PUTTING .MONEY BACK INTO CNNUNITY. THE
(:1I'] OF PALM DESERT HAS GIVEN ME THE OPPORTUNITY TO BECOME A
SUCCESSFUL BUSINESS. IF WE WERE FORCED TO MOVE INTO PROPOSED
iXDUSTRIAL AREA WE WOULD ALL DEFINITLY GO OCT OF BUSINESS.
1'H1S WOULD CAUSE PALM DESERT RESIDENCE'S AND OTHER CITY
i RESIDENCES TO 60 TO ANOTHER TATTOO AND PERM.k%L%T BU'SINLSSLS
LOCATED OUT OF PALM DESLRT. THIS WOULD CAUSE A LOSS OF REVENUL
FOR THE CITY OF PALM DLSER'i . FORfUNATLi-Y FOR `lh IAYIOOS .ARE
NOT FOR "BAD PEOPLE" ANYNOkE. JEVLR,5d. OF %1Y (':,IF.` "S IRE
RESPECTED MEMBERS OF THE CO'"MUN.TY AND BUSINESS OW"NTTS 1N TH
(" Tl' OF PAL.": DFSRR--
"TA."T00 P'WRLOR" . PdFL1T CO`=9I;S TO HIND WHP:\ YOU FLkv THIS.
HA`:' 017 FOR C::'.N"IN,WI_S. ilP.LG `.:tiF',RS .AND AI.00I:0) ICJ. fY RC'SINE'SS
HAS NO'r PRON.OTED \NY C'`:I`•tIN:V. V-f:VITY. CR".':E KNS N.Ii' tii0'•W\
AN INCREASE. IN THE Ci . . BECAUSE OF NlY BUSINESS. I Ah�LANGIN(;
THE NORMAL STE:RO TITES OF THIS BUSINESS. MY SHOP IS DRUG .t\D
ALCOHOL FREE. MAD HATTER TATTOO II IS A MEMBER OF THE CHA^4BER
OF CON�YIF.RCE OF PALM DESERT. THE BETTER BUSINESS BLREAU .AND THE:
LIVING DESERT WHICH I RAVE SUPPORTED fOR SEVERAL YEARS. HAVE:
DONATED TO LOCAL l'HARITIES INCLUDING THE DEBBIE CHISOLM
FOUNDATION THROUGH TtIL RIVERSIDE COUNTY SHERIFFS DEPARTMENT.
WE WILL CONTIN7'E 'F0 SUPPORT LOCAL CHARITIES AS MU(,H AS POSSIBLE.
I AN4 WRRILD OF :ALMOST TWO YEARS. I FLAVE THREE CHILDREN
4"D I .4M THIRTY THREE YEARS CLD. I HAVE SIX YEARS PRIOR MILITARY
SERVICE IN THE MARINE CORPS. I AM CURRENTLY WORKING FOR TffF
COL1'TY OF RIVERSIDE. I CONSIDER MYSELF A FINE AND OUTSTANDING
CITIZEN.
I WOULD LIKE TO INZ'ITE ANYONE TO MY SHOP SO I COULD MEET
FV'IRY ONE OF YOU AS WELL AS EVERYONE GETTING TO SEE WHAT GOES
ON INSIDE THE. SHOP. IM VERY PROUD OF THE PROGRESS OF THE SHOP
AND HOW I PRESENT IT TO MY POTENTIAL CLIENTS AS WELL AS RFf UL3P
CLIFNTEL. 31 NOT SURE IF YOUR AWARE THAT THERE IS NO CURRENT
HEALTH STANDARDS POR TATTOO PARLORS AND PERMANENT MAKEUP SHOPS.
I ANI PROUD TO SAY MY SHOP IS VERY STERILE AND WE HAVE .A TESTING
PROCESS FOR OUR STERILIZATION MACHINE. THIS PROCESS CALLED
"SPORE" TESTING WHICH CONSISTS OF THE TESTING THE ABILITY OF
THE MACHINE TO TERMINATE POTENTIALY HEALTH RISKING DISEASES.
HOWEVER THESE DISEASES ARE NOT ONLY RELATED TO TATTOOS AND
PF:RtitAN-NT MAKEUP. THIS TEST IS SENT TO A COMPANY WHICH FINISHES
THE TEST. IF THE MACHINR DOES NOT PASS WE ARE I.NStEDIATELY
NOTIFIED BY PHONE AND MAIL. WHEN IT PASSES. AND IT HAS PASSED
EVERY TEST SUBMITTED SO FAR. WE RECEIVE A CERTIFICATE IN THE
MAIL TO BE DISPLAYED FOR PUBLIC VIEWING.
I 'M SORE I COULD CONTINUE TO TELL YOU MORE AND MORE ABOUT
WHAT WE DO AND WHAT WE WANT FOR THE FUTURE. THIS REZONING WOULD
NOT ONLY AFFECT y1Y SHOP BUT BODY ACCENTS TATTOO SHOP LOCATED
DOWN THE. STREET AND ALSO LOCAL PER`LANENT MAK'ELP SHOPS LOCATED
THROUGHOUT THE CITY INCLUDING INSIDE THE PALM DESERT MALL.
CURRENTLY WE HAVE A GREAT RELATIONSHOP WITH THE LOCAL
BUSINESSES AND HAVE NOT RECEIVED ANY FORMAL C014PLAINTS THAT
IM AWARE OF. WE DO NOT-GET IN ANlBODIES WAY BY ANY M.E.4NS
INCLUDING TAKING LP PARKING SPACES OR BENG ON THE SIDFWALK.
PLEASE KEEP AN OPEN MIND ON THIS AME\DNfFXT CONSIDERATION
AND HELP KEEP BUSINESSES IN THE CITY OF PALM DESERT OPEN AND
SUCCESSFUL.
WE ARE LOOKING FORWARD TO MEETING YOU ALL, ON THE I'TH OF
FEBRUARY AT THE CITY HEARING ON THIS MATTER. IF YOU DO HAVF'
ANY QUESTIONS REGARDING MY LETTER OR MY BUSINESS PLEASE CONTACT
ME AT HOME AT 564-0900, OR ME SHOP AT 7795520. MY PAGER IS
533-205I WHICH YOU CAN PAGE AT ANYTIME.
SINCERLY. TROY LAWRENCE.
II _-
MINUTES
PALM DESERT PLANNING COMMISSION
FEBRUARY 17, 1998
Mr. Smith reported that additional information has surfaced since the Zoning
Ordinance Review Committee last reviewed the proposed amendment, and
staff would request that the Commission table this matter so that staff may
conduct further study and report back at a later date.
Chairperson Campbell invited interested parties in FAVOR or OPPOSITION
to address the Commission, to which there was no response. Chairperson
Campbell closed the public hearing.
Action:
It was moved by Commissioner Jonathan, seconded by Commissioner
Fernandez, to table the matter. Motion carried 3-0.
D. iCase No. ZOA 98-1 - CITY OF PALM DESERT, Applicant
Request for approval of an amendment to the Zoning Ordinance to
prohibit tattoo parlors in all zones except the SI (Service Industrial)
zone.
Mr. Smith reported that this matter was legally noticed as a request to amend
the zoning ordinance to prohibit tattoo parlors in all zones with the exception
of the Service Industrial (SI) zone. The Zoning Ordinance Review
Committee (ZORC) reviewed the matter and expressed opposition to an
outright prohibition. ZORC suggested that any concerns regarding a
proliferation of tattoo establishments could be addressed by requiring a
minimum 500-foot separation between tattoo establishments. ZORC also
indicated that if signage is an issue, it can be controlled through the
Architectural Review Commission. The signs for the two existing
establishments are not objectionable.
Mr. Smith indicated that if the Commission favors additional regulations, staff
would recommend that they be established through a 500-foot minimum
separation requirement, and if the Commission wishes to take this approach,
it should direct staff to re-notice the public hearing to that effect.
6
MINUTES
PALM DESERT PLANNING COMMISSION
FEBRUARY 17, 1998
Mr. Smith noted that new State regulations became effective on January 1,
1998, and those have been included in the agenda packets.
Chairperson Campbell opened the public hearing and invited interested
parties to address the Commission in FAVOR or OPPOSITION.
TROY LAWRENCE, owner of Mad Hatter I I at 73-460 Highway 111,
requested that the Commission not change the zoning requirements.
He heard on the evening news the term "wrong people' used in
connection with clients of tattoo establishments, and he would like to
point out that tattoo establishments don't sell anything which could kill
people, i.e., cigarettes or alcohol. Several well respected local
business owners have tattoos, and tattoos are considered artwork.
He is opposed to any rezoning because it would have a negative
impact on his business as well as several other businesses, including
establishments offering permanent makeup, which is also considered
as a tattoo. The Commission has copies of his letter and photographs
of the interior and exterior of his business.
Chairperson Campbell asked about the difference between tattoos and body
art.
Mr. Lawrence noted that there is no difference between tattoos and
body art.
Commissioner Jonathan asked how long Mr. Lawrence's business has
existed at its present location.
Mr. Lawrence replied that his business has been in operation at this
location for seven months.
Commissioner Jonathan asked if Mr. Lawrence had any previous
experience.
Mr. Lawrence clarified that he has no previous experience and does
not actually perform the service, but merely owns the business.
7
MINUTES
PALM DESERT PLANNING COMMISSION
FEBRUARY 17, 1998
Commissioner Jonathan asked Mr. Lawrence if there have been any
significant problems at his business, i.e., rowdiness or illegal activity.
Mr. Lawrence responded that there have been no such problems.
Commissioner Fernandez asked how many customers the business has on
a monthly basis.
Mr. Lawrence replied that the number of customers varies from zero
to five per evening, but the monthly average is a minimum of 30.
Chairperson Campbell asked if tattoo artists are required to be registered
cosmetologists.
Mr. Lawrence indicated that tattoo artists are note required to be
registered cosmetologists.
Chairperson Campbell asked Mr. Lawrence if he is aware of the new
licensing requirements affecting tattoo establishments effective January 1,
1998.
Mr. Lawrence indicated that he is aware of the new requirements,
though the County has not yet made any requests of him, but he
understands that he has until the end of the year to comply.
Chairperson Campbell noted that the new law requires tattoo establishments
to: 1) register with the County Health Department; 2) obtain a copy of the
County Health Department's standards; 3) provide the County Health
Department with the business address and the address at which the
registrant performs the activity; 4) pay a one-time registration fee of$25.00
to the County Health Department; 5) pay an annual inspection fee of
$105.00; and 6) submit to the County Health Department's annual
inspections.
Chairperson Campbell asked Mr. Lawrence how the needles are sterilized.
Mr. Lawrence indicated that the needles are sterilized with an
autoclave, and the autoclave is spore tested and certified each month.
8
i
MINUTES
PALM DESERT PLANNING COMMISSION
FEBRUARY 17, 1998
Chairperson Campbell asked Mr. Lawrence if he has received complaints
from his neighbors.
Mr. Lawrence responded that he has received no complaints.
Commissioner Jonathan noted that body piercing requires parental consent
for minors and asked if the same is true for tattoos.
Mr. Lawrence responded affirmatively, and indicated that his business
does not tattoo persons under the age of 18, with or without parental
consent.
Chairperson Campbell asked if permanent makeup services would also be
restricted to the SI zone if tattoo establishments were so restricted, and Mr.
Smith replied that there are concerns about the ability to distinguish between
the two types of services since both use needles and ink.
Chairperson Campbell indicated that she consulted the dictionary regarding
this issue, and considers permanent makeup and tattoos to be the same.
Assistant City Attorney Hargreaves noted that the definition of tattoos as set
forth in the proposed ordinance would also apply to permanent makeup.
Mr. Lawrence commented that, prior to applying permanent makeup,
a client must undergo an ink test to determine whether or not the skin
is susceptible to infection from the chemical ink used for those
procedures, and if the client returns the next day with signs of an
infection, then the permanent makeup cannot be applied. His tattoo
business does not use chemical inks, but uses natural types of inks.
Carla McDonald, who co-owns Body Accents with her husband,
stated that she and her husband are business owners, residents and
members of the Chamber of Commerce. Under State law, there is no
differentiation between permanent makeup and tattoos. Insurance
companies consider permanent makeup services and tattoo
establishments to be the same and insure them as such.
9
MINUTES
PALM DESERT PLANNING COMMISSION
FEBRUARY 17, 1998
Ms. McDonald commented that the proposed ordinance is
unnecessary because the City already has power over licensing.
Moving tattoo establishments off of Highway 111 would be
discriminatory, and if she sold her business and the new purchaser
were not allowed to operate the business on Highway 111, it would be
unfair for them to be forced to relocate. She would request that the
Commission take no action on this matter.
Chairperson Campbell asked Ms. McDonald for her definition of body art.
Ms. McDonald stated that any mark placed upon the body is
considered body art, be it temporary makeup, permanent makeup or
tattoos. Ms. McDonald pointed out that the art of tattoos has been
practiced for hundreds of years.
Commissioner Jonathan asked Ms. McDonald how long her business has
been in operation in Palm Desert.
Ms. McDonald replied that she has operated her business in Palm
Desert since October 1995.
Commissioner Jonathan asked Ms. McDonald if there have been any
significant problems at her establishment.
Ms. McDonald responded that there have never been any problems
at her business, and added that the neighbors are pleased that she
is able to keep an eye on their businesses at night. Her landlord
recently extended her lease for an additional two years, and that
would not have happened if the business were having a negative
impact on the neighbors. Her business is located 11 doors down from
the Elephant Bar, and if there were to be any complaints, they would
have surely come from there.
Commissioner Jonathan asked Ms. McDonald about her position on tattoos
for minors.
Ms. McDonald commented that her business does not serve minors,
and added that it is against the law.
10
I I
MINUTES
PALM DESERT PLANNING COMMISSION
FEBRUARY 17, 1998
There being no further public input, Chairperson Campbell closed the public
hearing.
Commissioner Jonathan felt that the Commission would be putting its nose
where it doesn't belong by involving itself in this issue, and commented that
having a tattoo does not define who one is as a person; so he believes it is
a waste of this municipality's time to deal with this issue.
Commissioner Fernandez concurred with Commissioner Jonathan, and
noted that tattoo establishments are legitimate businesses serving adults
who can do as they choose with their own bodies, and added that he would
have no problem leaving the ordinance as it is.
Chairperson Campbell agreed with her fellow Commissioners.
Commissioner Jonathan stated that there is no need for the Commission to
take action.
Action:
None.
IX. SELECTION OF REPRESENTATIVE TO SERVE ON 25TH BIRTHDAY
PARTY COMMITTEE
Chairperson Campbell was selected as the Commission's representative to
serve on the 25th Birthday Party Committee.
X. COMMITTEE MEETING UPDATES
A. CIVIC CENTER STEERING COMMITTEE - (No meeting)
11
* LAW OFFICES OF
BEST BEST & KRIEGEF LP
CITE OF PALM DESERT RECEIVED
CODE COMPLIANCE DEPT.
97 NOV 18 PH 2: 39 M� b ( � � 28 November 13, 1997
CItY CLERK'S OFFICE
TO: H. Ponder, Jr., Code Compliance Supervisor
City of
FROM: Bob Ha
Zviuuty
City Attorney
RE: Tattoo Parlor Regulations
Hart:
I have attached information from the City of Santee, City of Claremont, City of
San Diego and County of San Diego regarding tattoo parlor regulations. As you can see, the City
of Claremont has banned tattoo parlors entirely.
If I can be of further assistance in this matter, please feel free to call.
RWH/vcd
attachments
cc: Dave Erwin, City Attorney
RA0UB\RVflM3
1 1 ,e Inkers Taftm Co. 6340 El Cajon Blvd. Ow,,ers:John Marcus
San Diego, Ca 92115 Thomas Longnecker
(619)286-8282
August 3, 1997
TO:The City of Santee
Department of Planning and Community Development
Re: Application for a Business License to operate a branch of The Inkers Tattoo Co tattoo
studio within id the city limits of Santee, CA.
The Inkers Tattoo Co is one of the oldest established tattoo studios in the San Diego area.
Through out the years we have been able to apply the beauty of the expression of art for the
individual.We have also been able to use that ability to cover scars resulting from accidents and/or
surgery, along with cosmetic disfigurements attained at birth and debilitating diseases.
As most of our customers are residents of Santee, we wish to bring our services closer to those
who desire them. It will help us to do our part in providing a community service for the people of
Santee, and to assist with the economical growth of the city, as well.
The Inkers Tattoo Co of San Diego would like to submit its application to obtain a license to
operate a branch of Inkers Tattoo in the City of Santee. During our investigation of the application
process, we had discovered that City of Santee's Planning Development Dept does not provide a
category for Tattoo Studios, specifically.
According to The County of San Diego,Tattoo Studios are categorized along with Beauty Salons
and Barbershops.We have enclosed a copy of The County of San Diego Health Dept's Code and
Guidelines to Owning and Operating a Tattoo Studio. We hope that it will be of assistance to the City
of Santee in establishing a category, with operating procedures and guidelines,for future use.
We run a respectable establishment that caters to a vast variety of peoples from all walks of life
and in all age ranges.We accommodate these individuals by strictly adhering to all State and Local
laws regarding age and health guideline requirements. We are members, in good standing, of The
Better Business. We also hold a good standing with the City of San Diego.
The partnership of Marcus/Longnecker compiles thirty-four years of experience in the business of
tattoo body art.We use that experience to make our places of business professional outlets of the
pride we take in our work. That professionalism is a guarantee to our customers that the quality of the
services is some of the best being offered, anywhere.At the same time,these services are being
provided in a quiet, safe, and sanitary environment.
Considering all the factors aforementioned in this letter, we sincerely hope that our application for a
license to operate in the City of Santee will be seriously considered and granted, respectively.
Sincerely,
The Inkers Tattoo Co
Owners: John Manaus Thomas Longnecker
i iJ9 I �1�CodS1d E A%le-1 � d Ste. Ew r= '�ZP''` 1 wtio .
ay5
t
r
CITY OF SAN DI
CERTIFICATE OF F?jAYMENT
OF BUSINESS TAX -.
City Treasumr's Office,Business Tax Section
P.O.Box 121536,San Diego.CA 92112-4165
1222 1st Ave.,San Diego CA 92101 (619)236-6173 "---
(NO REMI77ANCE RECUIRED.POST IN A CONSPICUOUS PLACE OR KEEP ON PERSON)
CERTIFICATE NO.» CURRENT EFFECTIVE DATE EXPIRATION DATE:
97006434 06/01/97 I 05/31/98
- busvm s LOCATION
6340 EL CAJON BL SAN DIEGO CA 92115
nuSINFSS TYPE MISC- PERSONAL SERVICE
NAILTO:
HIJSI E.43NAME: INKERS TATTOO CO
O"ER NAME: LONGNECKER/MARQUES
A=NnoN: THOMAS LONGNECKER/JOHN MARQUES
6340 EL CAJON BL
SAN DIEGO CA 92115
i
DP-7N
(pw 9-9-7) `
ARAM- DMGO �r .
k•: MEWALMERLTH F.•,. :...:
EALTWAIT '
y
y n
z "%' Y DIRECTOR (ACTING), OEM
014-_
P
`CHIs PERMIT „ RF,S ONE �OG%30^ 4$ 5
RENEWA*10 - Rv,30 DAY8TC AV01 FEES'
r ,
u
►DDEiE, °ems R„:- , y� :>, !ESTABUSHMEN7 NAME AND ADDRESS:
i1OHN MARQUES'' t INKERS TATTOO CO
_ VKERS ,TATTOO•'CO .. ``'.' 6340 EL CAJON BL .
-x._
634DW EL CAJON 'BL' :' :>;: `:+ .: - SAN DIEGO CA 92115
SAN DIEGO CA 92115', ,
y.-
:•�>-ANY6NANGESOtifiEA80VE INFORMATION MUST BEAEPORTEDTOTNISDEPARTMENT
PERMIT NOT VAUD FOR ANY PERSON OR BUSINESS DIFFERENT FROM ABOVE
* THIS IS YOUR PERMIT— POST IN A CONSPICUOUS PLACE IN YOUR BUSINESS
J
CUSTOMERS
Ak.
1 ) No tattooing shall be done on skin surfaces which have rash, pimples,
boils , infections or manifest any evidence of unhealth conditions.
2) Inquiry shall be made and anyone giving a history of jaundice or hepatitus
within one month may not be tattooed.
OPERATOR
1) The operator shall be free of communicable diseases and have no pustular
skin lesions.
2) Operator shall, refrain from smoking while administering the tattoo.
3) Operator shall wear a clean light colored short sleeve smock during
the tattooing operation,
4) The operator shall wash his hands thoroughly with soap and water before
starting to tattoo; the hands shall be dried' with individual, single—
use towels.
PROCEDURE
1) If the skin is to be shaved, the shaving shall be done after skin is washed
with soap. A new single service blade shall be used for each patient.
The blade shall be discarded after each use. Blade holders shall be autoclaved
after each use.
,
2) Following shaving, the skin shall be prepared by thoroughly washing with soap
followed by gentle scrubbing of the skin with 70Z isopropyl alcohol three
times using a separate sterile gauze pad each time. Any alternate method
of skin preparation shall be approved in writing by the Director of Department
of Health Services.
3) Petroleum jelly used for stencils shall be in a collapsible tube and shall be.
applied on the area to be tattooed with sterile gauze. The collapsible tube
and gauze shall be used only once and then be discarded.
STERILIZATION OF TATTOOING PIGMENTS AND INSTRUMENTS
1) All pigments, dyes , and equipment shall be sterilized in the manner set forth
below. There shall be sufficient equipment on hand in each shop to handl!
one night's tattooing without having to resterilize. Instruments and eq
meat that shall be steam sterilized shall include but not limited to:
Dyes , pigments
Paper towels, napkins
Bandages (unless purchased in individual sterile packages)
Charcoal
Towels
Needle tubes
Wiping cloths
Needles
2) Immediately before apply g a tattoo, the quantity of �,e to be used for
the tattoo shall be squeezed from the sterile dye bottles into sterile
paper cups. Upon theAcOmplerion of the tattoo, these paper cups with the
dye shall be discarded. Any dye in which the needles were dipped shall
not be used on another person.
3) Excess dye o= ink shall be removed from the skin with an individual sterile
wiping tissue or gauze which shall be used only on one person and then im-
mediately discarded.
4) The use of styptic pencils , alum blocks , or other solid styptics to check
the flow of blood is prohibited.
FINAL PROCEDURE
1) After completing work on any, person the tattooed area shall be washed with
sterile gauze saturated with 70Z alcohol solution. The tattooed area shall
be allowed to dry. A dry sterile gauze dressing shall then be fastened
loosely, to the tattooed area with adhesive peladtting free circulation of
air.
2) All infections resulting from the practice of tattooing shall be reported
to the Health Officer by the person owning or operating the tattooing
es tab lishment. _
3) Records shall be kept of tattooes administered, including date, time, identi-•
fication of tattoo, and operator's name.
COUNTY OF SAN DIECO
DEPARTMENT OF HEALTH SERVICES
1255 II•BERIAL AV.
San Diego, CA 92101
Phone: (619)- 338-2222
+ ICI
"AN DIEGO MUNICIPAL CODE §42.0207
shall use all or other material to stop the flow of
AIVISIt„12 blood unless +ae same is applied as a powder ana
Persons.1 Services with a clean towel The use of styptic pencils,alum
blocks or other solid styptics is prohibited
e.CUSTOMERS SKIN DISEASES.No shaving,hair
cutting or tattooing operations shall be performed
§ 42A20I Barber Shop,Beauty Parlor,Tat- upon any person affected With any disease of the
akin or scalp.No skin disease shall be treated in any
tooing—'Regulated such establishment.
Health Regulated Businesses shall include tattoo- (Amended 12-8-59 by0.8208 KS)
ing and the business of conducting, operating or
managing any tattooing establishment,barber shop § 42.0205 Barber Shop, Beauty Parlor —
and beauty parlor. Regulations
The owners and managers of barber shops and
§ 42.0202, Barber Shop,Beauty Parlor;Tat- beauty parlOm and personnel employed therein,
toning— Posting of Regulations shall conform,or secure conformation,to the follow-
ing regulations:
The owner, proprietor or manager of any of the a. STERILIZING AND WASHING OF TOOLS. All
foregoing establishments shallkeep a copyofregula- combs,hairbrushes,dusters and other articles must
tions posted in a conspicuous place in his establish- bewashedwith soapandwateratfrequent intervals
ment,which copy shall be furnished by the Delmn- and shall be kept Clem at all times.Ali mugs,shaving
ment of Public Health. .brushes, scissors, pincers, needles, clippers and
other instruments trust be sterilized after each
§ 42.0203 Barber Shop, separate use,in a solution approved by the Director
p,Beauty Parlor,Tat. of Public Health
tooing — Adequate Plumbing, Clean Floors b.HEADREST:Novperator shall permit any per-
Required—Sleeping on Premises Prohibited son to use the headrest of any barber chair or chair
under his control,unless the headrest is covered by
.All of the foregoing establishments shall be clean, new paper,or by a fresh,clean towel.
equipped with running hot and cold water, with c' REMOVAL OF CUT HAIR. No operator shall
adequate with facilities and with all such remove the cut hairs from the face or neck of a
�p�- customer by the process of blowing (Le, blowing
ces,furnishings and materials as may be necessary through the lips); mechanical bellows or sanitary
to enable persons employed in and aboutsuch estab- brush may be used
chapter.
h to comply with the requirements of this d. RUBBER COLLAR PROTECTOR. The use of
chapt The floors of such establishments shall be kept rubber collar protectors is prohibited
free from hair at all times and shall be swept and
mopped daily and all furniture and equipment shall $ 420206 Barber Shoe—Regulationsbe kept free from hairs and dust
No such establishment shall be used as a sleeping The owners and managers of barber shops, and
room or dormitory. personnel employed therein,shall conform, or
secure conformance,to the following regulations
a RAZOR DISD*MCrTNG. The blade of a razor,
§ 42.0204 Barber Shop,Beauty Parlor,Tat- which has been stropped during the operation of
tooing—Regulations shaving acustomer,shanbeimmetaedinadisinfect-
ing solution, approved by the Director of Public
The owners and managers of barber shops,beauty Health,and then wiped,before being again applied
parlors and tattooing establishments, and person- to the face of the customer.nel employed therein,shall conform,or secure con- b,CUSPIDORS.Adequate cuspidor)must be fur-
formance,to the following regulations: - nished,which shall be cleaned daily,sl�be kept in
a TOWEL LAUNDERING.No operators shall use a clean and sanitary condition, and all be pro-
for service of any customer,any towel or wash cloth vided at all times with a disinfecting solution
that has not been boiled or laundered since last approved by the Director.
used
b. OPERATORS UNIFORM. All operators shall
wear clean,washable coats or aprons while serving 0 42.0207 Tattooing—Regulations
customers.. The owners and managers of tattooing establish-
c. WASHING OF HANDS. Every operator shall meats, and personnel employed
clean his hands thoroughlypkoyed therein,shall con-
uumedtate�.bef°� '' form,or secure conformation,to the following regu-
lations:
d. TREATMENT OF BLOOD FLAW. No operator a STORING OF INSTRUMENTS. All needles and
t°asrzy MC 4-23
§42.0207 SAN DIEGO MUNICIPAL CODE
instruments shall be kept in aclose<._ sscasewhile Section 33.3504ofth' e
not in use (Added12-21-76 by0-11969NS)
b.STERILIZING OF INSTRUMEJM Stearnstern-
• ire, approved by the DirectoPublic Health, § 42.0216 Peep Show Establishments —
shall be provided and all needles and operating Regalated
in
struments Omer. shall be sterilized before using on each Health regulated businesses shall include peep
c. STERILMING SOLUTION.Sterilizing solutions, show establishments as defined in Section 33.3302
approved by the Director, may be used on instru- of this Code
ments whenever itcanbeshowntotheDirectorthat (Amended7-23-90 by0-17496NS)
such instruments,other than needles,are damaged
by boiling in a sterilizer.
d. ANTISEPTIC ON SKIN. The customer' sidn
shall be thoroughly cleansed with an antisepticsolu-.
lion, approved by the Director,before commencing
any tattooing. •.
e.OPERATING TABLES.All operating tables shall
be constructed of metal with white enamel orporce—
lain finish,or stainless steel,
L MINORS.It sMU be unlawful to tattoo any per-
son under the age of twenty-one(21)years,unless
the written consent of the parent or guardian is .
obtained,and such written consent shall be kept on
Me for two years in the offimofsaidestablishment
g. INFECTIONS.All Infections resulting from the
practice of tattooing shall be rq)orted to the Health
Officer bythe person owning or operating the tattoo-
ing establishment
IL CUSPIDORS.Adequate cuspidors must be fur-
nished,which shall be cleaned daft,shall be Wept in
a clean and sanitary condition, and shall be.pro-
vided at all times with a disinfecting solution
approved by the Director.
L N24DAUM FLOOR SPACE.Such establishments -
shall have not less than one hundred fifty (160)
square feet of floor space,and the light and ventila-
tion shall be of astandard approved bythe Dbwwr.
§ 42.0211 Massage Establishments and
Technicians—Regulated
(Repealed 12-21-76 byO-11969NS) .
42.0212 Massagc Parlor Health Permit
Denial,Suspension,Revocation
(Repealed 10-26-73 byO-111471CS)
§ 42.0213 Massage Parlor—Treatment of �.
Opposite Sex ProMbited
(Repealed 10-26-73 byO-11147N.S)
§ 42.0214 Massage Parlor — Qualifying
Examination
(Repealed 10-26-73 byO-11147NS)
§ 42.0215 Massage Businesses and Tech-
nicians —Regulated f
Health regulated businesses shall include massage
businesses and massage technicians as defined in
MC 4-24
(no.sn)
HEALTH AND SANITATION 566.302
SEC. 66.102. [RESERVED.] CHAPTER 2. CAMPS AND
(Repealed by Ord No.6378(N.S.),effective 7-29.82) PICNIC GROUNDS'
SEC. 66.103. MESERVED.J CHAPTER 3.TATTOO PARLORS AND
(Amended by Ord. No. 5405 (N.S.), effective MOBILE TATTOO VEHICLESt
3.22.79, operative 3.2.1-79; repealed by Ord. No.
6378 (N.S.), effective 7-29-82) ARTICLE 1. DEFINITIONS AND GENERAL
PURPOSE
SEC. 66.104. [RESERVED.] SEC. 66 301. STATEMENT OF PURPOSE.
(Amended by Oid.No.3436(NS.),effective 1-1-70;
repealed by Ord No.6378(NS.),effective 7-29-82) The purpose of this Chapter is to provide for the
regulation of tattoo parlors and mobile tattoo ve-
SEC. 66.105. (RESERVED.) hicles operating in the unincorporated territory of
(Amended by Ord. No. 4963 (N.S.), effective the County of San Diego to prevent communi-
9-15.77; amended by Ord. No. 5405 (N.S.), effec- cable disease which may be spread through im.
five 3 22-79, operative 3.2 .79; repealed by Ord. Proper tattooing techniques
No. 6378 (N.S.), effective 7-29.82) (Added by Ord. No. 8324 (N.S.), effective 12-9-93)
SEC. 66.106. [RESERVED.] SEC. 66.302. DEFINITIONS.
(Repealed by Ord.No.6378(IdSJ,effective 7-29.82) The following terms contained in this chapter
shall have the following meaning:
SEC. 66.107. [RESERVED.] (a). APPROVED means acceptable to the
(Amended by Ord No. 4963 (N.S.), effective Health Officer of the County of San Diego.
9-15-77; repealed by Ord. No. 6378 (N.S.), effec-
tive �) ASEPTIC TECHIPIQUE means radices
7-29 82) which prevent and hinder the transmission
of disease producing micro-organisms from
SEC. 68.108. [RESERVED.) one person or place to another person or
(Added by Ord No.4963 (N.S.), effective 9-15-77; place.
repealed by Ord.No.5726(Na), effective 5.8-80) (c). BIOHAZARDOUS WASTE means any of
the following:
SEC. 66.209. VIOLATI0N—INF.RA=0N—
IIIISDEMEANOR (1) Laboratory waste, including, but not
limited to,specimen cultures from med-
(a) Except as provided in subsection (b), any ical and pathological laboratories, cul.
person violatinganyprovision ofthis chapter shall tures and stodo of infectious agents
be deemed guilty of an infraction. from research and industrial laborato-
ries, wastes from the ptolietion of bi-
b) A person convicted of a third or subsequent ological agents, discardedtive and at-
violation of this chapter within two years from tenuated vaccines, and curare dishes
the date of the fast conviction shall be deemed and devices used to transfer, inoculate
guilty of a misdemeanor. and mix cultures or material which
(c) Each day on which a violation occurs or con- -Note—Chapter 2,CADS AND PICNIC GROUNDS.Sec.
tines shall constitute a separate offense. tons 66201-.66.221.rope"by Ord Na 7309(N.&L effec.
(Added by Ord.No. 5233 (Na), effective 8.22-78• tive 7.2-87.
Ord.No.5233 superseded by Ord.No.5246(N.S.), tWtor's note—Chapter 3.Chadreds Camps,repealed by
adopted 8 29 78,effective 9 28 78;amended Ord. Ord No.2845 INS].effective T.2265;new Chapter 3.Tattoo
by Parlors and Mobile Tattoo Vehicles,added by Ord.No. 9324
No. 6466 (N.S.), effective 12.2.82) (NM.effective 22.9.93.
Supp. No. 3.3-94 1013 ,
0 0 ,,
i 66«02 N.SAN DIEGO COUNT:'CODE
may contain infectious agents and may (f). MOBILE TATTOO VEHICLE means a non.
pose a substantial threat to health. permanent,mobile tattoo establishment,op.
(2) Recognizable fluid blood elements and erating at locations remote from the per.
regulated body fluids, and containers manent tattoo establishment,from which a
and articles contaminated .with blood tattoo artists does tattooing for a fee or for
elements or regulated body fluids that other consideration.
readily separate from the solid portion (g). PERMIT means an annual permit issued to
of the waste under ambient tempera. a tattoo parlor or mobile tattoo vehicle by
ture and pressure. Regulated body the Deputy Director of Environmental
fluids are cerebrospinal fluid,synovial Health Services.
fluids, pleural fluid, peritoneal fluid,
pericardial fluid,and amniotic fluid. (h)• SINGLE SERVICE means one-time, one
(3) Sharps, which are objects or devices person use.
having acute rigid corners, edges, or W. TATTOO ARTIST means a person who err,
protuberances capable of cutting or Sages in tattooing.
piercing, including,but not limited to.
hypodermic needles,blades and slides. G)• TATTOO PARLOR ESTABLISHMENT
(4) Contaminated aaiaoal carcasses body means any permanent premises where a
parts, excrement and bedding of ani- tattoo artist does tattooing for a fee or for
mals including materials resulting other consideration.
from research, production of biologi- (k). TATTOOING means any method of placing ;
cals, or testing of pharmaceuticals designs,letters,scrolls,figures,symbols,or
which are suspected of being infected any other marks upon or under the skin
with.a disease communicable to hu- with ink or colors,by the aid of needles or
mans. instruments.
(5) Any specimens seat to a laboratory for (Added by Ord.No. 8324 (N.S.), effective 12.9-93)
microbiological analysis.
(6) Surgical specimens including human or
animal parts or tissues removed surgi-
cally ARTICLE 2 TATTOO PARLORS
or by autopsy.
(7) Such other waste moteras that result SEC. 66.303. CUSTOMERS.
from the administration ofinediral care
to a patient by health care providers (a)• No tattooing shall be done on skin surfaces
and are found by the administering which have rash,pimples,bmr7s,infections or man-
agency or the local Health Officer to Oda any evidence of unhealthful conditions.
pose a threat to human health or theenv ro). No tattoo shall be administered to any
opinionme bett.ween
there is a difference g person under the age of eighteen(18)years of age_
opinion between the administering
agency and the local Health Officer,the (c). No tattooing shall be performed on any
local Health. Officer's view will pre. person, who has given a
veil. history of jaundice or
hepatitis infection within the previous thirty days..
(d). DEPARTMENT means The San Diego (Added by Ord- No. 8324 (NS.),effective 12.9-93)
County Department of Health Services.
(el. ENFORCEMENT OFFICER mesas the SEC. 66.304. OPERATOR
Health Officer of the County of San Diego (a), The operator shall be free of communicable
or his/her designees,the Deputy Director of diseases and have no pustular skin lesions.
Environmental Health Services or his/her
assistant deputies, designees and em- (b). The operator shall not smoke during the
ployees- tattoo operation.
Supp. No. 3.3-94 .1014
HEALTH AND SANITATION § 66.306
(c). The operator shall wear a clean, light- (4) Petroleum jelly to be used for stencils shall
colored, short sleeved smock during the tattoo op- be dispensed from a disposable, single use
eration. collapsible tube or container, approved by
the Health Officer, and shall be applied on
(d). The operator shall wear disposable gloves the area to be tattooed with sterile gauze,
during the tattooing operation. sterile tongue blade or sterile applicator
(Added by Ord. No. 8324IN.S.), effective 12-9-93) stick.The container shall be discarded fol-
lowing a single use.
SEC. 66.305. ASEPTIC PROCEDURE z (c). During the tattoo operation, dyes,inks and
TREA77VI= OF Slat. bodily fluids shall be removed with sterile mate-
(a). Before working on a customer, the tattoo rial' and properly disposed of at the end of the
artists shall cleanse their hands and arms in the i;; o operation. • ..
following manner. (d). The tattooed shdn surface shall be treated
in
(1) Thoroughly scrub hands and fingernails the following,.,a,..,.,-
with water, soap and a hand brush- The (1) The tattooed skin surface shall be washed
upper arms to the elbow shall.be snubbed with a sterile gauze saturated with 70%al-
with soap; cohol solution.
(2) Rinse hands and upper arm with running (2) The tattooed skin surface shall be allowed
water, to air dry.
(3) Rinse hands with an approved antiseptic (3) The tattooed skin surface may be treated
solution such as seventy per cent alcohol; with Bacitracin Ointment applied with a
and sterile applicator from single'use tubes of
(4) Hands and arms may be dried with clean, ointment Un-used portions of the ointment
individual, single use towels; shall be discarded.
(4) The tattooed skin surface shall be loosely
(b). The area of the customer's skin to be tat
covered with a dry sterile gauze dressing
tooed shall be prepared by. with adhesive to permit free circulation of
(1) Washing with water and soap. A`sterile au.
hand brush,in conjunction with water and (Added by Ord. No. 8324 (N.S.), effective 12.9-93)
soap, shall be used to produce a clean skin
area. SEC. 66.306. S"r'F'nTr•IZATrON OF TATTOO
PIGMENTS AND INSTRU-
(2) After washing of the skin surface,shaving MENTS.
shall be done'with-a new single service
blade. The-blade shall be discarded, in the (a). All pigments,dyes and equipment shall be
proper manner, after use. Reusable blade steam sterilized in an autoclave with at least fif.
holders shall be sterilized in an autoclave teen (15) pounds Pyre Per -4pch (251
after each use. If disposable blade holders degrees Fahrenheit) for at least fifteenirninutes.
are used, they may be used on one cus- Autoclaves shall not be overloaded. Eq#ipment
tomer only and then shall be disposed in an shall be loosely packed in the autoclave. There
approved manner. shall be sufficient equipment on hand in each es-
tablishment to handle 24 hours tattooing without
(3) Following shaving, the skin shall be pre having to ce-steriliza
pared by thoroughly washingwith soap,fol-
lowed by gentle scrubbing of the skin with (b). Instruments and equipment that shall be
70% isopropyl alcohol of Betadyne three steam sterilized shall include, but not limited to:
times, using a separate sterile gauze pad each time �,� Pigments Needle tubes
Supp. No.3.3.94 - 6 1014.1
4 66.306 ; SAN DIEGO COUNTY CODE
Paper towels, nap- Needles (b). The stencil shall be scrubbed with soap and
kins a brush after use to remove all accumulations of
Charcoal Wiping cloths carbon and vaseline in the etched grooves of the
(c). All equipment shall be thoroughly cleaned
stencil.The stencil shall be dried on a clean towel-
before being sterilized. Instrufnents shall be (c). The dried stencil shall be sanitized by im.
cleaned with soap or detergents by use of a brush. mersing in the chlorine solution,design side down
Interior of needle barrels shall be brushed.After for at least ten minutes.
cleaning, equipment sh411 be thoroughly rinsed -
under running fresh tap water. . (d). The sanitized stencil shall be rinsed in tap
(d). Each piece of equipment shall be indivfdu- water and may be air Vied or blot dried with
ally wrapped with paper in an a clean, sterile paper towers. The ateaml shall be
approved u methodstored in a dean folder or envelope
for autoclaving. Metal foil may not be used. Tab
toomg needles shall be threaded through the metal (e). Prior to use, each Dre-rleaned stencil shall
tube that attaches to the tattooing vibrator and be wiped with a piece of sterle'gauze soaked in
shall be placed in a glass(or plastid test tube with 70% isopropyl alcohoL The stencil shall be al-
a cotton plug for autoclaving.Gauze may be placed lowed to air dry while other preparatory steps are
at bottom of test tube to prevent damage to needle being taken
tips.Wiping tissues shall be sterilized in a single (Added by Ord. No. 8324 (N.S.), effective 12-9-93)
pack to be used for one tattoo only and then be
discarded.
(e). All pecks shall be marked with tempera_ SEC. 66.308. USE OF DYES AND INKS.
tune recording tape or Iabels
(a)• Dyes or inks shall be from an approved
(fl. The
par�m+a in which equipment is steril- source of supply.The tattoo parlor permittee shall
ized shall be dated with date of autoclaving.Equip submit to the Enforcement Officer in writing,the
meat shall not be used 30 days,or more after au- source of the dyes and inks used in their estab.
todaving, without being re-sterilized. lishment.
(g). Dyes or inks shall be used from squeeze (b). Dyes or inks to be immediately used in tat-
bottle containers in which the dyes or inks have tooing shall be dispensed from the sterile dye bot-
been sterilized in an autoclave.Dye shall be kept . tles into sterile paper cups. Upon completion of
in a sterile condition and the dye bottles filled the tattooing, the paper cups and remaining dye
with dye shall be autoclaved at least once a week shall be discarded in the appropriate manner.Any
or more often, if necessary, to keep the dye in a dye in which a needle was dipped shall not be
sterile condition. Re-fitter of partially depleted used on another castomer.
squeeze bottle containers with dyes or inks shall
necessitate subjecting the bottle and its conteats (c). Styptics shall be single use only.Styptic ma.
to the sterilization procedure. terial shall be dispensed only from single use con
(Added by Ord. No. 8324 (NS.),effective i2.9.9s) tainers,then discarded after use on one customer..1
SEC. 66.307. PREPARATION OF STELA- (Added by Ord.No. 8324 (N.S.), effective 12-9.93)'
CILS.
(al. Re-usable stencils shall be sanitized by im-
SEC. 66.309. INFECTIONS.
mersion in a chlorine solution containing no less All infections resulting from the practice of tab
than 100 parts per million (ppm) of chlorine (one tooing shall be reported to the Health Officer, by
ounce of household bleach (5.25%)with one quart the person owning or operating the tattoo estab.
of water).The sanitizing solution may not be used IfshmenL
for more than thirty minutes after preparation. (Added by Ord. No. 8324 (N.S.), effective 12.9.93)
t.`
Supp. No. 3,3.94 81014.2
HEALTH AND SANITATION § 66.312
SEC. 66.310. RECORDS. room shall be maintained in'a sanitary condition
(a). The permit holder shall maintain proper and in good repair.
records of each customer. The records shall in- (g). All needles and instruments shall be stored
clude the following information in a manner so as to provide protection from con-
(1) The date when the tattoo was applied. tamination after sterilization. Adequate storage
shall be provided for all needles and instruments.
(2) The name,address and age of the customer. (W Operating tables shall be constructed of
(3) The-design of the tattoo and the location metal or white enamel or porcelain finish,or stain.
applied to the body. less steel.The operating tables shall be separated
(4) The name of the tattoo artist from observers and waiting customers by at least
ten feet
(b). The information required in, subsection (a) (i). No smoking be
shall be permanently recorded,in ink or indelible g s permitted in the tat.
pencil, in a bound book kept solely for this pur- tooing area
pose- This book shall be available at reasonable (j). Tattooing.shall be the only activity con-
hours for examination by the Enforcement Officer ducted in a tattoo parlorestablishment
and shall be kept in the establishment for a min-
imum of six months. ad. Adequate,approved containers shall be pro-
(Added by Ord. No. 8324 WSJ, effective 12.9.93) vided for the disposal of wastes.
(1). Instruments, dyes, inks, pigments, carbon,
SEC.'66.311. TATTOO PARLORS — SANI• stencils and other paraphernalia used in the tattoo
. TATION REQUIREMENTS. parlor shall be stored exclusively in approved
(a). The premises of a tattoo parlor shall be closed cabinets.
maintained in a clean and sanitary manner at all (in). No saimals shall be allowed is the Tattoo
times, free from vermin or rodent infestation and Parlor at any time.
excessive dust and dirt (Added by Ord. No. 8324 (N.S.), effective 12.9.93)
(b). The walls and cel7mgs shall be easily clean- SEC.
able,smooth surfaced and light-colored.All walls 66312. DISPOSAL OF BIOHAZ-
and ceilings shall be kept in a clean condition and ARDOUS WASTES.
is good repair. Potentially biohazardous waste materials gen-
(c). The floor surfaces shall be of smooth, non- eerrateTd y Tattoo Parlor E moments and Mo•
absorbent material and constructed so as to bebil disposed of in the
easily,cleanable.The floors shall be kept in a clean following manner.
condition and in good repair, (a). Sharps,which are objects pr devices having
(d). Adequate lighting and ventilation shall be acute rigid per• edgm or protuberances ca-
provided, pable of cutting or piercing, including, but not
limited to, hypodermic needles, to needles,
(e). Each tattoo establishment shall have a sink blades, and slides shall be diaiafand dis-
for the emdusive use of the tattoo artist for hand posed of, by one of the following methot�
washing and preparing the customers for tat-
tooing. The sink shall be supplied with hot and (1) By a cold disiaftc ion method when used
cold running water under pressure to a mixing strictly in accordance to instructions, and
type faucet,a soap dispenser with soap,and single which has been approved by the State De.
use paper towels from a dispenser. partment of Health Services The sharps
disposed of in this manner may be disposed
M. Water closet and hand basin shall be avail- of the municipal solid waste hauler.
able on the premises for use by customers and Prior to pick-up by the municipal solid
tattoo artists. The plumbing fixtures and toilet waste hauler,the cold disinfection container
Supp.No.3, 3.94 1014.3
5 66.312 ; SAN DIEGO COUNTY CODE
or a secured trash area to prevent tam_
shall be stored in a Iocked trash dumpster (c). No animals shall be allowed in the Mobile
pering. Tattoo Vehicle at any time
(2) B (d). The Mobile Tattoo Vehicle shall be used
Y disposal via a Permitted Biohazardous only for the purposes of tattooing.
Waste Hauler or a State of California Au-
thorized Medical Waste I-rauler, who pos. (e). The Mobile Tattoo Vehicle shall be equipped
sesses a permit from the appropriate egu. with a sink for the exclusive use of the
latory agency. tattoo artist for handwashing and preparing
(3) By autoclaving the sharps to be customers for tattooing. The sink shall be
disposed of supplied with hot and cold running water
for at least thirty minutes at 15 (fifteen) under pressure to a
pounds Per square inch (psi) at a tempera. P moap type s faucet a
-ture of 251 degrees Fahrenheit, bound in ispensar with seep and single use
Packs with tom Paper towels from a dispenser.An adequate
P sensitive indicating supply of potable water shall be maintained
tape- Once sterilized, the sharps must be for the Mobile Tattoo Vehicle at all times
contained landfill before disposal is the municipal tattooing is being performed
(4) Other (f)• All liquid wastes shall be stored in an ad.
State�� methods approved bq the equate storage tank with a
epartsaent ofHealth Services or the ceP�h'at least
Local Health Officer.. MY Per-cent greater than the capacity of
the on-board potable water. Liquid wastes
(b). Gauze,wipes,tissues,unused dyes and inks, shall be disposed of.at approved trailer
and other non-sharp(s)used in a tattooing opera- dump sites.
tion shall be contained and secured on site, .to (g)- The Mobile Tattoo Vehicle shall be main-
prevent unauthorized access.This material shall twined in a clean and sanitary condition free
be disposed of; in the municipal landfill, by a If. of vermin, at all times Doors shall-be self-
censed solid waste hauler(general trash hauler). closing and tight-fitting.Openable windows
:Added by Ord. No. 8324 (N S), effective 12.9.93) shall have tightfitting screens.
ARTICLE 3.MOBILE TATTOO VEHiCLr..S (h). There shall be approved restroom facilities
within 200 feet of the Mobile Tattoo Ve.
hicle.
SEC. 66.313. MOBILE TATTOO VEMCLES.
(i). There shall be adequate light and veatila-
In addition to complyingwith the requirements tion in each Mobile Tattoo Vehicle
of Article 2, euxptiug for Section 66.311(f),.Mo- In• Mobile Tattoo Vehicles which are not asso-
bile_Tattoo Vehicles and Tattoo Artists working
from a Mobile Tattoo Vehicle shall also comply crated with Tattoo Parlor Establishments
!with) all of the following requirements operating is the County of San Diego shall
maintain on-board steam sterilization
(a). Mobile Tattoo Vehicles which do not have equips Meeting the requirements ofSea•
on board sterilization equipment shall have lion 66.306(a) of this chapter. All equip .
sufficient utensils and equipment an hand ment requiring sterilization shall be steril- :I
is each Mobile Tattoo V izsd using
Vehicle sin th to handle one g eon board sterilization
days tattooing without having to re- equipment.
sterilize (Added by Ord. No. 8324 (N.S.), effective 12-9.93)
(b). Tattooing performed pursuant to this sec- ARTICLE 4.ENFORCEMENT
lion shall be done only from an enclosed
vehicle such as a trailer or Mobile-home. SEC. 66.314. PLANS.
No tattooing of the skin shall be performed Every person proposing to construct a Tattoo.
outside of the enclosed vehicle Parlor Establishment or Mobile Tattoo Vehicle,
3upp'No.3.3.94 1014.4
HEALTH AND SANITATION ¢ 66.402
shall file a copy of the plans thereof, with the (c). Each day on which a violation occurs or con-
appropriate plan review fee,prior to construction, tinues shall constitute a separate offense.
with the Deputy Director of Environmental Health (Added by Ord. No. 8324 (N.S.), effective 12-9.93)
Services, for review and written approval prior to
commencing the work and in advance of the issu- ARTICLES. PERMIT REVOCATION OR
ance of any building, plumbing or electrical SUSPENSION
permit
(Added by Ord. No. 8324 (N.S.), effective 12-9-93) SEC. 66.319. PERMIT REVOCATION OR
SEC. 66.315. INSPECTION.
SUSPENSION.
(a). In the event that the Deputy Director of
For the purposes of.this chapter, the Enforce- Environmental Health Services has determined
meat Of)iceraaay st all reasonable times enter all that con&%ions"emst or have existed in the past
parts of a Tattoo Parlor Establishment or Mobile which indicate an inability or unwillingness to
Tattoo Vehicle to make examination and investi- comply with the requirements of this chapter, a
gation to determine the sanitary condition of the Permit Revocation or Suspension hearing may be
establishment or vehicle and whether this chapter conducted.All matters relative to the Permit Re.
or rules and regulations are being violated, vocation or Suspension hearing action will be con.
(Added by Ord. No. 8326 (N.S.), effective 12.9-93) ducted pursuant to'Title 6,Division 1, Chapter 1,
commencingwith Section 61.123 and ending with
SEC.• 66.316. PERMIT REQUIRED. Section 61.127 of this code, excluding Section
61.125(a).
It shall be unlawful for any person to engage in
the business of operating a Tattoo Parlor Estab- (b). Hearing Officer.The Hearing Oflicer:shall
lishment,or a Mobile Tattoo Vehicle without first be a person designated by the Deputy Director of
applying for and receiving approval of a permit Environmental Health Services.
from the Deputy Director of Environmental Health (Added by Ord No. 8324(N.&), effective 12-9.93)
Services.
(Added.by Ord No. 8324 (N.S.), effective 12.9-93) CHAPTER 4.REFRIGERATION PLANTS
SEC. 66.317. APPLICATION FOR PERMIT. ARTICLE 1. GENERAL PROVISIONS
The permit required by this chapter shall be SEC. 66.401. DEFINITIONS.
applied for and issued as prescribed in Title 6,
Division 5 of this Code.Every person applying for For the purposes of this chapter the following
a permit shall pay the annual permit fee set forth definitions shall. apply: "REFRIGERATION
in Title 6,Division 5, Section 65.107 of this Code. PLANT"means any facility or equipment for the
(Added by Ord. No. 8324 (N.S.), effective 12.9-93) refrigerated storage for compensation of meat not
owned by the person mafmtaining the �-aeffin�gera-
SEC. 66.318. VIOLATION INFRACTION — hon equipment, or for the sale of frozermeat at
MISDEMEANOR. wholesale or retail i
(a). Except as provided in subsection (b), any SEC. 66.402. PERMIT REQUIRED.
person violating any provision of this chapter shall
be deemed guilty of an infraction. It shall be unlawful for any person to operate,
maintain or keep in the unincorporated territory
(b). Any person convicted of a third or subse- of the County any refrigeration plant without an
quent violation of this chapter within two years annual permit therefor from the Deputy Director
from the date of the first conviction shall be of Environmental Health Services
deemed guilty of a misdemeanor. (Amended by Ord.No.7428(N.S.),effective 2.4.88)
Supp.No.3, 3.94 1014.5
§66.403 SAN DIEGO COUNTY CODE
SEC. 66.403. APPLICATION FOR PERMIT. sanitary manner. Every such plant shall be open
Any person desiring a permit required by this at all times to inspection by the Department of
chapter shall make application therefor as ore. Health Services.
sc:oed in 'Title 6, Division 5, Section 65.107, of (Amended by Ord. No. 5405 (N.S.), effective
this Code. 3-22-79, operative 3-23-79)
Crone references—Sewer and sewage disposal plants, §
(Amended by Ord. No. 6378 (N.S.), effective 68.101 et seq.;management of solid waste, §68.501 et seq.
7-29-82; amended by Ord No. 7428 (N.S.), effec-
tive 2-4-88)
SEC. 66.411. STAMPING OF UNIN-
SEC., 66.404. ANNUAL PERMIT FEE. SPECTED MEAT.
•,. mul�annualfeeforthe"pei�it'Tegvned'b 9is 'Aitvninspectedb?efvealo-llambkeptorplaced
� ;
- spem-%hJtll-be th� edresZ_r by Title 6, Divi- in anyh= ut on"' 'sI wall be stamped im-
sion 5, Section 65.107, of this Code. mediately upon arrival with a roller stamp so as
(Amended by Ord. No. 6378 (N-S.), effective to be legibly narked"Uninspected Meat—Not for
7-29-82; amended by Ord. No. 7428 (NZJ, effec. Sale."All uninspected pork kept or placed in any
five 2-4-88) refrigeration plant shall be stamped immediately
upon arrival with a hot stamp so as to be legibly
SEC. 66.405. REVOCATION OF PERMIT, marked"Uninspected Meat—Not for Sale."Every
Any permit issued pursuant to this chapter may show stamp
lane peuired byrmit
this section shall also legibly
P Y P permit number issued the plaaf by
be revoked by the Deputy Director of Environ- the Deputy Director of Environmental Health Seri
mental Health Services on proof of violation by vices.
the pe=ttee of any provisions of State law,this (Amended by Ord.No.7428(N.SJ,effective 2r1-88)
Code, County ordinance or rule of the Deputy Di-
rector of Environmental Health Services per. SEC 66412 HIDES MUST ACCOMPANY
twining to health or sanitary matters SEC. 66.412. CARCASSES.
(Amended by Ord. No. 3472 (N.S.), effective
3-19-70; amended by Ord. No.-7428 (N.SJ, effer Every refrigeration plant shall accept and store
five 2 4 88) beef,veal and lamb carcasses only when the hide
SEC. 66.406. BOND REQUIRED, accompanres the carcass.Every refrigeration plant
shall keep a record of the disposition of such hide,
Every refrigeration plant handlinginspected 'porch record shall be available at all times to the
and uninspected beet; lamb, park or veal shall Department of Health services and the State Hide
Post with the Department of Health Services a and Brand Inspector.
-i9mre or cash•boo in thwo•a rX$1,0 Maw.•.- .. (Alp _by Ord No. 5405 (N.S.), effective. .
�mpliaa�y the'permittee with-all ZZIM,"operative 3- 3'79)
the terms and provisions of this chapter and sub.
ject to forfeiture upon the conviction of the per, SEC. 66.413. DESIGNATION -OF MEAT
mittee of violation of any provision of this chapter. PROCESSING DAYS.
(Amended by Ord. No. 5405 (N.S.), effective
3 22 79, operative 3 23-79) Every refrigeration plant handling or processing
inspected and uninspected meat shall designate
ARTICLE 2. REGULATIONS different days of the week upon which inspected
meat will be processed and uninspected meat will
SEC. 66.410. SANITATION REQUIRE- be Processed, and shall notify the Department of
g Health Services in writing of such designation and
of any change thereof together with the effective
Every refrigeration plant where meat is stored date of such change. It is unlawful for any refrig
shall be maintained and operated in a clean and eration plant to process both inspected and unin-
f•.
Supp.No.3.3•94 1014.E
VI. CONSUMER PRO' :TION to practice in tl ;tate, or under the personal
supervision of such a physician.
Chapter 9.68 B. The application of permanent
make-up or cosmetic reconstruction by a li-
SOLICITING PERSONAL INJURY VICTIMS censed cosmetologist, electrologist, or nurse,
as defined in the California Business and Pro-
Sections: fessions Code, who has received additional
training in the procedures, practices and tech-
9.68.010 Soliciting victims unlawful. niques of permanent make-up application and
cosmetic reconstruction, including the appropri-
9.68.010 Soliciting victims unlawful. ate sanitary practices. (Ord. 94-7 § 1 (part),
It is unlawful for any person, or for the 1994)
officers, agents, servants or employees of any
such person, directly or indirectly, individually or 9.70.040 Violation--Penalty.
by agent, servant or employee, to solicit any No person, whether as principal, agent,
person injured as result of an accident, his ad- employee or:otherwise, shall violate or cause
ministrator, executor, heirs or assigns for the the violation the provisions of this chapter. Any
purpose of representing such person in making violation of this chapter shall be punishable as
claims for damages or prosecuting any action provided in Chapter 1.12 of this code. (Ord. 94-
or cause of action arising out of any personal 7 § 1 (part), 1994)
injury claim against any other person. (Prior
code §9.72) VII. OFFENSES BY OR AGAINST MINORS
Chapter 9.70 Chapter 9.80
TATTOOING CURFEW*
Sections: Sections:
9.70.010 Definitions. 9.80.00E Editor's note for chapter 9.80.
9.70.020 Prohibition of tattooing busi- 9.80.010 . Curfew restrictions for minors.
nesses. 9.80.020 Daytime loitering.
9.70.030 Exemptions. 9.80.030 Penalty.
9.70.040 Violation—Penalty.
9.80.00E Editor's note for chapter 9.80.
9.70.010 Definitions. * Prior ordinance history: Prior code §§
"Tattooing" means the insertion of pig- 14.2, 14.2-1.
ment under the surface skin of a human being,
by pricking with a needle or otherwise, so as to 9.80.010 Curfew restrictions for minors.
produce an indelible mark or figure through the It is unlawful for any minor under the
skin. (Ord. 94-7 § 1 (part), 1994) age of eighteen years to loiter, idle, wander,
stroll, or aimlessly drive or ride about in or upon
9.70.020 Prohibition of tattooing busi- any public street, avenue, highway, road, curb
nesses. area, alley, park, playground, or other public
No person shall manage, conduct, carry ground, public place, or public building, place of
on or participate in, directly or indirectly, the amusement or eating place, vacant lot or unsu-
business of tattooing. (Ord. 94-7 § 1 (part), pervised place between the hours of ten p.m.
1994) on any day and sunrise of the immediately fol-
lowing day; provided, however, that the provi-
9.70.030 Exemptions. sions of this section shall not apply:
Nothing in this chapter shall apply to: A. When the minor is accompanied
A. Any treatment administered in by his or her parent or parents, legal guardian
the practice of medicine by a physician licensed or other adult person having the legal care or
9-10
MEMORANDUM
TO: Ray Diaz, City Manager
FROM: Hart H. Ponder Jr., Code Compliance Supervis
DATE: October 17, 1997
SUBJECT: Tattoo Parlor Regulation .
On the State level, AB 186(Attachment"A'•'), approved by the Governor October 7, 1997, requires
local Health Officers to establish public health and safety standards for tattooing, body piercing, or
permanent cosmetics. This state-mandated program will require the above referenced businesses to
be registered with the county by December 31, 1998.
On the municipal level, regulation is a mixed bag. Most of the municipalities throughout southern
California require no extraordinary regulations targeting tattoo parlors. However, the foregoing is
a sample of various forms of regulations that do currently exist:
The City of Cathedral City: City Ordinance 420 (Attachment"B")regulates tattoo parlors much in
the same manner as AB 186. However, the ordinance goes fiuther regulation wise. Operator
cleanliness, apparel regulations, use of stencils and approved dyes are some issues addressed in this
ordinance. The City of Cathedral City requires a Conditional Use Permit per the provisions of the City
Zoning Ordinance.
The City of Palm Springs: The City will only permit tattoo parlors along with Fortune-telling in areas
zoned"P"Professional(Attachment"C"). In this zone, signage and advertisements are very restricted
per the City Zoning Standards.
The City of Culver City: Tattoo parlors are considered an"Adult Business" (like massage parlors or
adult bookstores)and must be approved through an appointed committee and then through a public
hearing process. They conduct a background investigation on all business owners wanting to operate
an adult business in Culver City. The City reports that no tattoo parlor has passed successfully
through this process(The background check by the police may be the catch, according to City Stag
they are sending the written process to us via US Mail.
Discussion: Each process has its merits. A combination of"tools" (health, zoning, police involvement
and placing tattoo parlors in an"Adult Business" category) would ensure a standard of safety and
quality that current City policy requires of other businesses. Notwithstanding the above, related
activities like body piercing and permanent cosmetics could be addressed also.
If you desire more information, please let me know. Staff awaits your direction in this matter.
i
CA 11LTH&S s 119300 Page 1
West'o Aan.Cal-Health&S—y Coda 1119300
WEST'S ANNOTATED CALIFORNIA CODES
HEALTH AND.9AFM•TY CODE
DIVISION 104. ENvMONMENTAL HEALTH
PART 15. MISCELLANEOUS REQUIREMENTS
CHAPTER 7. TATTOOING,BODY PIERCING,AND PERMANENT COSMETICS
Coor.0 west Grow 1998- Ali rights reserved.
Current through 1997 portion of 1997-98 Rcg. Sess. and 1st Ex. Sess.
§ L19300. Definitions
For purposes or MIS chapter, the mtlowing denuluens shall apply:
(a) "Tauoohrg" tueans 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 nr figure visible through the skin.
(b) "Body nieteins" means the creation of an oVScnine in the body of a human being for Lie purpose of inserting
jewelry or other decoration. This includes, but is not limited to, piercing of an car, 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 000dle dua is applied using a mechnuicel device to fwco tiro needle or Brad tboaugh the ea:.
(c) 'Permanent comw6cs' me=die application of pigments to or umhK the skin of a human being for the purpose
of permanently changing the color or other appearance or Inc s1Mn. Tws includes,mil Is 1101 nmlLN to, permanent
eyeliner,eye shadow,or lip color.
(d) "Dgwtment"means the State Department of Health Scrvicus.
CREDIT(S)
1998 Electronic Packet Part Update
(Added by Stats-1997,c. 742(A-B.186),§ 1.)
<General Materials(GM)-Rere=es,Annotations,or Tables 7
HISTORICAL AND STATUTORY NOTES
1998 Electronic Pocket Part Update
1997 Legislation
Scctioa 3 of Stare.1997,e.742(A.D.too,p,ovidas:
"This act shall become operative only if Assembly Bill 99 [Stats.1997,c.7411 is also enacted and becomes effective
on uT before lantary 1, 1998."
Wcst's Ann- [al. Health&Safety Code§ 119300
CA HLTH&S§ 119300
END OF DOCUMENT
Copr.0 West 1998 No Claim to Orig. U.S. Govt. Works
r /f
Sta
Wff % ?iFETI OATS, 12,- 11— _
j L`ONTIANUED TO I—
f] PASSED TO PMD NEWPIG
TO: The Honorable City Council r
FROM. Hart H. Ponder, Jr., Code Compliance Supervisor
SUBJECT: Urgency Ordinance to Regulate Tattoo Parlors as an Adult Activity
DATE:December ]], 1997
RECOMMENDATION:Approve Adoption of Urgency Ordinance 86 2 Amending Chapter
5.88 of the City Municipal Code to Include Tattoo Parlors (Role Call Vote)
BACKGROUND: Penal Code Section 653 prohibits minors from obtaining a tattoo. By
virtue of this requirement, staff is recommending that Tattoo parlors (including body
piercing) come under the same zoning requirements as other Adult Activities/Entertainment.
By placing Tattoo Parlors under the Adult Business Requirements, the City would put
appropriate requirements in place to maintain City Licensing, Zoning and Operational
Standards with these types ofadult businesses.
As an example, the only location that a tattoo parlor may conduct business is in the service
industrial zone (SI). Notwithstanding this requirement, the business cannot be within 500 feet
of(as an example) institutions of learning, churches, public parks and even other adult
businesses. An application for a permit is required Current law requires the Health
Department to make an inspection of the premises for any health violations.
This Ordinance sets out an amortization of legally existing businesses that are
Nonconforming as the result of this Ordinance. The time frames are set out on page two of
the attached ordinance. The City Manager may, on a case by case basis extend amortization
up to a total of two years if the business owner can show an "extreme hardship. " The
business owner can make an appeal to the City Council if the business owner does not agree
.,., a h ih&CftT WanagerIs decision
DENIED — .,•_ u-a ,«.. s.
0 .HE
MEETINC DATE
TAIN:
,.r i7. _ .� o _ M zcccssaa.s-.mom -'Weir'
" .erk" S�
0AM ;BEST, BEST,& RRiEGMR 7603400574;# 5/ 7
ORDINANCE N0. 862
i
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA, AMENDING
CHAPTER 5.08 OF THE PALM DESERT MUNTCIPAL CODE
TO REGULATE TATTOO ES
TABLISHMENTS AS ADULT
BUSINESSES.
WHEREAS, the practice of tattooing may spread communicable
diseases through improper tattooing techniques, and endanger the
health and welfare of citizens of the City; and
WHEREAS, Penal Code, Section 653 prohibits the tattooing of
minors; and
WHEREAS, Chapter 5.88 of the Palm Desert Municipal Code
provides for the regulation of adult businesses; and
WHEREAS, an emergency exists which requires and compels the
City to act to preserve the public health, safety and welfare
pursuant to Government Code, Section 36937, in that tattoo
establishments are not currently regulated by the City and should
be immediately regulated in order to protect the health and welfare
of the City's residents;
NOW, THEREFORE, the City Council of the City of Palm Desert,
California,) does hereby ordain as follows:
section 1. That the Recitals set forth above are true and
correct and are incorporated herein by this reference.
Section 2. That Section 5.88.020 ("Definitions") of
Chapter 5.88 ("Operation of Adult Entertainment. Establishments^) of
the Palm Desert Municipal Code be amended as follows:
A. Section 5.60.020 (A) (10) be added to read as follows:
"10. `Tattoo Establishment' means the business
of marking or coloring the surface skin of a
human being by insertion of pigment under the
surface of the skin by pricking with a needle
or otherwise, so as to produce an indelible
mark or figure visible through the skin and
shall include any business conducting body
piercing (other than solely earpiercing) , body
branding or similar activity. "Tattoo
Establishment" shall not include any treatment
administered in the practice of medicine by a
physician licensed to practice in this state,
nrfucwrrurun�
vI tsy 1/- 4-111 :10:4 :BEST, BEST',& KRIEMR- 7603400574;# 6/ 7
or under the personal supervision of such a
physician, or the application of permanent
make-up or cosmetic reconstruction by a
licensed cosmetologist, electrologist, or
nurse, who has received additional training in
the procedures, practices and techniques of
permanent make-up application and cosmetic
reconstruction, including the appropriate
sanitary practices.-
B. The current Section 5.88.020 (A) (10) be renumbered as
Section S. BB. 020 (A) (11) .
Section 3. That section 5.88.060 ("Amortization of
Nonconforming Uses") be amended in its entirety to read as follows:
"5.88.060. Amortization of Nonconforming
Uses.
The provisions of Title 25 of this Code
dealing with nonconforming uses shall, not be
applicable to adult entertainment
establishments as defined in this Chapter.
Instead, the following amortization schedule
shall apply to all adult entertainment
establishments which do not conform to the
terms of this Chapter but otherwise are
legally existing on the effective date of the
ordinance codified in this .Chapter, or any
amendment thereto, which renders the
establishment nonconforming.
A. For an adult entertainment
establishment legally existing in the City for
a period of no less than six months: 2 years;
B. For an adult
ment
establishment- legally existing within rthe nCity
for a period of no less than three months: 180
days; and
C. For an adult entertainment
establishment legally existing within the City
for any period up to three months: 90 days;
and
D. The City Manager is authorized to
grant extensions of the amortization period,
up to a total of an additional two years, upon
application by the adult entertainment
establishment based on a showing of extreme
hardship. The decision of the City Manager to
u�xwnuwni -2-
Sufi ISY: 12- 4-37 :10:41AM :11E5T, Bm,& NRIEcaR 7603400574:# 7/ 7
grant or deny a hardship extension shall be
appealable to the City Council within fifteen
(15) days of the City Manager's decision."
Section 4. This ordinance is
Passed
pursuant to Government Code, Section36937 asinthe a nterm st uof
Public health, safety and welfare.
Section 5, This ordinance is hereby declared to be an
Urgency measure and to be in full force and effect immediately upon
Passage by a 4/5 vote of the City Council of the City of Palm
Desert, California, Pursuant to Government Code, Section 36934 .
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council of the City of Palm Desert, California, on the
of 1997, by the following roll call vote: day
AYES:
NOES:
ABSENT:
ABSTAIN:
JEAN BENSON, MAYOR
ATTEST: City of Palm Desert, CA
By:
SHEILA R. GILLIGAN, C1� 't`k
City of Palm Desert, CA
APPROVFD .AS TO FORM:
By:
DAVID J. ERWIN, City Attorney
City of Palm Desert, CA
OMVA nwni -3-
- - :39M :BM, BEST,& KRIEGER 7603400574:# 2/ 7
ORDINANCE N0. �
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER
5.88 OF THE PALM DESERT MUNICIPAL CODE .TO
REGULATE TATTOO ESTABLISHMENTS AS ADULT
BUSINESSES.
WHEREAS, the practice of tattooing may spread' communicable
diseases through improper tattooing techniques, and endanger the
health and welfare of citizens of the City; and
WHEREAS, Penal Code section 653 prohibits the tattooing of
minors; and
WHEREAS, Chapter 5.88 of the Palm Desert Municipal Code
provides for the regulation of adult businesses;
NOW, THEREFORE, the City Council of the City of Palm Desert,
California, does hereby ordain as follows:
Section 1 . That the Recitals set forth above are true and
correct and are incorporated herein by this reference.
Section 2. That Section 5.88. 020 ("Definitions") of
Chapter 5.se ("Operation of Adult Entertainment Establishments") of
the Palm Desert Municipal Code be amended as follows:
A. Section 5.88.020 (A) (10) be added to read as follows:
"10. "Tattoo Establishment" means the business
of marking or coloring the surface skin of a
human being by insertion of pigment under the
surface of the skin by pricking with a needle
or' otherwise, so as to produce an indelible
mark or figure visible through the skin and
shall include any business conducting body
Piercing (other than solely earpiercing) , body
branding or similar activity. "Tattoo
Establishment" shall not include any treatment
administered in the practice of medicine by a
Physician licensed to practice in this state,
or under the personal supervision of such a
physician, or the application of permanent
make-up or cosmetic reconstruction by a
licensed cosmetologist, electrologist, or
nurse, who has received additional training in
the procedures, practices and techniques of
w+u�wauion�
- - :10:39AM :BEST, BEST,& KRIEGM- 7603400574:# 3/ 7
Permanent make-up application and cosmetic
reconstruction, including the appropriate
sanitary practices.-
B. The current Section 5.08.020 (A) (10) be renumbered as
Section 5.88.020 (A) (11) .
Section 3. That Section 5.88.060 ("Amortization of
Nonconforming Uses") be amended in its entirety to read as follows:
Uses. 60. Amortization of Nonconforming
Uses.
The provisions of Title 25 of this Code
dealing with nonconforming uses shall not be
applicable to adult entertainment
establishments as defined in this Chapter.
Instead, the following amortization schedule
shall apply to all adult entertainment
establishments which do not conform to the
terms of . this Chapter but otherwise are
legally existing on the effective date of the
ordinance codified in this Chapter, or any
amendment thereto, which renders the
establishment nonconforming.
A. For an adult entertainment
establishment legally existing in the City Eor
a period of no less than six months: 2 years;
B. For an adult entertainment
establishment legally existing within the City
for a period of no less than three months: 180
days; and
C. For an adult
ment
establishment legally existing within rthe ncity
for any period up to three months: 90 days;
and
D. The City Manager is authorized to
grant extensions of the amortization period,
UP to a total of an additional two years, upon
application by the adult entertainment
establishment based on a showing of extreme
hardship. The decision of the City Manager to
grant or deny a hardship extension shall be
appealable to the City Council within fifteen
(15) days of the City Manager's decision."
Section 4. The City Clerk shall certify to the passage and
adoptionofs Ordinance and shall cause the same to be published
1, WN1',& Kxltaxl 76034UD574;# 4/ 7
once in the Palm Desert Post, a newspaper of general circulation,
Printed, published and circulated within the City of Palm Desert,
California.
JEAN BENSON, MAYOR
ATTEST: City of Palm Desert, CA
By:
SBEZIA R. GILLIGAN, City Clerk
City of Palm Desert, CA
APPROVED A.S TO FORM:
9y:
DAVZD J. ERWIN, City Attorney
City of Palm Desert, CA
nLwwm»n� -3-
10-16-1997 01:47PM Cathedral City Reception 619 770 0398 P.01
w ^091NANCE NO. 419
1 N O..,4NANCE OF THE CITY OF CAOEDRAL CITY
MENDING SECTIONS 3, 5, AND 6, OF DIVISION 0, ANC
SECTION 1, OF DIVISION C, ARTICLE IV, OF THE ZONING
ORDINANCE OF THE CITY OF CATHEDRAL CITY, i
PERTAINING TO TATTOOING ESTASWINMENTS, AND
DETERMINING SAID ACTION AS CATEGORICALLy EXEMPT.
The City Council of the City of Cathedral City does �iND as fbifows; j
WHEREAS:Tattooing establishments have.the potential to negativ* affect
public health, safety and general welfare: and {
WHEREAS: The location of tattooing establishments can,rjegadvaly effect
comlmunity intdrests by depreciating rental rates and propertyvalues if located whre street
view image is Critical or where there are sensitive neighboring uses: and
+ ` I
WHEREAS: The operation of tattooing estadlishtrrents can haveinegative
public health implications when such business Is not operated'according to the highest
acc�pta
ble health criteria; and
i
WHEREAS:The City Council does hereby findithat the regulation of tattooing
establishments is in the best interest of the community; and
WHEREAS:The Planning Commission held a!public hearing on S6ptember
6, 1995,, and made the findings included herein as a pert of a tecommenJabon for
approval.
+
NOW, THEREFORE, the City Council of the City of Cathedral Co DOES ORDAIN as
folldws:
SECTION 11. Pursuant to state and local environnlental:guidelines, it tas been
determined that the Zoning Ordinance changes encompasrsed in this Ordinance are not
considered to:have a significant impact on the environment and the prop action is
further deemed to be classified as a Categorical Exemption pursuant the StatO and City
environmentat regulations.
j
SECTION 3. The Zoning Ordinance of the City of Cathedral City.;tieing Ordinance
80,ias amended, is hereby amended by adding to the list of Conditional.Uses 6onialned
in paragraph c, of Sections 3, 5; and 6, of Division B,Articge IV, as follows:
Tattooing Establishments (as defined by Chapter 5.34 of the.Cathedral City
Municipal Code)
Post V brand fax transmittal memo 7671 1 a of page*.
+ I
To
Co.
IMP Phgft*
Fa%9 re!
fl IQ'CSJ'1
1 10-16-1997 01!48PM Cathedral City Reception 619 770 0398 P.03
W:
i
ORDINANCE NO. 420
MUNICIPAL CODE AMENDMENT 95-45 ;
AN ORDINANCE OF THE CITY OF CATHEDRAL }ITN, AMENDING : }
CHAPTER 5OF THE CITY OF CATHEDRAL CITY MUNICIPAL CODE SY i
ADDING:CHAPTER 5.34, REQUIRING THAT PER IT BE`09TAltiED
AND iCERTAIN OPERATIONAL STANDARDS BE MET .PRIOR -TO ; 1
OPERATING A TATTOOING ESTABLISHMENT AD DEEMING 711E
j PROPOSED ACTION TO:BE CATEGORICALLY E7tENIPT.:
i
The City Council of the City of Cathedral City does ordain as follows: s
SECTION 1:: Pursuant to State and local environmental guidelines, it has been detejrniried that
the amendment encompassed in this Ordinance is not considered to have a significant adverse impact
on the environment and the proposed action is deemed to be classified as a Categorical Er:ernoon.
SECTION 2v A new chapter, to be numbered 5.34, hereby is.added to the Cathedral. City
Municipal Code,to read as follows:
5:34.010 Deflnitlons.
5'34.020 Permits required.
5:34.030 Maintenance of premises.
6134.040 Source of dyes and inks.
5:34.050 Maintenance of pigments, dyes and equipment.
534.060 Maintenance of stencils.
534.070 Tattooing operations—Skin condition of custdmers.
534.080 Tattooing operations—Potential health rialis.
534.090 Tattooing operations—Health conditions of operator_ ;
6:34.100 Tattooing operations—Smoking.
5:34.110 Tattooing operations—Apparel of operator.
534.120 ' Tattooing operations—Cleanliness of operator.
5i34.130 Tattooing operations—Shaving.
5:34.140 Tattooing operations—Skin preparation.
534.150 Tattooing operations—Use of stencils.
5.34.160 Tattooing operations—Use of approved dyes:
5:34.170 Tattooing operations—Use of sterile dyes.
534.180 Tattooing operations—Use of sterile equipment. i
5:34.180 Tattooing operations—Discarding of certain equipment
5 34.200 . Inspections—Health services fee schedule.
534.210 Penalties.
&34.101 Definitions. As used in this chapter, unless the context otherwwe'rhqu�es, the
following terms shall have the meanings ascribed to them respectively:
'Health officer"means that person of office designated by.order of the CitylCouncil
or by contract approved by the said Council as the person or office having responsibility for the
enforcement of the provisions of this chapter.
10-16-1997 01:47PM Cathedral City Reception 619 770 0399 P.02
SECTION 3. " Zoning Ordinance of the City of Ca" fral City, being O�In0noe
80, as amended, is htreby amended by adding to the list or.:onditional Uses contained
in.paragraph d,'of Section 1, Division C, Article IV, as follows:
Tattooing Establishments (as defined by Chapter 5.34 of the Cathedral City
Municipal Code)
SECTION 4. EFFECTIVE DATE. This ordinance sliall be in(full force a d effect
thirty(301 days`after passage. j
j'
i
SECTIONS. POSTING: The City Clerk shall within (I5 days efter the pe�sage of
this ordinance, bause it to be posted in at least the 3 public places designated by rfsol�rtion
of the City Council; shall certify to the adoption and posting.of this ordinance;and shall
cause this orditrance and its certification, together with proof of posting, to be e}rter ed in
the book of ordinances of this City.
The foregoing ordinance was approved and adopted at a meeting ofthe City
Council held on October 11 1995 by the follc*ng vote:
I
Ayes: Council members Amy, Di Grandi, Pettis,i ve asgU ez and May Eery
Noes:
I
I
Absent: Prate
MAYOR
j.
j
ATTEST:
I
CITY CLERK
APP AS TO FORM: APPROVED A5 T CO TENT:
i
iTY ORNEY CITY MANAGER
i
2 " ' 051
i
r
MEMORANDUM
TO: Ray Diaz, City Manager
FROM: Hart H. Ponder Jr., Code Compliance Supervisor
DATE: October 16, 1997
SUBJECT: Tattoo Parlor Regulation
On the State Ievel AB 186(Attachment"A"), approved by the Governor October 7, 1997, requires
loCai;Health`Officers to establish-public health and safety standards for tattooing, body piercing, or ..
permanent cosmetics. This state-mandated program will require the above referenced businesses to
be registered with the county by December 31, 1998.
On the municipal level, regulation is a mixed bag. Most of the municipalities throughout southern
California require no extraordinary regulations targeting tattoo parlors. However, the foregoing is
a sample of various forms of regulations that do currently exist:
The City of Cathedral City: City Ordinance 420 (Attachment`B") regulates tattoo parlors much in
the same manner as AB 186. However, the ordinance goes further regulation wise. Operator
cleanliness, apparel regulations, use of stencils and approved dyes are some issues addressed in this
ordinance. The City of Cathedral City requires a Conditional Use Permit per the provisions of the City
Zoning Ordinance.
The City of Palm Springs: The City will only permit tattoo parlors along with Fortune-telling in areas
zoned`T"Professional(Attachment"C"). In this zone, signage and advertisements are very restricted
per the City Zoning Standards.
The City of Culver City: Tattoo parlors are considered an"Adult Business" (like massage parlors or
adult bookstores)and must be approved through an appointed committee and then through a public
hearing process. They conduct a background investigation on all business owners wanting to operate
an adult business in Culver City. The City reports that no tattoo parlor has passed successfidly
through this process(The background check by the police may be the catch, according to City Staff)
they are sending the written process to us via US Mail.
Discussion: Each process has its merits. A combination of"tools" (health, zoning, police involvement
and placing tattoo parlors in an"Adult Business" category)would ensure a standard of safety and
quality that current City policy requires of other businesses. Notwithstanding the above, related
activities like body piercing and permanent cosmetics could be addressed also.
If you desire more information, please let me know. Staff awaits your direction in this matter.
2) 1997 CA AB 186 05/13/97 Amended
3) - 191911 CA AB 18 06/18/97 Amended
4) 1997 CA AB 186 07/02/97 Amended
5) 1997 CA AB 186 07/14/97 Amended
6) 1997 CA AB 186 08/29/97 Amended
7) 1997 CA AB 186 09/09/97 Enrolled
8) 1997 CA AB 186 10/07/97 Enacted
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alifornia 1997-98 Regular Session
997 CA AB 186
, Enacted
71007
Brown
CHAPTER 742
FILED WITH SECRETARY OF STATE OCTOBER 7, 1997
APPROVED BY GOVERNOR OCTOBER 7, 1997
PASSED THE ASSEMBLY SEPTEMBER 9, 1997
PASSED THE SENATE SEPTEMBER 2 , 1997
AMENDED IN SENATE AUGUST 29, 1997
AMENDED IN SENATE JULY 14, 1997
AMENDED IN SENATE JULY 2, 1997
AMENDED IN SENATE JUNE 18 , 1997
AMENDED IN ASSEMBLY MAY 13 , 1997
ASSEMBLY BILL No. 186
CHAPTER 0
An act to add Chapter 7 (commencing with Section 119300) to Part 15
f Division 104 of the Health and Safety Code, relating to health.
LEGISLATIVE COUNSEL' S DIGEST
AB 186, Brown. Tattooing, body piercing, and permanent cosmetics .
Existing law provides that it is a crime to tattoo or offer to
tattoo a person under the age of 18 years.
Existing law establishes the California Conference of Local Health
�fficers which consists of all legally appointed local health officers
in ,the state. Expenses for no more than 2 meetings of the conference
per- yeat are a charge agai : the local governmental t and expenses
for attendance at special meetings of the committees of the conference
called by the director are a charge against any state funds available
for this purpose .
This bill would direct the California Conference of Local Health
Officers to establish sterilization, sanitation, and safety standards
for persons engaged in the business of tattooing, body piercing, or
permanent cosmetics . The standards would be based, to the extent
appropriate, on the Bloodborne Pathogen Standard of the Department of
Industrial Relations, modified as necessary for the purpose of
protecting consumers from transmission of contagious diseases through
cross-contamination of instruments and supplies . The bill would require
that the standards be submitted to the State Department of Health
Services by July 1, 1998, and that the department distribute the
standards in written form to all county health departments. The bill
would authorize the California Conference of Local Health Officers to
periodically review the adopted standards and amend them as necessary.
Because the bill would increase the costs of local government by
requiring the conference to develop certain standards, the bill would
impose a state-mandated local program.
The bill would require practitioners of tattooing, body piercing,
and permanent cosmetics to be registered with the county in which they
ractice, obtain a copy of the department ' s standards and commit to
omply with the standards, provide the county health department with a
usiness address and the address at which the regulated activities are
onducted, and pay registration and inspection fees, as specified. The
ill would also require county health departments to annually inspect
he locations where tattooing, body piercing, and permanent cosmetics
re practiced, thus imposing a state-mandated local program. Counties
would be permitted to adopt any regulation that is not in conflict with,
or is more comprehensive than, these provisions .
In addition, this bill would establish a task force to be chaired by
the president of the California Conference of Local Health Officers,
fith participation by representatives of specified groups . The task
orce would be formed for the purpose of recommending legislation to
egulate these areas, and would be required to report to the Legislature
by January 1, 1999 .
The bill would provide that these provisions shall not be
interpreted to restrict the activities of a licensed physician and
surgeon.
The California Constitution requires the state to reimburse local
gencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement,
including the creation of a State Mandates Claims Fund to pay the costs
f mandates that do not exceed $1, 000 , 000 statewide and other procedures
or claims whose statewide costs exceed $1, 000, 000 .
This bill would provide that, if the Commission on State Mandates
etermines that the bill contains costs mandated by the state,
eimbursement for those costs shall be made pursuant to these statutory
rovisions .
This bill would provide that it would become operative only if AB 99
f the 1997-98 Regular Session of the Legislature is enacted and becomes
. effective on or before January 1, 1998 .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS :
SECTION 1 . Chapter 7 (commencing with Section 119300) is added to
Part 15 '• of Division 104 of he Health and Safety Code to read:
CHAPTER 7. TATTOuING, BODY PIERCING, AND PExMANENT COSMETICS
119300 . For purposes of this chapter, the following definitions
shall apply:
(a) "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.
(b) "Body piercing" means the creation of an opening in the body of
human being for the purpose of inserting jewelry or other decoration.
phis includes, but is not limited to, piercing of an ear, lip, tongue,
nose, or eyebrow. "Body piercing" does not, for the purpose of this
shapter, include piercing an ear with a disposable, single-use stud or
olid needle that is applied using a mechanical device to force the
eedle or stud through the ear.
(c) "Permanent cosmetics" means the application of pigments to or
nder the skin of a human being for the purpose of permanently changing
Lhe color or other appearance of the skin. This includes, but is not
imited to, permanent eyeliner, eye shadow, or lip color.
(d) "Department" means the State Department of Health Services .
119301 . The California Conference of Local Health Officers shall
establish sterilization, sanitation, and safety standards for persons
ngaged in the business of tattooing, body piercing, or permanent
osmetics . The department shall provide the necessary resources to
upport the development of these standards . The California Conference
f Local Health Officers shall consult and adopt, to the extent
ppropriate, the Bloodborne Pathogen Standard (Section 5193 of Title 8
of the California Code of Regulations) of the Department of Industrial
kelations, Division of Occupational Safety and Health. The standards
hall be directed at establishment and maintenance of sterile conditions
nd safe disposal of instruments. The standards may be modified as
ppropriate to protect consumers from transmission of contagious
iseases through cross-contamination of instruments and supplies. The
standards shall be submitted to the department for review and
onsultation by July 1, 1998 .
119302 . Within 30 days after standards are adopted by the
epartment, the department shall distribute those standards in written
orm to all county health departments .
119303 . (a) Every person engaged in the business of tattooing, body
piercing, or permanent cosmetics shall register by December 31, 1998 ,
ith the county health department of the county in which that business
s conducted. A registrant shall do all of the following:
(1) Obtain a copy of the department ' s standards from the county
health department, sign an acknowledgment upon receipt of the standards,
end commit to meet the standards .
(2) Provide the county health department with his or her business
ddress and the address at which the registrant performs any activity
egulated by this article .
(3) Pay a one-time registration fee of twenty-five dollars ($25) , to
e paid directly to the county health department .
(4) Pay an annual inspection fee of one hundred five dollars ($105)
to the county health department .
(b)' This section does not preclude a county from charging an
Idditional amount if necessary to cover the cost of registration and
Lnspection.
(c) Fees established by this act shall be used exclusively in
upport of activities pursuant to this chapter.
119304 . Every county health department shall conduct annual
In
spections of the locations at which registrants under this article
conduct regulated activities .
119305 . (a) A county may adopt any regulations that do not conflict
ith, or are more comprehensive than, the provisions of this chapter or
ith the standards adopted by the department .
(b) This chapter does not limit a county' s ability to require a
registrant to obtain any business license or permit that the county
Inds appropriate.
(c) In those jurisdictions where the local health officer and the
nvironmental health director are in separate departments, the county or
ity shall have the option to choose the entity responsible for
unctions pursuant to this subdivision.
119306 . A person who fails to register as provided by Section
19303 or violates the sterilization, sanitation, and safety standards
fter December 31, 1998, shall be subject to a civil penalty of five
undred dollars ($500) per violation. This penalty may be collected in
n action brought by the prosecuting attorney of any county or city and
ounty in which the violation occurred. All penalties collected shall
,e retained by the county.
119307. On or after January 1, 1999, any person seeking to engage
'n the business of tattooing, body piercing, or permanent cosmetics
hall comply with the provisions of this chapter.
119308 . The president of the California Conference of Local Health
fficers shall act as the chairperson of a task force to be formed for
he purpose of recommending legislation to the Legislature concerning
, icensing, training, sanitation, and other subjects deemed necessary to
rotect the health and welfare of persons seeking the services of
ractitioners of tattooing, body piercing, and permanent cosmetics . The
ask force shall be composed of 10 persons to be appointed by the
resident of the California Conference of Local Health Officers, and
hall include a representative from the State Board of Barbering and
Cosmetology, a physician and surgeon licensed in this state, a
representative from a nonprofit professional body piercers ' association,
• representative from a nonprofit professional tattooists ' association,
• representative from a nonprofit professional permanent cosmetic
association, a representative from a nonprofit professional cosmetology
association, and a representative from an organization representing the
interests of local health departments. The president of the California
onference of Local Health Officers may appoint the remaining three
embers from any other groups that may, in the judgment of the
president, be of assistance . The task force shall present its
recommendations to the Legislature by January 1, 1999 .
119309 . This chapter does not restrict the activities of any
. physician and surgeon licensed under Chapter 5 (commencing with Section
2000) of Division 2 .
SEC. * 2 . Notwithstandina Section 17610 of the Government Code,tlje,'.Commission on State Mai tes determines that this t contains costs
mandated by the state, reimbursement to local agencies and school
districts for those costs shall be made pursuant to Part 7 (commencing
with Section 17500) of Division 4 of Title 2 of the Government Code. If
the statewide cost of the claim for reimbursement does not exceed one
billion dollars ($1, 000, 000) , reimbursement shall be made from the State
kandates Claims Fund.
Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become operative
n the same date that the act takes effect pursuant to the California
onstitution.
SEC. 3 . This act shall become operative only if Assembly Bill 99 is
also enacted and becomes effective on or before January 1, 1998 .
END OF REPORT
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Local Governments c �P�
Exchange Ordinances On the Web
Need an ordinance has been embedded in the files a town about the same size as Newport
available through the Web page. This News—to use in presenting options to
on barking dogs allows keyword searches with quick the Newport News City Council.
re sults. ..
Organizations of local government PUBLIC ACCESS 9�-
or graffiti?Don't attorneys often write model ordinances In addition to assisting staff
to address issues,which can be altered attorneys, the page can also facilitate
reinvent the wheel, for local standards and adopted by public access to local codes.The Web
legislative bodies. But getting page is a kind of middle ground between
exchange ordinances something which has been enacted and municipalities and residents looking for
Ong has withstood the test of scrutiny is to information on their governments. A
a local government's advantage, city,for example,wouldn't have to take
with other Langford said. "A live ordinance is as many calls and photocopy pages for
better than a draft,"he said. the public because persons could be
municipalities. Bugler concurred.If a neighboring referred to the Municode Web page.
p town has "already done the work for One California town which put its
_..__.._._._.......__._...._.__.............___._... us,"he said, "then there is no sense ordinances on the Web was able to
B+ian Miller reinventing the wheel." reassign three staff members from
Femeures Editor .. customer service, Langford said, �ON'faO�OgtDld
NOT SO DIFFERENT NEEDS because milers asking about local laws
Do local ordinances ever define The database is useful nationwide, are redirected to the Internet essentially administrative work which
bamboo as a grass?And if so, Langford explained,because while local governments which contribute city attorney office lawyers don't have
does this mean it has to be kept state laws differ across the country, codes to Municode,and which have Web time to do themselves.
below a certain height?When a resident local governments generally have the pages themselves,are encouraged by The company then publishes local
of Newport News,Va,complained about same leeway within state and federal Municipal Code Corp. to put a government ordinances,which until
the height of a law to create their own ordinances.An connecting link to local ordinances recently were only available on paper.
VITA neighbor's bamboo Municipal Code now gives customers
patch,Deputy City W11=11NEW0111iii rrm+e Wile aer CM several choices of how they would like
Attorney Len � - (�, to receive the product,including CD-
W be ON could have '�" .� '� ROM or Internet access.
wilinarechecked with other _ 'Me company doesn't profit directly
AMyhpop towns one at a time _ - . . - _ by putting the codes online,Langford
seudi nn¢¢ee Ponds axao- by phone to find said. A key motivation for offering the
of atinmi[a a heady examples of applic- {�((r��. codes for free is to react to the
Waded rsie�sm able ordinances 1 V �/[ � ( t _ marketplace,he said.The publishing
d^---k Munapd(ode Ordinarily, local "_ugic` pa d C"� � business is being pushed to provide
COIICO5AQtImMlagfarQ government staff CCelectronic service. The company is
5763171 call other towns to expanding beyond its traditional print
IN urlidw(A(a% see how they deal T_. _ �.-_� medium because many of its customers
�yey�,wAhat�� with an issue,then �yye,�. o are already on the Web. "Local
Vatedet hope to get some- LIN'ban"'40W
governments are a leader in embracing
Lhing faxed ortechnology, and we want to be
mailed."We usually responsive to our clientele."
call other attorneys and ask them to I _
send us a copy,"Ringler explained. " - LAWYER LISTSERV
"We're at their mercy to respond." The Web page has other features,
This time, however, Ringler did including a gateway to a municipal
something different. He went straight attorney listsery complete with an
to a World Wide Web page—called 5.�i I'.y4 ` ordinance of the month.Early this year
Municode—to see how other juris- notrmeyr r _ - there were about 100 participants,and
dictions handled bamboo. Langford said he expects the number to
None of the more than 100 grow. To make the discourse more
jurisdictions included on Municode �deg ti �ly 'P"a �$ valuable to participants,he said the
defined it as a gross,Ringler said. The """ "�' ^Y "' - company tries to keep attorneys who
Web search saved him what could have _ _
may be preparing to challenge a city
been a laborious and fruitless effort. ordinance—a local Counsel's adversary
Municode,a service by Tallahassee, example could be procedures for stored on the company's file server.This —off the service.
Fla.-based Municipal Code Corp., getting a building permit or zoning provides public access to the city's Municipal attorneys can use the
provides links to a searchable ordi- change,which are generally up to the codes,as well as to ordinances in other listsery to communicate with colleagues
nance database and has other features local government regardless of what jurisdictions. in other jurisdictions. Enacted
as well. In the first three months of state it is in. Municipal Code Corp.'s main ordinances can be exchanged, and
operation,the company has received Cities of similar size,regardless of business is a codification service.It has strategies for defending city actions in
permission from over 120 munici- state, can often borrow ordinances done codes for over 2,600 municipalities court can be collected.
palities to make their ordinances from one another. A village may not in 48 states in its 45-year history. When But the ordinance database remains
available. want to deal with an issue the same city councils or boards of supervisors the headline attraction,and the value of
"Now,at your fingertips,there are way a large city would, but an pass new ordinances,the text is sent to the Web page to local governments will
more than 100 codes," said Lawton applicable ordinance crowd be adopted a company such as Municipal Code for continue to grow as more jurisdictions
Langford, president and CEO of from a town of similar size. "codification." Company attorneys put their ordinances online. "Juris-
Municipal Code Corp. "It eliminates Ringler also used Municode to research to ensure that the ordinance dictions see it as a way to get
telephone tag,and it has made city research ordinances related to people doesn't conflict with existing state law, foribriancesl on the Web,"said Langford.
attorney offices more efficient" sleeping in public parks. He found a the local charter and court decisions, "It provides them with exposure."
A search engine, Folio Web Server, few,including one from Hemet,Calif.— among other things. The service is ■
64 covaNNEIfI TemedNL7 )A A Y 1 9 9 6
PROOF OF PUBLICATION County Clerk ' s Filing Stamp
(2015.5 C.C.P)
RECEIVED
'98 FEB 6 AM 8 26
CITY CLERK'S OFFICE
STATE OF CALIFORNIA,
County of Riverside,
------------------------------------=----
I am a citizen of the United States Proof of Publication of
and a resident of the County afore-
said; I am over the age of eighteen LEGAL NOTICE
years , and not a party to or inter-
ested in the above-entitled matter.
I am the principal clerk of the
printer of the
DESERT
PALM DESERT POST LEGAL NOTE^
CASE NO.:IAA gb dread^g wit"
to
NOTICE IS HEREBY GIVEN trot Wn Commission ro-
a newspaper of general circulation, r hey before Ina Palm Desen zoningordinance p
printed and published weekly in the I �,idef p�durs a°Zo^e a% Pmesl(ssmoein-
City of Palm Desert , Cathedral City, ''
i dustrlal)bloc headng' II oe held on Tuesday.February
and Rancho Mirage, County of S���gcefaetngVAllhe DaeanP� ^10QD°mm"slonI
beeRivn adjudged edda which
news newspaper newspaper
has I at7. 73510, Wain90 GW inNe Palm
Def alllse nsSf
g P P general forma-alwhkht"andpixaat neansco mss
circulation by the Superior Court of nd andwwited ww hea renotce
for
the County of Riverside, State of cemmaexit,ma°°"epdae'mlmaWhaad g 'five at°^
California , under the date of shall in npa� sed Wolsc` 0 'five
1s a9vallable for review 1p dre sawbetween ttre
October 5 1964 Case Number 83658 is shwa Fr1-
that the notice, of which the mursol °a'm"�a5oop.m.MondaYin court.You
mf019h
annexed is a printed copy ay tie uo rhea ssuesyou or n (
(set in type not smaller than nonpareil ) , ng
o^ to
eelaeraaeeattap ode^cedelNerea tome
has been published in each regular and 1 ^etica.or in written conesPondence public nearing
N^^in9 commission at•a pt11LIP DRELL, Secretary
entire issue of said newspaper and not in t p Palm Desert Planning Commission
any supplement thereof on the following (pub D.P.January 29, 199a)
dates , to-wit:
JANUARY 29, 1998
I certify (or declare) under penalty
of perjury that the foregoing is true
and correct.
Dated at
Palm Desert , California
this 29TB DAY OF JAkature
Si
N
CA IILTH&S s 1 i 9300 Page 1
West's Ann.Cal.Heahh&f_.y Cole§ 119300
WEST'S ANNOTATED CALIFORNIA CODES
HEALTH AND:lAFFTY CODE
DIVISION 1K ENVIRONMENTAL HEALTH
PART m. MISCELLANEOUS REQUIREMNIN7'S
CHAPTER 7. TATTfx1INC,BODY PIERCING,AND PERMANENT COSMETICS
Cour.4;+West Group 1999. All rights reserved.
Current through 1997 portion of 1997-98 Reg. Sess. and 1st Ex. Seas.
§ 119300. Definitions
For purposes of this chapter, the following denrdnous stair apply:
(a) "Taitooing" mans to insert pigment under the surface of the skin of a human being, by pricking with a needle of
otherwise,to produce an indelible mark or figure visible through the skin.
(b) "Body piercing" means the creation of an oprmlm in the bod9 of a human being for the putwe of inaerdw
Jewelry or oilier decoration. This imiudes, but is not limited to, piercing of an car, lip, tongue, nose, or eyebrow.
"Body piercing" dons not, for die purpose of this chapter, include piercing an ear with a disposable,single-use stud ut
solid noodle that is applied using a mechanical device to fo"c.:the needle or read through the au=.
(c) 'Permanent costaclies" mem[s die application of pigments to or under the skin of a human being for the purpose
or permanently changing we color or other appcarmcc or me srdn. Tnis mclndes, inn is no[ Ittnitco to, permanent
eyeliner,eye shadow,or lip color.
(d) "Dcparlment" means the State Department of Health Sctviccs.
CREDIT(S)
1998 Electronic Pocket Part Update
(Added by St2o.1997,c. 742(A.B.186),§ 1.)
<Generai Materfa[s(GM)-References,Annotations.or Tames>
HISTORICAL AND STATUTORY NOTES
1998 Electronic Pocket Part Upthtte
1997 Legislation
Section 3 of Stem.1997, o.742(A.D.t86),providm:
"This act shall become operative only if Assembly Bill 99 [Stan,1997,c.7411 is also enacted and becomes effective
on or before January 1, 1998.-
WcWs Arm. Cal. Health&Safety Code§ 119300
CA HLTH &S§ 119300
END OF DOCUMENT
Copr.0 West 1998 No Claim to Orig. U.S. Govt. Works
City of Palm Desert
i
73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260-2578
TELEPHONE(760)346-0611 •FAX(760)341-7098-hHp://www.palm-desert.org
January 23, 1998
CITY OF PALM DESERT
LEGAL NOTICE
CASE NO.: ZOA 98-1
NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert
Planning Commission to consider an amendment to the Zoning Ordinance to prohibit tattoo parlors
in all zones except the SI (Service Industrial) zone.
SAID public hearing will be held on Tuesday, February 17, 1998, before the Palm Desert
Planning Commission at 7:00 p.m. in the Council Chamber at the Palm Desert City Hall, 73-510
Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are
invited to attend and be heard. Written comments concerning all items covered by this public
hearing notice shall be accepted up to date of the hearing. Information concerning the proposed
project and/or negative declaration is available for review in the department of community
development at the above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through
Friday. If you challenge the proposed actions in court, you may be limited to raising only those
issues you or someone else raised at the public hearing described in this notice, or in written
correspondence delivered to the planning commission at, or prior to, the public hearing.
PUBLISH: Desert Post PHILIP DRELL, Secretary
January 29, 1998 Palm Desert Planning Commission
1LD
INTEROFFICE MEMORANDUM JJJJ
CITY OF PALM DESERT
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: RAMON DIAZ, CITY MANAGER
SUBJECT: TATTOO PARLOR REGULATIONS
DATE: OCTOBER 20, 1997
The report pertaining to tattoo parlors, identified in my last newsletter, has been completed. It is
attached.
Council may wish to refer this matter and report to the Zoning Ordinance Review Committee for
consideration and comment.
t/
' Y DIAZ
CITY COUNCIL PCTION:
drs APPROVED DEIIIED
RECE
Attachments
MEETI DATE
AYES:_
GOES:
,BSEN i:
5STF..IN:.
MEMORANDUM
TO: Ray Diaz, City Manager
FROM: Hart H. Ponder Jr., Code Compliance Supervis
DATE: October 17, 1997
SUBJECT: Tattoo Parlor Regulation
On the State level, AB 186(Attachment"A"), approved by the Governor October 7, 1997, requires
local Health Officers to establish public health and safety standards for tattooing, body piercing, or
permanent cosmetics. This state-mandated program will require the above referenced businesses to
be registered with the county by December 31, 1998.
On the municipal level, regulation is a mixed bag. Most of the municipalities throughout southern
California require no extraordinary regulations targeting tattoo parlors. However, the foregoing is
a sample of various forms of regulations that do currently exist:
The City of Cathedral City: City Ordinance 420 (Attachment`B")regulates tattoo parlors much in
the same manner as AB 186. However, the ordinance goes fiuther regulation wise. Operator
cleanliness, apparel regulations, use of stencils and approved dyes are some issues addressed in this
ordinance. The City of Cathedral City requires a Conditional Use Permit per the provisions of the City
Zoning Ordinance.
The City of Palm Springs: The City will only permit tattoo parlors along with Fortune-telling in areas
zoned"P"Professional(Attachment"C"). In this zone, signage and advertisements are very restricted
per the City Zoning Standards.
The City of Culver City: Tattoo parlors are considered an"Adult Business" (like massage parlors or
adult bookstores)and must be approved through an appointed committee and then through a- public
hearing process. They conduct a background investigation on all business owners wanting to operate
an adult business in Culver City. The City reports that no tattoo parlor has passed successfully
through this process(The background check by the police may be the catch, according to City Staff)
they are sending the written process to us via US Mail.
Discussion:Each process has its merits. A combination of"tools" (health, zoning, police involvement
and placing tattoo parlors in an"Adult Business" category)would ensure a standard of safety and
quality that current City policy requires of other businesses. Notwithstanding the above, related
activities like body piercing and permanent cosmetics could be addressed also.
If you desire more information, please let me know. Staff awaits your direction in this matter.
2) 1997 CA AB 18` 05/13/97 Amended
3) 1997 CA AB ilk06/18/97 Amended
4) 1997 A AB 186 07/02/97 Amended
07/14/97 Amended
5) 1997 CA AB 166
6) 1997 CA AB 186 08/29/97 Amended
7) 1997 CA AB 186 09/09/97 8) 1997 CA AB 186 10/07/97 EnactedEnrolled
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California 1997-98 Regular Session
1997 CA AB 186
Enacted
971007
Brown CHAPTER 742
FILED APPROVED SECRETARY
GOVERNOR STATE
OCTOBEROB, 1997 1997
PASSED THE ASSEMBLY SEPTEMBER 9, 1997
PASSED THE, SENATE SEPTEMBER 2, 1997
AMENDED IN SENATE AUGUST 29, 1997
AMENDED IN SENATE DULY 14, 1997
AMENDED IN SENATE JULY 2, 1997
AMENDED IN SENATE JUNE 18, 1997
AMENDED IN ASSEMBLY MAY 13 , 1997
ASSEMBLY BILL No. 186
CHAPTER 0
An act to add Chapter 7 (commencing with Section 119300) to Part 15
of Division 104 of the Health
LEGISLATIVE Safety
COUNSEL' Srelating
to health.
DIGEST
AB 186 , Brown. Tattooing, body piercing, and permanent cosmetics .
Existing law provides that it
acrime to tattoo or offer to
tattoo a person under the ageo years .
Existing law establishes the California Conference of Local Health
Officers which consists of all legally appointed
in the state . Expenses fo-- no more than 2 meetings of the conference
per year are a charge agai t the local governmental .t and expenses
for attendance at special meetings of the committees or the conference
called by the director are a charge against any state funds available
for this purpose .
This bill would direct the California Conference of Local Health
Officers to establish sterilization, sanitation, and safety standards
ards
for persons engaged in the business of tattooing, body piercing,
permanent cosmetics . The standards_ would be based, to the extent
appropriate, on the Bloodborne Pathogen Standard of the Department of
Industrial Relations, modified as necessary for the purpose of
protecting consumers from transmission of contagious diseases through
cross-contamination of instruments and supplies . The bill would require
that the standards be submitted to the State Department of Health
Services by July 1, 1998 , and that the department distribute the
standards in written form to all county health departments . The bill
would authorize the California Conference of Local Health Officers to
periodically review the .adopted standards and amend them as necessary.
Because the bill would increase the costs Of local government by
requiring the conference to develop certain standards, the bill would
impose a state-mandated local program.
bed piercing,
The bill would require practitioners of tattooing, Y
and permanent cosmetics to be registered with the county in which they
practice, obtain a copy of the proviideatheecountythealthsdepartment and twith a
to
comply with the standards, re
business address aand
etistrationsand inspection at which the rfeesatas specified. aThe
conducted, and p Y g
bill would also require county healbody piercing, and inspect
the locations where tattooing, body piercing,
are practiced, thus imposing a state-mandated local program. Counties
would be permitted to adopt any regulation that is not in conflict with,
or is more comprehensive than, these provisions .
In addition, this bill would establish a task force to be chaired by
the president of the California Conference of Local Health officers
with participation by representatives of specified groups .
force would be formed for the purpose of recommending legislation to
regulate these areas, and would be required to report to the Legislature
by January 1, 1999 .
The bill would provide that thest provisions shall not
beand
interpreted to restrict the activities of a licensed physician
surgeon.
The California Constitution requires the state to reimburse local
agencies and
provisionsol districts
establishfor
procedures for costs
makingmandated
thatby the state .
reimbursement,
Statutory p the costs
including the creation of a State Mandates Claims Fund to pay
of
for mclaimsswhose statewide exceed
costslexoeed $15000e000e and other procedures
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by
the reimbursement for those costs shall be made pursuant to these statutory
provisions .
99
This bill would provide that it wouldislature become psrative enacted nandlbecomes
of the 1997-98 Regular Session Of the Leg
effective on or before January
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS :
SECTION 1 . Chapter 7 '-ommencing with Section 119300) is added to
Part 15 oCHAPTERi7 . 1 TATTOOING,HBODY hPIERCING, AND PEkr4ANENT and Safety Code :o aCOSMETICS
119300 . For purposes of this chapter, the following definitions
shall apply:
(a) "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.
(b) "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, g
nose, or eyebrow. 11BOdy 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.
(c) "Permanent cosmetics" means the application of pigments
schanging
to or
under the skin of a earanceman noffor thethe purpose of skin. This includes, but is not
anently
the color or other appearance
limited to, permanent eyeliner, eye shadow, or lip color.
(d) "Department" means the State Department of Health Services .
119301 . The California Conference of Local Health Officers shall
establish sterilization, sanitation, and safiercinty andards for persons
engaged in the business of tattooing, body p g
ent
cosmetics . The department shall provide the necessary resources to
support the development of these standards . The California Conference
of Local Health Officers shall consult and adopt, to the extent
appropriate, the Bloodborne Pathogen Standard (Section 5193 of Title l
of the California Code of Regulations) of the Department of Industrial
Relations, Division of Occupational Safety and Health. The standards
at establishment and maintenance of sterile conditions
directed modified as
shall be be mode
and safe disposal of instruments . The standards may
appropriate to protect consumers from transmission of contagious
diseases through cross-contamination of instruments and supplies . The
standards shall be submitted to the department for review and
consultation by July 1, 1998 .
119302 . Within 30 days after st&ndards are adopted by the
department, the department shall distribute those standards in written
form to all county health departments .
119303 . (a) Every person engaged in the business of tattooing, body
piercing, or permanent cosmetics shall register by December 31, 1998,
with the county health department of the county in which that business
is conducted. A registrant shall do all of the following:
(1) Obtain a copy of the department ' s standards from the county
health department, sign an acknowledgment upon receipt of the standards,
and commit to meet the standards .
(2) Provide the county health department with his
or her business
any activity
address and the address at which the registrant performs
regulated by this article .
elme ration ey-five dollars ($25) , to
be paid directly to the county health department .
(4) Pay an annual inspection fee of one hundred five dollars ($105)
to the county health depar�nient .
(b) This section does not preclude a county from u,iarging an
additional amount if necessary to cover the cost of registration and
inspection.
(c) Fees established by this act shall be used exclusively in
support of activities pursuant to this chapter.
119304 . Every county health department shall conduct annual
inspections of the locations at which registrants under this article
conduct regulated activities .
119305 . (a) A county may adopt any regulations that do not conflict
with, or are more comprehensive than, the provisions of this chapter or
with the standards adopted by the department .
(b) This chapter does not limit a county' s ability to require a
registrant to obtain any business license or permit that the county
finds appropriate .
(c) In those jurisdictions where the local health officer and the
environmental health director are in separate departments, the county or
city shall have the option to choose the entity responsible for
functions pursuant to this subdivision.
119306 . A person who fails to register as provided by Section
119303 or violates the sterilization, sanitation, and safety standards
after December 31, 1998 , shall be subject to a civil penalty of five
hundred dollars ($500) per violation. This penalty may be collected in
an action brought by the prosecuting attorney of any county or city and
county in which the violation occurred. All penalties collected shall
be retained by the county.
119307 . On or after January 1, 1999, any person seeking to engage
body in the business of tattooing, Y Piercing, or permanent cosmetics
shall comply with the provisions of this chapter.
119308 . The president of the California Conference of Local Health
Officers shall act as the chairperson of a task force to be formed for
the purpose of recommending legislation to the Legislature concerning
licensing, training, sanitation, and other subjects deemed necessary to
protect the health and welfare of persons sand permanenthe rcosmetvices ics . The
f tattooing, body piercing, and p
practitioners force
o appointed by the
task force shall be composed of 10 persons to e pp
president of the California Conference of Local Health Officers, and
shall include a representative from the State Board of Barbering and
Cosmetology, a physician and surgeon licensed in this state, a
representative from a nonprofit professional body piercers ' association,
a representative from a nonprofit professional termanents , association,
a representative from a nonprofit professional p
smetic
association, a representative from a nonprofit professional cosmetology
association, and a representative from an organization
presidentorepre e snting the
ifornia
interests of local health departments . Theoint the remaining three
Conference of Local Health Officers may aPP ud ent of the
members from any other groups that may, in the j gm
president, be of assistance. The task force shall present its
recommendations to the Legislature by January 1, 1999 .
119309 . This chapter does not restrict the activities of any
physician and surgeon licensed under Chapter 5 (commencing with Section
2000) of Division 2 .
SEC. 2 . Notwithstandi^q Section 17610 of the Government Code, if
the Commission on State Mi .ates determines that thi: ct contains costs
mandated by the state, reimbursement to local agencies and school
districts for those costs shall be made pursuant to Part 7 (commencing
with Section 17500) of Division 4 of Title 2 of the Government Code . If
the statewide cost of the claim for reimbursement does not exceed one
million dollars ($1, 000 , 000) , reimbursement shall be made from the State
Mandates Claims Fund.
Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become operative
on the same date that the act takes effect pursuant to the California
Constitution.
SEC. 3 . This act shall become operative only if Assembly Bill 99 is
also enacted and becomes effective on or before January 1, 1998 .
END OF REPORT
10-16-1997 01:47PM Cathedral City ILeception rro eova r qi
^NDINANCE NO. 419
2N AINANCE OF THE CITY OF CAREDRAL CITY
MENDING SECTIONS 3, B, AND 6, OF DIVISION B, ANW
SECTION 1, OF OMSION C, ARTICLE IV, OF THE ZONING
ORDINANCE OF THE CITY OF CATHEDRAL CITY, . _;
PERTAINING TO TATTOOING ESTABLISHMENTS, AND
DETERMINING SAID ACTION AS CATEGORICALLY EXEMPT.
i
The City Council of the City of Cathedral City does F',IND as follows:
WHEREAS: Tattooing establishments have."potential to negativ6ly affect
public health, safety and general welfare; and
WHEREAS: The location of tattooing establishments can negativl:ly effect
comlmunity interests by depredating rental rates and propero values it located where street
view image is critical or where there are sensitive neighboring uses; and
WHEREAS: The operation of tattooing establishments can haveinegative
public health implications when such business is not operated;according to the highest
acceptable health criteria; and j
WHEREAS:The City Council does hereby fmd'ithatthe regulation of tattooing
establishments is in the best interest of the community; and
WHEREAS:The Planning Commission held alpublic hearing on September
6, 995, and made the findings included herein as a part of a recommendation for
approval.
NOW, THEREFORE, the City Council of the City of Cathedral City DOES ORDAIN as
follows:
SECTION . Pursuant to state and local environmental guidelines, it has been
1
determined that the Zoning Ordinance changes encompassed in this Ordinance are not
considered to:have a significant impact on the environment and the proposed,action is
furteer deemed to be classified as a,Categorical Exemption pursuant the StatQ and City
environmental regulations. 1
SECTION Z. The Zoning Ordinance of the City of Cathedral City;being 9rdinance
8o„as amended, is hereby amended by adding to the list of Conditional.Uses n$ained
in l�. ragraph c, of Sections 3, 5; and 6, of Division 8, Articije IV, as follows:
Tattooing Establishments (as defined by Chapter 5.34 of the Cathedral City
----- . Municipal Code)
Post-V brand fax transminal memo 7M a of pages.
T + Frob Anv
co. tid corQlllQ,�(C�Q .1 i
am.
!Fax
Q
10-16-1997 01:4ePM Cathedral City Reception F.n3
i
ORDINANCE NO. 420
CODE AMENDMENT:951135
MUNICIPAL ,
AN ORDINANCE OF THE CITY OF CATHEDRAL W , AMEN0IN0
IT ; I
CHAt3TER SOF THE CITY OF CATHEDRAL.CITY MU141CIPAL CODEBY
ADDING':CHAPTER 5.34, REQUIRING THAT A PERIYIIT BE'OBTAINED
AND ;CERTAIN OPERATIONAL STANDARDS BE"MET .PRIOR 70 ;
OPERATING A TATTOOING ESTABLISHMENT Ary0 pEEMNVG'THE
PROPOSED ACTION TO BE CATEGORICALLY EXEMPT,.
The City Council of the City of Cathedral City does ordain as follows:
SECTION 1: Pursuant to State.and local environmental guidelines, it has beers determined that
the amendment encompassed in this Ordinance is not considered to have a significant adverse impact .
on the environment and the proposed action is deemed to be classified as a Categorical EXemption.
SECTION 2:: A new chapter, to be numbered 5.34, hereby is added to the CaEhedfal, City
Municipal Code,to read as follows:
5:34.010 Definitions.
5:34.020 Permits required.
5:34.030 Maintenance of premises.
534.040 Source of dyes and inks.
5i34.050 Maintenance of pigments, dyes and equipment.
534.060 Maintenance of stencils.
534.070 Tattooing operations—Skin condition of customers.
534.0s0 Tattooing operations—Potential health risks.
534.090 Tattooing operations—Health conditions of operator- I
634.100 Tattooing operations—Smoking.
$434.110 Tattooing operations—Apparel of operator,
534.120 ' Tattooing operations—Cleanliness of operator,
534.130 Tattooing operations—Shaving.5:34.140 Tattooing operations—Skin praparetion.
5;34,150 Tattooing operations—Use of stencils.
d
5:34.160 Tattooing operations---Use of approved Yes
5:34.170 Tattooing operations-Use of sterile dyes.
534.180 Tattooing operations Use of sterile equipment.
51.34.190 Tattooing operation's—Discarding of certain equipment
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5 34.200 . Inspections—Health services fee schedule•
5.34.210 Penalties.
6.34.101 Definitions. As used in this chapter, unless tfie context otherwise ri•qu'ves, the
folloWing terms shall have the meanings ascribed to them respectively:
"Health officer"means that person of office designated by order of the City!Cquncil
or by contract approved by the said Council as the person or office having respon5ibitity'for the
enforcement of the provisions of this chapter.
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10-16-1997 01:47PM Cathedral City Reception
619 770-0399 P.K2
SECTION 3. }, , Zoning Ordinance of the City of Ca. Irai City, being pntaince
l Uses cont3i
80, as amended, is hereby amended by adding to the list of Conditionarred
in paragraph d of Section 1, Division C, Article IV, as follows:
Tattooing Establishments (as defined by Chapter 5.34 of the Cathddral City
Municipal Code)
SECTION 4. EFFECTIVE DATE. This ordinance shall be in!full force a d effect .
thirty (30j days`after passage. ,'
SECTION S. POSTING: The City Clerk shall within I5 days after;the pa�sage of
this ordinance, bause it to be posted in at least the 3 public places designated by rgso(ution
of the City Council; shall certify to the adoption and posting.of this ordinance;and shall
cause this ordinance and its certification, together with proof Of Posting, to be e�tered in
the book of ordinances of this City.
The foregoing ordinance was approved and adopted at a meeting of!the City
Council held on Il 1995 by the foll wing vote:
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Ayes: Council members Amy, Di Grarsii, Pettis,l velasquez and M r Bem'
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Noes:
I
f
Absent:: Nile ;
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MAYOR I 7 �
ATTEST: PP
1 ' kamz
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CITY CLERK
f i
APF AS TO FORM: APPROVED AS TO CO TENT:
iTY ORNEY CITY MANAGER
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10-16-1997 01:48PM Cathedral City Reception
619 770 0398 r.W
`Operator" means any person, whether the proprietor of :another person,
administering a tattdo to any customer of a tattooing establishment.
`Proprietol' means the person having general Control_and management over the
conduct of business!at a tattooing establishment, whether or trot such person is the Segal'owner of the
premises or the business.
"Tattoo" means an indelible mark or figure faced upon a body by $nsertion of
pigment-kinder the skin or by production of scars. '
-Tattooing establishmerif means premises usad for the:busihess of marking or
coloring the skin with tattoos, and all furnishings, equipment, instrrlments, dyes and inks, and other
facilities tnairltained'therein incidental to such use- For the purposes of this Ordinance aey business
conducting body piercing, other than solely ear piercing, body branding or similar activity, are subject to
the requirements herein regarding tattooing establishments.
34.020 Permits required. it is unlawful for any person, association,'firm oricorporation
S
to engage In, conduct or cony on, or.permit to be engaged in, cond4cted:or carriecN on, in ar upon any premises within the city,the business of a tattooing establishment without prior approve f of&Conditional
use Permit per the provisions of the City's Zoning Ordinance.
&34.030 Maintenance of premises.
(a)All tattooing establishments shall be equipped with running tint and cold water,
with adequate toilet facirdies and with all such appliances,furnishings and materials as may be necessary
to en'abl®persons employed in and abo 1.
ut such establishments to comply with`the riquirer6ents of this
chapter.
(b)The floors,furnishings and equipment of tattooing establishments shall be.kept
clean at all times during business hours. For purposes of this section, a floor' not bei considered
clean if ft has not been swept and mopped within the preceding twerity'four hour period.
,
(c) All operating tables in tattooing establishmentsall;be constructed of metal
with white enamel or porcelain finish, stainless steel, or other impenfieable
suifa(dj Each tattooing establishment shall have adequate lighting and ventilation. For
purposes of this section,lighting or ventilation shall be considered SS inadequate if It flails to comply with
a standard prescribed by the health officer.
(a) No tattooing establishment shall be used as a steeping robin or dormitory:
5 34 040 Source of dyes and inks.
(a)Proprietors of tattooing establishments shall,onrequ@st of the CIO or a hea.M
officeir submit in writing to the the City or a health officer the source of all dyes or mks retained for use
in tattooing operations, and thereafter shall notify the same in writing of any dyes or inks obtained for use
in tattooing operations from any source other than those previously submitted:
(b) No dyes or inks from any sources which haire been disapproved'by the city or
a health officer shall be retained available for use In tattooing operations.
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Cathedral City cep on bitj YYU WIZU F.M I --
5.34 060 Maintenance of pigments, dyes and equipment. .No pigments, dyes or
?quipment shall be retained available for use in tattooing operations unless cleaned and sterilized as
provided in this section. For purposes of the section, "equipment" snail include needle tubes, towels, i
blade holders, wiping Goths, paper towels and napkins, charcoal, gauze bandages (unlessipurchased
in individual sterile ptackages),and all similar items.
(a)All equipment shall be thoroughly cleaned before being sterilized. Instruments
shall be cleaned with soap or detergent by use of a brush. The interior of beadle.bards.shall be
brushed.:After clean ng, equipment shall be thoroughly rinsed underiranning fresh tap water.
,
(b)All equipment shall be sterilized by autoclaving. Each piece of equipment shall
be individually wrapped with paper in an approved method for autoclaving: Metal foil May not be used.
Tattooing needles sbali be threaded through the metal tube that attaches to the tat(eoing:�brstor and
shall be placed in a glass (or autoclavable plastic test tube)with a cotton plug for autoclawhg. Wiping
tissues shall be sterilized in a single pack to be used for one tattoo and then be discarded. All!packs shah
be marked with temperature recording tape or labels.
(c)Dyes or inks shall be used from containers with a cap that compieitely covers
the opening and is attached to the neck of the dye container, sterilized in an autoclave after first tieing
filled with the dye. Dye shall be handled utilizing aseptic techniques and the dye containers filled with
dye shall.be autoclaved at least once a week or more often if necessary to keep the dye Iin a sterile
condition. The dyes;may be placed in Teflon squeeze bottles that will withstand autoclaving.
(d)Steam sterilization of the above listed equipment shall be accomposhed in an
autoclave with at least fifteen pounds per square inch(251 OF)for at least fifteen:minutes. Other means
'of sterilization may be approved by the City or the health officer.
(a)All sterilized dyes, pigments and equipment shall be stored in a rri nner which
will insure sterility at the time of use.
(f) Proprietors shall maintain sufficient sterilized equipment available.at the i
beginning.of each workday to allow completion of such workday wdhotit requiring re-sterilizatr`ari of such
equipment. .
5.34,060 Maintenance of stencils. No stencil, whether.new or used; shall bur reWned in
a manner available for use in any tattooing operation unless it has been precleaned alnd disinfected in
the following manner.
(a)Each stencil must be precleaned by being scrubbed with soap and brush to the
extent necessary to remove all accumulation of carbon and Vaseline iri the etched grooves of the stencil.
(b) Each stencil, after being precleaned and dried, must be disinfected by being
soaked, design-cuf side down, in a closed container of seventy percent alcohol for hot less than thirty
minutes at room temperature.
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(c) Each stencil, after being disinfected, shall be air dried for not less than thirty
minutes by being suspended in a manner exposing both sides to the air, and thereafter shall be stored
for next use in a.dean envelope,
'.V 4;E
„OCT. .16' 97(THU) 15:06 CITY OF PALM SPRINGS TEL:160 322 8360 P 00z
SECTION 9208.00 "P” PROFESSIONAL ZONE
The "P" Zone Is intended to provide for the development of a professional district with
necessary related retail commercial uses and other compatible facilities.
SECTION 9208.01 USES PERMITTED
A. USES PERMITTED
Buildings,structures,and land shall be used and buildings and structures shall hereafter
be erected. altered, or enlarged only for the following uses. All uses shall be subject
to the property development standards in Section 9208.03.
1. Artist's studios, including on-promise galleries.
2. Conservatories.
3. Drafting and art supply store.
4. Florist shop,
S. Fortune-telling &similar psychic activities,subject to the applicable provisions of
the Municipal Code,
6. Hospitals.
7. Libraries.
8. Medical land sickroom equipment and supplies.
9. Medical, dental and biological laboratories.
10. Museums,
11. Offices: executive, administrative and clerical offices, (excluding building trade
contractors, except those with a state license with an A-1 or B-1 classification).
12. Optometrist.
13. Pharmacy.
14. Secretarial and clerical services.
15. Tattoo parlors.
16. Accessory uses customarily incident to the permitted uses and located an the
some lot therewith.
17. Convalescent homes jO" j '0''11610Z
B. SIMILAR USES PERMITTED BY COMMISSION DETERMINATION
The Commission may, by resolution of record, permit any other uses which it may
determine to be similar to those listed above, and not more obnoxious or detrimental
to the public health, safety, and welfare or to the other uses permitted in the Zone, as
provided in Section 9401,00. All uses shall be subject to the standards in Section
9208.03,
'P"
9208.00
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5.34,160 Tattooing operations—Use of approved dyes. No tattooing operation shag be
performed using dyes or inks of a type that has been disapproved for use by the CRY or health ofh6er.
6.34.170 1 .Tattooing operations—Use of sterile dyed. No tattooing operation shall be
performed unless tho following-requirements have been complied:wi(h:
(a)The dye or ink used for the tattoo must be obtained from pre-sterilized dye or
ink bottles and, priorlto the tattooing operation, aseptically transferred from•such bottle into sltertle paper
Cups which have not previously been used in any tattooing operation, No refilling of the dye cup is
permitted.
(b) No dye or ink shall be used in which needles used on another person have
been dipped.
5:34.180 Tattooing operations—Use of sterile equip Ment. No:tattooing operation;shall
be:perforined using equipment that has not been cleaned and sterilized in the manner."set forth in Section
5:34.080. '
6.34.120 Tattooing operations —Discarding of certain squipmertt Operators sha11
discard,the following items immediately after use in any tattooing operation:
'(a) Blades used in shaving;
(b)Tubes and gauze used in application of petroleum jelly used for stencils;
(c) Paper cups used for dye or ink.
6.34.2.00 Inspections -- Health services fee. A health officer'shall periodically make
inspections of tattooing establishments located in the city to determine if the propnetoror opei` for of such
establishments are complying with the provisions of this chapter. A health service fee is to be ppid by
the proptietoror op0ator of the tattoo establishment. Such fees are to be paid directly to the City or the
health officer, whichever is required by the City. If a health inspection program is not in place this
provision shall be void and retained by the county as reimbursement for said senniees related to this
chapter.
5..34.210 ' penalties. Each of the following acts or omissions shall cogsdfute a misdemeanor
and upon corivictiO therefor shag be punishable by a fine not to excised one thousand dollars. '
(a) Any performance of a tattooing operation by art operator in violation of any
requirement or prohibition imposed by this chapter.
(b)Any failure by proprietor to maintain a tattooing establiehmerd conformity' with
the requirements of this chapter. For purposes of this subsection, each day upon which such a failure
to conform occurs shall constitute a separate violation.
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