11.36.470 Exemptions.

A. A physician licensed by the state of California under the Business and Professions Code, Chapter 5 (commencing with Section 2000 of Division 2) who utilizes body art activities as part of patient treatment is exempt from the registration and permitting requirements of this chapter.
B. A person who exclusively engages in the piercing of the leading edge or earlobe of the ear shall be exempt from the permitting and registration requirements of this chapter, provided he or she does the following:
1. Performs the procedure through the use of an approved ear perforating mechanical device to force the single-use stud or single-use needle through the tissue of the ear; and
2. Utilizes a sterile, disposable, single-use stud or single-use solid needle. (Ord. 99-0039 § 14 (part), 1999.)

11.36.480 Severability.

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the remainder of the chapter or the application of such provision to other persons or circumstances shall not be affected thereby. (Ord. 99-0039 § 14 (part), 1999.)

Part 2 OPERATIONS

Article 1 EXPOSURE CONTROL PLAN AND REPORTING

11.36.490 Exposure control plan.

The owner of every body art establishment shall provide a written exposure control plan, approved by the department, which shall be applicable to all those who perform body art activities within said establishment, describing how the requirements of this chapter will be implemented. The exposure control plan shall meet requirements established in departmental regulations. (Ord. 99-0039 § 14 (part), 1999.)

11.36.500 Reporting requirements–Complications.

All infections, complications or diseases resulting from the body art activity which become known to the owner or body art technician shall be reported to the department by the informed person within 24 hours of acquiring such knowledge. Should department offices be closed at such times as to make notification within 24 hours impossible, the informed person shall mail written notification to the department within 24 hours of acquiring such knowledge and follow this by providing the department with oral notification within five working days of acquiring the knowledge. (Ord. 99-0039 § 14 (part), 1999.)

11.36.510 Equipment and instruments.

All equipment and instruments utilized in conducting body art activity shall be used and maintained in accordance with departmental regulations. (Ord. 99-0039 § 14 (part), 1999.)

11.36.520 Record maintenance.

A. The owner of the body art establishment shall maintain records as required by departmental regulations.
B. Upon cessation of business, the owner of the body art establishment shall forward to the department copies of all records maintained pursuant to this chapter or other departmental policies. Said copies must be provided to the department within 30 calendar days of closure. The revocation of a public health facility permit issued to an owner of a body art establishment shall be deemed a cessation of business for purposes of this subsection upon exhaustion or waiver of the rights to appeal such revocation. (Ord. 99-0039 § 14 (part), 1999.)

Article 2 CLIENTS

11.36.530 Application for body art procedure–Consent form.

A. All persons desiring a body art activity shall complete an application for body art activity and a consent form, which shall be provided by the establishment or body art technician independent operator and which must meet the requirements established in departmental regulations. It is the responsibility of the body art technician or body art technician independent operator to ensure the prospective client completes the form and initials it in such manner as to fully demonstrate that he or she has been informed of the risks and side effects directly and indirectly associated with the body art activities requested and gives his or her informed consent to have the contemplated activity performed.
B. The body art technician shall advise the client orally of all information contained on the application and consent form prior to the client completing and initialing the consent form and prior to commencing any body art activity. The body art technician shall explain all aftercare instructions. The client shall indicate receipt of oral and written aftercare instructions by initialing the consent form in the appropriate box or area. Upon completion of the body art activity, the body art technician shall repeat the after care instructions and precautions to the client, and the client shall initial and date at the appropriate place on the consent form to indicate this has occurred.
C. The establishment shall retain the original of the completed application for body art activity and consent form, and a copy shall be provided to the client. (Ord. 99-0039 § 14 (part), 1999.)

11.36.540 Restricted clients.

Nipple and genital piercing shall not be performed on any person under 18 years of age. Tattoos and permanent cosmetics shall not be applied to any person under 18 years of age, except when authorized by a physician and performed with the consent and in the presence of the person’s parent or guardian. Persons under 18 years of age may receive body piercing to body parts other than nipples or genitalia provided the body piercing is performed with the consent and in the presence of the person’s parent or guardian. For any procedure restricted under this section to persons age 18 years of age or older or requiring the presence and consent of the person’s parent or guardian, both the minor and his or her parent or guardian shall provide a valid picture identification, provide proof of parentage or legal guardianship and complete a consent form which conforms with the requirements established in departmental regulations.
Tattooing, permanent cosmetics, or body piercing shall not be performed on skin surfaces which have sunburn, rash, pimples, infection, open lesions, mole, or manifest any evidence of unhealthful conditions, without a physician’s written statement authorizing the body art activity under such condition.
Body art activity shall not be performed on any person who, in the opinion of the body art technician, has impaired judgement due to use of drugs or alcohol or for any other reason. (Ord. 99-0039 § 14 (part), 1999.)

Article 3 PROCEDURE

11.36.550 Technician condition.

A. No body art technician whose judgment is impaired for any reason shall perform any body art activity while in such condition.
B. No body art technician affected with a rash, infection, boils, infected wounds, open sores, abrasions, keloids, weeping dermatological lesions, or acute respiratory infection shall conduct any body art activity or work in any area of a body art establishment in any capacity in which there is a likelihood that such person could contaminate instruments, equipment, or surfaces or come in contact with another person. (Ord. 99-0039 § 14 (part), 1999.)

11.36.560 Procedures and preparation.

Body art activities shall be conducted in accordance with the sanitation and preparation procedures set forth in departmental regulations. (Ord. 99-0039 § 14 (part), 1999.)

11.36.570 Hepatitis B vaccination status–Declination.

A body art technician shall make available upon request his or her hepatitis B vaccination information as required by departmental regulations. (Ord. 99-0039 § 14 (part), 1999.)

Article 4 RESTRICTIONS

11.36.580 Prohibited procedures and activities.

It is a violation of this chapter for any person to perform or conduct any activities or procedures upon any person that endanger the health or safety of that person, regardless of the consent of the recipient.
An invasive procedure or activity, whether or not such procedure or activity constitutes the practice of medicine under the applicable law, endangers the recipient’s health and safety unless performed by a person possessing medical expertise. Such prohibited procedures and activities include but are not limited to activities or procedures requiring an injection, cutting of skin or subcutaneous tissue or bone, implantation, branding, deep tissue penetration, threading, stapling, suturing, stitching or pocketing of skin or tissue, or any procedure to reduce the size of or close an orifice, or remove or reduce the size of any skin, cartilage, tissue, organ, or appendage or placement of chemicals or substances onto the skin for purposes of scarring or keloid formation or insertion of chemicals or other solutions into or under the skin surface.
Any such procedure or activity shall be conducted only by a licensed medical doctor or by a person specifically authorized by law to conduct the procedure or activity and only when otherwise permitted by law. Such procedure or activity shall only be conducted at a facility approved for the conduct of such procedure or activity by the appropriate authority under the applicable laws. Further, no such procedure or activity shall be conducted by a body art technician unless he or she is specifically authorized by law to perform such procedure or activity.
It is a violation of this chapter for any person to use in the conduct of body art activity or dispense any drug, chemical, agent or device that requires a licensed medical practitioner’s authorization or prescription for use, application or to dispense, without such medical practitioner’s authorization or prescription. (Ord. 99-0039 § 14 (part), 1999.)

Part 3 MOBILE BODY ART ESTABLISHMENTS

11.36.590 General requirement.

In addition to complying with all of the other requirements of this chapter, mobile body art establishments and body art technicians conducting body art activity from a mobile body art establishment shall also comply with all of the provisions of this Part 3. (Ord. 99-0039 § 14 (part), 1999.)

11.36.600 Vehicle plan check requirements.

A. A person applying for a public health facility permit to use a vehicle as a mobile body art establishment shall submit detailed plans and specifications of the vehicle to the department for approval. The vehicle shall be made available to the department for inspection, at a time and place prescribed by the department, prior to issuance of a public health facility permit. The applicant shall pay all required fees to the department at the time of application.
B. Department approval of a vehicle shall be valid for one year, unless modifications are made to the vehicle after the date of approval, in which case the owner must reapply in accordance with the provisions of this chapter. (Ord. 99-0039 § 14 (part), 1999.)

11.36.610 Restricted use.

The mobile body art establishment shall be used only for the purpose of performing body art activities at a body art temporary event. No habitation or cooking is permitted inside the vehicle. (Ord. 99-0039 § 14 (part), 1999.)

11.36.620 Equipment.

A mobile body art establishment shall be equipped in accordance with and otherwise meet all requirements of departmental regulations. (Ord. 99-0039 § 14 (part), 1999.)

11.36.630 Body art temporary event requirements.

At least 30 days in advance of the event, any person requesting to use a vehicle at a body art temporary event for the purpose of conducting body art activity shall submit detailed plans and specifications of the event, as required by departmental regulations, to the department for approval. (Ord. 99-0039 § 14 (part), 1999.)

11.36.640 Sponsor requirements.

At least 30 days in advance of the event, a body art temporary event sponsor that is providing space at an event for a mobile body art establishment shall submit detailed plans and specifications of the event, as required by departmental regulations, to the department. (Ord. 99-0039 § 14 (part), 1999.)

11.36.650 Permit requirements.

A. A public health facility permit shall only be issued to the owner of a mobile body art establishment that meets department standards and otherwise conforms to the provisions of this chapter, and such permit shall only be issued to authorize body art activities in conjunction with a body art temporary event. The permit period may not exceed 30 consecutive days or the duration of the event, whichever is the shorter period of time. Multiple public health facility permits shall not be issued to an owner to operate a mobile body art establishment for any period of time totaling more than 30 consecutive days in any 90 day period. A separate public health facility permit shall be required for each body art temporary event. The public health facility permit shall not be transferable from one mobile body art establishment to any other body art establishment.
B. An unpermitted body art technician desiring a public health operator permit to conduct body art activities at a temporary body art event shall obtain a permit under the provisions of this chapter at least 30 days in advance of the temporary body art event. No body art activity may be conducted at any mobile body art establishment by any person who has not obtained a public health operator permit pursuant to the provisions of this chapter. Such public health operator permit is valid only for conducting body art activity in mobile body art establishments approved by the department and only for such dates and times that the department has approved such an establishment for a permit.
C. A body art technician holding a valid public health operator permit issued by the department who intends to conduct body art activity at a temporary body art event must notify the department in writing at least 15 days in advance of the temporary body art event that he or she intends to conduct body art activity at such event, provide the name of the owner of the mobile body art establishment in which the body art activity will be conducted and specify the body art activity he or she intends to conduct.
D. The owner of a mobile body art establishment shall be responsible for ensuring compliance with all other applicable regulations and requirements, including, but not limited to, zoning, permit and business license requirements.
E. All establishment and operator permits and other information required by this chapter to be posted shall be posted in clear view of the clients. (Ord. 99-0039 § 14 (part), 1999.)

11.36.660 Operating requirements.

Body art technicians conducting any body art activity in a mobile body art establishment shall do so in conformance with the provisions of this chapter. All such body art activity shall be conducted in a mobile body art establishment that has onboard a public health facility permit issued by the department valid for that vehicle, time and place. No such body art activity may be performed outside of the enclosure of the mobile body art establishment. Mobile body art establishments shall provide full protection from contamination, filth, and debris to all instruments, equipment, devices, surfaces, clients and body art technicians. (Ord. 99-0039 § 14 (part), 1999.)

11.36.670 Record maintenance.

The operator must maintain all records and documents in accordance with the provisions established in departmental regulations. (Ord. 99-0039 § 14 (part), 1999.)

Part 4 TEMPORARY BODY ART ESTABLISHMENTS

11.36.680 General requirement.

In addition to complying with all of the other requirements of this chapter, temporary body art establishments and body art technicians conducting body art activity from a temporary body art establishment shall also comply with all of the provisions of this Part 4. (Ord. 99-0039 § 14 (part), 1999.)

11.36.690 Event requirements.

At least 30 days in advance of the event, any person requesting approval to conduct body art activity in conjunction with a body art temporary event shall submit detailed plans and specifications of the event, as required by departmental regulations, to the department for approval. The person requesting such approval must meet all requirements established in departmental regulations for a body art temporary event. (Ord. 99-0039 § 14 (part), 1999.)

11.36.700 Sponsor requirements.

A body art temporary event sponsor that is providing space at an event for a temporary body art establishment shall submit detailed plans and specifications of the event in accordance with departmental regulations to the department at least 30 days prior to commencement of the event. The sponsor must also meet all other requirements established in departmental regulations for temporary body art events. (Ord. 99-0039 § 14 (part), 1999.)

11.36.710 Permit requirements.

A. A public health facility permit shall only be issued to the owner of a temporary body art establishment that meets department standards and otherwise conforms to the provisions of this chapter. Such permit shall only be issued to authorize body art activities in conjunction with a body art temporary event. The permit period may not exceed 30 consecutive days or the duration of the event, which ever is the shorter period of time. Multiple public health facility permits shall not be issued to an individual to operate a temporary body art establishment for any period of time totaling more than 30 consecutive days in any 90 day period. A separate public health facility permit shall be obtained for each body art temporary event. The public health facility permit shall not be transferable from one temporary body art establishment to any other body art establishment.
B. An unpermitted body art technician desiring a public health operator permit to conduct body art activities in a temporary body art establishment shall obtain a permit under the provisions of this chapter at least 30 days in advance of the temporary body art event. No body art activity may be conducted at any temporary body art establishment by any person who has not obtained a public health operator permit pursuant to the provisions of this chapter. Such public health operator permit is valid only for conducting body art activity in temporary body art establishments approved by the department and only for such dates and times that the department has approved such an establishment for licensure.
C. A body art technician holding a valid public health operator permit issued by the department who intends to conduct body art activity at a temporary body art event must notify the department in writing at least 15 days in advance of the temporary body art event that he or she intends to conduct body art activity at such event, provide the name of the owner of the temporary body art establishment in which the body art activity will be conducted and specify the body art activity he or she intends to conduct.
D. The owner of a temporary body art establishment shall be responsible for ensuring compliance with all other applicable regulations and requirements, including, but not limited to, zoning, permit and business license requirements.
E. All establishment and operator permits and other information required by this chapter to be posted shall be posted in clear view of the patrons. (Ord. 99-0039 § 14 (part), 1999.)

11.36.720 Operating requirements.

Body art technicians conducting any body art activity in a temporary body art establishment shall do so in conformance with the provisions of this chapter. All such body art activity shall be conducted in a temporary body art establishment that has a public health facility permit issued by the department valid for that establishment, time and place. No such body art activity may be performed outside of the temporary body art establishment. Temporary body art establishments shall provide full protection from contamination, filth, and debris to all instruments, equipment, devices, surfaces, clients and body art technicians. Body art activities shall not be conducted in an outdoor environment. (Ord. 99-0039 § 14 (part), 1999.)

11.36.730 Record maintenance.

The operator must maintain all records and documents in accordance with all applicable provisions in this chapter. (Ord. 99-0039 § 14 (part), 1999.)

Part 5 EXPOSURE CONTROL TRAINING

11.36.740 Blood borne pathogen training course–Requirements.

Any course taken by a person to fulfill the requirements set forth in this chapter relating to exposure control or blood borne pathogen training for registration with the department as a body art technician shall be approved by the department and meet the minimum requirements established in departmental regulations. (Ord. 99-0039 § 14 (part), 1999.)

11.36.750 Blood borne pathogen training course–Examination.

Any person desiring to register with the department as a body art technician shall complete a blood borne pathogen training course approved by the department and demonstrate knowledge of the required subjects through submission of documentation of attendance and completion of the course, and provide proof that he or she achieved a passing grade of 70 percent or more on the final examination. (Ord. 99-0039 § 14 (part), 1999.)

11.36.760 Blood borne pathogen training course–Provider.

A. Any person desiring department approval for purposes of this chapter of a training course curriculum for exposure control training or blood borne pathogen training shall make application to the department as follows: the applicant shall provide to the department a copy of a the course outline, a sample lesson plan, a statement of the examination method, a sample examination and any other documentation necessary for the department to evaluate the course to ensure the course complies with all applicable provisions of this chapter. Applicants shall be notified by the department within 30 days of application of the department’s decision on the approval or rejection of the course.
B. The course instructor must possess a high level of expertise in all areas covered by the training program and be otherwise qualified to conduct the training. (Ord. 99-0039 § 14 (part), 1999.)

Part 6 CIVIL FINES

11.36.770 Civil fines.

In addition to any other penalty provided for under this chapter, consistent with the process set forth herein for notice and administrative review, the department may impose a fine on persons violating any provision of this chapter or any law, regulation or standard incorporated into this chapter. The department may impose a fine upon such violators in an amount not to exceed $500.00 per violation, as appropriate. The imposition of such fines shall, in no way, limit the authority or ability to impose other requirements of this chapter or seek other remedies against alleged violators. (Ord. 99-0039 § 14 (part), 1999.)

11.36.780 Amount.

In establishing the amount of the fine for each violation, the department will consider the following:
A. The gravity and magnitude of the violation;
B. The violator’s previous record of complying or of failing to comply with the provision of this chapter;
C. The violator’s history in taking all feasible steps or in following all procedures necessary or appropriate to correct the violation; and,
D. Any other considerations the department deems appropriate. (Ord. 99-0039 § 14 (part), 1999.)

11.36.790 Effect on permits.

A. All fines imposed pursuant to this chapter must be satisfied in the manner prescribed by the department before a permit issued under this chapter to the violator may be reinstated or reissued.
B. Failure to satisfy a fine imposed pursuant to this chapter in the manner prescribed by the department may result in suspension or revocation of the public health operator permit or public health facility permit issued to the violator. (Ord. 99-0039 § 14 (part), 1999.)

Part 7 REPEAL PROVISION

11.36.800 Repeal.

The provisions of this chapter shall remain in effect until the enactment of state laws or the promulgation of state regulations that control the conduct of body art activity, as defined herein. Upon the effective date of such enactment or promulgation, to the extent any provision of this chapter conflicts or is preempted by said enactment or promulgation, said conflicting or preempted provision is repealed in its entirety. (Ord. 99-0039 § 14 (part), 1999.)

Steve
Advanced Dermagraphics Tattoo Studio
http://www.advanceddermagraphics.com

Steve

Best,
Not the King of Long Beach

Your support for this small crusade to change the zoning/ordinance laws to allow tattoo art into the EVAD is a push in favor of Arts and Culture for our city of Long Beach.

This post began in September. My homework and leg work started around April/May. I went to my first EVAD meeting in July. I petitioned the EVAD streets for signatures that included a couple hundred names from business owners and residents of the EVAD which I turned into the EVAD and the district council member office in August. We can create a bigger dialogue around where people stand to really put this proposal in motion with support. I hope to see some of you at the next meeting.

If there are people who may want to meet or ask questions, please come through the next general EVAD meeting held every 3rd Thursday from 7-8:30 (approximately) at the Neighborhood Resource Center, 425 Atlantic, and let’s discuss how we can or can not achieve success through communal effort.

Sincerely,
Aleks

Conditional Uses:

21.52.273 Tattoo or fortunetelling services.
The following conditions shall apply to tattoo and fortunetelling services:
A. No new fortunetelling or tattoo parlor uses shall be located within one thousand feet (1,000’) of any existing adult entertainment, arcade, fortunetelling, tattoo parlor or tavern use; and
B. Fortunetelling and tattoo parlors shall operate only between the hours of seven (7:00) a.m. and ten (10:00) p.m.

(Ord. C-6533 § 1 (part), 1988).

Business License Tax Definitions:

3.80.146 Classifications of businesses.
4. Personal and business services, including, but not limited to, advertising agency, alarm installation/sales, animal kennel, barbershop, beauty shop, bathhouse/health parlor/spa, beach equipment rental, business trade school, cleaner, cleaning plant, collection agency, commission broker, dance instructor, day nursery/school, dog grooming, employment agency, fortuneteller, hotels, income tax, large volume transfer stations, linen supply, livery stable/riding academy, loan business, locksmith, manicurist, massage parlor, massager, miscellaneous rental, motels, nurses registry, offal collection, photographer solicitor/transient, photographer/studio, physical fitness, printing, private investigator, private patrol system, private waste collection, processing station, public relations, real estate broker, repossessing agency, tattoo artist, undertaker and wedding chapel.

Definitions:

21.15.2990 Tattoo parlor.
“Tattoo parlor” means a commercial land use where the marking or coloring of the skin is performed by pricking in coloring matter or by producing scars, and which is conducted in exchange for financial or other valuable consideration. It does not include tattooing when applied by a licensed dermatologist on premises licensed as a dermatological office.

(Ord. C-6533 § 1 (part), 1988).

21.32.020 Districts established.

[Ed Note: In “Table 32-1
Uses In All Other Commercial Zoning Districts,” it states that tattoo businesses can only exist as a conditional use in CHW designated areas, which are:]

1. The Regional Highway District (CHW) is a commercial use district for mixed scale commercial uses located along major arterial streets and regional traffic corridors. Residential use is not permitted.

[Ed Note: In this same section, but in “Table 32-1A
Uses In All Other Commercial Zoning Districts,” it states that tattoo businesses may exist via a conditional use permit in CT & CH areas as defined:]

21.32.020 Districts established.

2. The CH-Highway Commercial District preserves and enhances areas for automobile-oriented commercial uses. The District recognizes the need for many commercial uses to have large frontages and high visibility along major highways. This District implements Land Use District No. 8A of the General Plan.
3. The CT-Tourist and Entertainment Commercial District creates, preserves and enhances areas for the development of a major tourist and entertainment industry for the City. The District recognizes that such areas have special requirements for intense and unique uses, transportation linkages, and aesthetically pleasing environments.

Currently, as Aleks explained in his original post, the City limits tattoo business to two small bits of Anaheim and PCH. Within those two small bits, further restrictions apply. These are the only two places in the entire City where tattoo busiesses can open. I believe that this restriction is because at one time, perhaps when the City was still a Navy town, tattoing was not seen as a traditional art form, but a distasteful and dangerous past-time.

The reason why we started this dialog was to help raise awareness of Aleks’ vision to open a studio in the EVAD, and to find out what people think about the idea. So far, the only comments have been in defense of the existing businesses, and the neighborhood where they exist. So far, nobody has offered any compelling reason why a new business should not operate in the EVAD. This is, in my estimation, the central issue.

I agree that the questions must be addressed to our municipal leaders however it isn’t hard to understand that, with community support of Aleks’ vision, they will more open to explore the idea than if he walks in alone.

So, where do you stand? Do you believe that the City should restrict tattoo businesses to the two small bits of PCH and Anaheim and, if so, why? Would you support a revision that would allow tattoo businesses to open in other parts of the City and, if not, why? These are questions that must be answered within the community before we go to the City, so that we can have a clear idea of what it is we want.

I thank you, sincerely, for participating in this dialog and hope you’ll continue.

Peace.

srw