Chapter 22.46
BODY ART BUSINESS REGULATIONS
Sections:
22.46.050 Site development standards.
22.46.080 Violations—Penalties.
22.46.100 Provisions nonexclusive—Conflicting laws—Preemption.
22.46.110 Immunity from prosecution.
22.46.010 Purpose and intent.
It is the purpose of this chapter to regulate body art businesses to promote the health, safety and general welfare of the residents of the city of Cerritos by establishing reasonable and uniform regulations to reduce or eliminate the adverse secondary effects from such body art businesses. The provisions of this chapter have neither the purpose nor the effect of imposing a limitation or restriction on the content of, or access to, any communicative materials, as provided by the First Amendment of the United States Constitution, including any specific method of expression. Similarly, it is not the intent nor the effect of this chapter to restrict or deny access by the owners and operators of body art businesses, or by body art practitioners, to their intended market. Neither is it the intent nor effect of this chapter to condone or legitimize body art. (Ord. 1043 § 3, 2024)
22.46.020 Definitions.
The following words and phrases shall, for the purposes of this chapter, be defined as follows, unless it is clearly apparent from the context that another meaning is intended:
(1) “Body art” is the collective term for any single activity or combination of activities including tattooing, body piercing, branding, or the application of permanent cosmetics. It shall not include activities such as, or similar to, cutting of the skin or subcutaneous tissue, cutting or modification of cartilage or bone, implantation, branding, deep tissue penetration, threading, stapling or any other invasive procedure, whether or not such act would constitute the practice of medicine requiring licensure as a physician. For the purposes of this chapter only, and without any representation regarding the permitting requirements of any other public entity, “body art” encompassed herein shall not include the practice of ear piercing as an accessory use to the sale of earrings and other similar accessories.
(2) “Body art business” means the business of performing body art.
(3) “Body art establishment” means any permanent premises, business, location, or facility, used or operated in whole or in part as a body art business.
(4) “Body art practitioner” means any person performing body art in connection with, on the premises of, or on behalf of any body art business.
(5) “Body piercing” means the creation of an opening in the human body for purpose of inserting jewelry or other decorations. This includes, but is not limited to, creating such an opening in the ear, lip, tongue, nose, eyebrow, or navel for the purpose of inserting jewelry or other decorations.
(6) “Branding” means the process in which a mark or marks are burned into human skin tissue with a hot iron or other instrument, with the intention of leaving a permanent scar.
(7) “Permanent cosmetics” means the application of pigments to or under the human skin for the purpose of permanently changing the color or other appearance of the skin. “Permanent cosmetics” shall include, but is not limited to, the application of permanent eyeliner, eye shadow or lip color. Nothing in this definition shall be deemed to restrict the activities of any licensed physician or surgeon.
(8) “Impacted use” means any of the following:
(a) Any religious institution or property zoned, planned or otherwise designated for such use by city action;
(b) Any school, public park or property zoned, planned or otherwise designated for such use by city action;
(c) Any establishment used for regular operations by a boys club, girls club, or similar youth organization; or
(d) Any public facility regularly frequented by children such as a library or community center.
(9) “Operator” means any person in charge of any body art establishment.
(10) “Person” means an individual, proprietorship, partnership, corporation, association, or other legal entity.
(11) “Public park” means a park, playground, swimming pool, golf course or athletic field within the city which is under the control, operation or management of the city, the county, the state or other public agency.
(12) “Religious institution” means an establishment which is used primarily for religious services and related religious activities.
(13) “School” means any child care facility, or an institution of learning for minors, whether public or private, which offers instruction in those courses of study required by the California Education Code or which is maintained pursuant to standards set by the State Board of Education. This definition includes nursery schools, preschools, schools with any of the grades kindergarten through twelfth grade, or any special institution of education for minors, but it does not include vocational or professional institutions of higher education, including a community or junior college, college or university.
(14) “Tattooing” means and includes the act or process of marking or coloring the skin of any person by the insertion of pigment under or in the skin or by the production of scars. (Ord. 1043 § 3, 2024)
22.46.030 Location criteria.
Body art businesses shall comply with the following location criteria standards:
(1) Body art establishments may only be permitted in the industrial commercial-two (MC-2) zone. Body art establishments shall not be located within the following areas:
(a) Within five hundred feet of another body art establishment, a sexually oriented business defined in Chapter 22.45, a business selling alcoholic beverages for off-site consumption, or any impacted use.
(b) Notwithstanding subsection (1)(a) of this section, the buffer for an impacted use may be reduced to one hundred fifty feet if either the impacted use is separated from the body art establishment by a flood control channel at least one hundred fifty feet in width and the body art establishment does not face the impacted use, or the impacted use is separated from the body art establishment by a utility easement or utility right-of-way at least fifty feet in width and the body art establishment does not face the impacted use. For purposes of this subsection, all distances shall be measured in a straight line, without regard to intervening structures, from the nearest point of the building, or structures in which the body art establishment is or will be located to the nearest property line of the subject use.
(2) Permanent Location. The body art establishment must be in a permanent structure such as a building. Temporary or mobile body art businesses such as those based in trailers, vehicles, or accessory structures, or “pop-up” businesses are prohibited. (Ord. 1043 § 3, 2024)
22.46.040 Operations.
Body art businesses shall comply with the following operational standards:
(1) Age Restrictions. No body art business shall permit anyone under the age of eighteen to enter the body art establishment unless such person is accompanied by a parent or guardian.
(2) Applicable Laws. The body art business shall strictly comply with all applicable federal, state, and local laws, including but not limited to the Safe Body Art Act (Health and Safety Code Section 119300 et seq.), Penal Code Sections 652 and 653 (age restrictions), all requirements of the Los Angeles County department of public health, and Chapters 6.04 (Health Code), 22.48 (Signs), and 22.74 (Off-Street Parking). The Safe Body Art Act contains many requirements related to health, safety, and client treatment and intake.
(3) Conditional Use Permit. Each body art establishment shall require a conditional use permit issued by the city of Cerritos pursuant to Chapter 23.10. In addition to the requirements of Chapter 23.10, a conditional use permit for a body art establishment shall only be granted if the body art establishment complies with, and commits to continued compliance with, this section. A conditional use permit for a body art business shall expire if not utilized within six months of its issuance. Substantial enlargement of a body art business use subject to a conditional use permit without city council approval shall be grounds for revocation or suspension of the conditional use permit.
(4) Licenses Required. A body art establishment shall hold all licenses, permits, and requirements required by applicable law, including by this code.
(5) Controlled Substances. No body art business shall permit the sale, service, or consumption of alcohol, tobacco, cannabis, or any controlled or illegal substance within said business.
(6) Fire Standards. Maximum occupancy load, fire exits, aisles and fire equipment shall be regulated, designed, and provided in accordance with the fire department and building regulations and standards adopted by the city.
(7) Graffiti. All graffiti shall be removed from the premises within twenty-four hours of its discovery, and such removal shall be the responsibility of the body art establishment.
(8) Hours of Operation. No body art establishment shall be open or operating between the hours of ten p.m. and eight a.m.
(9) Management. Each body art establishment shall have a manager on the premises during all hours of operation who shall be responsible for the operations and maintenance of the body art establishment, and to supervise all persons on the premises.
(10) Amplified Sound. No loudspeakers or sound equipment shall be used by a body art business for the amplification of sound to a level discernible by the public beyond the walls of the building in which such use is conducted or which violates any noise restrictions of this code.
(11) Nudity. When a body art procedure requires exposure of the human male or female genitals, pubic area or anus region, or the female breast with less than a fully opaque coverage over any part of the nipple or areola, that part shall only be exposed for the duration required for the body art procedure. The sole remedy for violation of this privacy requirement is revocation of the body art business’s conditional use permit.
(12) Waiting Area. Each body art establishment shall have a designated waiting area where persons waiting or not otherwise having body art applied may be seated inside the body art establishment.
(13) Privacy. The performance of body art shall be shielded from the public right-of-way and any location outside of the body art establishment. Areas where body art is performed shall be shielded from view of the designated waiting area within the body art establishment.
(14) Trash Receptacles. Litter and trash receptacles shall be located at convenient locations both inside and outside the body art establishment, and trash and debris shall be removed on a daily basis.
(15) Special Events. Body art businesses shall not conduct, sponsor, or stage any special events, promotions, festivals, concerts, or similar events or activities which would create a demand for parking spaces beyond the number of spaces required for the particular use or which would increase occupancy beyond the maximum building occupancy. (Ord. 1043 § 3, 2024)
22.46.050 Site development standards.
In addition to any requirements of conditional use approval and the requirements under Chapter 22.33, body art businesses shall be subject to the following minimum development standards and other such requirements as the planning commission and/or city council may impose in order to preserve and protect the public health, safety and general welfare of the community, and in order to be consistent with the provisions of the general plan of the city and applicable ordinances of the city. In the event of a conflict between the site development standards of the applicable zone and the site development standards provided herein, the development standards of this section shall apply.
(1) MC-2 Zone. Each body art establishment must comply with all applicable development and design regulations under Chapter 22.33.
(2) Landscaping. No on-site landscaping shall exceed thirty inches in height, except trees with foliage, not less than six feet above the ground.
(3) Lighting. All off-street parking areas and on-site walkways shall be illuminated with lighting designed to reduce incidence of criminal activity. Said lighting shall be a minimum of two foot-candles and shall be subject to review and approval by the department of community development. All interior areas shall be well-lit at a minimum of twenty foot-candles.
(4) Signage. The body art establishment shall display the following signs at all times:
(a) “No loitering” and “No smoking” signs posted at the entrance of the body art establishment.
(b) Hours of operation posted in a conspicuous place in the lobby of the establishment and in a window or other location visible from the outside.
(c) A valid public health permit issued by the Los Angeles County department of public health posted in a conspicuous place in the lobby of the establishment. The placement of signage required hereunder shall be to the satisfaction of the director of community development. The owner, manager, and operator of a body art business shall be responsible for ensuring enforcement of the requirements posted on the foregoing signage. (Ord. 1043 § 3, 2024)
22.46.060 Business license.
(1) Business License Required. A body art business may not operate without a city-issued business license pursuant to Chapter 5.04. In addition to the requirements listed in Chapter 5.04, a business license application for a body art business shall require the following:
(a) Applicant Information. The legal name, age, date of birth, aliases, drivers license number, social security number, tax identification number, and residential address (other than post office box) of the applicant;
(b) Authorization. Authorization by applicant to city, its employees, agents and contractors, for any and all information necessary for the investigation of the application to determine its truthfulness;
(c) Business Description. A detailed description of the nature and number of persons engaged in the body art business, hours of operation, address, and floor plan for the business indicating what uses are intended for which portion of the body art establishment;
(d) Business Name. The complete name and business address of the applicant(s) which shall include such information for all persons with ownership of the body art business;
(e) Certification. Self-certification of knowledge of, and commitment to meet, state law and local regulations pertaining to body art safety;
(f) County Requirements. The body art business shall include a valid copy of a Los Angeles County public health permit for the body art business, and all persons performing body art for the body art business shall be registered in the Los Angeles County body art practitioner registration program;
(g) Fingerprints. The applicant’s fingerprints on a form provided by and in a manner prescribed by the Los Angeles County sheriff’s department and a two-inch by two-inch (minimum size) portrait photograph, taken within the sixty days immediately prior to the date the application is filed, of the applicant(s). Any fees for the fingerprints and photographs shall be paid by the applicant;
(h) Personnel. The name or names of the person or persons having the management or supervision of body art establishment, and any body art practitioners intended to work at the body art establishment, and whether any such person has been convicted of a crime related to a body art business in the last five years for felony offenses, the last two years for misdemeanor offenses, or the last five years for two or more misdemeanor offenses; and
(i) Security Plan. A detailed security plan that describes measures that will be implemented to provide adequate security both within the interior and exterior premises of the body art business.
(2) Denials or Revocation. In addition to any applicable provision of Chapter 5.04 or elsewhere in this code, the following shall be grounds for denial or revocation of a business license for a body art business:
(a) The body art business does not comply with the requirements and standards of the health, zoning, fire and safety laws of the state of California and of the city of Cerritos;
(b) The body art business does not hold the required permits, licenses, or approvals from the county of Los Angeles and the city of Cerritos;
(c) The applicant, or anyone acting on its behalf, has knowingly made a false, misleading or fraudulent statement of material fact in the application for a license or in any report or record required to be filed with the police department, or other department of the city;
(d) The applicant, or anyone associated with management or supervision of the body art business, has had any type of business license for a body art business revoked by any public entity within two years of the date of the application;
(e) The conditional use permit for the body art establishment has been revoked or denied;
(f) The applicant is under eighteen years of age;
(g) The applicant is overdue in payment to the city of Cerritos of fees owed by the applicant in relation to the body art business, which is the subject of the application;
(h) The applicant, or any manager, supervisor, operator or owner of the body art business, or any body art practitioner associated with the body art establishment has been convicted of a crime related to a body art business in the last five years for felony offenses, the last two years for misdemeanor offenses, or the last five years for two or more misdemeanor offenses; or
(i) The applicant has not complied with the requirements of this chapter, including payment of the application fee. When the city denies issuance or renewal of the business license for a body art business, or revokes a business license for a body art business, the applicant shall not be issued a license under this chapter for one year from the date of denial. If, subsequent to denial, the city or its designee finds that the basis for denial has been corrected, the applicant shall be granted a license if at least ninety days have elapsed since the date denial became final.
(3) No Transfer. Business licenses for body art businesses may not be transferred, assigned, or otherwise conveyed to any other person. Any purported transfer, assignment, or other conveyance in violation of this provision shall automatically become null and void.
(4) Renewal. A business license for a body art business must be renewed on an annual basis on the anniversary date of the original application, and shall expire if not renewed in that time. In addition to the requirements for a new business license, renewal applications shall indicate any changes since the previous business license application for the body art business filed by the applicant. An application for renewal shall be made at least thirty days prior to the expiration date, and when made less than thirty days from the expiration date, the expiration of the business license shall not be affected.
(5) Supplemental Information. Applicants for a business license under this section shall have a continuing duty to promptly supplement application information required by this section in the event that said information changes in any way from what is stated on the application, including, without limitation, the names of body art practitioners who perform body art at the business. The failure to comply with said continuing duty within thirty days from the date of the change shall be grounds for suspension of the license. (Ord. 1043 § 3, 2024)
22.46.070 Audit.
If the department of community development believes that a regular and substantial portion of a business operating within the city has the characteristics of a body art business, then the department of community development may require that the business make available for review by the authorized representative of the city, at reasonable times and places, complete records of the business’s transactions, including its sales, receipts, purchases and other expenditures. (Ord. 1043 § 3, 2024)
22.46.080 Violations—Penalties.
(1) Misdemeanor. Except for the provisions of Section 22.46.040(11), any firm, corporation or person, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of this chapter shall be guilty of a misdemeanor, and any conviction thereof shall be punishable by a fine of not more than one thousand dollars or by imprisonment for not more than six months, or by both such fine and imprisonment. Without limiting the foregoing, the following violations shall specifically constitute misdemeanors:
(a) The operation of a body art business without holding a current, unexpired, and unsuspended conditional use permit, business license and Los Angeles County approvals required by this chapter.
(b) The practice of body art without a current, unexpired, and unsuspended body art practitioner registration with the county of Los Angeles.
(c) The advertisement of activities prohibited by this chapter or other applicable law, including but not limited to the performance of body art on minors where prohibited by California law.
(d) The operation of a body art business outside the permissible hours of operation.
(2) Grounds for Revocation or Suspension. Material violations of the applicable standards of this chapter are grounds for revocation or suspension of a body art business’s conditional use permit and/or business license.
(3) Penalties Nonexclusive. Nothing herein shall prevent or restrict the city from taking such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any violation or noncompliance. Such other lawful actions shall include, but shall not be limited to, an equitable action for injunctive relief or an action at law for damages. If an injunction must be sought, attorneys’ fees and costs will be assessed at the discretion of the court against the body art business. Nothing in this section shall be construed to prohibit the city from prosecuting any violation of this chapter by means of code enforcement established pursuant to the authority as provided by the laws of the state of California and the city of Cerritos.
(4) County Enforcement. Nothing in this section shall be construed to prohibit the county of Los Angeles from prosecuting any violation of any health and safety requirement established pursuant to the authority as provided by the laws of the state of California.
(5) Separate Offenses. Any violation of the provisions of this chapter shall constitute a separate offense for each and every day during which such violation is committed or continued.
(6) Public Nuisance. Any body art business which is operating in violation of this chapter or any provision thereof is hereby declared to constitute a public nuisance and, as such, may be abated or enjoined from further operation. (Ord. 1043 § 3, 2024)
22.46.090 Nonconforming uses.
(1) Declaration of Nonconforming Use. Any body art business lawfully operating on the effective date of the ordinance codified in this chapter in violation hereof shall be deemed a nonconforming use.
(2) Cessation of Nonconforming Uses. Any body art business lawfully operating on the effective date of the ordinance codified in this chapter which becomes nonconforming due to the regulations contained in this chapter shall cease operation, or otherwise be brought into full compliance with the development standards of this chapter, no later than one year from the effective date of the ordinance codified in this chapter, including but not limited to applying for and obtaining all permits and licenses required under this chapter.
(3) Extension. Possible extension of one additional year may be granted by the planning commission by showing extreme financial hardship which is defined as the recovery of the initial financial investment in the nonconforming use, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty days or more. An application for review of the termination schedule for a nonconforming body art business prescribed in this chapter may be approved by the planning commission. In considering an application for review of the termination schedules for a body art business which is nonconforming due to either the locational or development standards, the planning commission shall also use the following criteria in making a determination:
(a) The owner’s financial investment in the business prior to the effective date of the ordinance codified in this chapter;
(b) The present actual and depreciated value of the business improvements;
(c) The applicable federal tax depreciation schedule for such improvements;
(d) The remaining useful life of the business improvements;
(e) The extent to which the business fails to comply with all the applicable requirements of this chapter;
(f) The extent, if any, to which the business has been brought into compliance with any of the applicable requirements of this chapter since the date of adoption of this chapter and with which such business previously failed to conform, including the cost incurred for any such improvements;
(g) The remaining term of any lease or rental agreement under which the business is operating;
(h) Whether the business can be brought into conformance with all applicable requirements of this chapter without requiring to be relocated, and the cost of complying with such requirements;
(i) Whether the business must be discontinued at the present location or in order to comply with the requirements of this chapter and, if such relocation is required, the availability of relocation sites and the cost of such relocation; and
(j) The ability of the owner to change the business to a conforming use.
(4) No Enlargement. Nonconforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use.
(5) Impacted Uses. A body art business lawfully operating as a conforming use is not rendered a nonconforming use by the subsequent location of an impacted use within five hundred feet of the body art business. This provision does not apply when an application for a license is submitted after a license has expired or has been revoked. (Ord. 1043 § 3, 2024)
22.46.100 Provisions nonexclusive—Conflicting laws—Preemption.
(1) Provisions Nonexclusive. The provisions set forth in this chapter are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other ordinances or regulations pertaining to the operation of body art businesses as adopted by the city council of the city of Cerritos.
(2) Conflicts of Law. If any city ordinance or regulation, or any part thereof, is found in conflict with the provisions of this chapter, the provisions of this chapter shall apply.
(3) Preemption. The provisions of this chapter are intended to supplement applicable state law and to be in addition to, and not in conflict with, such laws. Each provision shall remain in effect until the enactment of state laws or the promulgation of state regulations that conflict with or otherwise preempt the authority of the county of Los Angeles to control the conduct described in this chapter. (Ord. 1043 § 3, 2024)
22.46.110 Immunity from prosecution.
The city and all other city officers, agents and employees charged with enforcement of state and local laws and codes shall be immune from prosecution, civil or criminal, for reasonable, good faith trespass upon a body art business while acting within the scope of authority conferred by this chapter. (Ord. 1043 § 3, 2024)
22.46.120 Severability.
If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this chapter or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter or any part thereof. The city council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective. (Ord. 1043 § 3, 2024)