Chapter 14-27
BODY ART FACILITIES
Sections:
14-27.030 Permit Requirements.
14-27.040 Separation Requirements.
14-27.050 Application Submittal Requirements.
14-27.060 Standard Conditions for all Body Art Facilities.
14-27.070 Annual Inspection and Review.
14-27.080 Operational Changes.
14-27.010 Purpose.
The purpose of this chapter is to establish location and operation criteria for Body Art Facilities (tattooing, body piercing and permanent make-up) as the City of Watsonville has determined that the secure management and placement of facilities involving Body Art is necessary to protect the public health, safety, and welfare of the community.
(§ 1, Ord. 1223-07 (CM), eff. October 25, 2007)
14-27.020 Definitions.
(a) “Body Art” shall mean body piercing, permanent cosmetics and/or tattooing.
(b) “Body Artist” shall mean any individual who is a practitioner of Body Art (tattooing, permanent cosmetics and/or body piercing) to include conducting Body Art procedures on another individual or technically advising the Body Art procedures performed by another individual. For the purposes of this chapter, Body Artists do not include persons engaged in ear piercing.
(c) “Body Art Facility” shall mean any establishment owned, controlled, leased, or operated to practice or engage in the practice of Body Art.
(d) “Body Piercing” shall mean the creation of an opening in the human body for the purpose of inserting jewelry or other decoration, with the exclusion of ear piercing. This includes but is not limited to, piercing of a lip, tongue, nose, or eyebrow.
(e) “Ear Piercing” shall mean the piercing of the leading edge or earlobe of the ear with a sterile, disposable, single-use stud, or solid needle that is applied using a mechanical device to force the needle or stud through the ear. Such practice is exempt from this Chapter.
(f) “Enforcement Officer” shall mean the City of Watsonville Community Development Department, or their designee.
(g) “Operator’s Permit” shall mean a Body Artist Permit issued by the Chief of Police of the City of Watsonville, pursuant to Chapter 6-4, to engage in the practice of Body Art.
(h) “Permanent Cosmetics” shall mean the application of pigments to or under the skin of a human being for the purpose of permanently changing the color or appearance of the skin. This includes, but is not limited to, permanent eyeliner, eye shadow, or lip color.
(i) “Substantial Change in Operation” shall mean any of the following:
(1) The location, ownership, and type of business changes; or
(2) The certificate of registration issued by the Santa Cruz County Department of Environmental Health is revoked or suspended for a period of more than thirty (30) days; or
(3) The premises are altered thereby increasing the gross floor area; or
(4) The facility is closed, abandoned, discontinued, or suspended for a continuous period of more than ninety (90) days for reason other than a break in continuous business due to natural disaster or other similar circumstances beyond the control of the licensee, owner, or operator; or
(5) Other circumstances deemed to be a substantial change by the Planning Commission.
(j) “Tattooing” shall mean inserting pigment under the surface of the skin by pricking with a needle or otherwise, to permanently change the color or appearance of the skin or to produce an indelible mark or figure visible through the skin. This includes, but is not limited to, eyeliner, lip color, camouflage, stencil designs, and free-hand designs.
(§ 1, Ord. 1223-07 (CM), eff. October 25, 2007)
14-27.030 Permit Requirements.
(a) It shall be unlawful for any person, firm or corporation, owning, controlling, leasing, acting as agent for, conducting, managing, or operating any Body Art Facility to practice or engage in the practice of Body Art without first obtaining a Special Use Permit and meeting all applicable zoning district and this chapter standards.
(b) No Body Artist shall operate within a permitted Body Art Facility without first obtaining an Administrative Review Permit and Watsonville Police Department Body Artist Permit.
(§ 1, Ord. 1223-07 (CM), eff. October 25, 2007)
14-27.040 Separation Requirements.
Each Body Art Facility shall be located in accordance with the following:
(a) 500 feet away from the lands on which any public or private school is located;
(b) 500 feet away from the lands any park or playground is located;
(c) 750 feet away from any other tattoo or body piercing establishment; and
(d) 300 feet away from any liquor store, bar, or restaurant with a bar.
(§ 1, Ord. 1223-07 (CM), eff. October 25, 2007)
14-27.050 Application Submittal Requirements.
(a) Applications shall be filed on a form provided by the City.
(b) In addition to typical application materials, the application shall include the following:
(1) For a Special Use Permit to establish a Body Art Facility, the application shall include the name of the contaminated waste transporter and proposed hours of operation.
(2) For an Administrative Review Permit for an individual Body Artist, application shall include the following:
(i) A copy of the approved Watsonville Police Department Body Artist Permit;
(ii) Proof of completion of an exposure control training program; and
(iii) Compliance with Hepatitis B vaccination requirements.
(§ 1, Ord. 1223-07 (CM), eff. October 25, 2007)
14-27.060 Standard Conditions for all Body Art Facilities.
(a) Possession of a lawfully issued Body Artist Permit.
(b) The Body Art Facility shall comply at all times with State, County, and the City of Watsonville Body Art Guidelines as adopted.
(c) Mobile Body Art shall not be allowed at any time within the City limits.
(d) No Body Art shall be applied to any person under eighteen (18) years of age, unless it is performed in the presence of a parent or legal guardian, and accompanied by a notarized authorization from that same parent or legal guardian.
(e) The permittee shall maintain a file on-site of all notarized minor consent forms, and submit to the City of Watsonville Community Development Department a copy of such form within ten (10) days of receipt.
(f) Body Art may not be performed on any person who is under the influence by illicit or illegal drugs or alcohol.
(g) No alcoholic beverages shall be allowed within the Body Art Facility at any time.
(h) Special Use Permit Conditions of approval, along with a City Business license shall be posted in a conspicuous location inside the business at all times.
(i) Hours of operation for Body Art Facilities shall be established through the Special Use Permit process.
(j) The certificate of registration from the Santa Cruz County Department of Environmental Health shall be posted in a conspicuous location inside the Body Art facility at all times.
(k) The Special Use Permit shall be valid for a period of five (5) years from the effective date of the permit, subject to annual inspection and Planning Commission review pursuant to Section 14-27.070 of this Chapter.
(l) Prior to approval of any City Business License, the Body Artist shall schedule a special inspection with the City of Watsonville, or their designee, to determine compliance with any Body Art operational guidelines of the State, County, or City.
(m) Not more than twenty-five (25%) percent of any window shall be covered with material that obscures the view into the Body Art Facility from the outside.
(§ 1, Ord. 1223-07 (CM), eff. October 25, 2007)
14-27.070 Annual Inspection and Review.
(a) Each Body Art Facility shall be subject to annual inspection by the City and/or its authorized agent.
(b) The Special Use Permit for a Body Art Facility shall be reviewed by the Planning Commission on an annual basis. Said review shall be made during the next available Planning Commission meeting following the annual inspection.
(c) Fees for annual inspections and review, as set by resolution of the Council from time to time, shall be paid to the City of Watsonville on or before the anniversary of the effective date of the Special Use Permit.
(§ 1, Ord. 1223-07 (CM), eff. October 25, 2007)
14-27.080 Operational Changes.
A Body Art Facility shall be subject to a Major Modification (Section 14-12.1000) of the Special Use Permit should there be a proposed substantial change in operation.
(§ 1, Ord. 1223-07 (CM), eff. October 25, 2007)