Tattoo parlors to be regulated

City officials gave preliminary approval June 3 to a brand new ordinance to regulate tattoo parlors in Laguna Beach.

The City Council voted unanimously to add an ordinance to the city code that would set health and safety standards for “body art” facilities and require them to obtain a county health permit, as well as a city business license. The ordinance is required for county regulation and/or inspection of the tattoo establishments. Practitioners will be required to register with the county.

“I think an ordinance might be a good idea for the business — it would keep fly-by-night operators from starting up,” said Stephen Crome, long-time owner of Laguna Tattoo at 656 South Coast Highway. “But I would have to look at the ordinance before I formed an opinion about it.

“I am already registered with the county, so I have no problem with that requirement.”

Established business will have six months to comply with the ordinance requirements, including a local business license, which all Laguna business are supposed to have, City Attorney Philip Kohn said.

“This is primarily directed to new businesses,” Kohn said.

Laguna Tattoo has been in business for 26 years. An application by a new operator to open a tattoo business in Woods Cove was put on hold pending council consideration of a Planning Commission request to consider an ordinance to regulate the establishments. The commission requested the council action after reviewing the application and discovering the lack of oversight.

“A couple of us raised health issues,” Commissioner Anne Johnson said. “Agencies inspect beauty salons and restaurants, but who supervises tattoo parlors, which are particularly attractive to young people, who do not always have the best judgment.”

No certification is required by the state for body piercing, permanent makeup or tattooing.

Crome opposes certification.

“I consider myself an artist,” he said.

Johnson searched the Internet for information about regulations and legislation in other cities and countries governing tattooing.

“Several require foot-operated sinks and trash cans so blood-borne pathogens are not spread around,” Johnson said. “That is the kind of thing I thought should be included.”

The proposed ordinance covers infection prevention and control; acceptable activities on site, which do not include the food industry or human habitation; cleaning and sterilization of skin piercing instruments that will be re-used and proper disposal of sharps that won’t be reused in a Biohazard-labeled container.

Clients must be free of unhealthy skin conditions and sign a consent form for the procedure.

Practitioners must be free of communicable diseases. They may not eat, drink or smoke during a procedure. And they must have clean, gloved hands — gloves to be fresh for each client.

Ink and other products used in the procedure must be handled and packaged in a manner that prevents contamination.

Health and police officers are authorized to enforce the ordinance.

Convicted violators are subject to fines not to exceed $1,000 per day per violation or by imprisonment in the county jail up to six months.

Recent applicant Art Quevara said he has no problem with the proposed ordinance and he is already registered with the county. He is disappointed by the delay on his application but is resigned.

“I have been trying to get into this location for a year, so I guess another couple of months won’t hurt,” Quevara said.

The ordinance will not go into effect until 30 days after the second reading is approved by the council.

In the meantime, Quevara said he has approval to sell fine art at his gallery, True Fate, at 1936 S. Coast Hwy. He chose Laguna for his “skin art” and fine art gallery because he has been visiting here ever since he was a child.

Approval of his tattoo operation is pending a Planning Commission hearing, which will be scheduled after the ordinance is in effect.

However, passage of the ordinance would not guarantee approval of the application, which was opposed by the city planning staff.

“It is not a permitted use in the zone and the commission would have to make the finding that it is similar to or no more obnoxious or detrimental than other permitted uses in the zone,” Planning Administrator Ann Larson said.

The proposed ordinance is available on the city’s website www.lagunabeachcity.net.

BARBARA DIAMOND can be reached at (949) 494-4321 or coastlinepilot@latimes.com.