Riverside County supervisors tentatively approved an ordinance Tuesday establishing health standards and safety regulations for tattoo parlors and other body art businesses.

The measure, which would be enforced by the county’s Department of Environmental Health, is set for a public hearing next Tuesday.

Under the ordinance, the approximately 100 body artists with operations in the county’s unincorporated communities — and in cities that do not have their own health departments — would be required to register their businesses by filing an application, establish “exposure containment” plans that prevent the spread of blood-borne diseases such as HIV/AIDS or hepatitis and permit regular inspections by county personnel.

Shop owners would have to demonstrate adherence to sterilization procedures for body-piercing and tattooing equipment and ensure used products are properly discarded. They would also have to comply with state law and refuse to tattoo, pierce or otherwise permanently alter the features of a person younger than 18 without parental consent.

With other board members’ backing, Supervisor Jeff Stone, a practicing pharmacist, added a number of provisions to “strengthen” the proposed ordinance.

The supervisor introduced the changes after citing literature indicating that “30 percent of new piercings require medical attention” and “eight out of 1,000 piercings require emergency room treatment.”

The provisions Stone submitted included:

– a mandate that body artists use sterile gloves in addition to sterilized equipment;
– any procedure that involves piercing a customer’s butt, genitalia or breast be witnessed by a second person;
– business permits be clearly displayed; and,
– that any practitioner of permanent cosmetics submit a thumb print to the state as part of the application process.

Stone also wanted a prohibition against any sex registrant working in a body art business. Under California law, any person convicted of a sex crime must register their whereabouts with law enforcement for life as a condition of their parole.

The supervisor recommended a letter-grade system, similar to restaurants, in which health inspectors rate the quality of an establishment on an A-F scale, with grades being posted in a shop’s window.

The ordinance comes about a year after the county’s Grand Jury criticized the Department of Environmental Health for a laxity in holding tattoo parlors and other body art businesses to tough standards.

According to the grand jury report, applications furnished by the department often failed to ensure that permanent cosmetics providers passed a safety class, obtained a facility permit, established an exposure containment plan and retained a copy of the county’s health code.

Source : SWRNN

CALIFORNIA – The San Clemente City Council is slated to decide Tuesday where tattoo parlors will be allowed in the city.

City staffers put the item on the agenda in response to a business owner who wanted to open a tattoo parlor in a space on Del Mar. The Planning Commission shot down the idea on the grounds that a tattoo shop was too dissimilar to other businesses on the street.

The business owner’s attorney contacted the city to further discuss the matter, according the to agenda staff report. As a result, the city attorney suggested that the council specifically address the issue with some code amendments.

The staff report states that the space the tattoo parlor owner wanted to occupy was subsequently leased to someone else, rendering the point moot in this specific case, however.

Also at the meeting will be a presentation by opponents of the continued operation of the San Onofre Nuclear Generating Station. Gary Headrick, the founder of the local San Clemente Green environmental group, had asked the council to add some space on the agenda to allow nuclear plant opponents to formalize their concerns in a cohesive series of specific points.

Also on the agenda:

The council is set to extend the lease of the concession stand at the end of the San Clemente Pier for another year. The leaseholder is Randy Raneses.

U-Haul on Pico Avenue wants to improve and enclose its storage facility on Calle Lago, a narrow cul-de-sac off North El Camino Real, across from the Miramar Theater. The council will hold a public hearing on the matter.

The city will tweak its water use plan. State law requires all water providers to cut their water use by 20 percent by 2020. The city has already met that goal, moving from an average of 186 gallons per person, per day in the mid-1990s through 2005 to about 148 gallons per person, per day in 2010.

The meeting will be at 6 p.m. Tuesday in Council Chambers, 100 Ave. Presidio.

Source : San Clemente Patch

WATERLOO, IA – A decades-old ordinance requiring doctor oversight of tattoo practices could soon be eliminated in Black Hawk County.

The county Board of Health has recommended the Board of Supervisors rescind the “nuisance regulation,” revised in 1988 to provide public health control of tattooing operations in response to a hepatitis B outbreak in the community. At that time, no regulatory oversight of tattooing existed in Iowa.

The code limited the practice of tattooing “to physicians or osteopaths licensed in the State of Iowa or to individuals directly under their supervision.”

A statewide tattoo ordinance was rewritten with more stringent language in 2009, providing for annual state inspections That went into effect Jan. 1, 2010.

Other regulations include:

No tattooing in private residences;
Easily cleanable work surfaces;
A hand-wash sink with hot and cold water, soap and single-use towels;
No smoking or food consumption in the tattoo room;
Only service animals allowed in the establishment;
Equipment sterilization and sanitizing procedures are specified;
Glove use required;
Artists must have blood-borne pathogen and first-aid training.

Jon McNamee, division manager of the enforcement, surveillance and preparedness division with the Black Hawk County Health Department, said to his knowledge, Black Hawk was the only county with physician oversight.

“The physician oversight did what it was intended to do at that time, but it has outlived its usefulness,” McNamee said.

Nathan Woelke, owner of Omega Red in Cedar Falls, addressed the board in March. He said having a doctor sign off annually essentially is the same thing a health inspector does, but the pool of area doctors is limited to three or four, as many are tied to larger corporations, like Allen Hospital or Covenant Medical Center.

“They have no-compete clauses where … they’re not allowed to do any outside work,” Woelke said.

Some potential doctors “have moral issues with tattoos and piercings and refuse to do that,” he added. Others have busy schedules.

“It’s almost kind of like a dying breed,” he said. “Sooner or later these (few willing) doctors are going to retire.”

Health board member Dr. John Musgrave, a family practice physician, said the forms would be better signed by some type of inspector.

“It sounds like we’re dealing with a 23-year-old archaic law that probably has not kept up” with the industry, he said.

Environmental health officer Eric Heinen, who inspects all area parlors, said new shops need an initial look-through by a doctor before obtaining a license.

“Sometimes that can take quite a while, and the artist will get frustrated,” he said.

Woelke is aware of worries people have with tattooing, but said measures have been taken to decrease the spread of hepatitis. He noted Omega Red has fully enclosed biohazardous and cleaning rooms. Employees there break open tools in front of clients, use disposable tubes and have single-use needles. An autoclave, a device to sterilize equipment and supplies, is spore-tested monthly.

The proposed amendment is expected to go before the Board of Supervisors in the next couple of weeks.

Source : WCF Courier

LOS ANGELES – The man who gave Mike Tyson his distinctive facial tattoo has sued Warner Bros. over the similar-looking facial art on Ed Helms’ character in the upcoming comedy “The Hangover: Part II.”

S. Victor Whitmill, an award-winning tattoo artist who calls the Tyson design “one of the most distinctive tattoos in the nation,” is asking for an injunction to stop the release of the highly-anticipated comedy sequel, set to bow in the United States over Memorial Day weekend at the end of May.

“When Mr. Whitmill created the Original Tattoo, Mr Tyson agreed that Mr. Whitmill would own the artwork and thus, the copyright in the Original Tattoo,” argues the complaint, filed Thursday in federal court in Missouri.

“Warner Bros. Entertainment, Inc. — without attempting to contact Mr. Whitmill, obtain his permission, or credit his creation — has copied Mr. Whitmill’s Original Tattoo and placed it on the face of another actor … This unauthorized exploitation of the Original Tattoo constitutes copyright infringement.”

Warners declined to comment on the suit.

It’s an interesting lawsuit. Copyrighted works are copyrighted works, no matter whether they are painted on canvases or walls or the bodies of former heavyweight champions. Whitmill attaches to the lawsuit his copyright registration for the “Original Tattoo,” as well as Tyson’s signed release granting rights in the work. (He also includes some photos of himself with the boxer while applying the tattoo in 2003 in Las Vegas.)

The designs do look very similar. And what makes the matter dicey for Warners is that the tattoo on the Helms character appears to be a direct comedic reference to Tyson, who appeared extensively in the first film. That might make it tough to argue that the designs are merely coincidentally similar.

But Warners could argue that the copyright isn’t valid, or that the studio changed the design just enough to escape infringement, or that the use in the film is “transformative,” meaning it is depicted in a larger context and thus a fair use, or that’s it’s a parody. Whitmill also is challenging the use of the image in ad materials and trailers.

What’s scary for the studio is the request for an injunction to stop the movie’s release. A few years back, Warners was forced to fork over a hefty settlement to the author of the source material for its “Dukes of Hazzard” film when a judge issued an injunction weeks before the film’s release.

Source : Reuters

CALIFORNIA – After much deliberation and feedback from concerned residents Tuesday night, the Hermosa Beach Planning Commission voted 4-1 to consider recommending that the Hermosa Beach City Council adopt buffer zones and limit operating hours for tattoo parlors in town.

The council asked the commission in March to conduct a public hearing and consider whether any changes to the city’s existing tattoo ordinance are appropriate and constitutional.

City staffers now are to draft a resolution that will require tattoo businesses to:

* Not be within a 100-foot buffer zone around residential property;
* Not be within a 200-foot buffer zone around parks, schools and religious facilities;
* Operate between 8 a.m. and 9 p.m.

The issue of body piercing was proposed not to be included in tattoo policy, the panel also decided.

Community Development Director Ken Robertson warned commissioners that proposing restrictive measures on tattoo businesses would be difficult, as the 9th U.S. Circuit Court of Appeals ruled last year that tattoos and the business of tattooing are forms of expression protected by the First Amendment.

The court decision stemmed from a lawsuit that local tattoo artist Johnny Anderson brought against the city three years ago for denying him a permit to open a tattoo studio in town. At the time, municipal code prohibited tattoo studios from operating within city limits.

The lawsuit made its way to the 9th Circuit Court, where a three-judge panel ruled that the city’s ban was unconstitutional.

“But what about the constitutional rights for the people?” asked Commissioner Ron Pizer on Tuesday night, referring to residents who have expressed concern about tattoo studios opening near their homes.

“Say 70 percent of the community doesn’t want this. … What can the community do realistically?” Pizer asked. “I don’t see anything coming up for the people. That’s the thing that bothers me.”

Some residents at the public hearing applauded Pizer. Many addressed the commission with concerns that a proliferation of tattoo parlors in town will hurt property values.

“I think that you don’t have to be a brain surgeon to figure out your property values are going to go down if you’re next to a tattoo parlor,” reponded commissioner Kent Allen.

Other residents argued that tattoo studios could affect the aesthetic of the community and even pose health risks.

When the Planning Commission discussed in 2007 allowing tattoo studios to open locally, Commissioner Sam Perrotti said that he voted in support of an ordinance because he thought it would be better for the public’s health than the alleged “underground tattooing” that was happening in the city.

“I thought it was worth it to at least make it legal so the youth of the community could go somewhere safe,” he said.

Now that tattooing businesses are legal in the city, the commission will revisit the proposed zoning and operating hours regulations at its next meeting May 17, and they will be recommended to the City Council.

Source : Hermosa Beach Patch

GEORGIA – Tattoo and piercing studios in Houston County may soon have to change the way they do business.

As of right now, there are no regulations for studios regarding the health or safety of the artist or the customer. Technically, anyone with a business license can give someone a tattoo or piercing in Houston County.

The state of Georgia gave county health boards the authority to regulate studios, by creating rules and regulations.

Some of the regulations being proposed are the sterilization of needles and equipment, personal hygiene and vaccination of the artist, and even C.P.R. and First Aid certification.

Carla Coley of the North Central Health District is behind the initiative.

“We’re not here to keep them (the artists) from doing what they enjoy, and make a living at. But we want to protect them, as well as the public too.”

Many of the artists in Houston County are in support of implementing the new regulations.

John Wilkins runs Canvas of Flesh Tattoos, and he says his career has the same seriousness as a doctor has treating patients.

“I studied relentlessly, about human skin, the human anatomy, and the psychological…It’s no different to when you want to be a doctor and you go to college. You’ve just got to study hard, and you’ve got to be serious about it, or you’re not gonna be nothing or go nowhere in life. And I just treat it as the same.”

Source : 41 NBC

CALIFORNIA – Dozens of residents sat tensely before the Hermosa Beach City Council at a meeting at City Hall on Tuesday night to protest the number of tattoo parlors planning to open in town.

After listening to residents’ concerns, the council unanimously agreed to direct the Planning Commission to review the municipal code that specifically addresses tattoo establishments (see list of facts about the city’s tattoo ordinance by clicking ‘view gallery’ under photo).

The U.S. 9th Circuit Court of Appeals ruled in September that tattooing is a form of expression protected by the First Amendment.

The court decision required that Hermosa Beach overturn its ban on such businesses—and now some locals are not happy with the result.

Residents first expressed concern to the City Council on March 8 about what they saw as a recent proliferation of tattoo studios in Hermosa Beach.

Since then, residents have formed a Facebook group, Twitter account and online petition to “keep tattoo parlors away from our Hermosa Beach schools, playgrounds and neighborhoods,” the petition reads. The petition also lists that there could soon be a total of six tattoo parlors within city limits at the following sites:

* Hermosa Tattoo Co. on Pier Plaza is licensed and open;
* Eighth Street and Hermosa Avenue is licensed with an under construction logo;
* Third Street and Pacific Coast Highway is licensed and reported to be coming soon;
* Aviation Boulevard and 10th Street is licensed and reported to be coming soon;
* PCH near Artesia Boulevard is reported to be coming soon;
* Hermosa Avenue near 16th Street is reported to be coming soon.

As of noon Wednesday, the petition had 262 signatures.

The group that gathered at the City Council meeting Tuesday criticized the council for not keeping residents better informed about the city’s decision to allow tattoo parlors in the downtown and PCH-Aviation areas.

If local families had known when the council planned to change the municipal code to permit tattooing last year, they would have protested then, some residents said.

“You need to give people who are residents of this community adequate time to respond,” said Carolyn Petty, who lives in town but added that she has considered moving next door to Manhattan Beach.

Other protesters asked the council to listen to their concerns now, and adopt tighter restrictions for tattoo businesses by requiring conditional-use permits that would ensure, among other things, that tattoo studios don’t stay open later than a certain hour.

Hany Fangary, who lives on the Strand, wrote a letter to City Manager Steve Burrell last week requesting that the City Council “immediately adopt a moratorium on permitting any new tattoo parlors” in Hermosa.

Fangary also spoke before the panel Tuesday, reading parts of his letter aloud and requesting that studies, evaluations and reports be conducted so the council can review and adopt appropriate “time, place and manner” restrictions on tattoo parlors.

The council decision to send this issue to the Planning Commission reflects “an important part of dialogue,” said City Councilman Jeff Duclos at the council meeting.

Mayor Peter Tucker served on the Planning Commission 16 years ago and voted against tattoo shops when the subject arose then, he said.

“It has been a long process,” he said.

But many council members were concerned about spending more time and resources on this issue.

“What concerns me is that in doing this we set a ridiculously false expectation that somehow there’s not going to be parlors here or within 250 feet of somebody’s home,” said City Councilman Michael DiVirgilio.

Earlier in the council meeting, Hermosa Beach resident Greg Maffei questioned whether the council would acknowledge that mistakes were made when handling this issue.

“I don’t mind addressing this mistake. It was the single worst vote I’ve made on this council… back in 2007,” DiVirgilio said.

In 2007, tattoo artist Johnny Anderson sued the city after he was denied a permit to open a tattoo studio near PCH and Aviation, sparking years of litigation that led to the 9th Circuit Court of Appeals requiring Hermosa Beach to overturn its prohibition on tattoo parlors.

“I feel confident that we have exhausted our options in terms of establishing the zoning for this, but we have options moving forward in terms of enforcing,” DiVirgilio said. “If this brings certain mayhem to the area, we’ll then have evidence to then tighten the code.”

Council members Kit Bobko and Howard Fishman agreed.

“The route to this is not to tempt fate with more litigation, but is to enforce the ordinance we have and to proceed,” Bobko said. “I think that the 9th Circuit has boxed us in… but as bad as it might be, it could be worse.”

“Nobody wants tattoo parlors next to their homes, or some say in the city itself, but that ship has sailed, according to the court,” Fishman added.

Source : Hermosa Beach Patch

STOUGHTON, MA -  An article on Stoughton’s Town Meeting Warrant in May calls for zoning to be altered in the downtown area to allow tattoo parlors, but residents should not start rolling up their sleeves to get inked just yet. Some town officials do not think a tattoo shop would help with economic revitalization.

Article 93 asks the town vote to amend the Retail and Trade regulations by allowing tattoo parlors to be located in a Central Business District (CBD) by a special permit.

Zoning Board of Appeals Secretary Bob Regan said tattoo parlors would not enhance economic development in town.

“I believe there are plenty of places for people who want to get tattoos done,” he said. “No one has ever said we really need to have a tattoo parlor in Stoughton. There is not a crying demand. … I don’t want to see a tattoo parlor in town and I don’t know anyone who lives in Stoughton who thinks we need one.”

Tattoo shops became legal in Massachusetts in 2000. There are several tattoo parlors in South Shore towns, including Brockton, Raynham, Bridgewater and Abington – but none in Stoughton. Hanover’s Planning Board narrowly approved the town’s first tattoo parlor – which is planned to be located at the Hanover Mall – after some debate, Monday, March 7.

Regan said the town should work on attracting retail and professional businesses that would generate foot traffic, which is part of the master plan.

“It would be nice to have a restaurant you can eat a meal in, clothing stores – basically a live downtown,” he said.

Selectman John Anzivino said he is not in favor of rezoning the area to allow tattoo parlors.

“I just don’t see the benefit – it’s just a personal thing,” he said.

Instead, Anzivino said he would like to see some restaurants and professional offices open up and get the theater up and running again.

The petitioner for the article for the tattoo parlor, Elizabeth Morales, of 137 Pine St., South Easton, could not be reached for comment.

Source : Patriot Ledger

GEORGIA – City of Covington elected officials corrected an error in the zoning law Monday to allow tattoo parlors within city limits, but one local businessman said it was too little, too late.

When the city’s zoning laws were overhauled in 2008, tattoo parlors were omitted as an allowed use due to an administrative error, said Mayor Kim Carter. William Wyckoff, owner of Elektryk Inkk Tattoos on U.S. Highway 278, was recently notified by his landlord that he would have to move and subsequently discovered the use is not allowed under the current ordinance. Wyckoff has been in business since 2003.

Planning Director Randy Vinson recommended the council amend the ordinance to allow use within the corridor mixed use and light industrial zonings. There are currently two tattoo parlors operating in the city.

But Wyckoff said he didn’t want that to happen. Instead, “We’re going to take our business and leave. I feel like I’m being pushed out … To me you’re just saying you don’t like our kind here,” he said. Wyckoff said he hoped the council didn’t amend the ordinance so that no new tattoo shops will locate in the city and the city won’t get revenue.

“We are pro-business in Covington. It was an administrative error. We need to correct that error. That’s what we’re trying to do here tonight,” Carter responded.

But Wyckoff and his wife stormed out of the meeting as the council was casting the vote to approve the first reading of the amendment to make tattoo parlors an allowed use. The final reading will take place at the council’s April 4 meeting.

In other news, Carter said she would like the council to consider a change in alcohol license fees to a pro rata basis. Currently, the cost is $3,000 and the full year is paid regardless of when a business opens.

Carter said she’d like to see that reduced, for example, to 75 percent of the fee if the business opens after the first quarter, “so it doesn’t discourage new business from opening and doesn’t penalize them.”

Councilman Keith Dalton suggested dividing the fee by 12 to determine a monthly amount and calculating accordingly. So, if a business opened in April for example, the fee would be minus the first three months. The council directed Vinson to research the issue and come back with more information.

Source : Rockdale Citizen

INDIANA – A weekend convention with a focus on tattoos will not be affected by any new health regulations since the tattoo and body piercing ordinance proposed by the Allen County Board of Health is still in the discussion stage.

About 10 tattoo artists, including Jayson Love, event coordinator for the Phunk-N-Ink Tattoo and Music Festival, attended Monday’s board of health meeting to offer input on the proposed ordinance.

Allen County Health Commissioner Dr. Deborah McMahan wants a provision that prohibits certain body modifications, such as tongue splitting, branding or suspension – the process of inserting large hooks under the skin and suspending or hanging the person in the air on a chain or cable that is connected to the hooks.

“We need to specifically address body modification,” McMahon said. “This is a very dangerous precedent. It is a medical procedure and should be regulated as such.”

Love said the extreme procedures should not be eliminated, but measures should be taken to ensure the procedures are done safely.

“These people have been doing this for years and they are professionals,” Love said.

Don Corah, a tattoo professional with 29 years of experience, is the owner of Artisan Tattoo Co., with two locations in Fort Wayne. He is a member of the National Tattoo Association and serves on the board of the Alliance of Professional Tattooists.

Corah said the suspension acts are done as entertainment.

“I will step back from suspension, although I understand it is entertainment,” Corah said. “I don’t believe it falls under body piercing or tattooing, which is what we do.”

Corah is in favor of more regulation in tattooing and body piercing industry.

“Members of the Alliance of Professional Tattooists are required to have 1,200 to 1,500 hours of training and then serve an apprenticeship,” Corah said.

McMahan agreed that required training would be an improvement.

“Tattooists are required to have six months training in Nevada,” McMahan said, “while in Indiana there is no requirement at all. Anyone can go buy the equipment and set up a tattoo shop in their home.”

McMahon suggested that the county require some type of standards or certification that would include medical training and education in such areas as hepatitis, methicillin-resistant staphylococcus aureus, Type II diabetes and other skin and blood diseases.

Board member Laura Maser said the state has a weak law on tattooing and body piercing. But, she said, the county can establish its own regulations as long as the rules do not directly contradict the state’s mandate or do not “frustrate the purpose” of state law.

Jeff Stumpp, owner of Device Tattoo, told board members that more young people than ever are getting body piercings and tattoos.

“It’s here to stay and it is growing rapidly,” Stumpp said. “But anyone can get a permit. You need some control, and you may need to look at capping the number of studios.”

In 2005, the Fort Wayne-Allen County Department of Health issued 52 permits to tattoo artists along with 15 licenses for tattoo and body-piercing establishments.

In 2008, the local health department issued 123 tattoo-artist permits and 37 shop licenses.

In response to the growth in the industry, the health department updated the county ordinance regulating tattoos in 2001 and again in 2008.The health department inspects licensed tattoo shops twice a year.

Love said he has been satisfied with the open line of communication between the health board and the area tattoo and body piercing professionals.

“I think they are going in the right direction,” Love said, “and I agree with the majority of what they are trying to do.”

The board will revisit the proposed ordinance at its June meeting.

Source : Journal Gazette