This article first appeared in: Skin and Ink Magazine

Los Angeles County Tattoo Regulations Update on Los Angeles County Regulations Affecting the Tattoo and Piercing Body Arts by Pat Fish of Tattoo Santa Barbara    As goes California, so goes the nation. Or so it is said. Proud as we on the Left Coast may be of our trend-setting in fashion and entertainment, the new regulations that have been mandated by the passage of California Assembly Bill 186 bode upcoming turmoil for the Body Art industry.     So far there are no state regulations in place, and individual counties have the choice of writing their own codes, which will be superceeded by the state regulations when they are written, or the counties can ignore the issue and wait to see what the state does. My sources tell me this is a political hot potato and it will be years before the state gets its final regulations through committee.     Meanwhile Los Angeles County adopted a whopping 84 page document as law in May of 1999, which deals only with the licenses, permits, regulations and fines and punishments. It says nothing about requiring autoclaved equipment, the wearing of gloves, or any of the other morally necessary regulations that legitimate tattoo artists and piercers have been backing for years. What it does, in no uncertain terms, is make tattooing after six months of the effective date of the ordinance without all the necessary permits a misdemeanor crime punishable by a fine of $1,000, imprisonment in county jail for a period not to exceed 6 months, or both. Each such act punishable as a separate offense, each subsequent day that an act continues constitutes a separate act punishable as a separate offense. The effective date seems to have been September 1, 1999, which makes most of this stuff kick in around March 2000.     Much as those of us who run legitimate shops want to see scratchers shut down, believe me these laws will have an incredible impact on the people trying to be legal and will be merely an annoyance-factor to those who work below the bureaucratic radar screens. Sure, a few ex-cons may be ratted out by neighbors who hear the buzzing in the garage, but what is really going to happen is a mad scramble as every studio and tattoo artist and piercer tries desperately to understand all the permits and licenses they will be required to obtain.     I have culled the material in the document down to this list, every one of which is required and who knows how to go about getting any of them? Every Body Art Establishment will be required to obtain and post in the business: Business license. Public hearing shall be held for every application for a new license, first year for body art establishment $2027, annual renewal $184. Most business licenses run about $200, the only thing that comes CLOSE to this fee is $2000 for adult massage parlors. Business license commission may specify permitted hours of operation. If this license is revoked the former licensee shall not be able to apply for a new license for 1 year. Public Health Facility Permit Conditional Use Permit, which will tie in to zoning laws, which are already being used around the country to shut down or move undesirable businesses. Plan Check and site Inspection fees $207. Within 69 days of ordinance effective date (which seems to mean by November 9, 1999) owners of studios must submit 3 sets of complete legible plans for their establishment, drawn to scale, including all specifications required. (Which are nowhere specified.) Site Transfer / site address change $35 fee Insurance (PLPD & malpractice) for a liability of $1 million Written Log required with date & time of service, technician's name, client's name & date of birth, description of service provided, maintained for 3 years. Consent Form signed by all clients, showing they have given informed consent, have been given care instructions verbally and in writing, and have been informed of risks and side effects. They are given a copy of the form and the original is kept on file at the studio for 3 years. Written Exposure Control Plan to minimize risk of exposure must be approved by the Health Department. Required to report infections of complications or diseases resulting from body art activity within 24 hours to Health Department. liFees for costs incurred by County Health Officer $105. Health Officer may enter and inspect any location suspected of conducting any activities regulated, issue notices and impose fines, take possession of any sample, photograph, record or other evidence. Such inspections may be conducted as often as is necessary. May impound any equipment, device or supply that is found to be unsanitary or lacking in any required approval. Public Health concerns sign referring people to the Dept. of Health if they have problems with the studio must be posted. Sign with names of all registered artists must be posted. Restroom sign reminding people to wash their hands must be posted. No smoking sign must be posted. At all times the establishment is open Manager must be on premises. The Owner of a Body Art Establishment is responsible for any violation by any person who does any body art activity with the owner's consent in the owner's establishment...whether such person is an employee or an independent operator. ****************************** Every Body Art Technician will be required to obtain and post at their workplace: Business license $209 first year per technician, annual renewal $122. Public Health Operator permit, which requires a Certificate from a medical doctor saying the technician is free from any contagious or communicable disease. Hepatitis B vaccination status required. Blood Borne Pathogens Standards Training Certificate showing documentation of attendance, completion of course, and passing grade. Insurance (PLPD & malpractice) liability $1 million. Registration with County Health Department $25 for 3 year certificate Fees for costs incurred by County Health Officer $105, per technician ****************************** Overall regulations contain these guidelines: Nipple and genital piercing shall not be done on anyone under 18 years old. Tattoos ditto, except when authorised by a physician and performed with the consent and in the presence of the person's parent or guardian. 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 authorization. Body Art Activity shall not be performed on any person who, in the opinion of the technician, has impaired judgement due to the use of drugs or alcohol or for any other reason. It is a violation to perform or conduct any activities or procedures upon any person that endanger the health & safety of that person, regardless of the consent of the recipient. ******************************     Well, there you have it. Ever tattoo anyone with a zit or a sunburn? Never again! Ever think someone's design choice might have indicated they might have been crazy ....... send 'em packin! Don't risk tattooing them!     In the efforts of the Go-varmint to protect everyone from their bad impulses, the micro-management is focusing on all the ways that they can require fees and licenses, and totally ignoring what anyone inside the industry could have told them are the tru fly pressing health concerns. But WAIT! MORE is yet to come. By the time this article appears in print they will most likely have issued another set of regulations, probably modeled after other state laws.     They are considering such things as specific floorplan requirements that will cause existing shops to be non-permittable, and open the way for the inevitable influx of the franchise Tats-R-Us strip mall discount McTat Huts.     It is my deep concern that this is all happening while many tattoo artists see themselves as pirates; report for taxes only a small percentage of their income, if any; and operate with a rudimentary knowledge of sterilization and cross-contamination issues. This has been a renegade industry since time began, and now the authorities are smelling money to be made and a trusting public needing to be protected.     Review that list and realise that if you tick off the local authorities they will now have the laws in hand to make it extremely difficult for you to do business. And if they pull your business license you don't get to ask for a reconsideration, you're out of business for a year! I don't think there is a precedent for this, but let's just hope they don't start in on seeing how long before they can legislate/aggravate away this nuisance industry.     Over the past year I have been working with my local County Health officers to try to give them my perspectives. I believe they need to be educated to understand that the Bod Mod Biz will not go away, there will always be a human impulse towards it, and if they make it too difficult for legitimate operators then it will just go on underground. It will not stop.     I strongly suggest that the time is NOW for all professionals in the Body Art community to work WITH their local governments. If the laws are in place there is still the possibility that sympathetic local authorities can grant reasonable variances, and such considerations may make the difference between being forced out of business or being allowed to continue. ****************************** ADDENDUM On June 1, 1999, the Los Angeles County Board of Supervisors adopted County Ordinance 99-0039, establishing local requirements for the BodyArt industry. Included in the requirements is a provision which requires the Department to establish specific regulations for the industry. The Department is finalizing the draft regulations and anticipates distributing the document to the industry for comments in the next few weeks. If you would like to review the County Ordinance, a copy can be sent to you, or it is available on the internet at: http://www.bpcnet.com/codes/lacounty/index.htm Body art can be found at: Los Angeles County Code, Title 11, Chapter 11.36 If you have any questions or would like a copy of the Draft Body Art Regulations, please contact : Grainne Ong Yiu gkclarke@dhs.co.la.ca.us (323)881-4123 Los Angeles County Environmental Health 2525 Corporate Place, Suite 150 Monterey Park, CA 91754 Attn: Body Art Program.

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