City Council adopts regulations for tattoo parlors

Photo by Tony Alter/Creative Commons License

DOWNEY — The Downey City Council unanimously approved standards for tattoo parlors within the city last week, albeit begrudgingly.

Due to a 2010 decision made by the Ninth Circuit Court, tattooing is considered to be an artistic form of expression protected under the First Amendment. As such, any zoning ordinances prohibiting tattoo parlors are considered unconstitutional.

While Downey’s municipal code does not specifically prohibit tattoo parlors, it is also not listed within the zoning code. According to the commercial land use table of the zoning code, if a use is not listed, it is not permitted.

The new amendments to the zoning code will allow for tattoo establishments to operate in commercial areas, but not residential. They will be held to sterilization, sanitation, and safety standards put forth already by regulating agencies such as OSHA, the CDC, and the California Health and Safety Code.

Parlors will require a valid public health permit from Los Angeles County and signage indicating ages 18 years or older.

According to staff, there are currently at least two parties interested in opening a tattoo shop in the city.

It became clear quickly that some on the council were not thrilled with the prospect of tattoo parlors entering the city.

“When I was running, I met this lady who said, ‘I want you to know that in Downey, we don’t do the ‘Three P’s’...We don’t do pot, porn, or pawn shops,’” said Councilman Mario Trujillo. “We used to not do tattoo shops, but now there’s apparently a couple in the city.”

According to city staff, one tattoo establishment has been given a business license already.

While not able to stop tattoo parlors from coming into Downey, Councilmembers Claudia M. Frometa and Trujillo both expressed a desire to see if they could limit the number established or regulate their locations, directing City Attorney Yvette Abich Garcia to research the matters and report back at a later date.