City Selects 2 Areas for Tattoo Studios

Tattoo parlors now have a place to operate within Hermosa Beach, thanks to a City Council vote Tuesday night. The decision stems from America's highest court ruling to date that addresses tattoos and First Amendment protection.

Council members voted to change the municipal code to permit tattoo and body piercing studios within two zoning areas: the Aviation Boulevard and PCH corridor (known as the C-3 zone) and the Pier Plaza and Hermosa Avenue area (known as the C-2 zone).

Johnny Anderson, who sued the city three years ago for rejecting his request to open a tattoo studio in town, watched as the council deliberated on the matter. 

His lawsuit against Hermosa reached the U.S. 9th Circuit Court of Appeals in September, resulting in a three-judge panel ruling that the city's ban on tattoo parlors is unconstitutional.

Anderson told council members at Tuesday's meeting that the decision before them was monumental for the tattoo industry and the city.

"I grew up at the pier," he said. "Things have changed a lot since there were motorcycles out in front of the Mermaid."

Anderson now has his eyes set on a Pier Plaza location for his future tattoo studio. "I really don't want to be stuck in that small little area of PCH and Aviation," he told the council.

Business owners such as Anderson will have to wait until Dec. 9 before the city's new zoning ordinance will take effect, and a temporary ban on tattoo parlors will continue until then.

Other restrictions that come with the ordinance include a requirement that there must be 1,500 feet between parlors operating along PCH and Aviation Boulevard, and at least 1,000 feet between parlors downtown. Shops will not be allowed to expand their property once established.

The ordinance also limits operating hours to 10 a.m. to 10 p.m., and all shops must maintain Los Angeles County health standards.

Councilman Jeff Duclos added that no animals will be allowed inside tattoo studios unless they are service animals. And no one under 18 years old is permitted to get a tattoo or body piercing without a parent or guardian present.

Before the council agreed on the zoning ordinance, 27-year resident Dency Nelson urged the members to allow tattoo businesses to open in town. He said that he doesn't have any tattoos and doesn't plan on getting any, "but that's really not the point.

"It is a form of expression, and as the courts have decided, it is a right guaranteed," he said. 

But resident Rob Seaman told the council that tattoo parlors should remain in the PCH-Aviation area, and not be allowed near Pier Avenue.

"I kind of feel like we just spent millions of dollars to regenerate downtown Hermosa Beach," he said. "If we're going to have [a tattoo parlor], let's have one, but let's put it where it belongs."

Former Mayor George Barks asked the council to consider extending its temporary ban on tattoo studios in order to look at other options.

He suggested limiting such businesses to the city's manufacturing zone (see accompanying map), or even appealing the 9th Circuit ruling and fighting for the city's longstanding ban on parlors.

During court battles, the city has argued that its ban on tattoo and body piercing studios protects the health of residents, and tattoo artists are not practicing First Amendment rights when applying a tattoo because they are instructed to create whatever a customer asks of them.

But "the City Council concluded that, on balance, continued litigation over this issue is not in the city's best interests," said City Attorney Michael Jenkins in a press statement.

Although none of the council members motioned to consider Barks' recommendation, Councilman Kit Bobko suggested limiting tattoo parlors solely to the PCH-Aviation area, and not including such businesses downtown.

With Pier Avenue recently renovated and the council wary of downtown Hermosa's reputation, "I think [a tattoo studio] is inappropriate and does not match with the quality and type of businesses we've been trying so hard to attract," Bobko said.

The C-2 business zone, which had the council divided on a decision at its last meeting Oct. 12, encompasses lower Pier Avenue and Hermosa Avenue.

But while Councilman Michael DiVirgilio agreed with Bobko, the other council members did not, leaving the city with not one, but two location options for tattoo artists to ink up.

"I'm quite aware of many residents who'd be upset about this municipal code amendment, but I don't believe in City Council taking an action to secure political points," Duclos said. "More than 40 million Americans have tattoos. It's a form of expression as ancient really as man itself."

The City Council will hear a second reading of the city ordinance at its next meeting Nov. 9.