DEPARTMENT OF PLANNING Jefferson Parish, Louisiana

DEPARTMENT OF PLANNING Jefferson Parish, Louisiana TEXT STUDY REPORT Tattoo Parlors DOCKET NO. TXT-2-17 SUMMARY NO. COUNCIL DISTRICT: Parish-wide COUNCIL AT LARGE: A: Christopher L. Roberts B: Cynthia Lee-Sheng ADVERTISING DATES: PAB PUBLIC HEARING: COUNCIL HEARING: LAST MEETING DATE FOR COUNCIL ACTION: 3-15-2017 3-22-2017 3-29-2017 4-6-2017 7-26-2017 STUDY REQUEST: A text amendment of Chapter 20 Offenses and Miscellaneous Provisions, Chapter 33 Unified Development Code, and Chapter 40 Zoning of the Code of Ordinances of the Parish of Jefferson to update the definition, standards, and criteria related to tattoo parlors as a permitted use, and provide for related matters; as authorized by Council Resolution No. 127647, adopted August 10, 2016. EXECUTIVE SUMMARY: 1. Over 30 years ago, Jefferson Parish developed regulations regarding tattoo parlors, and since 1985, there has been significant advancement in health and safety standards and growth in the popularity of tattooing. Between 2003 and 2016, the percent of all Americans with at least one tattoo increased from 16 percent to 29 percent. Nearly half of Americans aged 18-35 years and over a third aged 36-50 years have at least one tattoo. There has also been growth in cosmetic tattooing and permanent makeup. 2. As tattooing has become more mainstream, perceptions about the clientele that tattoo parlors attract and beliefs that they are associated with neighborhood deterioration, gang affiliation, and an increase in crime have also changed. According to the Jefferson Parish Sheriff s Office Crime Tracker, only two incidents of disturbing the peace were reported since August 2016 on the same block with an existing tattoo parlor in Jefferson Parish. 3. Another concern associated with tattoo parlors is blood transmission. Because tattoo parlors raise medical and hygiene concerns, strict licensing and operating regulations are often similar to those for clinics 4. Similar to states across the country, the Louisiana Department of Health (LDH) regulates commercial body art, the contemporary term for tattoo parlors, which includes tattooing, cosmetic tattooing, body piercing, branding, and scarification. For each commercial body art facility, the State requires that the facility owner, manager, and each operator obtain a certificate of registration, renewed annually, and follow strict facility and practice standards that address sanitary conditions, consent forms for appropriate clientele, and training in CPR, first aid, blood borne pathogens and disease transmission prevention. 5. Since 1985, Jefferson Parish has regulated tattoo parlors as an Adult Use, along with adult establishments, adult cabarets, massage parlors, and adult motion picture theaters. Adult uses are permitted in the C-2, M-1, M-2, M-3, U-1R, MUCD, and OW-1 districts with minimum separation distances. 6. Many cities and parishes in Louisiana and the United States do not classify a tattoo parlor as an Adult Use. In fact, some cities, such as Lafayette and Scottsdale, classify tattoo parlors as a personal care service, along with depilatory or electrolysis (i.e. hair removal) salons, permanent makeup salons, ear piercing services, tanning salons, tattoo parlors, nonmedical Printed: March 28, 2017 Planning Department Page 1 of 13

DOCKET NO.: TXT-2-17 diet and weight reducing centers. This classification is consistent with the North American Industry Classification System (NAICS), a national standard. 7. The Planning Department recommends removing tattoo parlors from the adult use classification and making it a new classification called Commercial Body Art Facility, consistent with the NAICS, cities and parishes in Louisiana, and multiple cities and counties across the country. 8. Commercial body art facilities have land use characteristics and impacts similar to other personal care services. The Planning Department recommends allowing commercial body art facilities in the same zoning districts as other personal care services: C-2, OW-1, M-1, M-2, U-1R, MUCD, GO-1, BC-1, C-1, BC-2, FC-1, FC-3, and U-1S. 9. Currently, as an adult use, tattoo parlors must meet a minimum separation distance of 1,000 feet between any two adult uses, from the closest property line of a sensitive use, and from a residential district or dwelling in order to operate in the C-2, OW-1, M-1, M-2, M-3, and MUCD zoning districts. 10. Many jurisdictions have no minimum separation distances. Some cities have eliminated their minimum separation distances for tattoo parlors because of the lack of secondary effects like increased crime attributed to tattoo parlors located in their regions. 11. The Planning Department recommends not requiring any minimum separation distances for commercial body art facilities. Consistent with personal care services, minimum separation distances are not necessary for commercial body art facilities. 12. In determining that tattooing is a form of first amendment expression and cannot be banned, the U.S. 9 th Circuit Court of Appeals in Anderson v. City of Hermosa Beach (2010) stated that the City of Hermosa Beach s ban was an unconstitutional overreaction to health concerns that can be addressed through regulations to ensure sanitation. Similarly, continuing to treat tattooing as an adult use is an overreaction given the advances and growth in this increasingly mainstream business. PLANNING DEPARTMENT RECOMMENDATION: (See Specific Amendments, Page 9) That tattoo parlors be regulated as commercial body art facilities and no longer be considered an adult use, through the following ordinance amendments: That Table 33-3.4.3-1 Master Use Matrix be amended to rename and reclassify tattoo parlor as Commercial body art facility with LBCS Function Code 2615. That Section 33-10.1 Definitions be amended to remove tattoo parlor from the definition of adult use and add a definition of commercial body art facility. That Section 40-3. Definitions be amended to remove tattoo parlor from the definition of adult use, delete the definition of tattoo parlor, and add a definition for commercial body art facility. That Section 40-522. Permitted uses be amended to consolidate the Adult Uses as Adult Use and to remove the specific terms Adult Establishment, Adult Cabarets, Massage Parlors, and Tattoo Parlors. That Section. 40-602.(3) Permitted uses be amended to consolidate the Adult Uses to Adult Use and to remove the specific terms Adult Establishment, Adult Cabarets, Massage Parlors, and Tattoo Parlors. That commercial body art facilities be permitted in the GO-1, BC-1, C-1, BC-2, C-2, OW-1, M-1, M-2, U-1R, MUCD, FC-1, FC-3, and U-1S zoning districts, through the following ordinance amendments: That Table 33-3.50-1 Mixed-Use Base Zoning Districts use Matrix be amended to delete the entry for tattoo parlor and add commercial body art facilities in accordance with the Master Use Matrix. That Section 40-322. Permitted uses be amended to add Commercial body art facility to Neighborhood Commercial District C-1. That Section 40-342. Permitted uses be amended to add Commercial body art facility to General Offices District GO-1. That Section 40-402. Permitted uses be amended to add Commercial body art facility to Business Core District BC-1. Printed: March 28, 2017 Planning Department Page 2 of 13

DOCKET NO.: TXT-2-17 That Section 40-422. Permitted uses be amended to add Commercial body art facility to Business Core District BC-2. PLANNING ADVISORY BOARD RECOMMENDATION: ANALYSIS: Study Methodology The goal of the study was to determine if tattoo parlors should continue to be considered an adult use and if the current standards and criteria for tattoo parlors should be amended. The Planning Department reviewed general trends in the regulation of tattoo parlors throughout the United States; general trends in classifying tattoo parlors under adult use; tattoo parlor definitions and permanent facility separation distances and standards; and the existing regulatory framework for tattoo parlors in Jefferson Parish. In order to gather background information on national trends regarding the tattoo industry, the Planning Department reviewed a 2010 publication from the American Planning Association 1, a 2016 Harris Poll publication 2, and a 2014 review from the Huffington Post 3. The Department identified current tattoo parlors in Jefferson Parish by using Google, Yelp, and the White Pages and also researched forty-four cities, counties, and states in order to gain an understanding of current definitions and regulations for tattoo shops. The cities, counties, and states were chosen for their close proximity, similar development pattern, and/or population size. The Department used Municode for cities and counties, the Louisiana Department of Health, and the 2017 North American Industry Classification System (NAICS) to generate a median guideline for the regulatory framework of tattoo parlors. Previous Studies Prior to 1985, tattoo parlors were not specifically addressed in the zoning ordinance. In 1985, the Parish Council adopted Ordinance No. 16414, which amended the zoning regulations to permit adult establishments, adult cabarets, massage parlors, and tattoo parlors in the C-2 General Commercial District, provided certain criteria were met. Those criteria included minimum separation distances of 500 feet from any residential district, 500 feet to another such use, and 1000 feet from certain sensitive uses such as schools and churches. The ordinance also established definitions for adult establishment, adult cabaret, massage parlor, and tattoo parlor. In 2000, the Parish Council adopted Ordinance No. 20911, which amended the zoning regulations to extend the minimum separation distances from residential districts and similar uses from 500 feet to 1,000 feet. It also defined how the separation distances shall be measured. Background and Issues The tattoo industry has experienced a lot of growth in recent years. The industry, which in the past operated on the fringes of society, has evolved into a highly respectable, professional mainstream industry (Preston et al. v. Hallman et al., 2009). According to a report from 2014, it is the sixth fastest-growing retail business in America (Thobo-Carlsen, 2014, p. 1). Television shows, such as Miami Ink, and celebrities from various backgrounds have afforded the opportunity for populations to see how tattoos can be a tool for expressing personal beliefs and individuality. In addition, the growth of social media, such as Facebook and Instagram, has allowed local tattoo artists and conventions to become more popular and expand their businesses (Thobo-Carlsen, 2014). 1 American Planning Association. Regulating Contentious Commercial Uses. Planning Advisory Service Essential Info Pack 02, 2010, pp. 14-88 2 Shannon-Missal, L. Tattoo Takeover: Three in Ten Americans have Tattoos, and Most Don t Stop at Just One. The Harris Poll, 2016, Available at: http://www.theharrispoll.com/health-and-life/tattoo_takeover.html 3 Thobo-Carlsen, M. How Tattoos Went from Subculture to Pop Culture. The Huffington Post, 2014, Available at: http://www.huffingtonpost.com/mik-thobocarlsen/how-tattoos-went-from-sub_b_6053588.html Printed: March 28, 2017 Planning Department Page 3 of 13

DOCKET NO.: TXT-2-17 According to a recent Harris Poll, the percent of Americans with at least one tattoo increased from 16 percent in 2003 to 29 percent in 2016. In 2015, nearly half of people 18-35 years old and over a third of those aged 36-50 had least one tattoo (Shannon-Missal, 2016). Chart 1: Adults with Tattoos, By Generation, 2015 (%) There has also been a growth in the prevalence of cosmetic tattooing and permanent makeup. According to the Founder and Chairman of the American Academy of Micropigmentation (AAM), the number of American cosmetic tattooists has grown 10 percent per year over the past decade (Cosmetics Business, 2016). In the early 1980s, ophthalmologists tattooed patients with alopecia in order to create the look of fuller eyelashes and eyebrows. Today, cosmetic tattooing is used to enhance eyeliner, lipstick, and eyebrows, cover scars, and minimize difficult makeup application for those with poor eyesight or arthritis (Langenhennig, 2011). Despite the growing popularity of tattoos, there are still Source: The Harris Poll (2016) preconceived notions of tattoo establishments stemming from the early 20 th century. Some residents have a preconception of the clientele that tattoo parlors attract and believe that they are associated with neighborhood deterioration, gang affiliation, and an increase in crime (Van Velzer, 2016). According to the Jefferson Parish Sheriff s Office Crime Tracker, only two incidents of disturbing the peace were reported since August 2016 on the same block with an existing tattoo parlor in Jefferson Parish (JPSO, 2017). Another concern associated with tattoo parlors is blood transmission. Because tattoo parlors raise medical and hygiene concerns, strict licensing and operating regulations are often similar to those for clinics (Burke, 1998). A relatively recent lawsuit out of California illustrates the changing regulatory environment concerning tattooing. In 1978, the City of Hermosa Beach banned tattoo parlors. In 2006, a local tattoo artist filed a lawsuit against Hermosa Beach arguing that since the city s zoning code effectively bans tattoo parlors, his right to free expression was violated. This resulted in the 2010 U.S. 9 th Circuit Court of Appeals in Anderson v. City of Hermosa Beach case, determining that tattooing is a form of first amendment expression and cannot be banned. Further, the court stated that the ban was an unconstitutional overreaction to health concerns that can be addressed through regulations to ensure sanitation (Morino & Guenther, 2010). Tattoo Parlors in Jefferson Parish Seven permanent tattoo parlors currently operate in Jefferson Parish: three in the municipalities and four in the unincorporated parish. The parlors located in unincorporated Jefferson Parish are currently operating in the General Commercial District C-2, Industrial District M-3, and Mixeduse Corridor District MUCD. One temporary event, the New Orleans Tattoo Voodoo Expo, is held in Metairie annually in conjunction with Voodoo Festival. It is the oldest and longest-running annual tattoo convention in the United States (New Orleans Tattoo Voodoo Expo, 2017). Regulatory Framework: Tattoo parlors are regulated using licensing and zoning requirements. Licensing The Louisiana Department of Health (LDH) regulates commercial body art, which includes tattooing, cosmetic tattooing, body piercing, branding, and scarification. It does not include basic ear piercing or practices that are considered medical procedures. For each commercial body art facility, the facility owner, manager, and each operator are required to obtain a certificate of registration and renew it annually. The certificate of Printed: March 28, 2017 Planning Department Page 4 of 13

DOCKET NO.: TXT-2-17 registration is not transferable. An inspection of the facility is required for issuance of the certificate, and each facility can be inspected at any time. The LDH has minimum standards for each commercial body art facility and its equipment and practices. Facility standards address the sanitary conditions of the workspace, handwashing sinks, hospital-grade disinfectants, lighting, ventilation, partition walls, and entrances. Equipment standards require stainless steel tools, single-use towels, sterilization and biohazard waste bags, commercially purchased inks, dyes, and pigments, pre-sterilized needle/tube packs, and approved equipment for cleaning, operating, and sterilizing instruments. Practice standards include consent forms, medical history disclosure, precautionary signage, photographs for corrective procedures, record retention, consent and proper identification of a parent or legal guardian of any persons under 18 years of age, and prohibiting service to a patron who appears intoxicated or under the influence of drugs or is afflicted with an infectious or communicable disease. The LDH also has minimum standards for hand washing and protective gloves, preparation and aftercare of treatment area on client, cleaning methods prior to sterilization, instrument sterilization standards, approved sterilization modes, waste receptacles, linens, clean instruments and product storage, chemical storage, and handling disposable materials. The LDH requires operator training, including current certificates in CPR, first aid, blood borne pathogens, and disease transmission prevention. Zoning- Land Use: Existing Jefferson Parish Framework Jefferson Parish regulates tattoo parlors as an Adult Use. Sections 33-10.1 and 40-3. define adult use as any establishment consisting of, including, or having the characteristics of any of the following: adult establishment, adult cabaret, massage parlor, tattoo parlor, or adult motion picture theater. Adult uses are permitted in the General Commercial District C-2, Industrial Districts M-1, M-2, and M-3, Unrestricted Rural District U-1R, Office-Warehouse District OW-1, and Mixed Use Corridor District MUCD. Community Comparison There are many cities and parishes in Louisiana and the United States that do not list tattoo parlors under Adult Use. In fact, some cities, such as Lafayette and Scottsdale, list tattoo parlors under Personal Care services. Table 1: Tattoo Parlor Classification By Location Notes N= Not Listed under Adult Location Use (Louisiana) P= Listed under Personal Care Services R= Retail sales & services Location Notes N= Not Listed under Adult Use P= Listed under Personal Care Services R= Retail sales & services Alexandria N Asheville, NC N Baton Rouge N Atlanta, GA N Covington N Birmingham, AL N Gonzales P Charlotte, NC N Hammond N Memphis, TN R Lafayette P Nashville, TN N Monroe N New Castle County, DE N New Orleans N Raleigh, NC P Shreveport N Rockville, MD P St. Tammany Parish N Scottsdale, AZ P Printed: March 28, 2017 Planning Department Page 5 of 13

DOCKET NO.: TXT-2-17 NAICS also lists tattoo parlors as Other Personal Care Services (812199), which includes depilatory or electrolysis (i.e. hair removal) salons, permanent makeup salons, ear piercing services, tanning salons, tattoo parlors, and nonmedical diet and weight reducing centers (NAICS, 2016). Use Categories The Planning Department recommends removing tattoo parlors from the adult use classification and including it with a new classification called Commercial Body Art Facility. This would make the regulation of tattoo parlors more consistent with NAICS, cities and parishes in Louisiana, and multiple cities and counties across the country. The Master Use Matrix (Sec. 33-3.4.3-1) would be amended to add Commercial Body Art Facility as LBCS Function Code 2615, grouped with other personal care services, and to delete tattoo parlors from the adult use group. Amending the term and definition used for tattoo parlors is also necessary. The LDH defines commercial body art as the practice of physical body adornment by registered establishments and operators utilizing, but not limited to, the following techniques: tattooing, cosmetic tattooing, body piercing, branding and scarification. This definition does not include practices that are considered medical procedures by a state Table 2. Recommended LBCS Classification LBCS Classification Function Code Personal Care 2610 Hair, nail, cosmetic skin care 2612 Diet & weight reducing 2612 Tanning salon 2614 Commercial body art facility 2615 Depilatory or electrolysis, ear 2616 piercing Adult Use 2650 Massage Parlor 2651 Tattoo Parlor 2652 Adult Establishment 2653 Adult Cabaret 2654 medical board, such as implants under the skin, and shall not be performed in a commercial body art facility. This definition does not include the piercing of the lobe of the ear using pre-sterilized single use stud and clasp ear piercing system (Title 51 Part XXVIII. 101.). The proposed definitions create consistency with the LDH, which is important due to its strict operating and facility standards, and also includes body piercing and other forms of physical body adornment. Recommended Definitions: Adult Use shall mean any establishment consisting of, including, or having the characteristics of any of the following: adult establishment, adult cabaret, massage parlor, tattoo parlor, or adult motion picture theater. Commercial Body Art Facility shall mean any licensed place or establishment which is operated for the purpose of physical body adornment, including but not limited to tattooing, cosmetic tattooing, body piercing, branding, and scarification. This does not include piercing an ear with a disposable, single use stud or solid needle that is applied using a mechanical device to force the needle or stud through the ear. Tattoo parlors shall mean any place or establishment which is operated for the principal business or primary purpose of marking the skin with indelible pigment or other such substance so as to produce a permanent design, mark or similar feature on the skin. Zoning Districts Because tattoo parlors have land use characteristics most similar to personal care services, the Planning Department recommends permitting tattoo parlors in the same zoning districts as other personal care services. Table 3 shows the zoning districts- except those where tattoo parlors are currently permitted- that permit personal care services and retail establishments. Printed: March 28, 2017 Planning Department Page 6 of 13

DOCKET NO.: TXT-2-17 Table 3. Zoning Districts Permitting Personal Care Services and Retail Establishments LBCS Classification LBCS Function GO-1 BC-1 C-1 BC-2 FC-1 FC-3 U-1S Code Personal Care 2610 Hair, nail, and cosmetic skin care 2611 P P P P P P P Dieting and weight 2612 P P P P P P P reducing Tanning Salon * 2614 P P P P P P P Depilatory or electrolysis, hair weaving, ear piercing 2616 P P P P P P P Clinic 6511 P P P P P P P Retail P P P establishments specialty P = Permitted ; * without Adult Use P Within office building P within office building P general, 25,000 ft 2 P within office building General Offices District GO-1 is used to serve employees in the district with commercial uses. Permitted uses include beauty and barber shops, tanning salons, clinics, medical, dental, chiropractic, massage therapy, and restaurants, retail and service facilities within an office building containing at least twenty thousand (20,000) square feet of floor area devoted to office uses without exterior entrances. Business Core Districts BC-1 and BC-2 provide space for retail and services uses and aim to represent an environment with diverse choices for living. Permitted uses include beauty and barber shops, tanning salons, clinics, amusement enterprise, and retail stores. Neighborhood Commercial District C-1 is used primarily for the provision and retailing of goods, including barber and beauty shops, clinics, tanning salons, massage therapy, and general retail stores no larger than 25,000 square feet. Fat City Pedestrian-Core District FC-1 and Fat City Commercial Mixed Use District FC-3 call for a variety of non-residential uses in walkable neighborhoods. Permitted uses include beauty and barber shops, tanning salons, diet and weight reducing, clinics, and retail establishments. Unrestricted Suburban District U-1S encourages patterns of development that provide a full range of business choices and economic development activities that will strengthen the employment opportunities. Industrial District M-3 is intended for industrial and related activities that produce unsuitable conditions for residential, retail, and typical office uses. Because tattoo parlors operate similar to hair, nail, and tanning salons, this district would not be appropriate for commercial body art facilities. Removing commercial body art facilities from Industrial District M-3 makes zoning more consistent with similar businesses, such as beauty and barber salons. Recommended Zoning Districts: Continue permitting in Districts C-2, OW-1, M-1, M-2, U-1R, and MUCD Add permitting in Districts GO-1, BC-1, C-1, BC-2, FC-1, FC-3, and U-1S Remove permitting in District M-3 Zoning- Standards: Existing Jefferson Parish Framework Tattoo parlors, as an adult use, must meet the following criteria in order to operate in the zoning districts C-2, OW-1, M-1, M-2, M-3, U-1R, and MUCD: a. The distance between any adult use and any residential district or dwelling, shall be a minimum of one thousand (1,000) feet, measured in a straight line, without regard to Printed: March 28, 2017 Planning Department Page 7 of 13

DOCKET NO.: TXT-2-17 intervening structures, from the closest exterior structural wall of the adult use to the closest property line of the residential district or dwelling, whichever is greater. b. The distance between any two (2) adult uses shall be one thousand (1,000) feet, measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business. c. The distance between any adult use and any existing school, child care center, church or place of worship, park or recreational area, public library, museum, or community center, shall be a minimum of one thousand (1,000) feet, measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of the adult use to the closest property line of the school, child care center, church or place of worship, park or recreational area, public library, museum, or community center. d. The use shall comply with Chapter 20, Offenses and Miscellaneous Provisions of the Jefferson Parish Code of Ordinances and all necessary state and parish licenses and/or permits are obtained or applied for by the applicant. Tattoo parlors, along with general businesses and commercial or personal service establishments, must provide the following for off street parking: a. One (1) space for each two hundred (200) square feet of gross floor area. Community Comparison The minimum separation distances and criteria for tattoo parlors vary among cities across the country. Table 4 shows that jurisdictions that classify tattoo parlors as a Personal Care Services use have no minimum separation distances, while other jurisdictions may require a minimum distance between one or two categories of uses. Table 4. Minimum Separation Distances for Tattoo Parlors, in Feet Location Use Similar Alcohol Residence (D, PL) Sensitive Use Category Use Jefferson Parish. LA A 1,000-1,000 (D, PL) 1,000 Alexandria, LA N - - - - Asheville, NC N - - - - Atlanta, GA N - 300 - - Baton Rouge, LA N - - - - Birmingham, AL N - - - - Charlotte, NC N 400 - - - Gonzales, LA P - - - - Lafayette City-Parish, LA P - - - - Memphis, TN R - - - - Monroe, LA N - - - - New Castle County, DE N - - - - New Orleans, LA* N - - - - Raleigh, NC P - - - - Rockville, MD P - - - - Scottsdale, AZ P - - - - Use Category: A- Adult Use, N- Not listed as an Adult Use, P- Personal Care Services, R- Retail Sales and Services Residence: D-District, PL- Property Line *not permitted on Bourbon Street between St. Ann and Canal streets or St. Charles Overlay Some cities have eliminated their minimum separation distances for tattoo parlors due to the fact that there have not been any secondary effects attributed to tattoo parlors located in their regions. In January 2016, the city of Virginia Beach eliminated its 600 foot residential and school separation distance. City Council was comfortable relaxing its restrictions due to the lack of operating or secondary effect issues among existing parlors (Sidersky, 2016). In November 2016, the city of Norfolk, Virginia eliminated its minimum residential and similar use separation distances and restrictions for tattoo parlors in certain commercial districts. A Norfolk Councilmember stated [tattoo parlors] are highly regulated by the state, and I don t think we should continue to look at them in the same way as we used to (Sauers, 2016, p. 1). In January 2017, an item was introduced to the City of Covington, Louisiana City Council proposing to eliminate the 1,000 foot sensitive use separation distance. It has the support of the Mayor of Covington but is pending before the Council (Chatelain, 2017). Printed: March 28, 2017 Planning Department Page 8 of 13

DOCKET NO.: TXT-2-17 Proposed Zoning Standards: The Planning Department recommends not requiring any minimum separation distances for commercial body art facilities. While a minimum separation distance is appropriate for adult uses, it is no longer appropriate for tattoo parlors given the mainstream nature of the business, including insignificant crime. Further, commercial body art facilities are most similar to personal care services which do not require any minimum separation distances. Many communities treat them as personal care services and some cities are eliminating separation distances to reflect this land use approach. CONSISTENCY WITH THE COMPREHENSIVE PLAN: The Comprehensive Plan provides a guide for policy decisions regarding physical growth and development in Jefferson Parish. A key implementation task is to modify development regulations to bring them up to date. The definition of tattoo parlors has not been updated since 1985, and the regulations have not been updated since 2000. Creating a new classification of commercial body art facilities and regulating them as a Personal Care Service provides an opportunity for the Parish to amend and update an antiquated classification and associated regulations, which is consistent with the Comprehensive Plan. CONCLUSION: Tattoo parlors operate and provide services more closely related to hair, nail, cosmetics, and tanning salons rather than to adult uses. Removing tattoo parlors from adult use and classifying it as a personal care service creates consistency with NAICS and the Louisiana Department of Health (LDH) and aligns Jefferson Parish with over ten Louisiana cities and parishes and many cities and counties throughout the country. With commercial body art classified as a personal care service, it should be permitted in the same zoning districts as other personal care services. Jurisdictions across the country have decreased their minimum separation distances for tattoo parlors, partly due to the lack of significant incidents associated with tattoo parlors, and because similar businesses such as hair, nail, and tanning salons, clinics, and retail establishments do not require minimum separation distances. Not requiring minimum separation distances for commercial body art facilities will create consistency with similar uses and reflects the more current mainstream nature of this personal care business. AMENDED ORDINANCE: The Planning Department recommends the following changes to Chapters 33 and 40: 1. That Table 33-3.4.3-1 Master Use Matrix be amended to delete the entry for tattoo parlors and add commercial body art facility, read as follows: LBCS Classification LBCS Function Code LBCS Structure Code Description Tanning salon 2614 Commercial body art facility 2615 See definition in Article 10 Definitions of this UDC depilatory or electrolysis (i.e., hair removal), hair weaving or replacement (except by offices of physicians), ear piercing 2616 Printed: March 28, 2017 Planning Department Page 9 of 13

DOCKET NO.: TXT-2-17 LBCS Classification LBCS Function Code massage parlor 2651 Tattoo parlor 2652 LBCS Structure Code Description adult establishment 2653 2. That Table 33-3.50-1 Mixed-Use Base Zoning Districts Use Matrix be amended to delete the entry for tattoo parlor and add commercial body art facility, to read as follows: LBCS Classification LBCS Function Code LBCS Structure Code OBM- 1 33-3.51 OBM -2 33-3.52 FC-1 33-3.53 FC-2 33-3.54 FC-3 33-3.55 U- 1S 33-3.58 U-1R (reserved) Tanning salon 2614 P P P X P P Commercial body art facility depilatory or electrolysis (i.e., hair removal), hair weaving or replacement (except by offices of physicians), ear piercing 2615 X X P X P P 2616 P P P P P P massage parlor 2651 X X X X X X tattoo parlor 2652 X X X X X X adult establishment 2653 X X X X X X 3. That Section 33-10.1 Definitions be amended to remove tattoo parlor from the definition of adult use and add definitions of commercial body art facility and tattoo parlors, to read as follows: Adult use shall mean any establishment consisting of, including, or having the characteristics of any of the following: Adult Establishment, Adult Cabaret, Massage Parlor, Tattoo Parlor, or Adult Motion Picture Theater. Club shall mean buildings and facilities owned and operated by a corporation, association, person or persons for social, educational or recreational purpose, but not primarily for profit or to render a service which is normally carried on as a business. The definition of club shall include LBCS Function Codes 5340 and 6830. Commercial Body Art Facility shall mean any licensed place or establishment which is operated for the purpose of physical body adornment, including but not limited to tattooing, cosmetic tattooing, body piercing, branding, and scarification. This does not Printed: March 28, 2017 Planning Department Page 10 of 13

DOCKET NO.: TXT-2-17 include piercing an ear with a disposable, single use stud or solid needle that is applied using a mechanical device to force the needle or stud through the ear. Comprehensive Plan shall mean a comprehensive long-range plan intended to guide the growth and development of unincorporated Jefferson Parish, and containing goals, objectives and policies for elements including, but not limited to, land use, transportation, housing, community facilities, public works, and economic development, and further described in the Code of Ordinances. The term "Comprehensive Plan" shall include the terms "master plan" and "land use plan." Within this UDC, the comprehensive plan will also be known as the "plan." 4. That Section 40-3. Definitions be amended to remove tattoo parlor from the definition of adult use, delete the definition of tattoo parlor, add a definition for commercial body art facility\: Adult use: Any establishment consisting of, including, or having the characteristics of any of the following: Adult Establishment, Adult Cabaret, Massage Parlor, Tattoo Parlor, or Adult Motion Picture Theater. Club shall mean buildings and facilities owned and operated by a corporation, association, person or persons for social, educational or recreational purpose, but not primarily for profit or to render a service which is normally carried on as a business. Commercial body art facility shall mean any licensed place or establishment which is operated for the purpose of physical body adornment, including but not limited to tattooing, cosmetic tattooing, body piercing, branding, and scarification. This does not include piercing an ear with a disposable, single use stud or solid needle that is applied using a mechanical device to force the needle or stud through the ear. Composting facility shall mean a facility where organic matter is processed by natural or mechanical means to aid the microbial decomposition of the organic matter. Composting facility as defined in this section shall not include small-scale residential composting for use by the resident. Tailor shall mean a person whose occupation is primarily the custom designing and making of clothes. [02-02-11] Tattoo parlors shall mean any place or establishment which is operated for the principal business or primary purpose of marking the skin with indelible pigment or other such substance so as to produce a permanent design, mark or similar feature on the skin. Tenant dwelling shall mean a residential structure located on a bonafide farm and occupied by a non-transient farm worker employed by the farm owner for work on the farm. 5. That Section 40-322. C-1 Permitted uses be amended to add Commercial body art facility in the appropriate alphabetical location and renumber all subsequent uses accordingly, to read as follows: (10) Clubs and lodges. (11) Commercial body art facilities. (11) (12) Copying service. Printed: March 28, 2017 Planning Department Page 11 of 13

DOCKET NO.: TXT-2-17 6. That Section 40-342. GO-1 Permitted uses be amended to add Commercial body art facility in the appropriate alphabetical location and renumber all subsequent uses accordingly, to read as follows: (4) Clinic, medical, dental, chiropractic, or an establishment operated by a massage therapist both of which are licensed and registered pursuant to LSA R.S. 37L3551 et seq. (5) Commercial body art facilities. (5)(6) Data processing center. 7. That Section 40-402. BC-1 Permitted uses be amended to add Commercial body art facility in the appropriate alphabetical location and renumber all subsequent uses accordingly, to read as follows: (8) Clinics, but not to include chemical dependency units. (9) Commercial body art facilities. (9) (10) Copying service. 8. That Section 40-422. BC-2 Permitted uses be amended to add Commercial body art facility in the appropriate alphabetical location and renumber all subsequent uses accordingly, to read as follows: (12) Clinics, but not to include chemical dependency units. (13) Commercial body art facilities. (13) (14) Copying service. 9. That Section 40-522. C-2 Permitted uses be amended to consolidate the adults to Adult Use and to remove the specific terms Adult Establishment, Adult Cabarets, Massage Parlors, and Tattoo Parlors, to read as follows: (2) Adult Uses as defined in this chapter, Adult establishment. Adult Cabarets, Massage Parlors, and Tattoo Parlors provided the following criteria are met: 10. That Section. 40-602 (3). M-3 Permitted uses be amended to consolidate the adult uses to Adult Use and to remove the specific terms Adult Establishment, Adult Cabarets, Massage Parlors, and Tattoo Parlors, to read as follows: p. Adult Uses as defined in this chapter, Adult Establishment, Adult Cabarets,Massage Parlors, and Tattoo Parlors with criteria listed in Article XXVIII. General Commercial District C-2, Sec 40-522(2). Printed: March 28, 2017 Planning Department Page 12 of 13

DOCKET NO.: TXT-2-17 REFERENCES Burke, C. (1998, April). Zoning Gets Under Your Skin. American Planning Association, pp. 1-2. Chatelain, K. (2017, January 27). Covington moves to ease restrictions on tattoo parlors. Retrieved January 2017, from The Times-Picayune: http://www.nola.com/politics/index.ssf/2017/01/covington_moves_to_ease_restri.html Cosmetics Business. (2016, January 20). Can cosmetic tattooing enhance the make-up industry? Retrieved January 2017, from Cosmetics Business: https://www.cosmeticsbusiness.com/technical/article_page/can_cosmetic_tattooing_enha nce_the_makeup_industry/114962 JPSO. (2017, January). Crime Tracker. Retrieved January 2017, from Jefferson Parish Sheriff's Office: https://www.jpso.com/189/crime-tracker Langenhennig, S. (2011, July 13). Cosmetic tattooing gives new meaning to the idea of longlasting makeup. Retrieved December 2016, from The Times-Picayune: http://www.nola.com/fashion/index.ssf/2011/07/cosmetic_tattooing_gives_new_m.html Morino, D., & Guenther, J. (2010, September 9). Federal court declares Hermosa Beach tattoo parlor ban unconstitutional. Retrieved December 2016, from Daily Bulletin News: http://www.dailybulletin.com/article/zz/20100909/news/100908259 NAICS. (2016, August 17). North American Industry Classification System (NAICS). Retrieved December 2016, from U.S. Census Bureau: https://www.census.gov/cgibin/sssd/naics/naicsrch?code=81219&search=2012%20naics%20search New Orleans Tattoo Voodoo Expo. (2017). Facebook. Retrieved December 2016, from Tattoo Voodoo Expo- New Orleans: https://www.facebook.com/tattooexponeworleans/ Preston et al. v. Hallman et al., CV 2007-020537 (Arizona Supreme Court, Maricopa City 2009). Sauers, E. (2016, November 23). Norfolk loosens up restrictions on where tattoo parlors can operate. Retrieved January 2017, from The Virginian-Pilot: http://pilotonline.com/business/consumer/norfolk-loosens-up-restrictions-on-wheretattoo-parlors-can-operate/article_fe523831-4ce9-55b1-a251-59143dfff097.html Shannon-Missal, L. (2016, February 10). Tattoo Takeover: Three in Ten Americans Have Tattoos, and Most Don't Stop at Just One. Retrieved January 2017, from The Harris Poll: http://www.theharrispoll.com/health-and-life/tattoo_takeover.html Sidersky, R. (2016, April 1). Virginia Beach loosens its grip on tattoo parlors. Retrieved January 2017, from The Virginian-Pilot: http://pilotonline.com/news/local/virginia-beachloosens-its-grip-on-tattoo-parlors/article_a78b1aba-f04b-58fe-b5b7-eadbfffb2dd3.html Thobo-Carlsen, M. (2014, October 27). How Tattoos Went from Subculture to Pop Culture. Retrieved December 2016, from The Huffington Post: http://www.huffingtonpost.com/mik-thobocarlsen/how-tattoos-went-fromsub_b_6053588.html Van Velzer, R. (2016, November 5). Delray Beach cities concern of link between tattoo shops and crime in justifying new city law. Retrieved January 2017, from SunSentinel: http://www.sun-sentinel.com/local/palm-beach/fl-delray-tattoo-parlor-policy-20161105- story.html Printed: March 28, 2017 Planning Department Page 13 of 13

TEXT STUDY: TATTOO PARLORS RESOLUTION NO. 127647 Update definitions, standards, and criteria Source: www.downtowntattoosnola.com 1 PAB April 6, 2017 TXT-2-17 Jefferson Parish Planning Department

POPULARITY OF TATTOOING IS INCREASING Source: Harris Poll, 2016 Source: Harris Poll, 2016 The tattoo industry is the sixth fastest-growing retail business in the U.S. 2 PAB April 6, 2017 TXT-2-17 Jefferson Parish Planning Department

OLD PERCEPTIONS ARE MISCONCEPTIONS Misconceptions about: Neighborhood deterioration Gang affiliation Increase in crime In fact: NAICS code (formerly SIC) and many communities classify as personal service Land use characteristics and impacts similar to electrolysis, permanent makeup, ear piercing, tanning, diet businesses in NAICS Since August 2016, only two incidents of disturbing the peace on a block in Jefferson Parish with an existing tattoo parlor (JPSO Crime Tracker) 3 PAB April 6, 2017 TXT-2-17 Jefferson Parish Planning Department

OLD PERCEPTIONS ARE MISCONCEPTIONS Misconceptions about public health: Blood transmission Equipment sterilization Minors In fact, highly regulated by State Dept. of Health: Registration and licensing Facility and practice standards Consent forms for clientele Training in CPR, first aid, blood borne pathogens, and disease transmission prevention 4 PAB April 6, 2017 TXT-2-17 Jefferson Parish Planning Department

SINCE 1985, REGULATED IN JEFFERSON PARISH AS ADULT USE Sec 33-10.1 and Sec. 40-3.: Adult use shall mean any establishment consisting of, including, or having the characteristics of any of the following: Adult Establishment, Adult Cabaret, Massage Parlor, Tattoo Parlor, or Adult Motion Picture Theater. As Adult use: Permitted in C-2, OW-1, M-1, M-2, M-3, U-1R, and MUCD zoning districts Subject to min. 1000 ft. separation from another adult use, school, church, park, library, community or child care center, or residential district or dwelling 5 PAB April 6, 2017 TXT-2-17 Jefferson Parish Planning Department

OTHER COMMUNITIES CLASSIFY MORE APPROPRIATELY 20 jurisdictions surveyed: 14 do not classify as Adult Use Alexandria, LA Baton Rouge, LA Covington, LA Hammond, LA Monroe, LA New Orleans, LA Shreveport, LA St. Tammany Parish, LA Asheville, NC 5 classify as personal care service Gonzales, LA Lafayette, LA 1 classifies as retail sales and service Memphis, TN Raleigh, NC Rockville, MD Atlanta, GA Birmingham, AL Charlotte, NC Nashville, TN New Castle County, DE Scottsdale, AZ 17 have no separation requirement 6 PAB April 6, 2017 TXT-2-17 Jefferson Parish Planning Department

CLASSIFICATION AS ADULT USE NO LONGER APPROPRIATE In 2010, U.S. 9 th Circuit Court of Appeals stated: Tattooing is a form of First Amendment expression and cannot be banned City of Hermosa Beach s ban was an unconstitutional overreaction to health concerns that can be addressed through regulations to ensure sanitation Similarly, continuing to treat tattooing as an adult use is an overreaction given: Advances in regulating health and safety Increasing popularity Maturity as a mainstream business 7 PAB April 6, 2017 TXT-2-17 Jefferson Parish Planning Department

RECOMMENDATION: CLASSIFICATION Remove tattoo parlors from adult use classification Make tattoo parlors a new classification called commercial body art facility Classification LBCS Function Code Personal Care 2610 Hair, nail, cosmetic skin care Diet & weight reducing 2612 2612 Tanning Salon 2614 Commercial Body Art Facility Depilatory or electrolysis, ear piercing 2615 2616 Adult Use 2650 Massage Parlor 2651 Tattoo Parlor 2652 Adult Establishment 2653 Adult Cabaret 2654 8 PAB April 6, 2017 TXT-2-17 Jefferson Parish Planning Department

RECOMMENDATION: ZONING DISTRICTS Continue allowing in C-2, OW-1, M-1, M-2, U-1R, & MUCD Make permitted use in GO-1, BC-1, C-1, BC-2, FC-1, FC-3, & U-1S Source: www.newrosetattoo.com Remove as permitted use in M-3 along Harvey Canal where other personal service uses are not allowed 9 PAB April 6, 2017 TXT-2-17 Jefferson Parish Planning Department

RECOMMENDATION: MINIMUM SEPARATION DISTANCES No requirement for separation distance between commercial body art facilities and sensitive uses, same as other personal service uses Source: www.adamlauricella.com 10 PAB April 6, 2017 TXT-2-17 Jefferson Parish Planning Department

CONCLUSION Regulations for tattoo parlors have been substantially the same for over 30 years Classification as adult use is outdated and no longer appropriate Reclassification as commercial body art facility Creates consistency with similar personal care uses Reflects more current mainstream nature of this business 11 PAB April 6, 2017 TXT-2-17 Jefferson Parish Planning Department