CULTURE SHIFT
SCS Council approves new ordinance to update antiquated ‘tattoo parlor’ to ‘body art parlor’
St. Clair Shores approved a new ordinance regulating body art facilities. The ordinance governs facilities like Wonderland Tattoo on Little Mack as well as places like Body Sculpting Spa on Greater Mack which specializes in microblading.
St. Clair Shores has a new ordinance governing tattoo parlors, which are now termed “body art facilities.”
The City Council voted unanimously to repeal the existing Tattoo Establishment Ordinance 19.750 and replace it with the new Body Art Facility Ordinance 19.750.
St. Clair Shores city attorney Robert Ihrie said the need for a new ordinance came to his attention when two body art facilities specializing in microblading came before city council last November for approval. Council voted unanimously to approve both facilities, but Ihrie knew an update to the existing ordinance was necessary.
“Our ordinance was very old and did not factor in that the state of Michigan passed legislation years ago that took over, in large part, the regulation of what we all know as tattoo parlors but are now known as body art facilities,” Ihrie said.
The city’s existing ordinance was penned in 1993 and did not take into account state regulations and oversight put into place in 2010 or amendments regulating microblading, eyebrow embroidery and feather touch that were added in 2018. Microblading is a popular semipermanent technique for enhancing eyebrows by scratching pigment into the skin using fine, short strokes so that the ink resembles hair. The Macomb County Health Department also regulates body art facilities as of 2009.
One of the main differences with the new ordinance: it is no longer a requirement that a body art facility be located more than 1,000 feet from a location where beer or liquor is sold for consumption on the premises.
“You have to look at the mindset at the time the original ordinance was drafted,” Councilman John Caron said. “The concern was that someone was going to go out and get drunk and then go get themselves a tattoo. Nowadays, tattoos are a lifestyle. People look at it as art. It has a totally different mentality, and I think the majority of tattoos are well planned out in terms of people knowing what they are doing ahead of time.”
Councilman Chris Vitale said microblading and similar procedures are helpful to people
“You have to look at the mindset at the time the original ordinance was drafted. The concern was that someone was going to go out and get drunk and then go get themselves a tattoo. Nowadays, tattoos are a lifestyle. People look at is as art.”
— St. Clair Shores City Councilman John Caron
undergoing chemotherapy or experiencing hair loss for any reason in terms of boosting their self esteem and restoring their dignity and pride in their appearance. Vitale requested one amendment to the proposed body art ordinance which was to extend the times such facilities could be open from nine hours to 12 hours. An amendment was added to extend the allowed hours of operation from 11 a.m.-8 p.m. to 8 a.m.-8 p.m.
“I understand the idea of not having all-night tattoo operations, but this ordinance also includes microblading, which is more of a cosmetic procedure,” Vitale said. “I see this as more of a beauty shop issue, and I am sure beauty shops start work before 11 a.m. I think the kind of tattoo experience that we are concerned about is not going to be happening at 8 a.m., but I could certainly see a beauty appointment at that hour.”
Ihrie said with state and county regulations in place, cities and municipalities are not required to have local guidelines.
But Ihrie said having local regulations that mirror state regulations makes them easier to enforce and also allows the city to garner more of the paid fines.
“This ordinance is drafted so we will have the ability on certain things to charge someone under our local ordinance versus state law,” Ihrie said. “Under local law, it allows the city to keep more of the penalty payments and fines than if they were charged under state law. This also allows us to require that these businesses secure a local permit in addition to a state license or permit.”