From
Chris Hartmann
Title
TA200202 - Text Amendment - Article 4: Permissible Uses and Article 30: Definitions. Amend the Unified Development Code to create definitions and regulations for tattoo studios and body piercing studios. The applicant is the City of Grand Prairie. (On February 3, 2020, the Planning and Zoning Commission recommended approval of this request by a vote of 7-0).
Presenter
David P. Jones, AICP, Chief City Planner
Recommended Action
Approve
Analysis
In response to recent interest by tattoo studio operators, and at the direction of the City Manager's Office, staff has prepared a draft ordinance updating the city's existing tattoo regulations. Currently, tattoo studios are allowed only by SUP in the industrial districts or in form of permanent cosmectics as an ancillary personal service use.
The proposed ordinance would expand tattoo studios to commercial districts, including the Central Area. In order to prevent proliferation or congregation of these uses, the ordinance would institute distance limitations similar to those put in place for alcoholic beverage service. The ordinance would prohibit loitering, would require all studios to close by midnight, and would require that operators obtain yearly continuing education in sanitary practices and CPR.
The ordinance would also establish procedures for curing violations through a two-step administrative and Council review process. Because the use would only be authorized by SUP, Council would have the ultimate authority to revoke the permit.
These regulations would also apply to body piercing studios, which include any piercing other than ears. Proposed regulations would appear in Articles 11 and 30 of the Unified Development Code and appear in their entirety below:
Tattoo and Body Piercing Studio: A facility licensed under the jurisdiction of the Texas Department of State Health Services, in which one or more artists engage in the practice of producing an indelible mark or figure on the human body by scarring or inserting pigments under the skin using needles, scalpels, or other related equipment or body piercing (i.e., the practice of creating an opening in a person's body, other than the individual's earlobe, to insert jewelry or another decoration). This definition includes establishments engaging in both tattooing and body piercing, or either tattooing or body piercing alone.
SECTION 14 -OPERATION OF TATTOO AND BODY PIERCING STUDIO
11.14.1 All “Tattoo and Body Piercing Studios” (as defined in Article 30 “Tattoo and Body Piercing Studio” and hereinafter referred to both collectively and individually as “Studio”) in the City of Grand Prairie shall operate under the following conditions:
A. A Studio shall operate only with a valid license issued by the Texas Department of State Health Services and subject to inspection by the State Department or its affiliates. Tattoo Studios are also subject to licensure and inspection by the City of Grand Prairie;
B. A Studio shall not be located within 300 feet of a church, school, or residential zoning district, or with 1,000 feet of another Studio, as measured along the property lines of the street fronts and from front door to front door, and in a direct line across intersections;
C. No more than two (2) Studios shall operate at any given time within the CA zoning district;
D. Hours of operation shall not extend beyond midnight;
E. Whenever a Studio is constructed or remodeled so as to require a building permit, or an existing structure is converted in whole or part for use as a Studio, plans and specifications for such construction, remodeling or conversion with the applicable fees shall be submitted to the building official for review and approval in accordance with applicable city rules and regulations before construction, remodeling or conversion is begun. The building official shall approve the plans and specifications if they meet applicable city regulations;
F. The Building Official or their designee will perform an inspection of the Studio prior to the start of operations as a Studio to determine compliance with approved plans and requirements of this article. A City Certificate of Occupancy issued by the Building Official must be obtained prior to the operation of the studio;
G. Annually each permit holder, owner or operator in charge of the studio shall complete eight (8) hours of continuing education on the practice and safety regulations for tattoo and body piercing such as blood-borne pathogens, aseptic techniques, disease control, personal protection, signs of infection and cardio-pulmonary resuscitation (CPR). The permit holder, owner or operator in charge shall complete the required training within twelve (12) months from the date of issuance of the permit. Records of such education and training shall be maintained on site and shall be made available to the City upon request.
H. Violations
1. If the City or State regulatory authority determines that a Studio is in violation of this article or other law, it may notify the studio in writing of the violation and by written order direct the studio to correct the violation within a definite period of time.
2. If the City or State regulatory authority determines that the violation constitutes an imminent and serious threat to the public health or safety, it may order the permit holder to correct the violation immediately or to cease operations to the extent determined necessary to abate the threat until the violation is corrected.
3. In addition to the authority listed above, the City shall be entitled to pursue all other remedies including the issuance of citations for municipal court, initiating procedures to suspend or revoke a Specific Use Permit, or filing a complaint with the Department of State Health Services.
4. The City Attorney may engage in the enforcement of the civil penalty and injunction order of the state law if requested by the Department of State Health Services Commissioner pursuant to Texas Health and Safety Code, Section 146.020, Civil Penalty and Injunction.
J. Suspension of Permits
1. The City may administratively suspend a Specific Use Permit or license issued under provision of this article if it determines that the owner, operator, or person in charge a Studio has:
i. Been convicted twice within any twelve (12) month period for violation of this article;
ii. Failed to comply, within the time specified, with an order to correct or abate an imminent threat to the public health or safety;
iii. Intentionally or knowingly provided false information to the City or State regulatory authority or designee during a lawful inspection; or
iv. Intentionally or knowingly impeded a lawful inspection by the City or State regulatory authority or designee.
2. The City shall suspend the permit for a definite period of time not to exceed twelve (12) months, or until the violations resulting in said suspension have been corrected or abated.
3. Upon receipt of written notice of suspension issued by the City, the permit holder shall immediately cease operation of the facility for which the permit is suspended until the violations resulting in said suspension have been corrected or abated. The notice of suspension must include:
i. The name of the permit holder;
ii. The location or identification of the establishment for which the permit is suspended;
iii. The reason for the suspension; and
iv. A statement informing the establishment of its right to appeal the suspension.
K. Appeals
1. An administrative decision by the City invoking a suspension of a permit is final unless an appeal is filed, in writing, with the Director of Development Services within ten (10) days of the notice of suspension appealing the decision to the Zoning Board of Adjustments and Appeals.
2. The Director of Development Services or designee shall set a time and date for a hearing on the suspension before the Zoning Board of Adjustments and Appeals. The filing of an appeal in accordance with subsection 1 of this section enjoins or stays an action of the City pending a final decision by the Zoning Board.
L. Revocation of Permit
1. Notwithstanding the previous section, if violations have not been corrected within twelve (12) months of the permit being suspended by the City, or if more than two (2) violations of this article occur within a twelve (12) month period, or if one or more violations occurs in three (3) successive years, the City shall issue the holder of the Specific Use Permit a notice of revocation. Notice shall give a time and date of the next available City Council hearing at which the recommendation for revocation will be heard. The applicant will have opportunity to respond in writing or in person at the hearing.
2. The decision of the City Council to revoke shall be final.
RECOMMENDATION:
At its December 17, 2019 meeting, the City Council Development Committee voted unanimously to recommend approval.
At its February 3, 2020 meeting, the Planning and Zoning Commission voted unanimously to recommend approval as presented.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, AMENDING ARTICLE 4, “PERMISSIBLE USES”; ARTICLE 11, “PERFORMANCE STANDARDS”; AND ARTICLE 30, “DEFINITIONS” OF THE UNIFIED DEVELOPMENT CODE, ESTABLISHED BY ORDINANCE NUMBER 4779, PASSED ON NOVEMBER 20, 1990; TO CREATE DEFINITIONS AND REGULATIONS FOR THE OPERATION OF TATTOO STUDIOS AND BODY PIERCING STUDIOS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND TO BECOME EFFECTIVE UPON ITS PASSAGE AND APPROVAL.
WHEREAS, Section 1.11.3.1 of the Unified Development Code of the City of Grand Prairie, Texas states: “Amendments to the text of the Unified Development Code shall be initiated only by action of the City Council or City Council Development Committee directing the City Manager or designee to initiate such a request on behalf of the City, or by the initiative of the City Manager or designee.”, and
WHEREAS, the Office of the City Manager directed staff to initiate the preparation of an ordinance amending the Unified Development Code for submittal to the Planning and Zoning Commission of Grand Prairie, Texas for consideration of a recommendation to the City Council; and
WHEREAS, Notice was given of a public hearing on said amendments to be held by the Planning and Zoning Commission of Grand Prairie, Texas, in the City Hall Plaza Building at 6:30 P.M. on February 3, 2020, such Notice of the time and place of such hearing having been given at least ten (10) days prior to such hearing by publication in the Fort Worth Star Telegram, Fort Worth, Texas, a newspaper of general circulation in such municipality; and
WHEREAS, after consideration of said amendments, the Planning and Zoning Commission of the City of Grand Prairie, Texas voted to recommend to the City Council of Grand Prairie, Texas, that said amendments should be approved since its provisions are in the public interest and will promote the health, safety and welfare of the community; and
WHEREAS, Notice was given of a further public hearing to be held by the City Council of the City of Grand Prairie, Texas, in the City Hall Plaza Building, at 6:30 P.M. on February 18, 2020 to consider the advisability of amending the Code of Ordinances and the Unified Development Code as recommended by the Planning and Zoning Commission, such Notice of the time and place of such hearing having been given at least fifteen (15) days prior to such hearing by publication in the Fort Worth Star Telegram, Fort Worth, Texas, a newspaper of general circulation in such municipality.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS:
SECTION 1
THAT, Article 4, “Permissible Uses” of the Unified Development Code, City of Grand Prairie, Texas, be amended, with proposed additions of text being shown in underlined print, and deleted text being shown with a single line strikethrough:
|
RETAIL AND COMMERCIAL USES |
NAICS CODE |
C |
C-1 |
CA |
HC |
LI |
HI |
|
TATTOO AND BODY PIERCING STUDIO PARLOR (PERMANENT COSMETICS AS AN ACCESSORY USE; See Section 4.7.1) |
812199 See Article 30 |
|
|
S |
S |
S |
S |
SECTION 2
THAT Sections of Article 4 “Permissible Uses” not included in this amendment, shall remain in full force and effect, save and except for necessary modifications to the “Table of Contents” affecting page numbering, and for necessary modifications to related terminology or phrases that have been modified by this amendment that will affect a similar modification to interrelated terminology and phrases cross-referenced in other Articles in the Unified Development Code.
SECTION 3
THAT, Article 11, “Performance Standards” of the Unified Development Code, City of Grand Prairie, Texas, be amended, with proposed additions of text being shown in underlined print, and deleted text being shown with a single line strikethrough:
SECTION 14 -OPERATION OF TATTOO AND BODY PIERCING STUDIO
11.14.1 All “Tattoo and Body Piercing Studios” (as defined in Article 30 “Tattoo and Body Piercing Studio” and hereinafter referred to both collectively and individually as “Studio”) in the City of Grand Prairie shall operate under the following conditions:
A. A Studio shall operate only with a valid license issued by the Texas Department of State Health Services and subject to inspection by the State Department or its affiliates. Tattoo Studios are also subject to licensure and inspection by the City of Grand Prairie;
B. A Studio shall not be located within 300 feet of a church, school, or residential zoning district, or with 1,000 feet of another Studio, as measured along the property lines of the street fronts and from front door to front door, and in a direct line across intersections;
C. No more than two (2) Studios shall operate at any given time within the CA zoning district;
D. Hours of operation shall not extend beyond midnight;
E. Whenever a Studio is constructed or remodeled so as to require a building permit, or an existing structure is converted in whole or part for use as a Studio, plans and specifications for such construction, remodeling or conversion with the applicable fees shall be submitted to the building official for review and approval in accordance with applicable city rules and regulations before construction, remodeling or conversion is begun. The building official shall approve the plans and specifications if they meet applicable city regulations;
F. The Building Official or their designee will perform an inspection of the Studio prior to the start of operations as a Studio to determine compliance with approved plans and requirements of this article. A City Certificate of Occupancy issued by the Building Official must be obtained prior to the operation of the studio;
G. Annually each permit holder, owner or operator in charge of the studio shall complete eight (8) hours of continuing education on the practice and safety regulations for tattoo and body piercing such as blood-borne pathogens, aseptic techniques, disease control, personal protection, signs of infection and cardio-pulmonary resuscitation (CPR). The permit holder, owner or operator in charge shall complete the required training within twelve (12) months from the date of issuance of the permit. Records of such education and training shall be maintained on site and shall be made available to the City upon request.
H. Violations
1. If the City or State regulatory authority determines that a Studio is in violation of this article or other law, it may notify the studio in writing of the violation and by written order direct the studio to correct the violation within a definite period of time.
2. If the City or State regulatory authority determines that the violation constitutes an imminent and serious threat to the public health or safety, it may order the permit holder to correct the violation immediately or to cease operations to the extent determined necessary to abate the threat until the violation is corrected.
3. In addition to the authority listed above, the City shall be entitled to pursue all other remedies including the issuance of citations for municipal court, initiating procedures to suspend or revoke a Specific Use Permit, or filing a complaint with the Department of State Health Services.
4. The City Attorney may engage in the enforcement of the civil penalty and injunction order of the state law if requested by the Department of State Health Services Commissioner pursuant to Texas Health and Safety Code, Section 146.020, Civil Penalty and Injunction.
J. Suspension of Permits
1. The City may administratively suspend a Specific Use Permit or license issued under provision of this article if it determines that the owner, operator, or person in charge a Studio has:
i. Been convicted twice within any twelve (12) month period for violation of this article;
ii. Failed to comply, within the time specified, with an order to correct or abate an imminent threat to the public health or safety;
iii. Intentionally or knowingly provided false information to the City or State regulatory authority or designee during a lawful inspection; or
iv. Intentionally or knowingly impeded a lawful inspection by the City or State regulatory authority or designee.
2. The City shall suspend the permit for a definite period of time not to exceed twelve (12) months, or until the violations resulting in said suspension have been corrected or abated.
3. Upon receipt of written notice of suspension issued by the City, the permit holder shall immediately cease operation of the facility for which the permit is suspended until the violations resulting in said suspension have been corrected or abated. The notice of suspension must include:
i. The name of the permit holder;
ii. The location or identification of the establishment for which the permit is suspended;
iii. The reason for the suspension; and
iv. A statement informing the establishment of its right to appeal the suspension.
K. Appeals
1. An administrative decision by the City invoking a suspension of a permit is final unless an appeal is filed, in writing, with the Director of Development Services within ten (10) days of the notice of suspension appealing the decision to the Zoning Board of Adjustments and Appeals.
2. The Director of Development Services or designee shall set a time and date for a hearing on the suspension before the Zoning Board of Adjustments and Appeals. The filing of an appeal in accordance with subsection 1 of this section enjoins or stays an action of the City pending a final decision by the Zoning Board.
L. Revocation of Permit
1. Notwithstanding the previous section, if violations have not been corrected within twelve (12) months of the permit being suspended by the City, or if more than two (2) violations of this article occur within a twelve (12) month period, or if one or more violations occurs in three (3) successive years, the City shall issue the holder of the Specific Use Permit a notice of revocation. Notice shall give a time and date of the next available City Council hearing at which the recommendation for revocation will be heard. The applicant will have opportunity to respond in writing or in person at the hearing.
2. The decision of the City Council to revoke shall be final.
SECTION 4
THAT Sections of Article 11 “Performance Standards” not included in this amendment, shall remain in full force and effect, save and except for necessary modifications to the “Table of Contents” affecting page numbering, and for necessary modifications to related terminology or phrases that have been modified by this amendment that will affect a similar modification to interrelated terminology and phrases cross-referenced in other Articles in the Unified Development Code.
SECTION 5
THAT, Article 30, “Definitions” of the Unified Development Code, City of Grand Prairie, Texas, be amended, with proposed additions of text being shown in underlined print, and deleted text being shown with a single line strikethrough:
Tattoo and Body Piercing Studio: A facility licensed under the jurisdiction of the Texas Department of State Health Services, in which one or more artists engage in the practice of producing an indelible mark or figure on the human body by scarring or inserting pigments under the skin using needles, scalpels, or other related equipment or body piercing (i.e., the practice of creating an opening in a person's body, other than the individual's earlobe, to insert jewelry or another decoration). This definition includes establishments engaging in both tattooing and body piercing, or either tattooing or body piercing alone.
SECTION 6
THAT Sections of Article 30 “Definitions” not included in this amendment, shall remain in full force and effect, save and except for necessary modifications to the “Table of Contents” affecting page numbering, and for necessary modifications to related terminology or phrases that have been modified by this amendment that will affect a similar modification to interrelated terminology and phrases cross-referenced in other Articles in the Unified Development Code.
SECTION 7
THAT if any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provisions and such holding shall not affect the validity of the remaining portions thereof.
SECTION 8
THAT all of the regulations provided in this ordinance are hereby declared to be governmental and for the health, safety and welfare of the general public. Any member of the City Council or any City official or employee charged with the enforcement of this ordinance, acting for the City of Grand Prairie, Texas, in the discharge of his duties, shall not thereby render himself personally liable; and he is hereby relieved of all personal liability for any damage that might occur to persons or property as a result of any act required or permitted in the discharge of his said duties.
SECTION 9
THAT any person, firm, association of persons, company, corporation, or their agents, servants, or employees violating or failing to comply with any of the provisions of this article shall be fined in an amount not to exceed two thousand dollars ($2,000.00), and each day any violation of noncompliance continues shall constitute a separate and distinct offense. The penalty provided herein shall be cumulative or other remedies provided by state law, and the power of injunction as provided in V.T.C.A. Local Government Code Section 54.016 and as may be amended, may be exercised in enforcing this article whether or not there has been a complaint filed.
SECTION 10
THAT this ordinance shall be in full force and effect from and after its passage, approval and publication.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, THIS THE 18th DAY OF FEBRUARY, 2020.
ORDINANCE NO. 10808-2020
CASE NO. TA200202