BACKGROUND/DISCUSSION:
Owner Information: Basswood Village Group, LLC
17776 Preston Road, #100
Dallas, Texas 75252
Existing Zoning: Community Commercial
The applicant is requesting that a Massage Therapy and Permanent Makeup/Tattoo use be allowed at 900 N. Blue Mound Road. The property is zoned Community Commercial (CC). The City Zoning Ordinance requires that a “Massage Therapy” may be allowed with a Specific Use Permit (SUP).
The definition of a “Massage Therapy”
Massage therapy establishment. An establishment, unrelated to a sexually oriented business, whose primary purpose is to provide massage therapy to the general public and is licensed in accordance with V.T.C.A., Occupations Code, Ch. 455. Any person engaging in massage therapy services shall be licensed in accordance with chapter 455.
Chapter 455 of the Occupations Code outlines a robust criteria for licensing, education, and enforcement for “Massage Establishment” and “Massage Therapists. I have attached the entire Chapter in your packet for reference.
A “Tattoo Parlor/Body Piercing Studio” is not allowed in any zoning district within the City. A “Cosmetic Tattoo Establishment” use is permitted by right in Community Commercial. Definitions for “Tattoo Parlor/Body Piercing Studio” and “Cosmetic Tattoo Establishment” are provided below:
Cosmetic Tattoo Establishment. An establishment where trained personnel apply microinjections of pigment to the dermal layer of skin such that facial cosmetics are applies on a permanent basis. This does not include a tattoo parlor.
Tattoo Parlor/Body Piercing Studio. An establishment whose principle business activity, either in terms of operation or as held out to the public, is the practice of one or more of the following: (1) placing of designs, letters, figures, symbols, or other marks upon or under the skin of any person, using ink or other substances that result in the permanent coloration of the skin, by means of the use of needles or other instruments designed to contact or puncture the skin; (2) creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration.
Tattooing, Intradermal Cosmetics and Body Piercing all require licensing with the Texas Department of State Health Services. There does not appear to be special education or certifications required as a pre-requisite to the license. The applicant must only attest that the use is permissible under local zoning codes.
Inspections fall under the The Drugs and Medical Devices Group who is responsible for conducting on-site inspections of tattoo and body piercing studios. The inspections ensure that the studios comply with state and local laws and regulations. Some cities in Texas have local ordinances that are more stringent or ban tattooing and body piercing altogether.
The inspection determines whether:
· The building is well maintained and clean
· The artist practices universal precautions to prevent the spread of infection, such as
o Washes hands with a germicidal soap
o Wears clean clothing and single use gloves
o Uses personal protective equipment
o Uses instruments that are either disposable or that are routinely sterilized
o Follows proper handling and disposal of waste
· There are sterilization records showing routine sterilization practices
· The artist prohibits the tattooing or body piercing of minors (unless above mentioned conditions are met)
· The artist prohibits the tattooing or body piercing of persons under the influence of drugs or alcohol
· The tattooist maintains records for each person receiving a tattoo or body piercing
· The tattooist reports any infection or adverse reaction to the Department of State Health Services
The Planning and Zoning Commission considered the item at it's January 12, 2021 meeting. The applicant clarified that the Permanent Makeup/Tattoo Use indicated in the application was not correct. The makeup technique would be similar to micro-blading which is considered semi-permanent.
The Planning and Zoning Commission unanimously recommended that the City Council approve the request for approval of a specific use permit to allow the operation of a massage therapy and semi-permanent makeup tattoo use on property located at 900 N. Blue Bound Road, suites 156, 168, 172.
FINANCIAL IMPACT:
N.A.
RECOMMENDATION:
It is recommended that the City Council approve the request for approval of a specific use permit to allow the operation of a massage therapy and semi-permanent makeup tattoo use on property located at 900 N. Blue Bound Road, suites 156, 168, 172 and adopt Ordinance No. 2021-03