Tattoo parlors approved throughout town

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Tattoo parlors approved throughout town
October 27, 2010
by Eric Michael Stitt
The Beach Reporter

Like it or not,, tattoo parlors will soon be appearing in Hermosa Beach. The City Council took its first of two giant steps toward allowing tattoo shops to operate throughout town.

At the Oct. 26 council meeting, tattoo artist Johnny Anderson anxiously awaited the outcome of a vote that would allow his dream to come true. With various images of inked artwork peeking over his collar and sneaking out from his suit sleeve, he sat spinning a Styrofoam coffee cup, unknowingly carving a design on the rim with his fingernail, anticipating the historic outcome.

The council voted 3-2 to amend an ordinance that prohibited tattoo businesses from existing in Hermosa Beach. Anderson’s reaction was quiet relief and controlled excitement.

As part of the decision, the majority of councilmen agreed to let tattoo parlors, along with body piercing studios, open in the C zone of pier plaza and Hermosa Avenue along with the C3 zone, which includes Pacific Coast Highway and Aviation Boulevard. The council’s other option was to keep tattoo shops and body piercing studios out of the downtown area.

The approval to allow tattoo businesses in Hermosa Beach comes at the end of a nearly seven-year battle. Recently the Ninth Circuit Court of Appeals ruled in favor of Anderson, who had filed a lawsuit against Hermosa Beach for its ban on tattoo businesses. Three judges said tattoo shops and the artists are to be protected under the First Amendment, forcing the City Council to terminate its prohibition.

The city’s window to appeal to the entire Ninth Circuit Court has closed, but could still push it to the U.S. Supreme Court. However, the council decided to finally give in to a Redondo Beach man who grew up on Hermosa’s pier.

“I very much desire in my heart to be on pier plaza,” Anderson said before the council. “Things have changed a lot since motorcycles were (parked) in front of the Mermaid.”

“It should be something that’s viewed as an enhancement to the city,” said his attorney, Robert Moest, adding there’s no reason to pin such businesses into one particular area, like Pacific Coast Highway.

In fact, Anderson already has his eye on 49 Pier, a second-story business location on the plaza, he said.

Resident Dency Nelson spoke in favor of letting tattoo shops open in the C2 and C3 zones, stating the tattoo world isn’t populated by just bikers and sailors anymore.

“It’s a form of expression,” Nelson said. “This is an opportunity for Hermosa Beach … I don’t think we should be afraid of this bogeyman. I think we can open our arms up.”

Former councilman George Barks disagreed though. He urged the City Council to not amend its ordinance and to continue fighting the legal battle.
Councilman Jeff Duclos’ reaction was a motion to allow tattoo shops and body piercing studios to operate on pier plaza, Hermosa Avenue, PCH and Aviation Boulevard with a 1,500-foot restriction between two shops in the C2 zone and 1,000-foot limit in the C3 zone.

But Councilman Kit Bobko said a tattoo business isn’t consistent with the type of establishments the city is trying to place in downtown. He said adult businesses are protected by the First Amendment too, but the council is still able to dictate where one should be located, stating that Pacific Coast Highway is that place. He said tattoo shops belong on PCH as well.

“I think it’s entirely consistent with the C3 use,” Bobko said. “It doesn’t (fit) with the quality and type of business we’re trying to attract on pier plaza.”

DiVirgilio agreed, but the other three councilmen did not and moved forward with Duclos’ motion.

Mayor Peter Tucker reminded people that the newly renovated upper Pier Avenue will not have tattoo shops because it’s a different zone.

Then the 3-2 vote was made. Anderson, and any other tattoo artists, will now be allowed open a business in Hermosa Beach come December after the new ordinance is adopted.

“I heard I’m not going to win for so long … I’m speechless. It’s a really big day for us. There was a lot of praying,” Anderson said, thanking God. “I look at this as a family business. I’m a family man and I’m really excited to be a part of Hermosa Beach.”

Another tattoo artist, a Hermosa Beach resident, is now eyeing an open spot along Pacific Coast Highway and was also thrilled with the council’s decision.

“I’m stoked,” said a man who goes by the name Rocco. “All I want is to have a tattoo business in the town I live in.”

The City Council will vote to approve the new ordinance, allowing tattoo shops and body piercing studios, at its Nov. 9 meeting. Then a 30-day wait period will take place before the businesses can open their doors Dec. 10 in Hermosa Beach.