CITY COUNCIL AGENDA ITEM
ACTION REQUESTED:
title
Waive the first reading and pass the ordinance amending Chapter 7 (Tattooing and Body Piercing) of Title 4 (Health and Sanitation) of the Naperville Municipal Code to modify the definition of body piercing - PZC 24-1-144 (requires 6 positive votes)
body
DEPARTMENT: Transportation, Engineering and Development
SUBMITTED BY: Sara Kopinski, AICP
BOARD/COMMISSION REVIEW:
N/A
BACKGROUND:
Rowan, an earring retailer and piercing studio that uses piercing guns and sterilized needles to pierce ears, is planning to lease a tenant space at 50 S. Main Street, Suite 136. This property is located in Main Street Promenade East and is zoned B4 (Downtown Core District).
Rowan approached the City to confirm the use was permitted downtown. Staff advised that it was not and would be classified as body piercing due to the use of sterilized needles (falling into the City’s larger category of Body Art and regulated by Section 4-7-1 <https://library.municode.com/il/naperville/codes/code_of_ordinances?nodeId=TIT4HESA_CH7BOARTABOPI> of the Naperville Municipal Code). Body art establishments in the B4 zoning district are accommodated only when they are accessory to a permitted beauty shop/salon, health spa without lodging accommodations/massage establishments, and/or medical office/clinic.
Staff recommended that if there was continued interest in a downtown location, Rowan request that City Council consider an amendment to the Naperville Municipal Code to exempt ear piercing with a piercing gun as well as a sterilized needle from the restrictions of Title 4, Health and Sanitation, Chapter 7, Body Art, Tattooing, and Body Piercing of the Naperville Municipal Code. In response, Rowan submitted a letter outlining this request (See attached).
DISCUSSION:
Body Art and Body Piercing History in Naperville
In 1999, a requirement that tattoos and body piercing be performed by a physician or osteopath was added to the Naperville Municipal Code to prevent the spread of communicable diseases. The State of Illinois currently regulates and registers tattoo and body piercing establishments and has disinfection, sterilization and sanitation requirements to prevent the spread of communicable diseases from these activities.
In 2014, the City relaxed the body piercing restrictions to allow ear piercing without a physician. Because piercing establishments are licensed by the State, it was found to also be appropriate to remove the requirement that body piercing be performed by a physician or osteopath.
Existing Regulations
Chapter 7 (Tattooing and Body Piercing) of Title 4 (Health and Sanitation) of the Naperville Municipal Code currently defines Body Art and Body Piercing as follows:
|
BODY ART: |
Art that is made on the human body, including body piercing, artistic and cosmetic tattooing, and permanent makeup. |
|
BODY PIERCING: |
The act of penetrating the skin to make, generally permanent in nature, a hole, mark or scar. Body piercing does not include practices that are considered medical procedures or the puncturing of the outer perimeter or the lobe of the ear using a pre-sterilized, single-use stud and clasp ear piercing system. |
Based on the existing Municipal Code regulations, piercing the ear with a single-use stud and clasp ear piercing system (also known as a piercing gun) is exempt from the restrictions of Title 4, Health and Sanitation, Chapter 7, Body Art, Tattooing, and Body Piercing of the Naperville Municipal Code. This means that ear piercing with a piercing gun is excluded from the definition of body piercing, and such facilities are permitted by right in any commercial zoning district as a retail use (or accessory to a retail use). It should be noted that previously, an ear-piercing establishment was located downtown (Claire’s) and utilized a piercing gun to pierce customers’ ears.
Rowan’s business model utilizes both a piercing gun and sterilized needles, and therefore falls into the category of Body Piercing and Body Art which are regulated by Section 4-7-1 <https://library.municode.com/il/naperville/codes/code_of_ordinances?nodeId=TIT4HESA_CH7BOARTABOPI> of the Naperville Municipal Code. The requested amendment is intended to exempt ear piercing with a piercing gun as well as a sterilized needle from the restrictions of Title 4, Health and Sanitation, Chapter 7, Body Art, Tattooing, and Body Piercing of the Naperville Municipal Code so that Rowan (and similar businesses) could pierce ears as an accessory to a retail business or by right in any commercial zoning district as a retail use.
Proposed Amendment
The proposed ordinance modifies the City’s definition(s) of body piercing and/or body art to exempt ear piercing with a piercing gun as well as a sterilized needle from the restrictions of Title 4, Health and Sanitation, Chapter 7, Body Art, Tattooing, and Body Piercing of the Naperville Municipal Code as follows:
|
BODY PIERCING: |
The act of penetrating the skin to make, generally permanent in nature, a hole, mark or scar. Body piercing does not include practices that are considered medical procedures or the puncturing of the outer perimeter or the lobe of the ear using a pre-sterilized, single-use stud and clasp ear piercing system or a sterilized needle provided that the establishment administering the ear piercing is registered with, and complies with the requirements of, the Illinois Department of Public Health. |
The outcome would be piercing of the ear with a piercing gun or a sterilized needle is not considered Body Piercing or Body Art under the City’s Municipal Code and could be done when accessory to a retail business, or be permitted by right, in any commercial zoning district. As noted above, there was previously an ear-piercing establishment located downtown (Claire’s) that utilized a piercing gun to pierce customers’ ears. Approval of the proposed amendment results in the customer having the ability to have their ears pierced by either a piercing gun or needle.
All other existing restrictions for tattoo and body piercing establishments will remain unchanged.
Staff does not have any concerns with the proposed amendment.
FISCAL IMPACT:
N/A