OREM — The Utah County Board of Health and Utah County Attorney's Office are questioning whether a new charter school can open near a tattoo shop.

On Monday, members of the health board and a deputy county attorney will discuss a county law that prohibits body art shops from moving into an area where schools are open and operating.

Such shops must stay 600 feet away from schools, according to the law.

The question is: Does it apply in reverse?

The charter school, Noah Webster Academy, which is still under construction at 205 E. 400 South, wants to move into the same neighborhood as Quality Tattoo and Body Piercing.

While Quality Tattoo has been in business at 357 S. State for three years, the school is scheduled to open in the fall.

The reason for the law prohibiting tattoo shops from opening close to schools is "you don't want kids to have in their environment things you don't want kids to participate in," said Dr. Joseph Miner, health department director.

"We don't want kids to participate in tattooing," he said. "We don't want kids to participate in alcoholic beverages. Therefore, you have laws saying no to drinking establishments, where they sell alcohol (600 feet from a school). We've included that same rule for tattoo establishments for the same reason: You don't want kids to be exposed or show interest in tattoo businesses."

Noah Webster officials are confident that U.S. Charter, the company building the school, will resolve the issue Monday.

The school will have a gated entrance for aesthetics and also for safety from traffic on nearby busy streets, said Sharon Moss, one of the founders of Noah Webster Academy.

When she and other school organizers found the property on 400 South, "we didn't realize it was as close of a proximity" to Quality Tattoo, she said.

Orem planners and city staffers didn't alert them to the issue, either, she said.

"It wasn't an issue until the health department looked at it," she said.

Alyssa Tippetts, an owner of Quality Tattoo, said she will also attend the 4 p.m. health board meeting in room 2500 of the health department, 151 S. University Ave.

Quality Tattoo has been in Utah County for 10 years, most of that time in Springville. Tippets said she assisted in writing the current county law. Now, she's worried her business will be forced to move.

"It's such a hard situation," Tippets said. "We understand the law. We agree with the law. But we can't afford to move."

Deputy County Attorney Paul Wake will interpret the law for the health board — but the health board has the final decision. He said Wednesday afternoon he had not yet reviewed the law.

Also on Monday's health board agenda is a discussion about another charter school scheduled to open in the fall, the Mountainville Academy in Alpine. One of the school's proposed sites is near a dry creek the Federal Emergency Management Agency has designated flood plain, Miner said.

The school's engineers designed the building away from the potential flooded area. Miner said there shouldn't be a problem if the engineers are professionally certified.

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E-mail: lhancock@desnews.com