Tattoo shop pleads case opposing waiver, moving

PROVO — Owners of an Orem tattoo shop don't want to move from their location, which is already operating in a part of the city where a charter school wants to open and operate classes.

But they also oppose a government waiver to a rule that prohibits tattoo shops within 600 feet of schools because it would hamstring their chances of ever being able to sell the shop for a profit in the future.

Quality Tattoo owner Jack Eldredge said the waiver to operate so close to a school probably wouldn't be given to a new owner because the shop would then be considered a new business, and new businesses can't violate the 600-foot rule.

Eldredge made his case Monday before the Utah County Board of Health, which did not take any action on the issue.

The board examined the predicaments of Quality Tattoo and Noah Webster Academy, which is under construction about 400 feet away from the body-art shop.

Quality Tattoo has been in business for three years at 357 S. State. Builders of Noah Webster Academy hope to have the school ready by fall. The back of the tattoo shop is adjacent to Noah Webster.

A 1999 health department rule states that tattoo parlors cannot move near existing schools. It's unclear, however, whether schools can move near existing tattoo shops.

A charter school is a publicly funded school that is governed like a private school.

Deputy Utah County Attorney Paul Wake on Monday told the health board that he's "leaning on the defense the school can relocate within 600 feet."

It's not that Eldredge doesn't agree with the rule that forbids shops like his from locating near a school. In fact, Eldredge was consulted before the rule went onto the books. He just does not know how to solve his particular situation.

Ultimately, the decision falls in the lap of the Utah County Health Department staff and director. Appeals can be made to the county's board of health.

Children under 18 cannot get tattoos unless accompanied by parents and have the permission of a physician. The provision of 600 feet between a school and tattoo parlor was created because "you don't want kids seeing the business or interested in getting tattoos," said Dr. Joseph Miner, director of the county health department.

The builders of Noah Webster, a charter school for children in kindergarten through sixth grades, also made their case before the health board.