Are tattoo shops “predatory” or sexually oriented businesses? The Heber City Planning Commission doesn’t think so. Tattoo shops — with one exception — were banned in 2022 under a code rewrite. Now, they might be allowed again. 

The Planning Commission’s public hearing and unanimous vote in support of a code change Tuesday came after a months-long discussion of why tattoo shops are not allowed to be opened today in commercial and industrial spaces — a conundrum further confused by the fact that there is one tattoo shop already up and running.

It turns out that Trigger Happy Tattoo & Art Co. on 100 S was grandfathered in and received its license in 2017 before a city-wide code rewrite in 2022.

“There was a concern about not wanting a commercial neighborhood to have nothing but tattoo parlors and massage parlors and pawn shops,” City Planner Jacob Roberts said at a March 25 planning commission meeting.

Roberts explained that, in other words, it was the city’s attempt to eliminate SOBs: sexually oriented businesses. Along with tattoo shops, pawn stores, massage parlors, smoke and vape shops and cash stores are all prohibited. 

Commissioners agreed that tattoo shops did not necessarily fall under the realm of sexually oriented businesses defined under state code — adult arcades, adult bookstores, cabarets, theaters, nude model studios and “sexual encounter centers.” 

“It was certainly an attempt to make sure that we have a clean, presentable retail and service area. Did it go too far? Arguably,” Roberts said. “Tattooing and body art facilities don’t fall under the definition of this.”

Tony Kohler, city planning director, said that eliminating the possibility of pawn shops, cash stores and smoke and vape shops reduces the number of “predatory businesses” in the area. Kohler said that there was a concern with cash stores “preying on lower-income people” and encountering “health issues” when it comes to smoke and vape shops. 

The trouble now, Roberts said, is that Heber City does not have any definition of “tattoo.” His recommendation is to include tattooing in what is allowed under the umbrella of body art shops, which also allow services like body piercings and permanent cosmetics. 

Julie Franklin, first addressed the matter at a Feb. 11 Planning Commission meeting with her daughter, Oakley, who hopes to open her own tattoo shop. Oakley explained that there is currently a loophole that allows tattooing as a home occupation. However, she said it would be nearly impossible to register it as an official business because of health department requirements and standards. 

Julie argued that allowing tattoo shops under city code would allow Heber City to regulate those businesses while boosting the local economy in turn. 

“It’s a very profitable industry right now,” Julie said. “For our young people here, that just seems to be the type of art that they want. … It means something to them.” 

This year, a Fortune Business Insights report indicated that the global tattoo market is expected to grow from $2 billion this year to just under $4 billion by 2030. That’s supported by the fact that nearly one-third of American adults have at least one tattoo and 22% have more than one, according to a Pew Research Center poll. 

Yet, Heber City is not the only municipality to bar or heavily restrict tattoo shops. 

Tattoo shops are generally prohibited in Provo, but Roberts said the city is undergoing a code rewrite that could allow body art facilities under “personal services,” which includes hair salons and barber shops.

Lehi permits body art facilities as part of approved personal services business, but only if it does not make up more than 10% of the total business. Body art facilities in Lehi must also operate in a separate area from the rest of the business and only toward the back of the shop. Midway prohibits tattoo shops in all zones.

Payson City, however, is the most lenient. Tattoo shops are allowed under “personal services” permits, which are granted in general, highway and downtown commercial zones. 

At the planning meeting public hearing Tuesday, the commission heard from Heber City residents like Denise Harris who support the change. 

“Sadly, many people have negative connotations regarding body art. If so, that is their choice, but I would love to see more options for it here in Heber for people that do support it,” Harris’ letter to the commission read. 

No commenters during the public hearing opposed the change to incorporate tattooing into what is allowed under body art facility codes. The commission unanimously approved the change, and their recommendation will be passed on to the Heber City Council, which will have the final say.