Berlin To Study Proposed Tattoo Ordinance Modeled After County’s Law

Berlin To Study Proposed Tattoo Ordinance Modeled After County’s Law
“I don’t want to be sitting up here as a sitting duck … There are some real bad characters out there. We’ve been keeping them at bay for a long damn time,” said Berlin Mayor Gee Williams, pictured with Councilman Dean Burrell. Photo by Charlene Sharpe

BERLIN – Following opposition from the public to proposed tattoo shop regulations, the Berlin Town Council passed a 120-day moratorium to provide time for a committee to put together a less “draconian” ordinance.

On Monday, as officials were set to consider an emergency ordinance to regulate tattoo shops within the town, they instead voted unanimously to approve a 120-day moratorium on the establishment of such shops. That will give a committee of town staff and volunteers time to develop regulations that will suit modern day needs.

Resident Matthew Amey, one of several people who expressed concern about the emergency ordinance, is expected to serve on that committee.

“I’d be happy to help form a concise and precise ordinance that would not only hold up for public scrutiny but would also allow businesses to thrive because in all honesty this industry has been booming for the past two decades,” Amey told the council.

According to municipal officials, the emergency ordinance on the agenda Monday was based on Worcester County’s regulations regarding tattoo shops. Town Administrator Laura Allen said a call from an individual interested in opening a shop offering microblading — a form of cosmetic tattooing — in Berlin illustrated the need to put some sort of tattoo regulations in place.

“The town attorney used the Worcester County ordinance for the basis for the ordinance you have in front of you to ensure there’s something on the town books,” Allen said. “This does not prevent those activities from happening but the ordinance sets the town standards the same as the county standard which is those activities could take place under supervision of a physician or an osteopath.”

Councilman Zack Tyndall was quick to express his concern.

“I fail to see where this is an emergency,” he said. “The legislation we’re using as the basis for our code was enacted in 1985. If we thought it was in fact an emergency for the Town of Berlin I think we should have jumped on that in 1985. Again, in 1999, the Town of Ocean City felt it was an emergency and enacted their ordinance and Berlin still did nothing. I think we’re in 2017 now and there are a lot of things that are outdated in this policy.”

Amey, whose wife operates the Wooden Octopus gallery in Berlin, said he understood that the town needed some sort of regulations but said he could help establish more contemporary ones. He said Worcester County’s overreaching regulations had forced tattoo artists such as himself to set up shop in places like Sussex County.

At the request of Tyndall, Amey also read a letter from his wife, Lisa Tossey, into the record. In it she described the proposed regulations as draconian and encouraged town officials to use community resources such as Amey to develop a more practical ordinance.

Tyndall asked how Amey’s tattoo business had fared during the last recession.

“We did fine,” he said. “People don’t care about how much money they have they care about how good they look.”

Mayor Gee Williams suggested passing the proposed ordinance and amending it later. Amey objected.

“It would immediately be creating a barrier of entry,” he said.

Williams said that regulations were imperative because not everyone was honorable.

“Ninety-some percent of the regulations we have for everything apply to 2 to 3 percent of the people who might do something,” he said. “We are ultimately responsible for public safety. I think you make a very good argument … I also know that if there’s a ne’er-do-well they’re going to read about this and come hightailing to town because we don’t have anything to keep them from basically doing exactly the opposite of what your objective is.”

Amey said that if that was going to happen it would have happened already.

“I feel you have a misunderstanding of my profession and where it’s gone in the past 20 years. I have been considered a ne’er-do-well in the past because of my chosen profession and I have had to deal with that my entire adult career. I don’t think there’s as many ne’er-do-wells who are professional tattoo artists as you may think.”

Amey said Williams perceived his industry as a threat to the public.

“There are people in your industry who are an absolute threat,” Williams replied. “That’s why we have regulations. That’s why we have standards. This town did not get where it is by just looking the other way. We’ve always set standards for everything.”

Other opponents of the ordinance echoed Amey’s concerns. They said requiring a medical professional to be on site was ridiculous.

Williams maintained that the town had no regulations in place at the moment.

“We have nothing to speak to this issue,” he said. “I think we have a responsibility to have something that says there is a standard … I think we need to take a more cautious approach in today’s world.”

He said there were people who went from town to town looking for ways to trip so they could sue someone.

From the audience, Billy Parsons asked if anyone on the dais had even been to a tattoo shop.

“It’s a clean industry,” he said. “I don’t see the need to rush this right now.”

Jim Coltellino told the council that the tattooing industry was misunderstood. He pointed out that there were many reasons people got tattooed. He said that in his case, he’d had 29 percent of his body burned and got tattoos to cover up the scars.

“It’s not just the hoodlums that are getting tattooed,” he said.

Resident Jeremy Blackford said the unsafe practices officials wanted to prevent were already happening. He said people set up temporary tattoo shops in hotel rooms.

Williams stressed that the town needed to protect itself as the issue was further discussed and suggested a moratorium as a temporary solution.

“I don’t’ want to be sitting up here as a sitting duck…,” he said. “There are some real bad characters out there. We’ve been keeping them at bay for a long damn time.”

Tyndall made a motion to enact a 90-day moratorium and establish a committee of officials and citizens to come up with guidelines that were acceptable to the town.

Burrell suggested amending the motion to include a 120-day moratorium and to install Allen as the head of the committee. The council approved the amendment unanimously.

Burrell told the audience officials were only concerned about ensuring public safety.

“My son is tattooed,” he said. “My wife is tattooed. My daughter is heavily tattooed and so is my daughter-in- law. If I wasn’t a chicken I would probably be tattooed. There are fly-by-nights in any profession. We’re here trying to protect the health and safety of the public. That’s our only intent. We don’t have any opinion about the virtue of being tattooed or not being tattooed.”

About The Author: Charlene Sharpe

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Charlene Sharpe has been with The Dispatch since 2014. A graduate of Stephen Decatur High School and the University of Richmond, she spent seven years with the Delmarva Media Group before joining the team at The Dispatch.