A tattoo created by Denise de la Cerda. de la Cerda would like to operate a tattoo parlor in downtown Jamestown, but current zoning doesn’t allow it. Submitted photo

If the zoning codes in Jamestown for tattoo parlors are relaxed, an artist who applied for a use variance last year, but was denied would still be interested in a downtown location.

Tattoo artist Denise de la Cerda told The Post-Journal via email that she would still be interested in a downtown business location if the city’s zoning codes are less restrictive. de la Cerda said she is living in the Jamestown area and still wants to open a tattoo parlor downtown.

“I think it would be a very good thing for Jamestown,” she said. “With such restrictions in place, it is as if they are saying, ‘We really don’t want your kind around here,’ but (it’s) too late, many people already are tattooed, and visibly so, and carry on perfectly well with their professional lives.”

de la Cerda said the current city zoning, which only allows for tattoo parlors to be located in service and highway commercial, light manufacturing and manufacturing zoned areas of the city and not downtown, isn’t stopping anyone from getting a tattoo.

“They will just have to take their business elsewhere,” she said. “When people come to a location to get a tattoo, which usually costs in the hundreds of dollars, they don’t just spend money at the tattoo parlor. They buy lunch or dinner, they buy coffee, they go get a craft beer afterwards or see a show. Jamestown is currently stopping these people in their tracks. People who have money and want to spend it.”

In November 2019, de la Cerda was denied a use variance to operate a tattoo studio at 14 E. Fourth St., Jamestown. de la Cerda had proposed to open an appointment-only tattoo studio, along with a fine arts studio. She said there would only be about three appointments a week for the tattoo studio, and didn’t expect that much more foot traffic for the fine arts studio. She said the tattoo business would have been located above Maurice’s Beauty Salon and would have been in close proximity to businesses like the Labyrinth Press Co. and Brazil Craft Beer & Wine Lounge, so the business wouldn’t have created a significant increase in foot traffic along East Fourth Street.

de la Cerda said where the city allows for tattoo businesses — in the manufacturing district — wouldn’t be clean enough to get approved by the health department because of dirt, dust and mildew. She said tattoo businesses are becoming more like boutiques and are being located in downtown business districts. She said the business doesn’t belong in the same area as light manufacturing companies.

Following the variance denial, Ellen DiTonto, city Zoning Board of Appeals chairwoman, attended a city Planning Commission meeting in December, asking the commission to update the zoning code to possibly allow for tattoo parlors downtown.

The planning commission plans to discuss a local law to possibly allow for tattoo parlors in the city during its meeting today.

Earlier this month, the Jamestown City Council discussed the possibility of changing city zoning codes for tattoo parlors to allow them to be located downtown. Brent Sheldon, Ward 1 councilman, said the current zoning for the city on tattoo parlors was created in 1969. He said back in 1969, there were no health regulations for tattoo parlors. He said today the Chautauqua County Health Department inspects tattoo parlors and issues a license to allow them to operate.

Elliot Raimondo, city corporation counsel, said he has been reviewing zoning codes for several cities in the state, of which he said many allow for tattoo parlors in their central business district.

Ben Haskin, city associate counsel, said he looked through 45 zoning codes of other cities in the state and found only one other city with restrictions similar to Jamestown, which was Ithaca where Cornell University is locate. He did find restrictions like how close one tattoo parlor could be to another, which was usually 200 to 250 feet apart. He also said there were restrictions like a tattoo parlor needs to be 200 feet from a park or a school.