Permanent-cosmetics artist rallies to have her business reclassified

By: 
Sep. 26, 2013

In order to open a studio in a more "desirable" area, Beverly Stannard would need to apply for a $2,900 exemption, since the state currently considers her business part of the tattooing industry.

BY WAYNE GRANT | STAFF WRITER

Beverly Stannard feels like she’s stuck. Owner of Permanent Makeup by Beverly, she’s been working in permanent cosmetics for 15 years and is currently classified as a tattoo artist by the City of Ormond Beach, due to a state law passed in 2010.

Stannard, who rents space in Wild Strandz Hair Salon, on U.S. 1, has been wanting to open a business in a new location but is limited to areas where tattoo parlors are allowed. She can only move to B-5, or "service commercial," zones.

“Those are not the nicest neighborhoods,” she said. “Permanent makeup is a high-end market.”

The state law says that tattoos and permanent makeup are the same. Stannard believes the law is worded in such a way that a city could reclassify her business as personal services.

In Port Orange, permanent makeup is classified as a personal service, according to Wayne Clark, community development director.

“This is the way they have historically been classified,” he said. “Tattooing is regulated separate from the Personal Use category. We do not equate them for zoning.”

Stannard is a licensed cosmetologist and facial specialist. In addition to eyeliner, eyebrows, lip liner and lip color, she also does restoration work for burn and scar victims, as well as working part time at the Ocala Central Florida Eye Institute.

Stannard presently works outside the B-5 zones because her location was grandfathered in when the law was passed.

At a recent Ormond Beach City Commission meeting, a permanent makeup artist in Nova Shoppes, which is in a Planned Business District, received an exception to conduct business, for which she had to pay a fee of $2,900. She also had to get approval from the commission in a vote.

Steve Spraker, senior planner for the city, said if Stannard wants to move outside the B-5 area, she would need to do the same thing.

But Stannard doesn’t think that's right.

“What’s good for one is good for all,” she said. She doesn’t believe she should have to pay the fee and take a chance on the commission not approving her exception.

She also pointed out that there are a few buildings on Granada Boulevard where she could open a tattoo parlor, because they are zoned B-5.

“How would the City Commission like that?” she asked.

The disagreement comes down to a different interpretation of state law. Stannard thinks Florida Statute 381 says that a city can make its own laws regarding the issue. But the Ormond Beach legal department reads the law differently.

According to Ann-Margret Emery, assistant city attorney, the law states that permanent cosmetics falls within the definition of tattooing and cities must go along with that ruling.

“Consequently, (permanent cosmetics) may not be treated as a use that is separate and different from tattooing,” Emery said.

She said Stannard has three options: move to a B-5 zoning district and meet the conditions; move into a planned business district and apply for an amendment or convince the commissioners to alter Ormond Beach's land development code.

Stannard would like to see permanent cosmetics designated as “personal services.”

“I don’t like the stereotype (of being grouped with tattoo artists),” she said. “I love what I do. It changes the whole person.”