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Section 2. Pursuant to the California Environmental Quality Act (“CEQA”) and the State CEQA guidelines, the adoption of this ordinance is exempt from CEQA review pursuant to California Environmental Quality Act Section 15061(b)(3), and a Notice of Exemption will be filed upon adoption of this ordinance. Section 3. Section 41-159 (Tattoo and/or Body Art Establishments) of SAMC is hereby amended to read as follow: Sec. 41-159. – Thrift shop, purchase and loan, pawnshop. Tattoo and/or Body Art Establishment A thrift shop, purchase and loan, or pawnshop is a retail establishment that sells or purchases secondhand articles, or provides loans secured by secondhand articles. Any facility that includes any of the following activities: (a) “Body art establishments” means any specified building, section of a building, or vehicle in which a practitioner performs body art, including reception areas, the procedure area, and the decontamination and sterilization area. “Body art establishments” does not include a facility that only pierces the ear with a disposable, single-use, presterilized clasp and stud or solid needle that is applied using a mechanical device to force the needle or stud through the ear. (b) “Body art” means the body piercing, tattooing, branding, or application of permanent cosmetics. (c) “Body piercing” means the creation of an opening in a human body for the purpose of inserting jewelry or other decoration. “Body piercing” includes the piercing of an ear, including the tragus; lip; tongue; nose; eyebrow; or other body part. “Body piercing” does not include the piercing of an ear, except for the tragus, with a disposable, single-use, presterilized stud and clasp or solid needle that is applied using a mechanical device to force the needle or stud through the ear. (d) “Branding” means the process in which a mark or marks are burned into human skin tissue with a hot iron or other instrument, with the intention of leaving a permanent scar. (e) “Permanent cosmetics” means the application of pigments in human skin tissue for the purpose of permanently changing the color or other appearance of the skin. This includes permanent eyeliner, eyebrow, or lip color. Permanent cosmetics, if done as an ancillary use within a beauty salon or spa, is not subject to the standards and restrictions in Section 41- 199.3.-Tattoo and/or Body Art Establishments. (f) “Tattooing” means the insertion of pigment in human skin tissue by piercing with a needle. 2-7