Berkeley, CA Business Licensing & Operations: Tattoo & Body Modification (2026)

Berkeley Municipal Code Chapter 11.70 implements the state Safe Body Art Act (Health and Safety Code Section 119300 et seq.) at the local level. Under Section 11.70.030, it is unlawful for any person to perform body art in Berkeley without first registering with the City, providing the evidence required by Health and Safety Code Section 119306(b) and paying a nonrefundable registration fee; registration runs one year from January 1st, and a fee unpaid within thirty days after the due date draws a ten percent penalty (Section 11.70.040).

Separately, Section 11.70.050 makes it unlawful to operate a body art facility, whether permanent, temporary or mobile, without a valid health permit issued by the Division of Environmental Health (DEH). Applicants must file a written application, pay a filing fee, and supply evidence required by Health and Safety Code Section 119312(b), plus the facility name and address, the number of practitioners working there, and proof of each practitioner's registration. DEH will not issue the permit until it completes an investigation confirming the facility and its operations meet Chapter 11.70 and the Safe Body Art Act (Section 11.70.060); temporary facility applications must be filed at least ten working days before the intended start date.

Section 11.70.070 also requires plan filing and DEH review before any construction, reconstruction or alteration of a body art facility, ahead of any building, plumbing or electrical permit. Permits and registrations are nontransferable (Section 11.70.080) and renew annually on the same one-year, January 1st cycle with the same ten percent late penalty (Section 11.70.090). Facilities are subject to inspection during business hours under Section 11.70.100, and an enforcement officer may impound unsafe instruments, with DEH required to commence a release proceeding within 30 days. Mechanical stud-and-clasp ear piercing also requires a separate notification filing with DEH under Section 11.70.120.