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Commissioners say state rules bar temporary sidewalk tattooing; suggest removing tattooing and oil-change provisions from master plan

5502452 ยท July 30, 2025
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Summary

At a workshop, commissioners and staff said state health rules prohibit temporary tattooing on sidewalks and state environmental rules govern oil changes, prompting calls to remove both activities from the draft master plan's itinerant-vendor allowances.

Commissioners at a Daytona Beach workshop said state regulations prevent temporary tattooing on public sidewalks and raised environmental concerns about oil-change services doing work on sidewalks, and they urged staff to remove both allowances from the Bike Week/Biketoberfest master-plan draft.

A commissioner told the panel that "by state law, we actually can't even do these tattoos on the sidewalks. It's all state reg by the Department of Health." The same speaker recommended removing oil changes from the proposed itinerant-vendor allowances because oil leaks from vehicle service could trigger Department of Environmental Protection responses. Staff confirmed that the city cannot override state public-health or environmental regulations and that the draft should not include activities that state law prohibits.

Outcome: commissioners directed staff to remove temporary sidewalk tattooing as an allowed itinerant activity and to exclude sidewalk oil-change services from the master-plan allowances. Staff also noted that some permanent businesses that hold BTRs and operate legally year-round (including vehicle service shops and tattoo shops) would remain subject to ordinary licensing and health rules and were not affected by the change.

No formal ordinance was adopted; the workshop produced direction to amend the draft master plan and return it to the commission for formal review.