OLD ORCHARD BEACH — A proposed zoning ordinance change that would have allowed tattoo studios on Ocean Park Road has failed.

The request for a change was brought about by Robert Johnson, owner of Good and Evil Tattoo. Johnson ran a tattoo establishment at 9 Ocean Park Road last year, and had applied for a business license for a new location at 1 Ocean Park Road. He was denied the license, as tattoo studios are not a permitted use in this area of town, which is in the General Business District 1, or GB1 district.

Town zoning only allows tattoo parlors in the Downtown District 1 and Amusement Overlay District, located in the downtown and Palace Playland amusement areas.

Despite this, Johnson had been granted a business license last year, as the previous code enforcement officer had mistakenly thought that tattoo studios were a personal service, which is allowed in the GB1 district.

With Council Chairman Shawn O’Neill absent, the council vote Tuesday on whether to change the ordinance to allow tattoo parlors in the GB1 district was tied, 3-3, and thus the motion failed.

The planning board voted last month, 3-0, to recommend the council approve an ordinance change that would allow tattoo studios in the GB1 district.

Planning Board Chairman Carl D’Agostino told the town council Tuesday night that after doing more research, he had changed his mind. He said he thought tattoo parlors had been restricted from the GB1 zone for a reason, and he opposed the ordinance change, saying it was not in the best interest of the town.

Councilor Michael Tousignant said that decisions made years ago are not always the right choice for today and can be revisited.

“Personally, I don’t see this as detrimental,” he said.

Councilor Bob Quinn, who voted in favor of the ordinance change, said what was driving his decision was that the proposed ordinance would have been a conditional use, meaning that any applicant proposing a tattoo parlor in this district would have to adhere to specific conditions.

“I think it’s extremely important, I think it’s extremely limiting,” said Quinn.

Councilor Malorie Pastor said she encourages businesses to come to the town and said the town should be flexible, but she did not think tattoo parlors were appropriate for the area in question.

— Staff Writer Liz Gotthelf can be contacted at 282-1535, ext. 325 or [email protected].