State officials served a “cease and desist” order on Nite Owl Tattoo Studio on Feb. 9 after discovering that it had been operating with an expired state license for more than seven months.
Owner Diane Castillo said the establishment at 1816 Fredericksburg Road will reopen as soon as the state gives permission. She said — and state officials confirmed — that she has paid the fees necessary to renew the license.
The state’s order did not find fault with the studio for allowing Castillo’s granddaughter, 8-year-old Athena Castillo, to apply tattoos to customers. The Texas Health and Safety Code does not set a minimum age for tattoo artists.
But recent media coverage did prompt the Texas Department of State Health Services to review the studio’s licensing records. That’s when officials discovered that its license had expired on June 24.
State officials also found the studio had not fully paid a $700 fine stemming from an inspection in 2020.
Nite Owl Tattoo Studio’s other location, at 7121 U.S. 90, Suite 230, also continued to operate after its state license expired on Jan. 7.
Castillo said she has rectified the problems by renewing both studios’ licenses and paying the balance still owed on the $700 fine. She said she drove to Austin on Feb. 10 to make the payments. The Department of State Health Services confirmed that she made the payments.
The state is waiting for a legal hold related to the $700 fine to be lifted and for Castillo’s money orders to be processed, records show.
The U.S. 90 studio remains open because the state never ordered it to halt operations. Business continues to be brisk at that location, Castillo said.
Castillo said her office manager had been in charge of renewing the licenses. She said she fired the office manager after learning both studios’ licenses had lapsed.
“I’m not going to sit here and make excuses,” Castillo said. “I’m only human. I’m one person. I’m a single parent, and I’ve run both my shops for the last 10 years. I work really hard to make sure that we always stay in compliance.
“The last six months, I’ve buried my favorite aunt. My daughter was in ICU. I’ve had surgery. I’m raising my granddaughter. I’ve really been through it,” she said. As a result, she said, “I overlooked important business details.
“So maybe it was a sign — get your head back in the game,” she added. “No one’s going to take care of your business better than you do.”
This is not the first time Nite Owl’s Fredericksburg Road location has run afoul of state health department regulations. In August 2020, the state found that the shop was operating without valid licenses, documents show.
At the time, the shop’s tattoo facility license had been expired for almost two months, while its body piercing studio’s license had expired three weeks earlier, state records show.
During the same visit, a state inspector found that monthly test results for a sterilization unit weren’t available for examination as required.
The state initially proposed a $7,000 fine. Castillo did not admit any wrongdoing and requested an informal conference to discuss the allegations. The two sides reached a settlement, which called for Castillo to pay a $700 fine.
But she didn’t pay the full amount until the state issued its cease-and-desist order this month.
In a Feb. 8 Express-News article about Athena, Castillo was quoted as saying that her granddaughter “is being raised in the industry” and began providing tattoos at age 6. Castillo said there was a “super long” waiting list of customers who wanted Athena to create tattoos for them.
The girl’s role in the studio first came to the health department’s attention early last year, when someone sent an anonymous email complaining that the child, then 7, was working at Nite Owl’s Fredericksburg Road location.
“Wish to keep this report anonymous,” the Jan. 14, 2022, email stated. Nite Owl Tattoo Studio “has a 7-year-old ‘tattoo artist.’”
A state health inspector went to the studio a week later and spoke with one of its tattoo artists, who said the child was apprenticing under the supervision of experienced artists, state records show. An experienced artist watched over the girl’s shoulder to ensure she was operating the machinery correctly, the artist told the inspector.
“Based on my inspection and review of the complaint, it appears everyone involved (is) practicing aseptic techniques,” the inspector wrote in his report. “Complaint allegation of a 7-year-old tattooing substantiated. No violations observed.”
The state health department licenses only tattoo studios — not individual tattoo artists, said spokeswoman Lara Anton. All tattoo artists are encouraged to undergo training for infection control, she added.
Some local jurisdictions have requirements for tattoo artists, but the city of San Antonio does not, spokeswoman Michelle Vigil said.
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