Legal Question in Business Law in California

I am a tattoo artist in the state of california. In the course of my career I have found it very hard to find good legal answers to some questions I have regarding the nature of this business. The main question I am trying to find the answer to is whether it is legal for the owner of a tattoo shop to take a percentage of each tattoo performed in the shop. The standard percentage is either 50% or 60% depending on what supplies the shop provides and what can be negotiated. The nature of the business is most similar to a hair salon where a booth rental is the normal monetary transaction between the stylist and the owner of the salon. This allows the stylist to have some control over their destiny and allows them to succeed if they work efficiently and market themselves well. With a percentage paid to the owner with no cap, a tattooer will pay increasingly large sums for the same basic service offered by the owner. It is my opinion that the space and supplies provided for an artist to ply their trade has a value that should not increase indefinitely. This system never allows the artist to rise and succeed because there is no limit to the amount of money the owner is able to collect. What do you think?
Another starving artist

Asked on 2/14/11, 3:31 pm

Joe Marman Law Office of Joseph Marman

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In this case, there probably are no rules. Whatever the two parties agree to in the contract would probably control.

Answered on 2/14/11, 5:04 pm

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