04-14-2021 Council Packet - Laserfiche WebLink

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STAFF REPORT TO: Mayor Keis and Members of the City Council FROM: Heidi Heller, City Clerk DATE: April 14, 2021 RE: Ordinance 853, Amending Chapter 822, Tattoo Parlors ACTION TO BE CONSIDERED: Adopt Ordinance 853, amending Chapter 822, Tattoo Parlors, to accommodate a new cosmetic tattoo type of business and update language. BACKGROUND: In 2007, after a second request to open a tattoo shop was received, language was added to the City Code for tattoo licensing and to the Zoning Code to allow tattoo parlors only in PUD zoning districts. This language includes body art such as body piercing or other body art-type uses. The location of a previous proposal drew concerns from nearby residents about the clientele a tattoo parlor could attract, so the final adopted language in Chapter 822 requires there be at least 300 feet between a tattoo parlor and any residential uses, and that only one tattoo license will be issued in the city at any one time. In the last several years, tattooing has become very popular and the types of clientele that visit tattoo parlors, along with the stigma, has changed. There had also been Council concerns in 2007 about who would inspect these facilities since there was no state oversight at that time. The State of Minnesota Department of Health began regulating and inspecting tattoo and piercing professionals and establishments in 2013. For information about the Minnesota licensing: https://www.health.state.mn.us/facilities/providers/bodyart/index.html The City has recently received requests for two microblading businesses to locate in Thunder Bay Mall (1-49 Little Canada Road East). Microblading became popular in the United States in 2010, and is also known as cosmetic tattooing or permanent makeup where semi-permanent ink is used to fill in eyebrows and add eye or lip liner. The ink used in microblading typically lasts for a few years and gradually fades. The process used to do this is the same or similar to permanent tattooing and requires licensing as a body art technician/establishment by the State of Minnesota. A microblading business does not perform any other type of tattooing, and they are either a stand-alone business or an additional service offered in a personal services business such as a hair salon. The business does not have more than a few customers there at a time, and the clients that visit a microblading/permanent makeup business are there for a cosmetic beautification service just like at a nail, hair or tanning salon. Thunder Bay Mall is zoned PUD, Planned Unit Development, so tattoo/body art businesses would be an allowed use per the Zoning Code if the distance requirements for licensing in City Code Chapter 822 could be met, but both buildings in this mall are less than 300 feet from residential uses. Staff is recommending the City Council consider excluding only microblading/permanent makeup/cosmetic tattoo businesses from the 300-foot distance from residential uses requirement OR removing the distance requirement entirely; and remove the