04-14-2021 Council Packet - Laserfiche WebLink

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limit on the number of tattoo business licenses for permanent makeup that can be issued at a time. The proposed recommended amendment options are shown below in blue (new language) or red (removed language): LICENSE CONDITIONS: G. No license shall be granted to any establishment that would be located within 300 feet of a residentially zoned parcel, or a property that is used for residential purposes within a PUD District. Businesses that provide only microblading, permanent makeup, cosmetic tattoo or similar services are exempt from this 300- foot distance from residential use requirement. OR G. No license shall be granted to any establishment that would be located within 300 feet of a residentially zoned parcel, or a property that is used for residential purposes within a PUD District. AND I. No more than one (1) such license shall be in force in the City at any one time. The City allows an unlimited number of licenses for businesses that provide only microblading, permanent makeup, cosmetic tattoo or similar services. There is no language in Chapter 822 specifying how to measure the 300-foot distance for tattoo parlors, but since there are distancing requirements for liquor and tobacco licenses, staff would assume they should all be measured a similar way. Using the tobacco measurement directions is the most applicable for a tattoo parlor - shall be the shortest line between the space to be occupied by the licensee and the occupied space of the residential use. Liquor licenses simply measure from building to building, but that could not have been the intention for tattoo licenses since a tattoo license was approved in 2007 for a space in Market Place Center, and only the western 2/3 of the Market Place building meets the 300-foot requirement from the adjacent homes and apartment building. It would be difficult to determine exactly where the 300-foot distance line is at Market Place Center, so removing the distance requirement entirely would eliminate this issue. Staff is also recommending that the State Statute for body art regulations and licensing be adopted in place of the specific regulations in City Code 821.040D. These rules in the City Code may be outdated and not match the State regulations. Other recommended amendments to Chapter 822 include: • Update the chapter title from Tattoo Parlor to Tattoo/Body Art; • Require that applicants provide a copy of their valid State of Minnesota Body Art licenses at the time of city license application or renewal; • Add specific directions on how to measure the 300-foot distance requirement; • Add the allowed hours of operation in to the Code in order to be transparent and consistent for all tattoo businesses. These four changes are included in all three ordinance options.