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Item No: 07H Meeting Date: Oct 11, 2010 Type of Business: CB City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, City Administrator Item Title/Subject: Second Reading and Adoption of Ordinance 854, an Ordinance Amending Chapter 515 Regarding Tattoo Licensing Introduction: During the last legislative session, a new law was adopted to regulate body piercing and other body modification services (comprehensively referred to as “body art” establishments) in Minnesota. Mounds View has had provisions regulating these businesses since 2000, when the City Council adopted Ordinance 663. No such business ever located in the community, although there have been a few inquiries over the years. With the new state regulations, the League of MN Cities recommends cities examine their city codes and make any necessary amendments or revisions to maintain or achieve consistency. (The City’s code may be more restrictive but cannot be less restrictive than MN Statutes.) Staff asked the City Attorney’s office to review our City Code relating to Tattoo and Body Piercing Establishments (Chapter 515) and to propose amendments to be compliant with the new legislation, which will be effective January 1, 2011. The Council reviewed the proposed revisions at their work session meeting on September 7, 2010 and was generally supportive of the changes. On September 27, 2010, the Council approved the first reading and introduction of the ordinance. No changes or revisions have been made from the version presented September 27th. Discussion: The City Council adopted its licensing requirements for such businesses in 2000 in response to an inquiry to locate such a business in the City. While the business chose to locate elsewhere, the Council felt that having a strong framework of licensing requirements would be beneficial, since at that time, the state had no oversight in such businesses. The original ordinance outlined the license requirements, locational requirements, operational requirements, health and sanitation requirements, license fees, investigation fees, temporary licenses, suspension and revocation standards and exemptions. While the ordinance was quite comprehensive, the newly adopted legislation addresses all of these issues and more, incorporating newer trends in body art and body modification. The attorney recommends that the much of the Chapter be deleted, in deference to the new legislation, as adopted or amended. Certain provisions will remain in place in the City Code.