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HomeMy WebLinkAboutOrdinance 854 ORDINANCE 854 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING TITLE 500, OF THE MOUNDS VIEW CITY CODE REGARDING BUSINESS LICENSE REGULATIONS SECTION 1. The City Council of the City of Mounds View hereby amends Title 500, Chapter 515 of the Mounds View Municipal Code by adding the underlined material and deleting the stricken material as follows: SECTION: 515.01.x, Purpose and-Intent 515.02. Definitions 515.03. License Required 515.04. General Rule 515.05. Liccnsc Application 515.06. Application and Investigation Fees 515.07. Application Verification and Consideration 515.08. Persons Ineligible for a License 515.09 515.04.Locations Ineligible-for a Tattoo and Body Piercing Enterprise License Requirements 54-540 515.05.General Liccnsc Requirements 515.11. Health and Sanitation Requirements 515.12. Liccnsc Tcrms, Renewals 515.13. 515.14. Temporary Tattooing, Body Piercing, Body Bfan4ing, Body Scarring Or Body Painting Event Liccnsc. 514.15. Exemptions 515.16 515.06.Violations and Penalties 515.01: FINDINGS PURPOSE AND INTENT: The purpose of this Section is to regulate the business of tattooing, body piercing, body branding, body scarring or body painting body art in order to protect the health and welfare of the general public. The City Council finds that the experience of othcr cities indicates that thcrc is a conncction between tattooing and hepatitis Council finds that stringent regulations geN=erning tattooing can-minimize the hepatitis and disease risk 515.02: DEFINITIONS: The following definitions apply in this Chapter of this Code. References hereafter to "Sections" are, unless otherwise specified, references to Sections in this Chapter. Defined terms remain defined terms whether or not capitalized. "Body piercing" means any method of puncturing the skin of instrumcnt designed or used to puncture the skin for the purpose of inserting jewelry or other objects in or licensed physician or medical specialist. or flame. Ord 854 Page 2 "Body painting" means applying color, pigment or paint to an ar a of the skin that exceeds three (3) square inchcs. extraneous matter. orrosion, breaks, cracks, chips, pitting, excessive wear and tear, leaks, cts so as to constitute a good and sound condition. "Enforcement officer" means the Chief of Police or designee. "Operate" means to own, manage or conduct, or to have control, charge or custody over. "Specialist" means that person performing the tattooing, piercing, branding or painting within a licensed tattoo and body piercing enterprise. "Tattoo and body picrcing enterprise" means a place of business where all or some of the following scarring or body painting. "Body art" means physical body adornment using, but not limited to, tattooing and body piercing. Body art does not include practices and procedures that are performed by a licensed medical or dental i•n.1 if th- .r cedure is within the professional's scope of practice. "Body art establishment" means an r n whether permanent, temporary, or mobile, where body art is performed. Mobile establishments include vehicle- mounted units, either motorized or trailered and readily moveable without disassembling and where body art procedures are regularly performed in more than one geographic location. "B•. m t netr. is i. n _n m- for the inserting jewelry or other objects in or through the body. Body piercing also includes branding scarification, suspension, subdermal implantation, microdermal and tongue bifurcation. Body piercing does not include the piercing of the outer perimeter or the lobe of the ear using a presterilized single -use stud and -clasp ear piercing system. "Tattooing" means any method of placing indelible ink or other pigments into or under the skin or mucosa with needles or any other instruments used to puncture the skin, resulting in permanent coloration of the skin or mucosa. Tattooing also includes microp gmentation and cosmetic tattooing Ord 854 Page 3 515.03: LICENSE REQUIRED: Subd. 1. Tattoo and Body Piercing Body Art Establishment License: :dy piercing, body scarring, body branding or body painting without a tattoo and/or body piercing license. No person acting individually or jointly with any other person shall maintain, own, or operate a body art establishment in the City without obtaining a body art establishment license issued by the State Commissioner of Health. Subd. 2. Tattoo and Body Piercing Specialist Body Art Technician License: administer or provide tattoo, body piercing, body scag or body branding services in thc City without a tattoo and /or body piercing specialist license. No individual shall perform tattooing in the City unless the individual holds a valid tattoo technician license issued by the State Commissioner of Health. No individual shall perform body piercing in the City unless the individual holds a valid body piercing technician license issued by the State Commissioner of Health. If an individual performs both tattooing and body piercing, the individual must hold a valid dual body art technician license issued by the State Commissioner of Health. 515.04. GENERAL RULE: The owner or operator of a licensed tattoo and body piercing establishment may employ only licensed tattoo and bedy piercing specialists to provide tattoo, piercing, branding, scarring or painting services. Thc owncr or operator of a licensed tattoo and body piercing enterprise need not be licensed as a tattoo and body piercing specialist unless that owncr or operator personally providea tattoo, piercing, branding, scarring or body painting services. 515.05: LICENSE APPLICATION: Subd. 1. Tattoo and Body Piercing Establishment License: Thc application for a tattoo and body piercing establishment license must contain the following information: a. For all applicants: Whether the applicant is an individual, cerpefation, partnership or other form of organization; (2) The legal description of the premises to be licensed together with a plan of thc area showing dimensions, location of buildings, street access and parking facilities; The floor numbcr, street number and rooms where-the tattoo, piercing, branding, scarring or body painting services arc to be conducted; licensed have bccn paid, and if not, the y ars and amounts that arc unpaid; If the application is for a premises either planned or under construction or undergoing substantial alteration, the application must be accompanied by preliminary plans showing thc design of the proposed premises; if the plans for design are on file with thc building inspector, no plans need be submitted; style other than the name of the applicant, and a certified copy of the certificate required by Minnesota Statutes, section 333.02; Ord 854 Page 4 (7) Any other information that the City Council may require. b, For applicants who are individuals: (1) and of the applicant and applicant's residence address; (2 If the applicant has cvcr used or been known by a n ation concerning thc dates and places where used; (3 Residence addresses of the applicant during foie (5) years preceding the date of application; (4) during the prcccding five (5) ycars; Names and addresses of the applicant's employers for thc prcccding five (5) years; (6) If the applicant has cvcr bccn convicted of a felony, crimc or violation of an ordinance othcr than involved in thc convictions; (7) If the applicant has cvcr bccn engaged in the- eper-aaienof tattoo, piercing, branding, scarring or body painting services; if so, thc applicant must furnish information as to the name, place and length of time of the involvement in such activity. c. For applicants that arc partnerships: (1) The names and addresses of general and limited partners and the information concerning each general partner described in subdivision 1 b of this Scction; business must be disclosed; (3) A truc copy of the partnership agreement must be meted with thc application, and if the partnership is required to file a certificate as to a trade name under Minnesota Statutes, section 333.02, a certified copy of that certificate must be submitted. d. For applicants that arc corporations: nization, and if incorporated, the state of incorporation; (2) A true copy of the certificate of incorporation, and, if a foreign corporation, a certificate of authority as described in Minnesota Statutes, section 303.02; premises to be licensed, and the information alert these persons described in subdivision lb; Ord 854 Page 5 (1) A list of thc persons who own or have a controlling interest in the corporation or organization or who such persons described in subdivision lb of this Section. Subd. 2. Tattoo and body piercing specialist license: Thc application for a tattoo and body piercing specialist liccnsc must contain thc following information: a. Thc applicant's name and addrcss; b. Thc applicant's current employer; c. The applicant's employers for the previous fivc (5) ycars, including employer's name, address and datcs of cmploymcnt; d. Thc applicant's residence addrcss for the previous five (5) y rs; c. Thc applicant's social sccurity number, date-ef birth, home telephone number, weight, height, color of cycs and color of hair; f. If the applicant has cvcr been convictcd of a felony, crimc or violation of an ordinance other g. If the applicant has cvcr used or been -known by a name other than the applicant's name, and if so, the name or names and information concerning datcs and places where used; h. Evidence that thc applicant: (1) Has current insurance coverage ovcr one million dollars ($1,000,000.00) for (2) Has a minimum four (4) ycars of experience and training from a established City; (1) Whether the applicant holds a current tattooing, body piercing, body branding, body scarring or body painting license from any othcr governmental unit; (5) Whether the applicant has previously been denied a tattooing, body piercing, body branding, body scarring or body painting liccnsc from any other govcrnmcntal unit. (6) Any othcr information that thc City Council may require. 515.06: p A e' and specialist Iiecnses arc set forth from timc to timc by City Council resolution. An invcstigation fee will be charged for tattoo and piercing enterprise licenses. An application for either liccnsc must be accompanied by payment in full of the required license and investigation fees, if applicable. Ord 854 Page 6 515 .07:• e, e•_ the applicant to assure compliance with this Section. With ninety (90) days of receipt of a complete application and fcc for a tattoo and piercing cntcrprisc liccnsc, thc Clerk Administrator must make a written recommendation to the City Council as to issuance or non issuancc of the liccnsc. The City may order additional investigation if it dccms it ncccssary, but must grant or dcny the application and required fees. the application. Noticc will be sent to thc applicant upon-aden -ial informing thc applicant of the right to placed on the next available City Council agenda. .l:: '.9• 1 Body Piercing Enterprise Liccnsc: A tattoo and body piercing cntcrprisc liccnsc may not be issued to an individual who: Has been convicted of any crimc directly related to the occupation licensed as prescribed by Minnesota Statutes, section 364.03, subdivision 2, and who has not shown competent evidence of tes, section 364.03, subdivision 3; e, Is not the r al party in interest of thc cntcrprisc; Subd attoo -and Body Piercing Specialist License: A tattoo and body picrcing specialist liccnsc may not be issued to a person who docs not -incct the minimum training requirement or could not qualify for a 2 ntcrprisc liccnsc. 54-5419 515.04: LOCATIONS INELIGIBLE FOR TATTOO AND BODY PIERCING REQUIREMENTS: Ord 854 Page 7 Subd. 1. A tattoo and body piercing enterprise may not be licensed if the enterp and delinquent. In the event a suit has been commenced under Minnesota Statutes, sections 278.01 which remain unpaid for a period exceeding one (1) year after becoming due. Subd. 2-1. Zoning Compliance: A tattee --and body art establishment licensed if the location of such enterprise is not must be operated in a location that is in conformance with Title 1100 of the Mounds View Municipal Code. Subd. 2. Private Residences. No place licensed by the State as a body art establishment shall be located within a private residence. Subd. 3. Mobile Establishments. Mobile body art establishments are prohibited. 515.10 515.05: GENERAL LICENSE REQUIREMENTS: Subd 1. General licensing requirements are as follows: Tattoos on minors. No person shall tattoo, pierce, scar, brand or paint any person under the age of 1 8 approved license application. No transfer of a license shall be pere3itted from place to place or from ownership, control, and interest of the existing licensed establishment. Hours of operation. A licensee body art establishment shall not be open for business for tattooing before eight o'clock (8:00) a.m. nor after ten o'clock (10:00) p.m. 2. application. If the licensed premises is enlarged, altered, or extended, the licensee shall inform the Clerk Administrator. Adherence to Codes. b, Body art establishments shall comply with applicable Minnesota Statutes, including, but not limited to Minnesota Statutes Chapter 146B and all titles, chapters and sections of the Mounds View City Code, including, but not limited to, those expressly stated as follows: Chapter 513, Adult Establishments; Section 514.11, subdivision 5, regarding prohibited massages; and Title 600, Public Health and Safety. Effect of license suspension or revocation. No person shall solic• -2,, revocation by the City. Maintenance of order. The licensee the operator of a body art establishment shall be responsible for the conduct of the business being operated and shall at all times maintain conditions of order. Ord 854 Page 8 Employee lists. The liccnscc shall providc to the Clerk Administrator a list of employees who perform and-shalhat each employee has received a copy of Chapter 515. Liability insurancc. All licensees shall have at all timcs a valid ccrtificatc of insurance issued by an insurancc company licensed to do business in thc State of Minnesota indicating that the liccnscc is currently covered in the licensed business by a liability insurance policy. The minimum limits of coverage for such insurance shall be: (1) Each claim, at least $200,000; (2) Each group of claims, at least $500,000. Such insurance shall be kept in force during the term -ef t-he license and shall provide for notification to the City prior to termination or cancellation. A ccrtificatc of insurancc shall bc filed with the City. 515.11: D. e Subd. 1. No person shall cngagc in thc practice of tattooing, body picrcing, body branding, body scarring (a) Lavatory requirement. Every place whcrc tattooing, body picrcing, body branding, body open front design and readily cicanablc. Easily cicanablc, covered receptacles shall bc provided for waste materials. Every lavatory facility shall bc provided with an adequate supply of hand cicansing compound the skin shall bc tattooed, pierced, scarred, branded or painted. fterilized and disposablc. No such equipment shall be uscd on more than one (1) customer. All bio hazar-deus- shall bc disposed of4n accordance with law, and disposal procedures shall be approved by thc enforcement officer. Sterilizing solutions and methods may be used for the purpose of sterilizing infcctions of thc hand shall not perform any tattooing, body piercing, body branding, body scarring or body painting services. (2) Whenever it is ncccssary to shave thc ski blades shall bc uscd. Ord 854 Page 9 oocd, scarred, pierced, branded or painted shall be thoroughly cleaned with anti bacterial germicidal soap, rinsed thoroughly with watcr, and sterilized with an antiseptic solution. Only single scrvicc towels and wipes sh tattooed, pierced or branded arca. (c) Operating furniture. All tables, chairs, furniture, er arca on which a patron receives a tattoo, receives a tattoo, body piercing, body scarring, body branding or body painting shall be impervious to ter each tattoo, body piercing, body branding, body scarring or boa. nti (f) Towels. Every specialist shall provide single scrvicc towels or wipes for each customer or (g) Coverings: The specialist shall req branding, scarring or painting will at all times have that persen's breasts, buttocks, anus and genitals breasts, buttocks, anus or genitals4e4he limited -ex cnt ncecssary4e -plc tattooing, body piercing, may view thc exposed body part. ialist performing tattoo, branding, piercing, scarring or dices shall be fully clothed so as to have thc specialist's breasts, buttocks, anus and genitals discarded or cleaned by dry cleaning methods. (i) Pigments. Pigments used in tattooing shall be sterile and free from bacteria and noxious agents use on each customer. (j) Minimum floor space. There shall note less -than two hundred fifty (250) square feet of floor space at thc place where the practice of tattooing, body picrcing, body scarring, body branding or body branding, body scarring or body painting while under the influence of alcoholic beverages or illicit drugs. beverages or illicit drugs. (1) Written instructions. The operator shall provide the person tattooed, scarred, pierced, painted or branded with printed instructions on the approved-care of the skin during the healing process. (m) Living quarters. No place licensed as a tattoo, body piercing, body branding, body scarring or body painting establishment shall be used or occupied as living or sleeping quarters. Ord 854 Page 10 515.12: LICENSE TERMS, RENEWALS: Licenses expire annually on December 31. The license fee will be prorated in thirty (30) day increments for liccnscs issued after June 30. The Clerk Administrator must prepare an application form for thc rcncwal of a liccnsc requiring information that thc Manager determines ncccssary for consideration of the renewal. The rcncwal application must be made no later than November 30. e e e Subd 1. Thc City Council may rcvokc thc license or suspend the liccnsc if the licensee submittcd false resolution suspend or rcvokc a liccnsc for thc violation of any provision or condition of this Scction or any other local law governing the same activity during thc liccnsc period or any criminal lam liccnsc period which adversely affects thc ability to honestly, safely, or lawfully conduct a tattooing, body piercing, body scarring, body branding or body painting business. Subd. 2. A revocation or suspension shall be preceded by written notice to thc licensee and a public hearing before thc City Council. The notice shall give at least ten (10) days noticc of the time and place of the hearing and shall state the nature of the charges against thc licensee. Thc notice shall be mailed to the licensee at thc most recent address listed on the application. 515.14: TEMPORARY TATTOOING, BODY PIERCING, BODY BRANDING, BODY 1 painting event liccnsc as provided in this subscction. Subd. 2. A temporary tattoo, piercing, branding, scarring and body painting specialist liccnsc may be issued to a person who: to hold a tattoo and piercing specialist liccnsc under this Section; b. Has completed the required application and paid the liccnsc fee at least seven (7) days prior to the effective date of the license. Subd. 3. A tcmporary liccnsc is cffcctivc for four (*consecutive days. A person may not be issued more than three (3) temporary licenses in any period of three hundred sixty (360) consecutive days. 515.15. EXEMPTIONS: Jewelry stores that provide r piercing services to its customers as an accessory scrvicc shall be exempt from the provisions of this Chaptcr so long as the scrvicc is incidental to the sale of jewelry. For purposes of this Section, a jewelry store shall mean a rctai hat derives less than one percent (1 of its revenues from car piercing services. 515.16 515.06: VIOLATIONS AND PENALTIES: Any person who violates any provision of this Chapter is guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in Section 104.01 of this Code. Ord 854 Page 11 SECTION 2. This ordinance shall take effect and be in force on January 1, 2011, which is consistent with Section 3.09 of the City Charter. SECTION 3. In accordance with Section 3.07 of the City Charter, the following summary shall be printed in the official City newspaper in lieu of the complete ordinance: During the 2010 Legislative session, a law was passed which, beginning January 1, 2011, requires the State of Minnesota to assume licensing jurisdiction over tattoo, body piercing and other body modification establishments, and those who perform such duties, as codified in Minnesota Statutes Chapter 146B. To be consistent with the new MN Statutes Chapter 146B, the City Council deleted much of City Code Chapter 515 which had provided for the municipal licensure and control over such businesses, in deference to the new legislation. The remaining language was updated to reference the new state requirements. Upon the effective date of the ordinance, January 1, 2011, the City of Mounds View will no longer license such establishments or those who practice such arts, instead deferring such oversight to the State of Minnesota. A printed copy of the ordinance is available for inspection during regular office hours at the office of the City Administrator. An electronic copy of this ordinance is available on the City's website, located at www.ci.mounds view.mn.us. Introduction and First Reading by the Mounds View City Council on September 27, 2010. Second Reading and Adoption by the Mounds View City Council on October 11, 2010. Publication Date: October 21, 2010. i_ L% Jo laherty, ayor ATTEST: James Ericson, City Administrator (seal)