HomeMy WebLinkAbout10D - Body Art Establishments
CITY COUNCIL AGENDA REPORT
SEPTEMBER 7, 2004
10.
BILL O'ROURKE, CHIEF OF POLICE
AGENDA ITEM: CONSIDER APPROVAL OF AN ORDINANCE
REGULATING BODY ART ESTABLISHEMENTS.
DISCUSSION: Historv: The City of Prior Lake does not currently license or
regulate body art establishments (more commonly known as Tattoo
Parlors) and the State of Minnesota does not regulate such
establishments beyond making it illegal for any person under the
age of 18 to receive a tattoo without parental consent. The City
has received an inquiry from a prospective business regarding the
regulation of such establishments.
ISSUES:
Current Circumstances: The City Attorney and I have been
working to prepare an ordinance which addresses the issues raised
by body art establishments. The purpose of the attached ordinance
is to regulate the business of tattooing, body piercing, body
branding, body painting and body art for the purpose of protecting
the general health, safety, and welfare of the community.
Activities that involve the piercing of the skin with needles or
other instruments pose the potential risk of spreading hepatitis or
causing other health problems if not done in a safe manner under
sanitary conditions. The licensing requirements and stringent
regulations governing tattooing and body piercing will help the
City protect the general health, safety and welfare of the
community.
Conclusion: The Council should determine if it wishes to add
provisions to the City Code relating to Body Art Establishments.
The Council in determining whether or not to adopt this proposed
ordinance, regulating body art establishments, should consider the
following issues.
1. Location. As proposed, the ordinance restricts such businesses
to districts zoned C-4, and then too, they shall not be located
within 300 feet of a church, school, licensed day care center, or
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
FINANCIAL
IMPACT:
a residence. Body art establishments are also not allowed if the
premise is also licensed for the furnishing of alcoholic
beverages or as an adult entertainment establishment. Under
these location restrictions, a body art establishment could be
located in certain areas at Priordale Mall, Gateway, Marathon
Gas station area, the office building at Franklin Trail, Fountain
Hills, and virtually all the properties adjacent to the ring road
from Franklin Trail to TH 13. No body art establishment
would be allowed downtown, as was the desire of the person
who inquired. It is the staff s opinion based on the direction
provided in the 2020 Vision and Strategic Plan and the
Downtown Redevelopment Guidelines that downtown should,
to the extent possible, be reserved for business types which
attract significant numbers of consumers.
2. Definition of "Bodv Art". The term 'body art' refers to any
physical body adornment including, but not limited to body
piercing, tattooing, and cosmetic tattooing. The definition does
not include medical procedures performed by licensed medical
or dental personnel; such as implants, or the piercing of ears for
earnngs.
3. License Required. Any business entity wishing to engage in
the practice of body art in the City of Prior Lake must be
licensed by the City. Jewelry stores and accessory stores that
exclusively provide ear-piercing services using piercing guns
are exempt from this license requirement.
4. Health and Sanitation Requirements - Inspections. Upon
receipt of an application and prescribed license fee, the City
shall conduct an investigation into the background of the
applicants, managers, owners and technicians and an inspection
of the body art establishment to determine the suitability of the
location and whether the premises are clean and sanitary. The
City will contract for the health and sanitation inspections and
the cost for the inspection shall be paid by the applicant as part
of the prescribed fees. The City of Bloomington has a Health
Sanitarian who is available for this purpose for a fee.
There is no fiscal impact associated with these revisions.
ALTERNATIVES: (1) Adopt the Ordinance as proposed, or with amendments the
Council deems appropriate.
(2) Take no action and provide staff with direction.
RECOMMENDED
MOTION:
new ordinance to be effective upon
REVIEWED BY:
SECTION 309
BODY ART ESTABLISHMENTS
309.100 Purpose. The purpose of this section is to regulate the business of
tattooing, body piercing, body branding, body painting and body art for the purpose of
protecting the general health, safety, and welfare of the community. The City Council is
aware that activities that involve the piecing of skin with needles or other instruments
pose the potential risk of spreading hepatitis or causing other health problems if not done
in a safe manner and under sanitary conditions. Therefore, the City Council finds it
necessary and in the interest of the protecting the general health, safety and welfare to
adopt stringent regulations governing tattooing and body piercing.
309.200 Definitions. The following words and terms shall have the following
meanings unless the context clearly indicates otherwise:
Body Art means any physical body adornment including, but not limited to, the
following techniques: body piercing, tattooing, and cosmetic tattooing. This definition
does not include practices that are considered part of a medical procedure performed by
licensed medical or dental personnel, such as, but not limited to, implants under the skin.
Such medical procedures shall not be performed in a body art establishment.
Body Art Establishment means any place or premise, whether public or private,
temporary or permanent in nature or location, where the practices of body art, whether or
not for profit, is performed.
Body Piercing means the penetration or puncturing of human skin by any method,
for the purpose of inserting jewelry or other objects, in or through the human body.
"Body Piercing" shall not refer to any medical procedure performed by licensed medical
or dental personnel. "Body Piercing" does not include the puncturing of the lobe of the
ear using a pre-sterilized ear-piercing system with the stud and clasp contained in a single
use cartridge or cassette following the manufacturers instructions.
Branding shall mean any method, including but not limited to using heat, cold, or
any chemical compound to apply a scar to the body for the purpose of creating a
permanent mark or design on the skin.
Clean means the absence of dirt, grease, rubbish, garbage, and other offensive,
unsightly, or extraneous matter.
Equipment means all machinery, including fixtures, containers, vessels, tools,
devices, implements, furniture, display and storage areas, sinks, and all other apparatus
and appurtenances used in the operation of a body art establishment or used to perform or
apply body art.
Good Repair means to be free of corrosion, breaks, cracks, chips, pitting,
excessive wear and tear, leaks, obstruction, and similar defects so as to constitute a
sanitary, workable, and sound condition.
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Individual means a human being.
Operator or Technician means any individual who owns, controls, operates,
manages, conducts or practices body art activities at a body art establishment and who is
responsible for compliance with the regulations set forth in this Section, whether actually
performing body art activities or not. The term includes technicians who work under the
direction of the operator and perform body art activities.
Owner means any individual, firm, company, corporation, or association that
owns an establishment where body art is performed.
Person means any individual, partnership, corporation, or association.
Procedure means performing a technique to apply body art, as defined in this
Section, to an individual.
Procedure Area means the physical space or room used solely for body art
procedures.
Scarification means the cutting or tearing of human skin for the purpose of
creating a permanent mark or design on the skin.
Tattoo, Tattooing means any method of placing ink or other pigments into or
under the skin with needles or any other instruments used to puncture the skin, resulting
in permanent coloration. This includes all forms of cosmetic tattooing, except those
performed by a licensed medical professional, under the supervision of a physician and
performed in a medical office.
309.300 Business License Required. No person, partnership, corporation or other
form of business entity shall operate a body art establishment, or engage in the practice of
body art without being licensed under this Section. Jewelry stores and accessory stores
that exclusively provide ear-piercing services using piercing guns shall be exempt from
this license requirement. Medical offices performing cosmetic tattooing are also exempt
from the licensing requirements set forth in this Section.
309.400 Licensin2 Procedure. The application for a body art establishment
business license shall be submitted on a form provided by the City and shall include:
a. (1) If the applicant is an individual, the name, residence, phone number,
and birth date of the applicant. (2) If the applicant is a partnership; the
name, residence, phone number, and birth date of each general and limited
partner. If the applicant is a corporation, the names, residences, phone
numbers, and birth dates of all those persons holding more than five (5)
percent of the issued and outstanding stock of the corporation.
b. The name, address, phone number, and birth date of the manager of such
establishment, if different from the owners.
c. The address and legal description of the premises where the body art
establishment is to be located.
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d. A statement detailing any conviction of the applicant, manager, operator
or technician relating to any body art procedure and all criminal
convictions, other than misdemeanor traffic violations.
e. A statement detailing whether or not the applicant, manager, operator or
technician has ever applied for or held a license to operate a similar type
of business in another community(ies) and whether the license was issued
or denied. In the case of a corporation, a statement detailing any felony
convictions by the owners of more than five (5) percent of the issued and
outstanding stock of the corporation and whether or not those owners have
ever applied for or held a license to operate a similar type of business in
another community(ies).
f. The activities and types of body art that will be performed at the body art
establishment.
g. The hours of operation.
h. The provisions made to restrict access to minors.
1. A building plan of the premises detailing the location of all internal
operations and activities.
J. The names, street address, and business addresses of three (3) residents of
Dakota, Hennepin, Ramsey, Anoka, Washington, Scott, or Carver
Counties who are of good moral character and who are not related to the
applicant and not holding any ownership in the premises or business, who
can speak to the applicant's character.
k. Whether all real estate and personal property taxes that are due and
payable for the premises to be licensed have been paid, and if not paid, the
years and amounts that are unpaid.
All applications shall be referred to the City Manager or its designee for verification and
investigation of facts set forth in the application, including any necessary criminal
background checks to assure compliance with the requirements of this Section. Any
falsification on a license application shall result in the denial of the license.
All applications shall be referred to the City Manager or its designee for verification and
investigation of the facts set forth in the application, including any necessary criminal
background checks to assure compliance with all the requirements of this Section. Any
falsification on a license application shall result in the denial of the license.
309.501 License Fee. The license fee is set annually by resolution of the City
Council. Each application for a license shall be accompanied by payment in full of the
required license fee.
309.502 License Term. All licenses issued under this Section shall expire on
December 31 of the license year.
309.503 Licensine: Procedure. The City shall, upon receipt of an application and
prescribed license fee, conduct an investigation into the background of the applicants,
owners, managers, operators and technicians and an inspection of the body art
establishment to determine the suitability of the location and whether the premises are
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clean and sanitary. Such investigations and inspections will be completed within thirty
(30) days of receipt of the license application and fee. The City is authorized to contract
with an entity with the background, experience and qualifications, to conduct that part of
the inspection concerning whether the establishment is clean and sanitary (health
inspection.) If the City chooses to contract for a health inspection, the cost of the
inspection shall be paid for by the applicant. The City is empowered to conduct any and
all investigations to verify the information on the application, including ordering a
computerized criminal history inquiry and/or a driver's license history inquiry on the
applicant, owner, managers, operators and technicians. If, after such investigation and
inspection, it appears that the applicant and the place proposed for the business are
eligible for a license under the criteria set forth in this Section, then the license shall be
placed upon the City Council agenda for consideration. Otherwise, the license shall be
denied by the City Manager or their designee and a letter of denial, enumerating the
reasons for such action, will be sent to the applicant.
309.504 Hearine on License Denial. If the license is denied, the applicant may
request a hearing before the City Council by filing a written request therefore with the
City Manager within fifteen (15) days after the applicant has received written notice of
denial.
309.600 Persons Inelieible for License. No license shall be issued to an applicant
who is a natural person; general or managing partner of a partnership; or manager,
proprietor, or agent of a corporation or other organization if such applicant:
a. Is a minor at the time the application is filed.
b. Has been convicted of any crime directly related to the occupation licensed as
prescribed by Minnesota Statutes, Section 364.03, subdivision 2, and has not
shown competent evidence of sufficient rehabilitation and present fitness to
perform the duties of licensed occupation as prescribed by Minnesota Statutes,
Section 364.03, Subdivision 3.
c. Has been denied a license by the City or any other Minnesota municipal
corporation to operate a body art establishment or whose license has been
suspended or revoked within the preceding twelve (12) months.
d. Is not a citizen of the United States, a resident alien, or does not have the legal
authority to be employed in the United States.
e. Has not paid the license and investigation fees required by this Section.
f. Has knowingly falsified or misrepresents information on the license
application.
g. Is not of good moral character or repute.
h. Owes taxes and assessments to the State, County, School District, or City that
are due and delinquent.
309.700 Places Inelieible for License. The following locations shall be ineligible
for a license under this Section.
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a. No license shall be granted or renewed for operation on any property on
which taxes, assessments, or other financial claims of the State, County,
School District, or City are due, delinquent, or unpaid.
b. No license shall be granted or renewed if the property is not properly zoned
for body art establishments.
c. No license shall be granted or renewed if the premise is licensed for the
furnishing of alcoholic beverages or is an adult establishment pursuant to this
Code.
d. Any location that is not in a district zoned C-4.
e. No license shall be granted if the premise is within 300 feet of a church,
school, day care center, or residence.
309.800 Conditions on License. Every license shall be granted subject to the
following conditions and all other provisions of this Section, and of any applicable
sections of the City Code, the City's zoning ordinances, and all provisions of state and
federal law .
a. No person shall perform any form of body art on any person under the age of
eighteen (18) except in the presence of, and with the written permission of, a
parent or legal guardian of such minor. If the minor has a custodial and non-
custodial parent, the consent must be signed by both.
b. The license granted under this Section is for the applicant or owner and for the
premises named on the approved license application. No transfer of a license
shall be permitted from place-to-place or from person-to-person without first
complying with the requirements of an original license application, except in
the case in which an existing non-corporate licensee is incorporated and
incorporation does not affect the ownership, control, and interest of the
existing licensed establishment.
c. All licensed premised shall have the license posted in a conspicuous place at
all times.
d. A licensee under this Section shall not be open for business before 7 :00 a.m.
or after 10:00 p.m.
e. The body art establishment license is only effective for the compact and
contiguous space specified in the approved license application. If the licensed
premise is enlarged, altered, or extended, the licensee shall inform the City.
No person shall engage in the practice of body art at any place other than the
place or location named or described in the application and license.
f. No person shall solicit business or offer to perform body art services while
under license suspension or revocation by the City.
g. The licensee shall be responsible for the conduct of the business being
operated and shall at all times maintain conditions of order.
h. The licensee shall provide the City with a list of managers, operators and
technicians who perform body art services at the licensed establishment and
shall verify that each operator and has received a copy of this Section of the
City Code. As new employees are hired they too must be provided with a
copy of this Section of the City Code.
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1. All licensees shall maintain a permanent record of each body art customer for
a minimum of two years, including;
1. Name, address, phone number, date of birth, and their signature;
2. Signed parental consent forms required for minors.
J. All licensees shall have at all times a valid certificate of insurance issued by
an insurance company licensed to do business in the State of Minnesota
indicating that the licensee is currently covered in the body art business by a
liability insurance policy. The minimum limits of coverage for such insurance
shall be:
1. Each claim, at least Two Hundred Thousand Dollars ($200,000).
2. Each group of claims, at least Five Hundred Thousand Dollars
($500,000)
Such insurance shall be kept in force during the term of the license and shall
provide for notification to the City prior to termination, or cancellation. A
certificate of insurance shall be filed with the City.
k. Branding and Scarification are prohibited in the City of Prior Lake.
309.900 Health and Sanitation Requirements. No person shall engage in the
practice of body art at any place in the City without complying with the following
regulations:
a. Every place where body art is practiced shall be equipped with an adequate
and conveniently located toilet room and hand lavatory for the
accommodation of employees and patrons. The hand lavatory shall be
supplied with hot and cold running water under pressure; shall be maintained
in good repair at all times; and shall be kept in a clean and sanitary condition.
Toilet fixtures and seats shall be of a sanitary open front design and readily
cleanable. Easily cleanable, covered receptacles shall provide for waste
materials. Every lavatory facility shall have an adequate supply of hand
cleansing compound and single service sanitary towels and hand drying
devices.
b. No person having any communicable blood or skin infection or other
communicable disease(s) of the blood or skin shall practice body art or shall
have body art applied to them.
c. All needles, razor blades, sharps, or other equipment utilized for penetrating
the skin shall be disposable, individually pre-packaged and pre-sterilized and
stored in a self-sealing sterilizing pouch. No such equipment shall be used for
more than one customer. Tools and supplies must be stored in dust-free
containers. All bio-hazardous waste shall be disposed of in accordance with
law. Sterilizing solutions and methods shall be used for the purpose of
sterilizing instruments other than needles, razor blades, sharps or other
equipment utilized for penetrating the skin.
d. The following procedures shall be used for skin preparation.
1. Each operator and technician shall wash their hands thoroughly with
soap and water and then dry them with a clean towel before and after
each body art procedure. Operators with skin infections of the hand
shall not perform any body art procedure.
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2. Whenever it is possible to shave the skin, pre-packaged, pre-sterilized,
disposable razor blades shall be used. (Doesn't make sense.)
3. The skin area where a body art procedure will be performed shall be
thoroughly cleaned with germicidal soap, rinsed thoroughly with
water, and sterilized with an antiseptic solution. Only single service
towels and wipes shall be used in the skin cleaning process.
4. All bandages and surgical dressings used in connection with the body
art procedure shall be individually pre-packaged, pre-sterilized, and
disposable.
e. All tables, chairs, furniture, or area on which a patron receives a body art
procedure shall be covered by single service disposable paper or clean linens,
or in the alternative, the table, chair, or furniture on which the patron receives
a body art procedure shall be impervious to moisture and shall be properly
sanitized after each body art procedure. Tables and counter tops shall be
industrial grade Formica or similar material. Drop cloths made of two-ply
paper and plastic shall be available for use as needed.
f. Every operator and technician shall provide single service towels or wipes to
each patron and such towels and wipes shall be stored and disposed of in a
sealed, dust-free container.
g. Every operator and technician shall wear clean, washable garments and
protective latex disposable gloves when engaged in the body art practice.
Each patron shall be asked if they are allergic to latex. If the patron has an
allergy to latex the operator and technician shall wear gloves made of another
suitable substitute material. If garments are contaminated with blood or body
fluids, such garment shall be removed and changed and cleaned or disposed
of.
h. Pigments used in tattooing shall be pre-made and commercially prepared and
free from bacteria and noxious agents and substances including mercury and
lead. The pigments used from stock solutions for each customer shall be
placed in a single service receptacle, and such receptacle and remaining
solution shall be discarded after use on each customer.
1. Jewelry applied or inserted as part of a body piercing procedure shall be made
of implant grade, high-quality stainless steel (300 series), solid 14K and 18K
gold, niobium, titanium, platinum, or a dense, low-porosity plastic such as
monofilament nylon, acrylic, or Lucite. Ear studs or other jewelry designed
for earlobe piercing shall not be used on other body parts. Jewelry shall have
no nicks, scratches, or irregular surfaces, which might endanger body tissues.
Jewelry shall be pre-sterilized and in a sealed package.
J. There shall not be less than one hundred fifty (150) square feet of floor space
at the place where body art procedures are performed. The procedure area
shall be well lighted and ventilated.
k. No person shall practice body art procedures while under the influence of
alcoholic beverages or illicit drugs. No customer shall have a body art
procedure performed on them while under the influence of alcoholic
beverages or illicit drugs.
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1. The operator and technician shall provide the person who has a body art
procedure performed on them with printed instructions on the approved care
of the body art during the healing process.
m. No place licensed as a body art establishment shall be used or occupied as
living or sleeping quarters.
309.1000 Penalty. Any person violating any provision of this Section is guilty of a
misdemeanor and upon conviction shall be punished not more than the maximum penalty
for a misdemeanor as prescribed by law.
309.1100 License Suspension or Revocation. The City Council may, upon ten
(10) days' written notice to the operator revoke or suspend a body art establishment
license if the licensee submitted false information or omitted material information in the
license process required by this Section. The City Council may also revoke or suspend
the license for a violation of:
a. Any provision of this Section or any other local law governing the same
activity during the license period.
b. Any criminal law during the license period which adversely affects the ability
to honestly, safely, or lawfully conduct a body art business.
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