HomeMy WebLinkAbout04-26 Body Art
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
CITY OF PRIOR LAKE
ORDINANCE NO. 04-26
AN ORDINANCE ADOPTING SECTION 309 OF PRIOR LAKE CITY CODE
REGULATING THE OPERATION OF BODY ARY ESTABLISHMENTS
WITHIN THE CITY OF PRIOR LAKE, AND AUTHORIZING SUMMARY
PUBLICATION OF THE ORDINANCE.
MOTION BY:PETERSEN
SECOND BY: BLOMBERG
The City Council of the City of Prior Lake does hereby ordain:
1, The Prior Lake City Code Section 309 is hereby adopted in its entirety as follows:
Subsections:
309,100:
309.200
309,300:
309.400:
309,500:
309,600 :
309.700 :
309,800:
309,900:
309,1000:
309,1100
SECTION 309
BODY ART ESTABLISHMENTS
Purpose
Definitions
Business License Required
Licensing Procedure
Personal Service License
Persons Ineligible for License
Places Ineligible for License
Conditions on License
Health and Sanitation Requirements
Penalty
License Suspension or Revocation
309,100
Ul.... LLOJ4 I
PURPOSE: The purpose of this Section is to regulate the business of tattooing, body piercing,
body branding, body painting and body art in order to protect the general health, safety, and
welfare of the community, The City Council is aware that activities that involve the piercing 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 protecting the general health, safety and welfare
to adopt stringent regulations governing tattooing and body piercing,
www.cityofpriorlake.com
Phone 952,447,4230 / Fax 952.447.4245
309.200
ON: 226341
DEFINITIONS: The following words and terms shall have the following meanings unless the
context clearly indicates otherwise:
Body Art: Means physical body adornment using, 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, are
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: Means 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.
Individual: Means a human being,
Operator or Technician: Means any individual who 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,
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309.300
309.400
DN: 226341
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,
BUSINESS LICENSE REQUIRED: No person, partnership, corporation, or other form of
business entity shall operate any 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,
LICENSING PROCEDURE: The application for a body art establishment business license shall
be submitted on a form provided by the City and shall include:
(1) If the applicant is an individual, the name, residence, phone number, and birth date of the
applicant 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,
(2) The name, address, phone number, and birth date of the manager of such establishment, if
different from the owners,
(3) The address and legal description of the premises where the body art establishment is to be
located,
(4) 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,
(5) 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),
3
309,501
309,502
309,503
309,504
ON: 226341
(6) The activities and types of body art that will be performed at the body art establishment.
(7) The hours of operation,
(8) The provisions made to restrict access to minors,
(9) A building plan of the premises detailing the location of all internal operations and activities,
(10)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.
(11) 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,
License Fee: The license fee is set annually by the City Council. Each application for a license
shall be accompanied by payment in full of the required license fee,
License Term: All licenses issued under this Section shall expire on December 31 of the license
year.
Licenslna 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 whetherthe premises are 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 andlor 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
Hearln!! 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.
4
309.600
309.700
DN: 226341
PERSONS INELIGIBLE 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:
(1) Is a minor at the time the application is filed;
(2) Has been convicted of any crime direc:t1y related to the occupation licensed as prescribed by
Minnesota Statutes, Section 364.D3, 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,
(3) 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,
(4) Is not a citizen of the United Stations, a resident alien, or does not have the legal authority to be
employed in the United States;
(5) Has not paid the license and investigation fees required by this Section;
(6) Has knowingly falsified or misrepresents information on the license application;
(7) Is not of good moral character or repute;
(8) Owes taxes and assessments to the State, County, School District or City that are due and
delinquent
PLACES INELIGIBLE FOR LICENSE: The following locations shall be ineligible for a license
under this Section:
(1) 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,
(2) No license shall be granted or renewed if the property is not properly zoned for body art
establishments,
(3) No license shall be granted or renewed if the premises is licensed for the furnishing of alcoholic
beverages or is an adult establishment pursuant to this Code,
(4) Any location that is not in a district zoned C-3 or C-4,
(5) No license
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309.800
309.900
ON: 226341
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 Ordinance, and all provisions of state and federal law,
(1) No person shall tattoo or pierce any person under the age of eighteen (18) except in the
presence of, and with the written permission of, the parent or legal guardian of such minor. The
consent must include both the custodial and non-custodial parents, where applicable,
(2) The license granted under this Section is for the owner and the premises or operator 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 license is incorporated and
incorporation does not affect the ownership, control, and interest of the existing licensed
establishment.
(3) All licensed premises shall have the license posted in a conspicuous place at all times,
(4) A licensee under this Section shall not be open for business before 7:00a,m, or after 10:00p,m,
(5) 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 issuing Authority, 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,
(6) No person shall solicit business or offer to perform body art services while under license
suspension or revocation by the City,
(7) The licensee shall. provide to the Issuing Authority a list of operators who perform body art
services at the licensed establishment and shall verify that each operator has received a copy of
this Section of the City Code,
(8) All licensees shall maintain a permanent record of each body art customer for a minimum of two
years, including name, address, phone number, date of birth and their signature, and the signed
parental consent forms required for minors,
(9) 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 hte licensee is
currently covered in the body art business by a liability insurance policy, The minimum limits of
coverage for such insurance shall be (a) each claim at least two hundred thousand dollars
($200,000,00); and (b) each group of claims at least five hundred thousand dollars
($500,000,00), 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,
(10)Branding and scarification are prohibited in the City of Prior Lake.
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:
13
304,901
304,902
309,903
309,904
309,905
309,906
DN: 226341
Restroom Reauired: 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 !lood 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 be covered with an adequate supply of hand cleansing compound and single service
sanitary towels and hand drying devices,
Communicable Disease: 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,
DisDosable EauiDment: 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 may be used for the
purpose of sterilizing instruments other than needles, razor blades, sharps or other equipment
utilized for penetrating the skin,
Skin PreDaration Reauirements: The following procedures shall be used for skin preparation:
a, Each operator 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 land shall not perform any body art procedure,
b, Whenever it is necessary to shave the skin, pre-packaged, pre-sterilized,
disposable razor blades shall be used,
c, 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,
d, All bandages and surgical dressings used in connection with the body art
procedure shall be individually pre-packaged, pre-sterilized and disposable,
SanitarY Surfaces: 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, Every operator and technician shall
provide single service towels or wipes for each patron and such towels and wipes shall be stored
and disposed of in a sealed, dust-free container.
ODerator SanitarY Reauirements: 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,
?
309,907
309,908
309,909
309,910
309,911
309,912
309.1000
Tattoo Piaments: 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.
Jewelry: 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 are not appropriate jewelry for other body
parts, Jewelry shall have no nicks, scratches or irregular surfaces, which might endanger the
tissues, Jewelry shall be pre-sterilized and in a sealed package,
Area: 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,
Under the Influence: 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,
Instructions: The operator and technician shall provide the person who has a body art procedure
performed on them with printed instruc:tions on the approved care of the body art during the
healing process,
Home Occupations: No place licensed as a body art establishment shall be used or occupied as
living or sleeping quarters,
PENAL TV: 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,
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; or (b) any criminal law during the license period which adversely affects the ability to
honestly, safely, or lawfully conduct a body art business,
This ordinance shall become effective from and after its passage and publication of the
summary ordinance in the official newspaper.
309.1100
Passed by the City Council of the City of Prior Lake this 4th day of October, 2004,
:~H= MayP~
ON: 226341
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