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HomeMy WebLinkAbout1999-17 11-03 APSTATE OF MINNESOTA) SS. "J i kiDEL M. HECE NOTARY PUBUC MINNESOTA HENNEPIN COUNTY 1irCoctrtiistto ExpiresJaa.31, 2C00 s ascc rW; a Banc eiaat4tvoo abcdefghijklmnopgrstu Subscribed and swor t r affirme before me on thi■') day of f 1999. newspapers AFFIDAVIT OF PUBLICATION COUNTY OF HENNEPIN) Frank Chilinski, being duly sworn on an oath states or affirms, that he is the publisher of the newspaper known as Sun -Post or the president's designated agent, and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minn. Stat. §331A.02, §331A.07, and other applicable laws, as amended. (B) The printed public notice that is attached was published in the newspaper once each week, for one successive weeks; it was first published on Wednesday, the 3 day of November 1999, and was thereafter printed and published on every Wednesday to and including Wednesday, the day of 1999; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being `size and kind of type used in the composition and publication of the notice: RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law (3) Rate actually charged Publisher 2.55 per line 6.20 per line 1,30 per line the license or su-pend the license if the Licensee submit- ted false information or omitted material information !D the license process required by Sections 23 -2301 through n ilm: :1..1 •v.k h 1' suspend the icense for a violation of: L Any provision of Sections 23 -2301 through 23 -2314 or any other local law governing the same activity during the license perio 2, Ally criminal law dining the license period which ad- versely affects the ability to honesty. safely. or lawfully conduct a tattooing and/or body piercing business 5 11 ,1 1/ 1 1'•Y1.' the efforts of City officials to investigate nossible viola- tions of Sections 23 -2301 through 23 -2314 shall be guilty of a misdemeanor, s 11 LI_TO P IIN .:I case where a provision of Sections 23 -2301 through 23- 2314 is found to be in conflict with the provision of a1y zoning. building fire. safety. or health ordinance or code in the City. the provision which establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail. In any case where a provision of Sections 23 -2301 through 23 -2314 is found I to be in conflict with a provision of any other ordinance or code of the City existing on the effective date of this ordi- nance which established a lower standard for the promo- tion and protection of the health and safety of the prop ertx the provision of Sections 23 -2301 through 23 -2314 shall be deemed to prevail. The determination of the ap- plicability of this ordinance in light of the above rules of interpretation shall he made by the City and its deternii- natioi shall be final. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal pub- lication. Adopted this 25th day of October, 1999. Myrna Kragness, Mayor ATTEST Sharon Knutson, City Clerk Date of Publication: November 3, 1999 Effective Date: December 3, 1999 (Strikeout indicates matter to be deleted, underline indi- cates new matter.) (November 3, 1999) Pl! Ord 99 -17 City of Brooklyn Center (Official Publication) CITY OF BROOKLYN CENTER NOTICE OF ORDINANCE ADOPTION ORDINANCE NO. 99-17 AN ORDINANCE AMENDING CHAPTER 23 OF THE BROOKLYN CENTER CITY ORDINANCES BY ADDING NEW SECTIONS 23 -2301 THROUGH 23 -2314 THERETO ESTABLISHING LICENSE REGULATIONS FOR TATTOO AND BODY PIERC- ING ESTABLISHMENTS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 23 of the City Ordinances of the City of Brooklyn Center is hereby amended by adding new Sec- tions 23 -2301 through 23 -2314 as follows: Section 23 -2301. FINDINGS AND PURPOSE. The Pur- pose of thipLtewtior itttp rPvulate the business of tattooing and /or hodv piercing in order to nrotect the general health safety and welfare of the community, a, The City Council finds that the experience of other cities indicates that there is a connection between tattoo- ing/body piercing and hepatitis and other health nroh lems. 11. The City Council finds that stringent regulations gov- erning tattooing and body piercing can minimize the he- patitis and disease risk and therefore protect the gener- al health safety nd welfare of the community, c. It is not the intent to prohibit tattoo and/or body pierc- ing establishments from having a reasonable opportuni- ty to locate in the City. Section 23 -2302. DEFINITIONS. The following words And terms when used in Sections 23 -2301 through 23- 2314 shall have the following meanings unless the con- text clearly indicates otherwise a, Bode Piercine: Penetratine or making a hole in or through the human body to place jewelry or objects of metal plastic wood hone. or other foreign material on any ar a for m i purrt ores b. :r:1.'1•: h I ol. :1 h mi al pound to imnrint permanent markings on human skin by spy means other than tattooing. Clean: The absence of dirt grease rubbish garbage and other offensive unsightly or extraneous matter Operator: Any person who Performs or practices the art of tattooine and/or body piercing on another person in connection with the operation of a tattoo and/or hodv piercing establishment and receives compensation from the owner of the business or its patrons e. Good Repair: Free of corrosion breaks cracks. chips, pitting excessive wear and tear leaks obstructions and and sound condition J__11 r L Issuing Authority. The City Manager or the Man- ager's designee g. Owner Any individual firm comnanv corporation or association that owns an establishment where tattoo- .•.r.rn•. h. Scarification: The cutting or tearing of human skin for the purpose of creating a- permanent mark or design on the skin L Tattoo Tattooing: The marking of the skin of a per- son by insertion of permanent colors by introducing them through puncture of the skin, Section 23 -2303. BTJSINESS IJCENSE REQTJIRED. No person partnership or corporation shall overate any es- tablishment where tattooing and/or body piercing is prac- ticed nor engage in the practice of tattooing and /or body piercing without being licensed under Sections 23 -2301 through 23 -2314. Jewelry stores and accessory stores that exclusively provide ear Qi rcine s rvic a i ns Pi ercin g guns shall he exempt from this license agreement The application for a tattooing and/or bndv piercing es- tablishment business license shall be submitted on a form provided by the City and shall include: B, If the applicant is an individual. the name residence phone number. and birth date of the applicant lithe ap- plicant is a partnership. the name residence phone num- ber. 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 hold- ing more than five (5) percent of the issued and out- standing stock of the corporation b, The name, address phone number, and birth date of the manager of such establishment if different from the owners The address and legal description of the preens v,i,, �.ce i in.1'c.313F V:iLabiisgment Is to 1 located d,. A statement detailin any conviction cal g t tat tooing and/or body piercing or the operation of a tattoo end/or body piercing establishment by the applicant or manager and whether or not the applicant or manager has ever applied for or held a license to gperate a similar type of business in other communities. In the case of a corporatinn. a statement detailing any felony convictions y the owners of more than five (5) percent of the issued and outstanding stock of the corporation and whether er sh. •v li or. h 1 •n pperate a similar type of business in other communities I. 1 g. The activities and types of bu siness c to he pc t ed, L The hours of operation g The provisions made to restrict access by minors IL A huildineplan of the premises detailing all internal operations and activities j,. Whether the applicant has previously been denied a license of this type by any other government unit j of three (3) residents of Dakota. Hennepin. Ramsey, Anoka Washington. Scott. nr Carver Counties who are of good moral character and who are not r lat d to the aP- :1. I• .in• r r i business who may be referred to as to the applicant's character, 1511.1 .d '1• :addr• s• k. a r that are due and payable for the premises to be licensed 0 Js t have been paid, and if not paid. the years an Lemo •nts that are unpaid I. All applications for a license under Sections 23 -2301 through 23 -2314 shall be signed and sworn to. If the an- plication is that of a natural person. it shall be signed and sworn to by such person: if that of a corporation. by an of- ficer thereof: if that of a partnership. by one of the gener- al partners: and if that of an unincorporated association by the manager or managing officer thereof. Anv falsifi- cation on a license application shall result in the denial of a license, All applications shall be referred to the Issuing Authori- ty for verification and investigation of facts set forth in the application. including any necessary criminal hack ground checks to assure compliance with Sections 23- 2301 through 23 -2314 The application shall be issued or denied by the Issuing Authority in accordance with Sec- tions 23 -2301 through 23 -2314 Section 23 -2304. PERSONAL SERVICE LICENSE. No operator shall perform tattoo and/or body piercing ser- vices within the City without being licensed as provided in this section. Any person desiring a personal service li- cense shall file a written application on a form provided by the City. The application shall include the following information; a. T bu 1• ••r• where the service is to be practiced or based L T .1 b' L dat i t telephone number of the applicant tion 1 .11P ('0 1 r experience. including but not limited to whether or not the applicant. in previously operating in this or another city or state under license or permit. has had such license or permit. denied. revoked. or suspended and the reason therefor. and the business activities or occupations sub- 1 011 n d. All criminal convictions other than misdemeanor traffic violations. fully disclosing the jurisdiction in which convicted or arrested and the circumstances thereof. e All applications for a license under Sections 23 -2301 through 23 -2314 shall be signed and sworn to by the plicant. Any falsification on a license application shall re- sult in the denial of a license r •4 11 :IS the application including any necessary criminal back- ground checks to assure compliance with Sections 23- 21 h li 11 denied by the Issuing Authority in accordance with Sec- tions 23 -2301 through 23 -2314, Section 23 -2305. LICENSE FEE a, The anneal 11rpnse fee is set by City Council resolu- tion b, Each application for a license shall be submitted to the City Clerk and payment made to the City. Each ap plication for a license shall be accompanied by payment in full of the required license fee. Upon reiection of any application for a license. the applicant may be refunded a portion of the license fee in accordance with the fee reso- lution. except where reiection is for a willful misstate- ment in the license a .plication e All licenses shall expire on the last day of December in each year. Each license shall be issued for a period of one (1) ve.. except that if aportion of the license year has elapsed when application is made a license may he issued for the remainder of the year for a prorated fee. In com- puting such fee. any unexpired fraction of a month shall be counted as one (1) month d. Once a license has been granted. no part of the fee paid by any licen shall b ref m d xc p ha a pro rated portion of the fee shall be refunded in the event of the complete closure of the business and cessation of busi- ness activities for any of the following reasons and upon application to the City Clerk within thirty (30) days from the happening of the event. provided that such event oc- curs more than thirty (30) days before the expiration of the licen.se.- 1. D •s r i• o th• ns•. •po fire or other catastrophe 2. The licensee's illness. 3 The licensee's death 4 A change in the legal status making it unlawful for li- censed business to continue. plication indicating that any withholding of information or the providing of false or misleading information will be grounds for denial or revocation of a license. Any changes in the information provided on the application or provid- ed during the investigation shall be brought to the atten- tion of the City Clerk by the applicant or licensee. If said changes take place during the investigation said data writing. Section 23 -2306. INVESTIGATION FEE a: At the time of the original application for a license the applicant shall deposit the investigation fee set by City Council resolution Section 23 -2307. GRANTING OF IJCENSE a. ieI Auth•r' -1 .1•t•hi- i' i v• gation within thirty (30) days after the City Clerk receives a complete application and all license and investigation fees. b, If. after such investigation. it appears that the apnli- cant and the place proposed for th b ins ar t' 'bl for a licence under the Brit rig set forth in this ction then the license shall be issued by the City Council with- in thirty (30) days after the investigation is completed Otherwise. the license shall be denied, h l' shall not be transferable to another holder. Each license all be issued only for the premises described in th an plication. No license may be transferred to another premise without the approval of the City Council. If the licensee is a partnership or a corporation. a change in the identity of any of the principals of thepartnership or cor- poration shall he deemed a transfer of the license. Anv tattoo and/or body piercing establishment existing at the adoption of Sections 23 -2301 through 23 -2314 shall he re- quired to obtain an annual license d. If the license is denied. the applicant may request a hearing before the City Council by filing a written request therefor with the City Clerk within fifteen (15) days after the applicant has received written notice of denial. If the 1 h onl license application is denied by the City Council after q hearing the applicant may aripeal the decision to the ap- propriate court of competent jurisdiction. If a tattoo and/or body piareing establishment is lawfully in exis i i. ;2 1 u• .t•. •.I 0 through 23 -2314 the tattoo and/or body piercing estab- lishment may continue in business until the court action is completed. Otherwise. the applicant may not com- mence doing business until the iudicial action has been fi- nally resolved, Section 23 -2308. PERSONS INELIGIBJ.F FOR LI- CENSE. No license under Sections 23 -2301 through 23- 2314 shall be issued to an applicant who is a natural per .1 11.1:• n of. hi manager,proprietor. or agent of a corporation or other or- ganization if such applicant: a. Is a minor at the time the application is filed. k, Has been convicted darn crime directly related to the o li•n Section 364.03. Subd. 2. and has not shown competent ev- idence of sufficient rehabilitation and present fitness to perform the duties of the licensed occupation as pre- scribed by Minnesota Statutes. Section 364.03. Subd. 3 c, Who is overdue or whose spouse is overdue in his or her payment of City. county. or state taxes. fees. fines. or penalties assessed against them or imposed upon them. d, Who has been denied a license by the City or any other Minnesota municipal corporation to operate a tattoo and/or body piercing establishment or whose license has been suspended or revoked within the preceding twelve (12) months. or who is residing with any such person g, Who has not paid the license and investigation fees required by this section L Is not of good moral character or repute. Section 23- 2109. PLACES INELIGIBLE FOR LICENSE •r r r u is a, No license shall hegranted or renewed for operation on any property on which taxes. assessments or other fi- nancial claims of the state. county. school district. or city pre due. delinquent. or unpaid In the event a suit has been commenced under Minnesota Statutes. Section 278.0- 278.03. questioning the amount or validity of taxes the Ci y Council may on application waive strict compli- ance with this provision: no waiver may be granted. how- ever. for taxes or any portion thereof which remain unpaid for a period exceeding one (11 year after becoming due 1f. No license shall he granted or renewed if the proper- ty is not properly zoned or does not qualify as a legal non- conforming use for tattooing and/or body piercing estab- lishments, c. Premises Licensed For Alcoholic Beverages. No li- 1 t r I i-• censed for the furnishing of alcoholic beverages or is an adult establishment pursuant to Section 35 -2182 L No license shall be granted if the premises is within 300 feet of a church school day care center hospital on- sale liquor establishment. halfway house. currency ex- change operation. theater. residence. pawnshop. second- hand goods dealer. or massage parlor. Section 23 -2310. CONDITIONS OF LICENSE Every license shall he granted subject to the following 01 'on. h •r .ro f o 2 0 f 1 h City Code. the City's zoning ordinances. the Building Code. the Fire Code. the City's health regulations. and all provisions of state and federal law. a, No person shall tattoo or pierce any person under the age of eighteen (18) excent in the nresence of. and with the written permission of. the parent or legal guardian of such minor. The consent must include both the custodial and npn-_custodial parents, where applicable L. The license granted under Sections 23 -2301 through 23 -2314 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- toperson without first complying with the re- auirements of an original application. except in the case in which an existing non corporate licensee is incorporat- ed and incorporation does not affect the ownership. con- trol. and interest of the existing licensed establishment c, All licensed premises shall have the license posted in a conspicuous place at all times. 4 A licensee under Sections 23 -2301 through 23 -2314 shall not he open for business for tattooing and/or body piercing before 7:00 am or after 10:00 p.m. g, The tattoo and/or bodvpiercing establishment license is only effective for the compact and contiguous space specified in the approved license application. If the li- en r•mis• is enlar•ed altere .r d t censee shall inform the Issuing Authority. No person shall engage in the prarticQvf tattooing and/or body pierc- ing at any place other than the Place o• loc named or described in the .pplication send license. A separate room shall be required for body piercing and tattooing services. The annlicant shall submit a drawing to scale of the tat- too and/or body piercing facilities. L No person shall solicit business or offer to perform tat- tooing and/or body piercing 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 k The licensee shall provide to the Issuing Authority a list of operators who perform tattooing and/or body pierc- ing at the licensed establishment and shall verify that each operator has received a copy of Health and Safety Requirements and Sanctions for License Violations as ap- pear in Sections 23 -2301 through 23 -2314. 1 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 tattoo and/or body piercing business by a liability insurance Policy. The min- imum limits of coverage for such insurance shall be• .L Each claim. at least Two Hundred Thousand Dollars (1200.000) •'J. :II e..t 1. sand 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 in- surance shall be filed with the City. j Inspections. I. City Initiated. The Issuing Authority or designated health nrofessionals shall. at minimum. conduct one (1) randomly scheduled insnection of each licensed facility each year to determine compliance with Ci y require- ments, 2 Compliance Certification. A health professional who is retained by the licensed onerator and acceptable to the Issuing Authority shall inspect the licensed premises in the month of November of each calendar year Said in- spection is to determine compliance with City require- ments and a written report documenting findings shall be suhmitted to the Issuing Authority within fifteen (151 days from the date on which the inspection took place. k. Branding and Scarification are prohibited in the City of Brooklyn Center Section 23 -2311. HEALTH AND SANITATION RE- QTJIREMENTS. No person shall engage in the practice of tattooing and/or body piercing at any place in the City without complvine with the following regulation Every place where tattooing and/or body piercing is practiced shall he enniooed with an adequate and conve- niently located toilet room and hand lavatory for the ac- commodation of employees and patrons. The hand lava- tory shall be supplied with hot and cold running water under pressure: shall he maintained in good repair at all times: and shall he 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 be provided for waste materials. Every lavatory facility shall be provided with an adequate sup 1 :n. 1•.n •..I I. :1* tare towels and hand drying devices Li No person having any communicable blood or skin in- fection or other communicable diseases of the blood or skin shall practice tattooing and/or body piercing or shall be tattooed or body pierced g. All disposable needles razor blades. sharps. or other s b vidually pre packaged and pre- sterilized and stored in a self sealing sterilizing pouch. No suc equipment shall he n• .m ..111-t s;• waste shall he disposed of in accordance with law, and dis- Dos procedures shall be approved by the Issuing Au- thority. Sterilizine solutions and methods m .y be used for the purpose of sterilizing instruments other than nee- dles ra'nr blades sharps or other equipment utilized for ri izin• olu methods are approved by the Issuing Authority d The following procedures shall be used for skin prepa- ration: Each operator shall wash his or her hands thorough- ly with soap and water and then dry them with a clean towel before and after each tattoo or body piercing. Op- erators with akin infections of the hand shall not perform any tattooing or hodv Piercing services 2, Whenever it is Possible to sh :ve the skin. ore -pack- aged. ore sterilized. disoosable razor blades shall be used 1 The skin area to be tattooed or pierced shall be thor- oughly cleaned with germicidal soap rinsed thoroughly with water. and sterilized with an antiseptic solution ap- proved by the Issuing Ahnrity ()nlv_sinsle service tow- els and wipes shall he used in the skin cleaning process 4 1 bn i •.1 tion with the tattooing and/or body piercing deny person shall he individually pre packaged pre- sterilized and disposable. g, All tables. chairs. furniture. or area on which a patron receives a tattoo or hodv pierce shall be covered by single service disposable paner or clean linens. or in the alter- native. the table. chair. or furniture on which the patron receives a tattoo and/or body pierce shall be impervious to moisture and shall heproperly sanitized after each tattoo or body pierce. Tables and counter tops shall be industri- al grade Formica or similar material. Drop cloths made of two -ply paper and plastic shall he available for use as needed onnec- f. Every operator shall provide single service towels or ea h of •r or •-r ,o .n u to ;n wipes shall be stored and disposed of in a manner accept- able to the Issuing Authority g or 11 w clea ashabl arments and protective latex disposable gloves when engaged in the practice of tattooing and/or body piercing. If garments are contaminated with blood or body fluids. such garment 1b• r•uo a do .n•• to 1•. i e of in a manner acceptable to the Issuing Authority h. Pigments used in tattooing shall be premade and commercially nrepared and free from bacteria and nox- ious agents and substances including mercury. Thepig- ments used from stock solutions for each customer shall i r t e •.1 eh rece a cle and remaining solution shall he discarded after use on each customer in accordance with procedures approved by the Issuing Authority. L Jewelry for the other parts of the body shall be made g 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 i ot1• .•lr e' 1• fir earlobe piercing are not appropriate iewelry for other body Parts. Jewelry shall have no nicks. scratches. or ir- regular surfaces• which might endanger the tissues..lew- elry shall he pre sterilized and in a sealed package L Th•r• -1.11. i. .1 1 .r-t 51 square feet of floor space at the place where the practice of tattooing and/or body piercing is conducted. and said place shall he so lighted and ventilated as to comply with 1 t. ard- r. b the I u• ho i k No person shall practice tattooing and /or body p Mgrs. ing while under the influence of alcoholic beverages nr il- licit drugs. No customer shall be tattooed and /or body pierced while under the influence of alcoholic beverages or illicit drugs. 1. The operator shall provide the person tattooed and/or body pierced with printed instructions on the anni e 1• at t.•r••t r. urin t process 111 No place licensed as a tattoo and /or body piercing es- t:bi•hm -nt 11 e sed •roc •i•. as ivinr or le• ing quarters, Section 23 -2312. PENALTY. a, Any person violating any provision of Sections 23- 2301 through 23 -2314 is guilty of a misdemeanor and upon conviction shall be punished not more than the max- imum penalty for a misdemeanor as prescribed by law. b. The City Council may. upon ten (10) days written no- tice to the operator and following a public hearing. revoke