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HomeMy WebLinkAbout1999-17 10-06 APSTATE OF MINNESOTA) SS. Subscribed and sworn to on this 6 day of "N 1 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 6 day of October 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 the size and kind of type used in the composition and publication of the notice: abcdefghij klmnopgrstuvwxyz, s'' Publisher affirm d before me 1999. RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law (3) Rate actually charged 2.55 per line 6.20 per line 1.30 per line prior to termination or cancellation. A certificate of shall he filed with the City ).11 sections. L City Initiated, The Issuing Authority or desienated health professionals shall. at minimum. conduct one (1) randomly scheduled inspection of each licensed facility each year to determine compliance with City require- ments. Compliance Certification. A health professional who is retained by the licensed operator and acceptable to the Issj,ing 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 he submitted to the Issuing Authority within fifteen (15) 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. H -EALTH AND SANITATION RE- QUIREMENTS; No person shall engage in the practice of tattooing and/or body piercing at any place in the City without complying with the following reeulations• a. Every place where tattooing and/or body piercing is practiced shall be eauinned with an adequate and conve- niently located toilet room and hand lavatory for the ac- commodation of employees and patrons. The hand lavato- ry shall be supplied with hot and cold runnine water under pressure: shall be maintained in eood repair at all times' and shall he kept in a clean end sanitary condition. Toilet fixtures and seats shall be of a sanitary open front design And readily cleanable. Easily cleanable. covered recepta- cles shall he provided for waste materials. Every lavatory facility shall be provided with an adequate simply of hand cleansine compound and sinele service sanitary towels and hand drying devices. 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 niercine or shall be tattooed or body pierced. All disposable needles. razor blades. shams. or other eauinment utilized for penetrating the skin shall be indi vidnally pre- packaged and pre sterilized and stored in a self- sealing sterilizing nouch. No such enuinment shall be used for more than one customer. Tools and supplies must be stored in a dust -free container. All Lao-hazardous waste shall be disposed of in accordance with law. and disposal ro h 11 r t in A do -'t ,Sterilizing solutions and methods may be used for the pur- pose of sterilizing instruments other than needles. razor b ;1 r orot i m nt t" ,fe •n tr tin the skin when such sterilizing solutions and methods are improved by the Issuing Authority d< The following procedures shall be used for skin prepa- ration: L. Each operator shall wash his or her hands thoroughly with soap and water and then dry them with a clean towel before and after each tattoo or body piercing. Operators with skin infections of the hand shall not perform any tat- tooing or body piercing services: 2 Whenever it is possible to shave the skin. pre- pack a• c t rilize .1' •sab r .r )lad s sh. 1 b sed. 3 The skin area to be tattooed or pierced shall be thor- oughlv cleaned with germicidal soap. rinsed thoroughly with water. and sterilized with an antisentic solution an- proved by the Issuing Authority, Only single service tow- els and w pes shalt be used in the skin cleaning process. AiLbandages and surgical dressings used in connec ',n yid 'h.the tooi r ,nd/o. b.. in of ,•rs•, shall be individually nre- packaged. pre sterilized. and dis- posable. g, All tables. chairs. furniture. or area on which a patron receives a tattoo or body pierce shall he covered Iy single Service disposable paver or clean linens. or in the alterna- tive the table. chair. or furniture on which the patron re- ceives a tattoo and/or body pierce shall be i pervious to moisture and shall be Properly sanitized after each tattoo or body pierce. Tables and counter tons shall be industri- al grade Formica or similar material. Drop cloths made of two -plv nastier and plastic shall be available for use as needed. t 1 e o a o ov L 1 wines for each customer or person and such towels and wipes shall be stored and disposed of in a manner accept- able to the Issuing Authority, g, Every operator shall wear clean washable garments 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 shall be removed and changed and cleaned or disposed of in a manner acceptable to the Issuing Authority. h Pigments used in tattooing. shall bepremade and com- m i II r vl, fr om to n oxi agents and substances including mercury.. The pigments used from stock solutions for each customer shall he placed in a single service receptacle. and such receptacle and re 7naining solution shall he discarded after use on each cus- tomer in accordance with procedures approved by the Is suing Authority, i, Jewelry for the other Harts of the body shall be made of implant grade. high- auality stainless steel (300 series), +_n •i c cr .c dense low- Porosity °plastic such as monofilament nylon acrylic. or Lucite. Ear studs or other iewelry designed for earlobe piercing are not appropriate iewelry for other body parts Jewelry shall have no nicks scratches. or irregular rf•c wh'cc mi d,0 r h ye pre sterilized and in a sealed package`'` j, There shall not less than one hundred fife (150) square feet of floor space at the place where the practice of tattooing and/or body niercine is conducted. and said place shall be so lighted and ventilated as to comply with the standards approved by the issuing Authority. Is., No Person shall practice tattooing and /or body pierc- ing while under the influence of alcoholic beverages or il- licit drugs. No customer shall be tattooed and/or body pierced while under the influence of alcoholic beverages or illicit drugs. L The operator shall provide the person tattooed and /or body pierced with printed instructions on the approved care of the tattoo and/or body pierce durine the healing process 1 I arc_ m. tablishment shall be used or occupied as living or sleeping quarters. Section 23 -2312. PENALTY Any person violatine anv provision of Sections 23 -2301 through 23 -2314 is guilty of a misdemeanor and upon con viction shall he punished not more than the maxim, penalty for a misdemeanor a prescribed by law b. The City Council may upon ten (10) days written no tice to the operator and following a public hearing revoke the license or suspend the license if the licensee submittec false information or omitted material information in the It cense process required by Sections 23 -2301 through 23 2314. The City Council may also revoke the license or sus nend the license for a violation of; 1. Any provision of Sections 23 -2301 through 23 -2314 oi any other local law governing the same activity during till license period. 2: Any criminal law during the license period which ad versely affects the ability to honestly. safely. or lawfulb conduct a tattooing and /or body piercing business Section 23 -2313. HINDRANCE- Any Person hindering the efforts of City officials to investigate possible violation: of Sections 23 -2301 through 23 -2314 shall he guilty of.i misdemeanor Section 23 -2314 CONFLICT OF PROVISIONS. In any w r• rovi 'o, i•is:23- c1 th o 3 2314 is found to be in conflict with theprovision of any zon ing. building. fire. safety. or health ordinance or code in the City. the provision which establishes the higher standar( for the promotion and protection of the health and safeto of the people shall prevail. In any case where a provisiol of Sections 23 -2301 through 23 -2314 is found to be in con flict with a provision of any other ordinance or code of the City existing on the effective date of this ordinance whicl established a lower standard for the Promotion and pro tection of the health and safety of the property the nrovi Sion of Sections 23 -2301 through 23 -2314 shall be deeme( to prevail. The determination of the applicability of thi: ordinance in light of the above rules of interpretation shal he made by the City and its determination shall he final Section 2. This ordinance' shall become effective after adoption and upon thirty (30) days following its legal pub lication. Adopted this day of 1999. Mayor ATTEST: City Clerk Date of Publication: October 6, 1999 Effective Date (Strikeout indicates matter to be deleted, underline indi rates new matter.) (October 6, 1999) PI/ Tattoo City of Brooklyn Center (Official Publication) CITY 'OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 25th day of October, 1999, at 7 p.m or as soon there- after as the matter may be heard at City Hall, 6301 Shin- gle Creek Parkway, to consider 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 Piercing Establishments. 'r Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the City Clerk at 612- 569 -3300 to make arrangements. ORDINANCE NO. 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 PIERCING ESTABLISH- MENTS 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 Lions 23 -2301 through 23 -2314 as follows: Section 23- 2301. FINDINGS AND PURPOSE. The pur 11 1 1 11 „1• Bpd/or hodv piercing in order to protect 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 jn,/bodv niercing and henatitis and other health problems b The City Council finds that stringent regulations gov- erning tattooing and body niercing can minimize the he- patitis and disease risk and therefore nrotect the general health- safety and welfare of the community p, It is not the intent to prohibit tattoo and/or body pierc ine establishments from havine a reasonable opportunity to locate in the Cite 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 context clear- ly indicates otherwise a, Body Piercing Penetrating or making a hole in or through the human body to place jewelry or obiects of metal. plastic. wood bone or other foreign material on aqv area for cosmeticpurposes b„ Branding: The use of heat cold or any chemical tom pound to imprint permanent markings on human skin by any means other than tattooing. I. Clean The absence of dirt crease rubbish garbage and other offensive unsightly or extraneous matter d< Operator: Any person who performs or practices the art of tattooing and/or body Piercing on another person in connection with the oneration ofa tattoo and/or hodv pierc- ing establishment and receives compensation from the owner of the business or its patrons g, Good Repair: Free of corrosion. breaks cracks' chips patine. excessive wear and tear leaks obstructions and similar defects so a.s to constitute a sanitary workable and Bound condition. L Issuing Authority The City Manager or the Man- ager's designee g, Owner: Any individual firm. company, corporation. or .1 1 ,1 i 11 1 1 a 1 and/or body piercing is performed h. Scarification: The cutting or tearing of human skin for the purpose of creating a permanent mark or design on the skin. j. Tattoo Tattooing• The marking fth k•nofan son by insertion of permanent colors by introducing them through puncture of the skin Section 23-2303. SIJSINESS T.1f RNSF REM TIRED No person. partnership. or corooration shall operate any.es- tablishinent where tattooineand/orbody niercine is prac- ticed. nor engage in the practice of tattooing and/or hodv piercing without being licensed under Sections 23 -2301 through 23.2314. Jewelry stores and accessory stores that puns shall he exempt from this license agreement The application for a tattooing and/or body piercing estab- lishment business license shall be submitted on a form pro- vided by the City and shall include: a, If the applicant is an individual the name. residence phone number. and birth date of the anplicant- Ifthe an- nlicant 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 these persons hold ing more than five (5) nercent of the issued' and outstand- ine stock of the corporation h1. 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 premises where the tattoo and /or hodv piercing establishment is tq be located SL A statement detailing any conviction relating to tat- tooing and/or body piercing or the operation of a tattoo and/or body niercine establishment by the applicant or manager and whether or not the annlicant or manager has ever applied for or held a license to operate a similar type of business in other communities. In the case of a corno- ration. a statement detailing any felony convictions by the owners of more than five (5) percent of the issued and out Standing stock of the cornoration and whether or not those owners minerahayeaVeLaigllierifer_eLlielda_hrgasatapperataa similar type of business in other communities e, The activities and types of businesses to he conducted L The hours of operation g, The provisions made to restrict access by minors h. A buildine plan of the premises detailing all internal pperations and activities, L Whether the apnlicant, hps previously been denied a li- cense of this tvne by any other governmen)innit I The names. street addresses and business addresseq 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 ap- nlicant and nothol i dne any own rshin in th p remises or business who may he referred to as to the applicant's char- otter: Is. Whether all real estate and personal property taxes that are due and p.yable for the premises to be licensed have been paid. and if not paid. the years and amounts that are unpaid 1. All applications for a license under Sections 23 -2301 than gh 23 -2314 shall he signed and sworn to. If the ap- plication is that ofa natural person. it shall be signed and sworn to bv such person: if that of a corporation. by an'of- fcer thereof: if that ofa partnership. by one of the general partners: and if that of an unincorporated association by the manager ormanaging officer thereof Anv falsificat 00 a license: anplication shall result in the denial of a li- cense. All applications shall be referred to the I.ssuing Authori .y for verification and investigation of facts set forth in application. including any necessary criminal background checks' to assure compliance with Sections 23 -2301 through 23 -2314 The application shall he issued or denied by the Issuine Authority in accordance with Sections 23- 2301 through 23 -2314. Section 23- 2304. PERSONAL SERVICE LICENSE. No operator shall perform tattoo and/or hbdv piercing services within the City without being licensed as provided in this section: Any person desiring a personal service license shall file a written application on a form provided by the City. The application shall include the following informa- tion a. The business address and all telephone numbers where the service is to be practiced or based b. The name. birth date. complete home address,_aild telephone number of the applicant. a _t tatt experience. including but riot limited to whether or not the anplicant. in previously operating in this or another city or t•'11 h •1'• .•ye1' iu ltd 1 'n'•'. or rnitdenied revoked. or suspended and the reason therefor And the business activities or occupations subsequent to such action of denial. suspension or revocation d, All criminal convictions other than misdemeanor tra- il v'. on. 11 i_ -1 t victed 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 ap- plicant. Any falsification on a license application shall re- All applications shall be referred to the Issuing Authority for verification and investigation of facts set forth in the application including any necessary criminal background checks to assure` compliance with Sections 23 -2301 through 23 -2314. The application shall be issued or denied bv the Issuing Authority in accordance with Sections 23- 2301 through 23 -2314 Section23 -2305. LICENSE FEE a, The annual license fee is set by Ci y Council resplu- tion. b. Each application for a license shall he submitted to the City Clerk and payment made to the City Each annlica- tion for a license shall be accompanied bv payment in full of the required license fee. Upon resection of any applica tion for a license. the annlicant may he refunded a portion of the license fee in accordance with the fee resolution. ex- cept where reiection is for a willful misstatement in the li- cense annlication a All licenses shall expire on the last day of December in each year. Each license shall be issued for _period of one (1) vear. except that if a portion of the license year has el_a_paes1whaaappIkatipp_i_s_mack,_a_li for the remainder of the year for a prorated fee. In com- puting such fee. any unexpired fraction ofa month shall be counted as one (1) month. d, Once a license has heengranted. no part of the fee paid by any licensee shall be refunded. except that a zamated portion of shall be refunded in the event of the com- plete closure of business and cessation of business ac- tivities for any of the following reasons and upon applica tion to the City Clerk within thirty (30) days from the h p- penine of the event. provided that such event occurs more than thirty (30) days before the expiration of the license L Destruction or damage of the licensed premises by fire or other catastrophe. 2., The licensee's illness The licensee's death. 4. A change in the legal status making it unlawful for li- censed business to continue a Each application shall contain a provision on the ap- plication indicating that any withholding of information or the providin• gf m_misleading information will be grounds for denial or revocation of a license. Any changes in the information provided on the application or provided durine the investigation shall he brought to the attention of the City Clerk by the applicant or licensee. If said chanees take place during the investigation. said data shall be provided to the Police Chief or the Ci y Clerk in writing Section 23 -2306. INVESTIGATION FEE a, At the time of the onemal annlication for a license. the applicant shall deposit the investigation fee set .y City Council resolution Section 23 -2307 GRANTING OF LICENSF, The Issuing Authority shall complete his/her investi- pation within thirty (30) days after the Ci y Clerk receives a complete application and all license and investigation fees. b. If after such investigation. it appears that the appli- cant 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 issued by the City Council within thir- ty (30) days after the investigation is completed. Other- wise. the license shall be denied' Each license shall be issued to th applicant only and shall not he transferable to another holder. Each license shall be issued only for the premises described in the •p plication. No license may bet.ransferred to another premise without the approval of the City Council. If the li- censee is a partnership or a corporation. a change in the identity of any of the principals of the partnership or cor- poration shall be deemed a transfer of the license Anv tat- too and/or bodv piercing establishment existing at the adoption of Sections 23 -2301 through 23-2314 shall be re- quired to obtain an annual license d, If the license is denied, the annlicant may reauest a hearing before the City Council by filing a written reauest therefor with the City Clerk within fifteen (15) days after, the anplicant has received written notice of denial 'If the license application is denied by the City Council after a hearing. the applicant may appeal the decision to the ap- propriate court of comnetent iurisdiction. Ifa tattoo and/or body piercing establishment is lawfully in existence at the time of the adoption of Sections 23- 2301:thr4 gh 23 -2314 the tattoo and /or body niercine establishment may contin- ue in business until the court action is completed: Other- wise. the anplicant may not commence doing business until the iudicial action has been finally resolved. Section 23- 2308. PERSONS INELIGIBLE FOR LI- CENSE No license under Sections 23 -2301 through 23- 2314shall he issued town applicant who is a natural per- son: general ormanaeing partner ofa partnership: or man- ager proprietor. or agent of a corporation or other organi- zation if such applicant. a Is a minor at the time the annlication is filed h Hasbe convicted of any crime lat d to the occupation licensed as prescribed by Minnesota Statutes 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 prescribed by Minnesota Statutes Section 364.03. Subd. 3 a Who is overdue or whose spouse is overdue in his or her payment of City. county. or state taxes. fees. fines. or penalties assessed aeainst 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 niercine establishment or whose license has been suspended or revoked within the preceding twelve (12) months. or who is residing with any such person e, Who has not paid the license and investigation fees re- quired by this section L IS not of good moral character or repute Section 23 -2309. PLACES INELIGTRT.E FOR LICENSE No license shall be granted or renewed for operation on any property on which taxes. assessments. or other fi- nancial claims of the state. county. school district. or city r en o 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 compliance with this provision: no waiver may be granted however. for taxes or any portion thereof which remain unpaid for a pe- riod exceeding one (1) year after becoming due 1a No license shall be granted or renewed if the property is not properly zoned or does not qualify as a legal non- conforming use for tattooing and /or body piercine estab- lishments d Fo 0 v• 0 11- c. P cense shall be granted or renewed if the premises is li- censed for the furnishing of alcoholic beverages or`ie an adult establishment pursuant to Section 35-2182, d. No license shall be emitted if the premises is within 300 feet ofa church. school. day care center. hospital on- sale liquor establishment. halfway house currency ex- change operation. theater.' residence. Pawnshop. second- hand eoods dealer or massaee parlor,' 'Section 23- 2310. CONDITIONS OF LICENSE. Every license shall be granted subject to the following conditions' and all other provisions of Sections 23 -2301 through 23- 2314. and of any applicable sections of the 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 nierce any person under the age of eighteen (18) extent 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 no 0,1 -n h 11. The license granted under Sections 23 -2301 through 23 -2314 is for the owner and the premises or operator named on the approved license annlication. No transfer of 3. license shall be permitted from place -to -place or from person -to- person without first complying with the re auirements of an original annlication. except in the case in which an existing non corporate licensee is incorporated and incorporation does not affect the owl hip control and interest of the existing licensed establishment. c. All licensed premises shall have the license posted: in 3 conspicuous place at all times, d. A licensee under Sections 23 -2301 through 23 -2314 shall not be onen for business for tattooing and/or body piercing before 7:00 a.m. or after 10:00 p m g The tattoo and/or body niercine establishment license is only effective for the compact and contiguous space spec hied in the approved 'license 'application. If the license4 premise is enlarged. altered. or extended. the licensee shall inform the issuing Authority. No person shall engage in the practice of tattooing and/or body piercing at any place other than the place or location named or described in the annlication and license. A separate room shall be required for body piercing and tattooing services The ap- plicant shall submit a drawing to scale of the tattoo and/or body piercing facilities f. No person shall solicit business or offer to perform tat tooing and /or body piercing services while under license suspension or revocation by City g, The licensee shall he responsible for the conduct of the business being operated and shall at all times maintain conditions of order h. The licensee shall provide to the Issui g Authority list of operators who perform tattooing and/or body nierc- jug at the licensed establishment and shall verify that each o h •c•i 1, of 1 n1 f 1 auirements and Sanctions for License Violations as appear in Sections23 -2301 through 23 -2314 L 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 tipsiness bv a liability insurance policy. The min- imum limits of coverage for such insurance shall be; 1 Fach 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