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HomeMy WebLinkAbout2011-01 03-14 CCO CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 14th day of March, 2011, at 7:00 p.m. or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider amendments to Chapter 23 of the City Code relating to tattoo and body piercing establishments. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please notify the City Clerk at 763 -569 -3300 to make arrangements. ORDINANCE NO. 2011 -01 AN ORDINANCE AMENDING AND REPEALING CERTAIN SECTIONS OF CHAPTER 23 RELATING TO TATTOO AND BODY PIERCING ESTABLISHMENTS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 23- 006.05 of the Brooklyn Center City Code is amended as follows: Section 23- 006.05. PAYMENT OF PROPERTY TAXES REQUIRED. No license shall be granted or renewed for tobacco related products; bowling alleys; public dancing; filling stations; pawnbrokers; secondhand goods dealers; motor vehicle dealerships; saunas and sauna baths; massage parlors; rap parlors, conversation parlors, adult encounter groups, adult sensitivity groups, escort services, model services, dancing services, or hostess services; or amusement devices tat400 an d b p - ing establishments 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. In the event a suit has been commenced under Minnesota Statutes, Section 278.01- 278.03, questioning the amount of validity of taxes, the City 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 period exceeding one (1) year after becoming due. Section 2. Section 23 -2301 of the Brooklyn Center City Code is amended as follows: Section 23 -2301. FPIDPrGS AND PURPOSE LOCATION OF TATTOO AND BODY ART AND PIERCING ESTABLISHMENTS. The purpose of this section is to regulate the location business of tattooing ands body art an d piercing establishments licensed pursuant to Minnesota Statutes Chapter 146B in order to protect the general health, safety, and welfare of the community. a. The City Couneil finds that the expefienee of other- eities indieates that thel- Ii. V1 eopmeetion between autteeing' body pier- and h epe`ifis a-ad other- rhealta pr y. ORDINANCE NO. 2011 -01 b. The City Getineil finds that str-iagen4 r-egula4iens goveming tattooing and b . . . - ean minifnize the hepatitis and disease risk, a-ad therefore pr-eteet th-e C. it is not the ipAen4 to prohibit tat4ee and/or- body pier-eing establisImnents ftofn h av i ng reason epp eAtmity t 1,,eate i th Cuter a. No tattoo or body art or piercing establishment shall be located on property that is not properly zoned or does not qualify as a legal nonconforming use for such establishment. b. No tattoo or body art or piercing establishment shall be located on premises licensed to furnish alcoholic beverages. C. No tattoo or body art or piercing establishment shall be located on the premises of an adult establishment pursuant to Section 35- 2182. d. No tattoo or body art or piercing establishment shall be located on premises within 300 feet of, or in the same building as, or on the same legally subdivided lot, piece, or parcel of land as any of the following uses: a church, school, day care center, hospital; on -sale liquor establishment, halfway house, currency exchange operation, theater, residence (except as allowed under state law), pawnshop, secondhand goods dealer, massage parlor, sauna, or another tattoo or body art or piercing establishment. Section 3. The following sections of the Brooklyn Center City Code relating to Tattoo and Body Piercing Establishments are repealed in their entirety: 23 -2302 (Definitions); 23- 2303 (Business License Required); 23 -2304 (Personal Service License); 23 -2305 (License Fee); 23 -2306 (Investigation Fee); 23 -2307 (Granting of License); 23 -2308 (Persons Ineligible for License); 23 -2309 (Places Ineligible for License); 23 -2310 (Conditions of License); 23 -2311 (Health and Sanitation Requirements); 23 -2312 (Penalty); 23 -2313 (Hindrance); and 23 -2314 (Conflict of Provisions). Section 4. The Brooklyn Center City Code is amended by adding the following new Section 23 -2302: Section 23 -2302. PENALTY. Any person violating Section 23 -2301 is guilt misdemeanor and upon conviction shall be punished not more than the maximum ep nal for a misdemeanor as prescribed by law. ORDINANCE NO. 2011 -01 Section 5. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this 14 day of March 2011. Mayor ATTEST: City Clerk Date of Publication: March 24, 2011 Effective Date: April 23, 2011 (Stfikee indicates matter to be deleted, underline indicates new matter.) I _