City Council Ordinance 329ORDINANCE NO. 329
CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLE 3, THE BUSINESS AND LICENSE
REGULATIONS OF MONTICELLO CITY CODE BY ESTABLISHING LICENSE
REGULATIONS FOR TATTOO AND BODY PIERCING BUSINESSES BY ADDING
SECTION 14.
THE CITY COUNCIL OF THE CITY OF MONTICELLO DOES HEREBY ORDAIN:
Section 1. That the Monticello City Code Title 3 be amended by adding thereto a
new Chapter 14 to read as follows:
CHAPTER 14
TATTOO AND/OR BODY PIERCING ESTABLISHMENTS
)-14-1 Purpose
1-14-2 Definitions
3 -14-3 License Required
3-14-4 Application Content -License Application
3-14-5 Application Execution
3-14-6 ADDlication Verification
3-14-7 Fees
3-14-8 Persons Ineligible for a License
3-14-9 Locations Ineligible for a License
3-14-10 General License Requirements
3-14-11 Health and Sanitation Reauirements
3-14-12 Sanctions for License Violations
)-14-13' Penalty
3-14-14 Severability
3-14-1 PURPOSE: The purpose of this section is to regulate the business of tattooing
and/or body piercing in order to protect the health, safety and welfare of the
general public. The City Council finds that the experience of other cities indicates
that there is a connection between tattooing/body piercing and hepatitis and other
problems. The City Council finds that the stringent regulations governing
tattooing and body piercing can minimize the hepatitis and disease risk, and
therefore protects the general health and welfare of the community.
3-14-2 DEFINITIONS: The following words and terms, when used in this Chapter
shall have the following meanings unless the context clearly indicates otherwise.
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Published in the Monticello Times on September 23, 1999.
3-14-3
BODY PIERCING: Penetrating or making a hole in or through the
human body to place jewelry or objects of metal or
plastic on any area for cosmetic purposes.
CERTIFICATE OF Written approval from the designated City
INSPECTION: representative or agency that the tattooing
and/or body piercing establishment has been
inspected and meets all the requirements of the
chapter relating to physical facilities, equipment
and layout for the operation of the establishment.
CLEAN: The absence of dirt, grease, rubbish, garbage, and
other offensive, unsightly or extraneous matter.
EMPLOYEE: Any person over eighteen (18) years of age other
than an operator who renders any service in
connection with the operation of a tattoo and/or
body piercing establishment and receives
compensation from the operator of the business or
its patrons.
GOOD REPAIR: Free of corrosion, breaks, cracks, chips, pitting,
excessive wear and tear, leaks, obstructions, and
similar defects so as to constitute a good and sound
condition.
ISSUING AUTHORITY: The City Administrator or his/her designee.
OPERATOR: Any individual, firm, company, corporation or
association that owns or operates an establishment
where tattooing and/or body piercing is performed
and any individual who performs or practices the art
of tattooing/body piercing on another person.
TATTOO, TATTOOING: Any method of placing designs, letters, scrolls,
figures, symbols or any other marks upon, under or
in the skin with ink or any other substance resulting
the coloration of the skin by the aid of needles or
any other instruments which puncture any portion of
the skin to any degree.
LICENSE REQUIRED: No person shall operate any establishment where
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tattooing and/or body piercing is practiced, nor engage in the practice of tattooing
and/or body piercing without being licensed pursuant to this Chapter. All licenses
issued pursuant to this Chapter shall expire on December 31St of the year in which
the license is issued. Renewal of an expired license shall be administered
pursuant to application for a new license as set forth in this Chapter. A state
licensed physician who engages in the practice of tattooing and/or body piercing
shall be exempt from the license requirement. Jewelry stores and accessory stores
that provide exclusively ear piercing services using piercing guns shall be exempt
from this license requirement.
1-14-4 APPLICATION CONTENT -LICENSE APPLICATION: Every application
for a license under this Chapter shall be made on a form supplied by the Issuing
Authority and shall request the following information:
(A) If the applicant is a natural person:
1. The name, place and date of birth, street residence address, and
phone number of the applicant.
2. Whether the applicant is a citizen of the United States, a resident
alien, or is able to legally be employed in the United States.
3. Whether the applicant has ever used or has been known by a name
other than the applicant's name, and if so, the name or names used
and information concerning dates and places where used.
4. The name of the business if it is to be conducted under a
designating name, or style other than the name of the applicant and
a certified copy of the certificate as required by Minnesota
Statutes, Section 333.01.
5. The street addresses at which the applicant has lived during the
preceding five (5) years.
6. The type, name and location of every business or occupation in
which the applicant has been engaged during the preceding five (5)
years, and the name(s) and addresses(s) of the applicant's
employer(s) and partners(s), if any, for the preceding five (5) years.
7. Whether the applicant has ever been convicted of a felony, crime
or violation of any ordinance other than a petty misdemeanor. If so,
the applicant shall furnish information as to the time, place and
offense for which convictions were had.
(B) If the applicant is a partnership:
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1. The name(s) and address(es) of all general and limited partners
and all information concerning each general partner required in
sub -part A of this section.
2. The name(s) of the managing partner(s) and the interest of each
partner in the tattooing establishment.
3. A true copy of the partnership agreement shall be submitted with
the application. If the partnership is required. to file a certificate as
to a trade name pursuant to Minnesota Statutes, Section 3' )3.0 a
certified copy of such certificate shall be attached to the resolution.
(C) If the applicant is a corporation or other business:
1. The name of the corporation or business formed, and if
incorporated, the state of incorporation.
2. A true copy of the Certificate of Incorporation. Articles of
incorporation or association agreement, and bylaws shall be
attached to the application.
3. The name of the manager(s), proprietor(s), or other agent(s) in
charge of the business and all information concerning each
manager, proprietor, or agent required in sub -part A of this section.
(D) For all applicants:
1. Whether the applicant holds a current tattooing and/or body
piercing license from any other governmental unit.
2. Whether the applicant has previously been denied a tattooing
and/or body piercing license from any other governmental unit.
3. The location of the business premises and the legal description
thereof.
4. 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.
5. Whenever the applications for premises either planned or under
construction or undergoing substantial alterations, the application
shall be accompanied by a set of preliminary site and building
plans, if not already on file with the City, showing the design of
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the proposed premises to be licensed.
6. Such other information the City Council or the Issuing Authority
may require.
3-14-5 APPLICATION EXECUTION: All applications for a license under this
Chapter shall be signed and sworn to. If the application is that of a natural person,
it shall be signed and sworn to by such person; if that of a corporation, by an
officer thereof, if that of a partnership, by one of the general partners; and if that
of an unincorporated association, by the manager or managing officer thereof.
Any falsification on a license application shall result in the denial of a license.
3-14-6 APPLICATION VERIFICATION: All applications shall be referred to the
Issuing Authority for verification and investigation of the facts set forth in the
application, including any necessary criminal background checks to assure
compliance with this Chapter. The application shall be issued or denied by the
Issuing Authority in accordance with Sections 8 and 9 of this Chapter. The City
Administrator shall issue a tattoo and/or body piercing establishment permit
within thirty (3 0) days of receipt of the application, unless the Administrator finds
that:
(A) The correct license fee has not been tendered to the City and, in the case
of a check or bank draft, honored with payment upon presentation.
(B) The operation, as proposed by the applicant, if permitted, would not
comply with all applicable laws, including, but not limited to, the City's
business, zoning and health regulations.
(C) The applicant has knowingly made any false, misleading or fraudulent
statement of fact in the application for the permit or in any document
required by the City in connection therewith.
(D) The applicant has operated a tattoo establishment and has had a license
denied, revoked or suspended for any of the above cases by the City or any
other state or local agency within two (2) years prior to the date of the
application.
(E) The applicant if an individual, or any of the officers and directors if the
applicant is a corporation, or any of the partners, including limited
partners, if the applicant is a partnership, and the manager or other person
principally in charge of the operation of the business is not over the age
of twenty-one (21) years.
3-14-7 FEES:
(A) Application Fee:
1. The application fee shall be set by resolution of the City Council.
2. The license application fee shall be paid in full before the
application for a license shall be accepted. Upon rejection of any
application, the license fee shall be refunded in full to the applicant
except where rejection is for a willful misstatement in the license
application.
3. Separate application fees shall be paid for establishments providing
both tattooing and body piercing services.
(B) Investigation Fee: An applicant for any license under this Chapter shall
pay the City at the time an original application is submitted, a
nonrefundable fee at a rate set by the City Council resolution to cover the
costs involved in verifying the license application and to cover the expense
of any investigation by the City's designated representative or agency
needed to assure compliance with this Chapter. In the event an
establishment is adding more than one service at a different time,
additional investigation fees shall be paid for investigation needed to
assure compliance with this Chapter.
(C) License Fee:
1. Separate license fees shall be paid for each process of tattooing and
body piercing service. This fee shall be paid annually with the
license expiring on December 31 of the year in which the license
is issued.
2. The annual license fee shall be set by City Council resolution.
3-14-8 PERSONS INELIGIBLE FOR LICENSE:
(A) No license under this Chapter shall be issued to an applicant who is
a natural person if such applicant:
1. Is a minor at the time the application is filed.
2. Has been convicted of any crime directly related to the occupation
licensed as prescribed by Minnesota Statutes Section 364.03,
Subd. 2, and has not shown competent evident of sufficient
rehabilitation and present fitness to perform the duties of the
licensed occupation as prescribed by Minnesota Statutes,
Section 364.03, Subd. 3.
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3. Is not a citizen of the United States, a resident alien, or does not
have a the legal authority to be employed in the United States.
4. Is not of good moral character or repute.
(B) No license under this Chapter shall be issued to a partnership if such
partnership has any general partner or managing partner:
1. Who is a minor at the time the application is filed.
2. Who has been convicted of any crime directly related to the
occupation license as prescribed by Minnesota Statutes,
Section 364.03, Subd. 2, and who has not shown competent
evidence of sufficient rehabilitation and present fitness to perform
the duties of the licensed occupation as prescribed by Minnesota
Statutes, Section 364.03, Subd. 3.
3. Who 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.
4. Is not of good moral character or repute.
(C) No license under this Chapter shall be issued to a corporation or other
organization if such applicant has any manager, proprietor, or agent in
charge of the business to be licensed:
1. Who is a minor at the time the application is filed.
2. Who has been convicted of any crime directly related to the
occupation licensed as prescribed by Minnesota Statutes,
Section 364.03, Subd. 2, and who has not shown competent
evidence of sufficient rehabilitation and present fitness to perform
the duties of the licensed occupation as prescribed by Minnesota
Statutes, Section 364.03, Subd. 3.
3. Who 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.
4. Is not of good moral character or repute.
3-14-9 LOCATIONS INELIGIBLE FOR A LICENSE: The following locations shall
be ineligible for a license under this Chapter.
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(A) Taxes Due on Property. 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. In the event a suit has been commenced under Minnesota
Statutes, Section 278.01-278.03, questioning the amount or validity of
taxes, the City Council may on application waive strict compliance with
the 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.
(B) Improper Zoning. No license shall be granted or renewed if the property
is not properly zoned or does not qualify as a legal nonconforming use for
tattooing and/or body piercing establishments under Title 10 of this Code.
(C) Premises Licensed for Alcoholic Beverages. No license shall be granted
or renewed if the license for the furnishing of alcoholic beverages pursuant
to Title 3, Chapter 2 of this Code or is license as a sexually -oriented
business pursuant to Title 3, Chapter 13 of this Code.
314-10 GENERAL LICENSE REQUIREMENTS:
(A) Tattoos on Minors. No person shall tattoo 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.
(B) Prohibition on License Transfer. The license granted under this Chapter
is for the operator and 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 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) Hours of Operation. A licensee under this Chapter shall not be open for
business for tattooing and/or body piercing before 7:00 AM nor after
11:00 PM.
(D) Licensed Premises. The tattoo and/or body piercing establishment license
is only effective for the compact and contiguous space specified in the
approved license application. If the licensed premises is enlarged, altered,
or extended, the licensee shall inform the Issuing authority. No person
shall engage in the practice of tattooing at any place other than the place or
location named or described in the application and license. A separate
room shall be required for body piercing and tattooing services. The
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applicant shall submit a drawing to scale of the tattoo/body piercing
facilities.
(E) Effect of License Suspension or Revocation. No person shall solicit
businesses or offer to perform tattooing services while under license
suspension or revocation by the City.
(F) Maintenance of Order. The licensee shall be responsible for the conduct
of the business being operated and shall at all times maintain conditions of
order.
(G) Employee Lists. The licensee shall provide to the Issuing Authority a list
of employees including operators who perform tattooing at the licensed
establishment and shall verify that each employee has received a copy of
Sections 10 and 11 of this Chapter. Each operator shall submit evidence
of apprenticeship of at least thirty days under a licensed tattoo artist.
(H) Liability Insurance. 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 business by a liability insurance policy. Such insurance shall be
kept in force during the term of the license and shall provide for
notification to the City prior to terminating or cancellation. A certificate
of insurance shall be filed with the City. 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).
3-14-11 HEALTH AND SANITATION REQUIREMENTS: No person shall engage in
the practice of tattooing and/or body piercing at any place in the City without
complying with the following regulations:
(A) Lavatory Requirement. Every place where tattooing and/or body piercing
is practice 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 be provided for waste materials.
Every lavatory facility shall be provided with an adequate supply of hand
cleansing compound and single service sanitary towels or hand drying
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devices.
(B) Skin Infection. No person having any skin infection or other diseases
of the skin shall be tattooed or body pierced.
(C) Sterilization and Disposal of Bio -Hazardous Materials. All needles, razor
blades, sharps or other equipment utilized for penetrating the skin shall be
individually pre-packaged, pre -sterilized and disposable. No such
equipment shall be used on more than one customer. All bio -hazardous
waste shall be disposed of in accordance with law, and disposal procedures
shall be approved by the Issuing Authority. 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 when such sterilizing solutions and methods are approved by the
Issuing Authority and Wright County Public Health Department.
(D) Skin Preparation Procedures. The following procedures shall be used for
skin preparation:
1. Each operator shall wash his or her hands throughly with soap and
water and then dry them with a clean towel before and after each
tattoo and/or body piercing. Operators with skin infections of the
hand shall not perform any tattooing and/or body piercing services.
2. Whenever it is necessary to shave the skin, pre-packaged,
pre -sterilized, disposable, razor blades shall be used.
3. The skin area to be tattooed and/or body pierced shall be
thoroughly cleaned with germicidal soap, rinsed thoroughly with
water, and sterilized with an antiseptic solution approved by the
issuing authority. Only single service towels and wipes shall be
used in the skin cleaning process.
(E) Operating Furniture. All tables, chairs, furniture, or area on which a
patron receives a tattoo and/or body pierce shall be covered by single
service disposal paper or clean linens, or in the alternative, the table, chair
or furniture on which the patron receives a tattoo and/or body pierce shall
be impervious to moisture and shall be properly sanitized after each tattoo
and/or body pierce.
(F) Towels. Every operator shall provide single service towels or wipes for
each customer or person and such towels or wipes shall be stored and
disposed of in a manner acceptable to the issuing authority.
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(G) Garments of Operator. Every operator shall wear clean, washable
garments 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.
(H) Pigments. Pigments used in tattooing shall be sterile and free from
bacteria and noxious agents and substance including mercury. 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 in accordance with
procedures approved by the issuing authority.
(I) Jewelry. Jewelry for the other parts of the body shall be made of implant
grade, high-quality stainless steel (300 series), solid 14K or 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.
(,I) Minimum Floor Space. there shall not be less than one hundred fifty
(15 0) square feet of floor space at the place where the practice of tattooing
and/or body piercing is conducted, and said place shall be so lighted and
ventilated as to comply with the standards approved by the Issuing
Authority.
(K) Influence of Alcohol and Drugs. No person shall practice tattooing and/or
body piercing while under the influence of alcoholic beverages or illicit
drugs. No customer shall be tattooed and/or body pierced while under the
influence of alcoholic beverages or illicit drugs.
(L) Written Instructions. 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 during the healing process.
(M) Living Quarters. No place licensed as a tattoo and/or body piercing
establishment shall be used or occupied as living or sleeping quarters.
(N) Other. The operator shall comply with any and all other regulations or
conditions of operation determined to be necessary by the Issuing
Authority, Wright County Public Health Department or the State of
Minnesota for the protection of the public health, safety and general
welfare.
3-14-12 SANCTIONS FOR LICENSE VIOLATIONS:
(A) The City Council may revoke the license or suspend the license for a
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violation of:
1. Any provision of this Chapter or any other local law governing
the same activity during the license period.
2. Any criminal law during the license period which adversely
affects the ability to honestly, safely, or lawfully conduct a
tattooing and/or body piercing business.
(B) The City Council may, upon ten (10) days written notice to the operator
and following a public hearing, revoke the license or suspend the license
if the licensee submitted false information or omitted material information
in the license process required by this Chapter.
3-14-13 PENALTY: A violation of this Chapter shall be a misdemeanor under
Minnesota law.
1-14-14 SEVERABILITY: If any section, subsection, sentence, clause, or phrase of this
Chapter is for any reason held to be invalid, such decision shall not affect the
validity of the remaining portions of this Chapter. The City Council hereby
declares that it would have adopted the Chapter in each section, subsection,
sentence, clause, or phrase thereof, or phrases be declared invalid.
Section 2. This Ordinance shall be effective following its passage and publication.
ADOPTED this 23rd day of August, 1999 by the City Council of the City of Monticello.
ATTEST:
C' I, � L4 4 wi,i
Rick Wolfsteller, y Administrator
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Roger Aelsaas, Mayor