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Bloomington Overview
Bloomington, MN Code of Ordinances
BLOOMINGTON, MINNESOTA CODE OF ORDINANCES
ADOPTING ORDINANCE
PART I CITY CHARTER
PART II CITY CODE
CHAPTER 1: INTERPRETATION AND ENFORCEMENT OF THE CITY CODE
CHAPTER 2: ADMINISTRATION
CHAPTER 3: ELECTIONS
CHAPTER 4: TAXES
CHAPTER 5: PUBLIC FACILITIES AND PROPERTY
CHAPTER 6: FIRE PREVENTION AND PROTECTION
CHAPTER 7: EMERGENCY PLANNING AND OPERATIONS
CHAPTER 8: TRAFFIC, VEHICLES AND PARKING
CHAPTER 9: HOUSING OPPORTUNITY AND PRESERVATION
CHAPTER 10: ENVIRONMENTAL CONTROL
CHAPTER 11: WATER, WASTEWATER, SOLID WASTE AND REFUSE UTILITY SERVICES
CHAPTER 12: PUBLIC PEACE AND SAFETY
CHAPTER 13: ALCOHOLIC BEVERAGE CONTROL
CHAPTER 14: LICENSES AND PERMITS
ARTICLE I: GENERAL PROVISIONS
ARTICLE II: PUBLIC ENTERTAINMENT LICENSES AND REGULATIONS
ARTICLE III: ANIMAL LICENSES
ARTICLE IV: BUSINESS LICENSES AND REGULATIONS
DIVISION A: ALARM SYSTEMS
DIVISION B: COURTESY BENCHES AND NEWSPAPER RACKS
DIVISION C: CURRENCY EXCHANGE BUSINESSES
DIVISION D: ESCORT SERVICES AND ESCORTS
DIVISION E: HAWKERS, PEDDLERS AND TRANSIENT MERCHANTS
DIVISION F: MECHANICAL CONTRACTORS
DIVISION G: RESERVED
DIVISION H: INSTALLERS OF TANKS CONTAINING FLAMMABLE OR COMBUSTIBLE LIQUID OR GAS
DIVISION I: LAUNDROMATS
DIVISION J: TEMPORARY RECYCLING EVENTS
DIVISION K: MASSAGE
DIVISION L: CANNABIS BUSINESSES AND LOWER-POTENCY HEMP BUSINESSES REGISTRATION
DIVISION M: PAWNBROKERS
DIVISION N: RESERVED
DIVISION O: SEASONAL SALES/CHRISTMAS TREE SALES
DIVISION P: SERVICE STATIONS/BULK OIL AND GASOLINE STORAGE PLANTS
DIVISION Q: SEXUALLY-ORIENTED BUSINESSES
DIVISION R: SOLICITORS
DIVISION S: TANNING FACILITIES
DIVISION T: BODY ART ESTABLISHMENTS
DIVISION U: RESERVED
DIVISION V: TEMPORARY PRECIOUS METAL DEALERS
DIVISION W: SALE OF TOBACCO-RELATED PRODUCTS
DIVISION X: PRECIOUS METAL DEALERS
DIVISION Y: SALE OF PERMITTED CONSUMER FIREWORKS
DIVISION Z: SECONDHAND GOODS DEALERS
DIVISION AA: RESERVED
ARTICLE V. FOOD ESTABLISHMENT, LODGING ESTABLISHMENT AND PUBLIC POOL REGULATIONS
ARTICLE VI: TIME-OF-SALE HOUSING EVALUATIONS AND MANUFACTURED HOME PARK REGULATIONS
ARTICLE VII: SIGN PERMITS AND LICENSES
ARTICLE VIII: RENTAL HOUSING CODE
ARTICLE IX. FARMERS MARKETS
ARTICLE X: ARTS AND CRAFTS FESTIVAL
CHAPTER 15: BUILDINGS AND STRUCTURES
CHAPTER 16: STORM WATER MANAGEMENT, STORM UTILITY, AND WETLANDS
CHAPTER 17: STREETS AND RIGHTS-OF-WAY
CHAPTER 18: TREES
CHAPTER 19: ZONING
CHAPTER 20: FRANCHISES
CHAPTER 21: ZONING AND LAND DEVELOPMENT
CHAPTER 22: SUBDIVISION AND PLATTING
CHAPTER 23: LABOR
APPENDIX A: ADMINISTRATIVE RELIEF AND FEE SCHEDULE
APPENDIX B: FEES AND SERVICE CHARGES SCHEDULE (ADOPTED BY RESOLUTION)
APPENDIX C: FINE SCHEDULE (ADOPTED BY RESOLUTION)
PARALLEL REFERENCES
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§ 14.372 STANDARDS FOR TANNING EQUIPMENT.
   (a)   Any new or remodeled must submit for approval by the a to-scale facilities plan in sufficient detail to ascertain compliance with conditions in this Division S and pay the corresponding plan review fee listed in City Code Appendix A.
   (b)   The must be constructed in conformance with the approved plans. The Building and Inspection Division will not issue a building permit for a new or remodeling or alteration permit for an existing facility until such plans have the approval of the . The will inspect the as frequently as necessary during the construction to ensure that the construction occurs in conformance with this Division S of the city code. The will conduct a final construction inspection prior to the start of operations and issuance of a license.
   (c)   The owner or must use only manufactured according to 21 C.F.R., part 1040.20. The exact nature of compliance must be based on the standards in effect at the time of manufacture as shown on the device identification label required by 21 C.F.R., part 1010.3.
   (d)   Each assembly of must be designated for use by only one at a time and must be equipped with a timer that complies with 21 C.F.R., part 1040.20(c)(2). The maximum timer interval may not exceed the manufacturer's maximum recommended exposure time. No timer interval may have an error exceeding plus or minus ten percent of the maximum timer interval for the product.
   (e)    must meet the National Fire Protection Association National Electrical Code.
   (f)    must include physical barriers to protect from injury induced by touching or breaking the lamps.
   (g)   The owner or must replace defective or damaged lamps, bulbs, or filters with a type intended for use in the affected as specified on the product label and having the same spectral distribution.
   (h)   The owner or must replace ultraviolet lamps and bulbs, which are not otherwise defective or damaged, at a frequency or after a duration of use as may be recommended by the manufacturer of the lamps and bulbs.
   (i)   The owner or must maintain a record of when the bulbs or lamps in each tanning booth or bed were replaced according to paragraphs (e) and (f).
   (j)    must have a control that enables the user to manually terminate radiation without pulling the electrical plug or coming in contact with the ultraviolet lamp.
   (k)   The   must instruct each user on:
      (1)   The proper position to maintain relative to the tanning lamps;
      (2)   The position of the safety railing, where applicable;
      (3)   The manual switching device to terminate radiation; and
      (4)   Maximum time of exposure.
   (l)   The   must inspect the facility to ensure that the floors are dry before each individual's use.
   (m)   The   must monitor the use of the facility to ensure that the interior temperature does not exceed 100 degrees Fahrenheit.
   (n)   The   must comply with sanitizing procedures specified by the manufacturer of the between users.
   (o)   Tanning booths designed for stand-up use must comply with the following additional requirements:
      (1)   Booths must have physical barriers or other means, such as handrails or floor markings, to indicate the proper exposure distance between ultraviolet lamps and the consumer's skin;
      (2)   Booths must be constructed with sufficient strength and rigidity to withstand the stress of use and the impact of a falling ;
      (3)   Access to booths must be of rigid construction; and
      (4)   Booths must be equipped with handrails and nonslip floors.
(1958 Code, § 147.041) (Ord. 71-38, passed 6-7-1971; Ord. 74-114, passed 11-18-1974; recodified by Ord. 95-13, passed 8-7-1995; Ord. 2014-18, passed 12-1-2014; Ord. 2016-10, passed 5-16-2016; Ord. 2021-39, passed 11-29-2021)
§ 14.373 OPERATING REQUIREMENTS.
   (a)   Each must have on hand at all times an adequately trained in the correct operation of the equipment so as to be able to inform and assist the public in its proper use.
   (b)   The owner or must prohibit a under age 18 from using any type of as defined by § 14.370 available in the .
   (c)   The owner or must conspicuously post the warning signs described in paragraphs (1) and (2) within three feet of each tanning station. The sign must be clearly visible, not obstructed by any barrier, equipment, or other object, and must be posted so that it can be easily viewed by the before energizing the .
      (1)   The warning sign required in paragraph (c) must have dimensions not less than eight inches by ten inches, and must have the following wording:
      “DANGER -
      -Follow instructions.
      -Avoid overexposure. As with natural sunlight, overexposure can cause eye and skin injury and allergic reactions. Repeated exposure may cause premature aging of the skin and skin cancer.
      -Wear protective eyewear.
         FAILURE TO USE PROTECTIVE EYEWEAR MAY RESULT
         IN SEVERE BURNS OR LONG-TERM INJURY TO THE EYES.
      -Medications or cosmetics may increase your sensitivity to the . Consult a physician before using sunlamp or if you are using medications or have a history of skin problems or believe yourself to be especially sensitive to sunlight.”
      (2)   All must prominently display a sign in a conspicuous place, at the point of sale, that states it is unlawful for a or to allow a under age 18 to use any .
   (d)   Each will perform the following functions as a precondition to access by the public to the .
      (1)   The must review verbally the warning information in § 14.373(c)(1) with each desiring to use the .
      (2)   The must maintain a record of each consumer's total number of tanning visits at the facility, and the dates and durations of tanning exposures for a period of three years after exposure.
      (3)   The must provide protective goggles and require each wear goggles while using . The protective goggles must meet the requirements of 21 C.F.R., part 1040.20(c)(4). The owner or must ensure that the protective goggles required by this section are properly sanitized before each use unless the goggles are owned by the , and must not rely upon exposure to the produced by the itself to provide the sanitizing.
      (4)   Convenient toilet facilities and dressing rooms must be provided with all . Toilet facilities must include a water closet and handwashing sink. Toilet facilities and dressing roomsmust be clean and in working order at all times.
(1958 Code, § 147.05) (Ord. 65-33, passed 6-14-1965; Ord. 68-102, passed 12-30-1968; Ord. 71-28, passed 5-10-1971; Ord. 74-114, passed 11-18-1974, renumbered to § 147.06; recodified by Ord. 95-13, passed 8-7-1995; Ord. 2016-10, passed 5-16-2016)
§ 14.374 PENALTY.
   Unless otherwise specifically noted herein, a violation of any provision of this Division S is a misdemeanor under Minnesota law. In addition, the provisions of this Division S are subject to enforcement by administrative citations and subject to civil fines pursuant to the Civil Hearing Process set forth in Chapter 1, Article II of this code, as well as by civil district court action.
(1958 Code, § 147.06) (Ord. 65-33, passed 6-14-1965; Ord. 68-102, passed 12-30-1968; Ord. 74-114, passed 11-18-1974, renumbered to § 147.07; recodified by Ord. 95-13, passed 8-7-1995; Ord. 2016-10, passed 5-16-2016)
§ 14.375 SEVERABILITY.
   If any section, subsection, sentence, clause or phrase of this Division S is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Division S. The City Council hereby declares that it would have adopted the ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.
(1958 Code, § 147.07) (Ord. 65-33, passed 6-14-1965; Ord. 74-114, passed 11-18-1974, renumbered to § 147.08; recodified by Ord. 95-13, passed 8-7-1995; Ord. 2016-10, passed 5-16-2016)
DIVISION T: BODY ART ESTABLISHMENTS
§ 14.376 GENERAL PROVISIONS.
   (a)   Purpose. The purpose of this Division T is to regulate the business of in order to protect the health and welfare of the general public. The principal objectives of this Division T are:
      (1)   To prevent disease transmission;
      (2)   To correct and prevent conditions that may adversely affect utilizing ;
      (3)   To provide standards for the design, construction, operation and maintenance of ; and
      (4)   To meet consumer expectations of the safety of .
   (b)   Scope. This Division T shall apply to all performing procedures and all where and are conducted.
   (c)   Exemptions. Board-certified medical or dental personnel that tattoo, pierce or remove tattoos as part of a medical or dental procedure is exempt from this Division T. Also, piercing only the outer perimeter or lobe of the ear using pre-sterilized stud and clasp ear-piercing system are exempt from this Division T’s license requirements.
   (d)   Prohibitions. No shall:
      (1)   Conduct , , , , or of another ;
      (2)   Tattoo a minor;
      (3)   Pierce or tattoo the genitalia or nipples of a minor;
      (4)    pierce a minor;
      (5)   Practice or piercing while under the influence of alcohol, controlled substances as defined in M.S. § 152.01, subd. 4, as it may be amended from time to time, or hazardous substances as defined in the rules adopted under M.S. Chapter 182, as it may be amended from time to time; or
      (6)   Operate a or perform procedures as described in this Division T without a license.
(1975 Code, § 14.376) (Ord. 80-16, passed 4-21-1980; Ord. 92-36, passed 7-27-1992; recodified by Ord. 95-13, passed 8-7-1995; amended by Ord. 2009-19, passed 7-6-2009; Ord. 2010-31, passed 12-6-2010; Ord. 2018-4, passed 2-12-2018)
§ 14.377 DEFINITIONS.
   The following words and terms, when used in this Division T, shall have the following meanings unless the context clearly indicates otherwise.
   AFTERCARE. Written instructions given to the client, specific to the procedure(s) rendered, on caring for the and surrounding area. These instructions must include information on when to seek medical treatment.
   ANTISEPTIC. An agent that destroys disease-causing microorganisms on human skin or mucosa.
   APPRENTICE. A working under the direct supervision of a licensed (s) in a licensed to learn the skills of the trade.
   APPRENTICESHIP. An agreement an has with a licensed (s) learning the skills of or piercing while working under the direct supervision of a licensed (s) in a licensed establishment.
   BODY ART. Physical body adornment using, but not limited to, the following techniques: , and . This definition does not include practices that are considered part of a medical procedure performed by board certified medical or dental personnel, such as, but not limited to, under the skin. Such medical procedures shall not be performed in a . This Division T definition shall not include piercing of the outer perimeter or lobe of the ear using pre-sterilized stud and clasp ear piercing system.
   BODY ART ESTABLISHMENT. Any structure or venue, whether permanent, temporary or mobile, where the practices of , whether or not for profit, are performed. Mobile establishments include vehicle-mounted units, either motorized or trailered, and readily moveable without dissembling and where procedures are regularly performed in more than one geographic location.
   BODY PIERCING. The penetration or puncturing of human skin by any method, for the purpose of inserting or other objects, in or through the human body. BODY PIERCING shall not refer to any medical procedure performed by board certified medical or dental personnel. Also, BODY PIERCING shall not refer to the puncturing of the outer perimeter or lobe of the ear using pre-sterilized stud and clasp ear-piercing system.
   BODY SCARIFICATION or SCARRING. Any method of applying a scar to the body for the purpose of creating a permanent mark or design on the skin.
   BRANDING. Any method using thermal cautery, radio hyfrecation, striking or any other method 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. The absence of dirt, grease, rubbish, garbage and other offensive, unsightly or extraneous matter.
   CONTAMINATED WASTE. Any liquid or semi-liquid blood or other potentially infectious materials; contaminated items that would release blood or other potentially infectious materials in a liquid or semi-liquid state if compressed; items that are caked with dried blood or other potentially infectious materials and are capable of releasing these materials during handling; and any wastes containing blood and other potentially infectious materials, as defined in 29 C.F.R. part 1910.1030, known as “Occupational Exposure to Bloodborne Pathogens.”
   COSMETIC TATTOOING. Also called micropigmentation or permanent makeup. See definition of TATTOOING.
   CUTTING. The practice of cutting the skin, mucosa or part of the body to create a permanent scar or division of tissue for the purpose of . CUTTING shall not refer to any medical procedure performed by board certified medical or dental personnel.
   DISINFECTION. The destruction of disease-causing microorganisms on inanimate objects or surfaces, thereby rendering the objects safe for use or handling.
   EQUIPMENT. 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 .
   ESTABLISHMENT PLAN. A to-scale drawing of the establishment’s layout illustrating the requirements of this Division T.
   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.
   GUEST ARTIST. A who performs procedures under a current license or meets the requirements of § 14.379(f).
   HANDSINK. A lavatory equipped with hot and cold water held under pressure, used solely for washing hands, wrists, arms or other portions of the body.
   HEALTH AUTHORITY. The City Environmental Health Division, designated employees or other designated agents.
   HOT WATER. Water at least 110°F.
   IMPLANTING. To fix or set securely an object in or under tissue and includes, but is not limited to, passed three-dimensional applications. IMPLANTING does not include medical procedures including, but not limited to, pacemaker insertion, cosmetic surgery and reconstructive surgery performed by board certified medical and dental personnel.
   ISSUING AUTHORITY. The City of Bloomington License Section.
   JEWELRY. Any personal ornament inserted into a newly pierced area.
   LIQUID CHEMICAL GERMICIDE. A tuberculocidal disinfectant or sanitizer registered with the Environmental Protection Agency.
   MICRODERMAL. A single-point perforation of any body part other than an earlobe for the purpose of inserting an anchor with a step either protruding from or flush with the skin.
   OPERATOR. Any who controls, operates or manages activities at a and who is responsible for compliance with these regulations, whether actually performing activities or not.
   PERSON. Any individual, partnership, corporation or association.
   PROCEDURE AREA. The physical space or room used solely for conducting procedures.
   PROCEDURE SURFACE. The surface area of furniture or accessories that may come into contact with the client’s clothed or unclothed body during a procedure and the area of the client’s skin where the procedure is to be performed and the surrounding area, or any other associated work area requiring sanitizing.
   REMODEL. Any change to the current establishment requiring either a building or trades permit for the work to proceed. REMODEL does not include changes to the front desk area, waiting area, painting, wallpapering, or carpeting, even if a permit is otherwise required. Adding a new workstation, plumbing changes or expanding into an adjacent space to add workstations are examples of REMODELING. REMODELING also means any changes to an previously submitted to the .
   SAFE LEVEL. Not more than 50 colonies of microorganisms per four square inches of or .
   SANITIZATION. A process of reducing the numbers of microorganisms on surfaces and to a .
   SCARIFICATION. An indelible mark fixed on the body by the production of scars.
   SHARPS. Any object, sterile or contaminated, that may purposefully or accidentally, cut or penetrate the skin or mucosa including, but not limited to, pre-sterilized needles, scalpel blades and razor blades.
   SHARPS CONTAINER. A closed, puncture-resistant, leak-proof container labeled with the international biohazard symbol, used for handling, storage, transportation and disposal of .
   SINGLE USE. Products or items intended for one time use and are disposed of after use on each client including, but not limited to, cotton swabs or balls, tissues or paper products, paper or plastic cups, gauze and sanitary coverings, razors, piercing needles, tattoo needles, scalpel blades, stencils, ink cups and protective gloves.
   STANDARD PRECAUTIONS. Guidelines and controls published by the Centers for Disease Control (CDC) as “guidelines for prevention of transmission of human immunodeficiency virus and hepatitis B virus to health-care and public-safety workers” in Morbidity and Mortality Weekly Report (MMWR), June 23, 1989, Vol. 38, No. S-6, and as “recommendation for preventing transmission of human immunodeficiency virus and hepatitis B virus to patients during exposure-prone invasive procedures,” in MMWR, July 12, 1991, Vol. 40, No. RR-Subd. T. This method of infection control requires the employer and the employee to assume that all human blood and specified human body fluids are infectious for HIV, HVB and other blood pathogens. PRECAUTIONS include handwashing, gloving, personal protective , injury prevention and proper handling and disposal of needles, other sharp instruments, and blood and body fluid contaminated products.
   STERILIZATION. A process resulting in the destruction of all forms of microbial life, including highly resistant bacterial spores.
   SUBDERMAL IMPLANTATION. The implantation of an object entirely below the dermis.
   SUSPENSION. The piercing of human tissue with large gauge fishing hooks or other piercing apparatus to raise or lower a with pulleys or other apparatus.
   TATTOOING. Any method of placing ink or other pigments into or under the skin or mucosa with needles or any other instruments used to puncture the skin, resulting in permanent coloration of the skin or mucosa. This definition includes all forms of .
   TECHNICIAN. Any licensed by the State Department of Health and registered with the city under this Division T who conducts or practices procedures at a .
   TEMPORARY BODY ART ESTABLISHMENT. Any place or premises operating at a fixed location where an or performs procedures for no more than four continuous days, in conjunction with a single event and not more than three events in a calendar year.
   TONGUE BIFURCATION. The of the tongue from the tip to the base, forking at the end.
(Ord. 75-21, passed 5-5-1975; Ord. 92-36, passed 7-27-1992; recodified by Ord. 95-13, passed 8-7-1995; amended by Ord. 2009-19, passed 7-6-2009; Ord. 2010-31, passed 12-6-2010)
§ 14.378 LICENSE AND REGISTRATION REQUIRED.
   No shall own or operate a without a license, nor shall any perform procedures or engage in any enterprises described in § 14.376 of this Division T, unless a registration has been obtained. Licenses and registrations must be prominently displayed in a public area of the establishment.
   The following individuals may perform procedures within the scope of their practice without a technician’s license: a physician licensed under Minnesota Statutes, chapter 147, a nurse licensed under Minnesota Statutes, sections 148.171 to 148.285, a chiropractor licensed under Minnesota Statutes, chapter 148, a physician’s assistant licensed under Minnesota Statutes, chapter 147A, a dental professional licensed under Minnesota Statutes, chapter 150A, an acupuncturist licensed under chapter 147B, or a operating in accordance with the requirements of § 14.379.
(Ord. 75-21, passed 5-5-1975; Ord. 92-36, passed 7-27-1992; recodified by Ord. 95-13, passed 8-7-1995; amended by Ord. 2009-19, passed 7-6-2009; Ord. 2010-31, passed 12-6-2010; Ord. 2018-4, passed 2-12-2018)
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