§ 14.379 ESTABLISHMENT LICENSE APPLICATION.

   No person shall engage in body art activities at any place other than a licensed body art establishment . Every application for a license under this Division T shall be made on a form supplied by the issuing authority for approval by the Health Authority and shall request the following information:

   (a)   Individual applicants. 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, 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 designation, name or style other than the name of the applicant and a certified copy of the certificate as required by M.S. § 333.02, as it may be amended from time to time;

      (5)   The street addresses at which the applicant has lived during the preceding five years;

      (6)   The type, name and location of every business or occupation in which the applicant has been engaged during the preceding five years, and the name(s) and address(es) of the applicant’s employer(s) and partner(s), if any, for the preceding five years; and

      (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)   Partnership applicants. If the applicant is a partnership:

      (1)   The name(s) and address(es) of all general and limited partners and all information concerning each general partner required in subsection (a) above;

      (2)   The name(s) of the managing partner(s) and the interest of each partner in the body art establishment ; and

      (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 M.S. § 333.02, as it may be amended from time to time, a certified copy of such certificate shall be attached to the application.

   (c)   Corporations and other associations. If the applicant is a corporation or other type of business association:

      (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. If the applicant is a foreign corporation, a certificate of authority as required by M.S. § 303.02, as it may be amended from time to time, shall be attached to the application; and

      (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 subsection (a) above.

   (d)   All applicants. For all applicants:

      (1)   Whether the applicant holds a current body art license from any other governmental unit;

      (2)   Whether the applicant has previously been denied a body art 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 application is for premises either planned or under construction or undergoing substantial alterations, the application shall be accompanied by a set of preliminary plans showing the design of the proposed premises to be licensed. If the plans of design are on file with the City Building and Inspection Division or Health Authority , no plans need be submitted to the issuing authority ;

      (6)   Whether the applicant has had a registration or license for body art revoked or denied by the city or any other governmental body within three years before the application date;

      (7)   The applicant’s hours of operation, on-site management and park facilities;

      (8)   An executed data privacy advisory and consent form authorizing the release of criminal history information from each of the individuals, partners and corporate officers having an interest in the business;

      (9)   Proof of worker’s compensation insurance as required by M.S. § 176.182, as it may be amended from time to time, and the applicant’s Minnesota business tax identification number, as required by M.S. § 270c.72, as it may be amended from time to time;

      (10)   The website and electronic mail address for business and each of the individuals, partners and corporate officers having interest in the business; and

      (11)   Such other information the City Council or the issuing authority may require.

   (e)   Technician registration application. An application for a body art technician registration shall be made on a form supplied by the issuing authority and shall request the following information:

      (1)   The applicant’s name and current address;

      (2)   The applicant’s current employer;

      (3)   The applicant’s employers for the previous five years, including the employer’s name, address and dates of employment;

      (4)   The applicant’s addresses for the previous five years;

      (5)   The applicant’s date of birth, home telephone number, weight, height, color of eyes and color of hair;

      (6)   Whether the applicant has ever been convicted of any felony, crime or violation of any ordinance other than a minor traffic offense and, if so, the time, place and offense for which convictions were had;

      (7)   Whether the applicant has ever used or been known by a name other than the applicant’s name, and if so, the name or names and information concerning dates and places where used;

      (8)   Description of body art procedures to be performed;

      (9)   Name and business address of licensed body art establishment (s) where body art procedures will be performed;

      (10)   Current proof of successful completion in the year preceding application of an approved five hour course on bloodborne pathogens and prevention of disease transmission. Courses considered approved by the Health Authority may include those administered by on the following: the American Red Cross, United States Occupational Safety and Health Administration (OSHA) or the Alliance of Professional Tattooists;

      (11)   Each technician registration shall include proof of training and experience, which must include a signed affidavit as proof of completion of supervised apprenticeship for a minimum of 200 hours in the area which the applicant is seeking a license or current license issued from another health agency;

         (A)   For a tattoo technician license an applicant must complete a minimum of 200 hours of tattoo experience under supervision;

         (B)   For a body piercing technician license an applicant must perform 250 body piercings under direct supervision and 250 body piercings under indirect supervision; and

         (C)   For a dual body art technician license an applicant must complete a minimum of 200 hours of tattoo experience under supervision and perform 250 body piercings .

      (12)   Proof of licensure by the State Department of Health; and

      (13)   Such other information as the City Council or issuing authority shall require.

   (f)   Apprenticeship and guest artist procedures.

      (1)   No person shall start an apprenticeship or conduct body art procedures as a guest artist , until a licensed and registered technician registers the apprenticeship or guest artist with the Health Authority on forms provided by the Health Authority . The following information is required for registration:

         (A)   The name and address of the licensed establishment where the apprentice or guest artist will be training or working;

         (B)   The name of the apprentice or guest artist ;

         (C)   The name(s) of the licensed and registered technician (s) conducting the apprenticeship or sponsoring the guest artist . If more than one person is conducting the apprenticeship , then a lead technician must be identified on the application;

         (D)   The starting date of the apprenticeship or guest artist ;

         (E)   The anticipated completion date of the apprenticeship or guest artist ; and

         (F)   Proof of licensure by the State Department of Health.

      (2)   Only a technician who has been licensed as a body art technician for at least two years in Minnesota or in a jurisdiction with which Minnesota has reciprocity may supervise a temporary technician or apprentice.

      (3)   Any technician who agrees to supervise more than two temporary technicians or apprentices during the same time period must provide to the Minnesota Commissioner of Health and the Health Authority a supervisory plan that describes how the technician will provide supervision to each temporary technician or apprentice.

      (4)   The Minnesota Commissioner of Health may refuse to approve as a supervisor a technician who has been disciplined in Minnesota or in a jurisdiction with which Minnesota has reciprocity.

      (5)   At least one of the licensed and registered technician (s) listed in subsection (f)(1)(C) above shall be present at all times when the apprentice is conducting body art procedures.

      (6)   The sponsoring licensed and registered technician is not required to be present at all times when a guest artist is conducting body art procedures if the guest artist provides to the Health Authority , upon registration, the information required in subsections (e)(10) and (e)(11) above.

      (7)   An apprentice shall complete a minimum of 200 hours of training under the direct supervision of licensed and registered technician (s) before becoming eligible for a technician license and registration.

      (8)   The length of time the guest artist may conduct body art procedures shall not exceed 30 days per calendar year per licensed establishment. If the length of time exceeds this, then the guest artist shall apply for a technician license with the State Department of Health and register as a technician with the issuing authority .

      (9)   If the apprenticeship or guest artist procedure is not followed, the person, apprentice or guest artist and/or licensed technician (s) conducting the apprenticeship may be subject to penalties.

(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)