§ 113.04 PERMIT REQUIRED TO ESTABLISH OR OPERATE A BODY ART ESTABLISHMENT.
   (A) Permit Required. No one may establish or operate a body art establishment within the city limits unless such individual has a permit issued by the city under this section.
   (B) Permit Application Procedure. Any person who seeks to establish or operate a body art establishment may apply for a permit as follows:
      (1) The applicant shall complete an application and submit the application together with such information or documents as may be required by the application to the officer or employee of the city designated in the application including a photocopy of the applicant's identification.
      (2) The applicant shall submit a fee of $250.00 with the application to defray the cost to the city of processing the application, verifying the information therein and issuing a permit.
      (3) The City Manager or his designee shall issue a permit, if the following requirements have been met:
         (a) The applicant has a current license issued by the Texas Department of Health authorizing him to conduct a tattooing or body piercing business or body art establishment at the location for which the permit is sought;
         (b) All persons who are to engage in the body art business at the location have a current license issued by the Texas Department of Health;
         (c) The body art establishment for which a city permit is sought is not located in an area in violation of § 113.03 above;
         (d) The applicant has provided evidence of compliance with applicable law regarding the maintenance of records;
         (e) The applicant is not a party to any action by the Texas Department of Health seeking the forfeiture of his license or the imposition of a civil penalty;
         (f) Neither the applicant nor any person practicing tattooing, body piercing or body art at the location has, within three years of the date the application is filed with the city, been:
            (i) Convicted of any violation of Chapter 146 of the Texas Health and Safety Code or any similar law or regulation;
            (ii) The subject of a final judgement suspending or forfeiting his license for operation of a tattoo or body piercing studio or body art establishment by any state or governmental agency; or
            (iii) The subject of a final judgement brought by or on behalf of the Texas Department of Health imposing a civil penalty under Chapter 146 of the Texas Health and Safety Code (or the regulations promulgated thereunder).
         (g) The applicant has made the location for which the city permit is sought available for inspection by the city and no violations of state law or this chapter have been found.
      (4) The City Manager or his designee shall act upon the application within ten days of the date the city is provided all information requested by the application, including any verifications of information from third parties such as officers or employees of the Texas Department of Health, and all inspections are completed. An applicant dissatisfied with the decision of the City Manager or his designee may appeal the decision to the City Manager (if the City Manager has delegated the initial decision to another person). If the applicant is dissatisfied with the decision of the City Manager, he may appeal the City Manager's decision to the Board of Commissioners of the city by delivering written notice of appeal to the City Secretary ten days from the date the applicant is notified of the City Manager's decision. The City Manager's decision shall be considered "delivered" to the applicant at the address set forth in the application on either the third day following the date the decision is mailed to the applicant at the address set forth in the application or the date the decision is personally delivered to the applicant by an officer or employee of the city.
   (C) Development of Application. The City Manager or the City Manager's designee shall develop an application form which will have all information required to carry out the terms of this chapter as well as all information necessary or useful in the city's discharge of its duty to enforce any laws applicable to body art establishments. The application may be amended, from time to time, by the City Manager or his designee.
   (D) Expiration of Permits. Each permit granted by the city shall expire on the next anniversary date of the date the permit is issued to an applicant by the Texas Department of Health. Further, the permit issued by the city shall only be valid for the location stated in the applicant's application to the city and shall become void if the applicant moves the body art establishment from the location stated in the application. Upon expiration of a permit issued by the city, the applicant shall apply for a permit in the manner stated in § 113.04 (B) above.
(Ord. 577, passed 10-22-99)