Loading...
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BODY PIERCING. Penetrating or making a hole in or through the human body to place jewelry or objects of metal, plastic, wood, bone, or other foreign material on an area for cosmetic purposes.
BRANDING. The use of heat, cold, or any chemical compound to imprint permanent markings on human skin by any means other than tattooing.
CLEAN. The absence of dirt, grease, rubbish, garbage, and other offensive, unsightly, or extraneous matter.
GOOD REPAIR. Free of corrosion, breaks, cracks, chips, pitting, excessive wear and tear, leaks, obstructions, and similar defects so as to constitute a sanitary, workable, and sound condition.
ISSUING AUTHORITY. The City Administrator.
MINOR. A person under the age of 18.
OPERATOR. Any person who performs or practices the art of tattooing and/or body piercing on another person in connection with the operation of a tattoo and/or body piercing establishment and receives compensation from the owner of the business or its patrons.
OWNER. Any individual, firm, company, corporation, or association that owns an establishment where tattooing and/or body piercing is performed.
SCARIFICATION. The cutting or tearing of human skin for the purpose of creating a permanent mark or design on the skin.
TATTOO, TATTOOING. The marking of the skin of a person by insertion of permanent colors by introducing them through puncture of the skin.
(Ord. 236, passed 6-9-2008)
(A) No person, partnership, or corporation shall operate any establishment where tattooing and/or body piercing is practiced, nor engage in the practice of tattooing and/or body piercing without being licensed under this chapter. Jewelry stores, beauty shops, and accessory stores that exclusively provide ear piercing services using piercing guns shall be exempt from this license agreement.
(B) The application for a tattooing and/or body piercing establishment business license shall be submitted on a form provide by the city and shall include:
(1) If the applicant is an individual, the name, residence, phone number, and birth date of the applicant. If the applicant is a partnership, the name, residence, phone number, and birth date of each general and limited partner. If the applicant is a corporation, the names, residences, phone numbers, and birth dates of all those persons holding more than 5% of the issued and outstanding stock of the corporation;
(2) The name, address, phone number, and birth date of the manager of such establishment, if different from the owners;
(3) The address and legal description of the premises where the tattoo and/or body piercing establishment is to be located;
(4) A statement detailing any conviction relating to tattooing and/or body piercing or the operation of a tattoo and/or body piercing establishment by the applicant or manager and whether or not the applicant or manager has ever applied for or held a license to operate a similar type of business in other communities. In the case of a corporation, a statement detailing any felony convictions by the owners of more than five 5% of the issued and outstanding stock of the corporation and whether or not those owners have ever applied for or held a license to operate a similar type of business in other communities;
(5) The activities and types of businesses to be conducted;
(6) The hours of operation;
(7) The provisions made to restrict access by minors;
(8) A building plan of the premises detailing all internal operations and activities;
(9) Whether the applicant has previously been denied a license of this type by any other government unit;
(10) The names, street addresses, and business addresses of three residents of Renville, Yellow Medicine, Chippewa, Kandiyohi, Meeker, McLeod, Redwood, Nicollet, or Sibley counties who are of good moral character and who are not related to the applicant and not holding any ownership in the premises or business, who may be referred to as to the applicant’s character;
(11) 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; and
(12) 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. All applications shall be referred to the issuing authority for verification and investigation of 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 this chapter.
(Ord. 236, passed 6-9-2008)
(A) No operator shall perform tattoo and/or body piercing services within the city without being licensed as provided in this section. Any person desiring a personal service license shall file a written application on a form provided by the city.
(B) The application shall include the following information:
(1) The business address and all telephone numbers where the service is to be practiced or based;
(2) The name, birth date, complete home address, and telephone number of the applicant;
(3) The tattoo and/or body piercing business history and experience, including, but not limited to, whether or not the applicant, in previously operating in this or another city or state under license or permit, has had such license or permit denied, revoked, or suspended and the reason therefor, and the business activities or occupations subsequent to such action of denial, suspension, or revocation;
(4) All criminal convictions other than misdemeanor traffic violations, fully disclosing the jurisdiction in which convicted or arrested and the circumstances thereof; and
(5) All applications for a license under this chapter shall be signed and sworn to by the applicant. Any falsification on a license application shall result in the denial of a license.
(C) All applications for a license shall be referred to the issuing authority for verification and investigation of 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 this chapter.
(Ord. 236, passed 6-9-2008)
(A) The annual license fee is set by City Council resolution.
(B) Each application for a license shall be submitted to the City Administrator and payment made to the city. Each application for a license shall be accompanied by payment in full of the required license fee. Upon rejection of any application for a license, the applicant may be refunded a portion of the license fee in accordance with the fee resolution, except where rejection is for a willful misstatement in the license application.
(C) All licensing shall expire on the last day of December of each year. Each license shall be issued for a period of one year, except that if a portion of the license year has elapsed when application is made, a license may be issued for the remainder of the year for a prorated fee. In computing such fee, any unexpired fraction of a month shall be counted as one month.
(D) Once a license has been granted, no part of the fee paid by any licensee shall be refunded, except that a prorated portion of the fee shall be refunded in the event of the complete closure of the business and cessation of business activities for any of the following reasons and upon application to the City Administrator within 30 days from the happenings of the event, provided that such event occurs more than 30 days before the expiration of the license:
(1) Destruction or damage of the licensed premises by fire or other catastrophe;
(2) The licensee’s illness;
(3) The licensee’s death; or
(4) A change in the legal status making it unlawful for licensed business to continue.
(E) Each application shall contain a provision on the application indicating that any withholding of information or the providing of false or misleading of information will be grounds for denial or revocation of a license. Any changes in the information provided on the application or provided during the investigation shall be brought to the attention of the City Administrator by the applicant or licensee. If said changes take place during the investigation, said data shall be provided to the Police Chief or the City Administrator in writing.
(Ord. 236, passed 6-9-2008)
(A) At the time of the original application for a license, the applicant shall deposit the investigation fee set by the City Council resolution.
(B) If, after such investigation, it appears that the applicant and the place proposed for the business are eligible for a license under the criteria set forth in this section, then the license shall be issued by the City Council within 30 days after the investigation is completed. Otherwise, the license shall be denied.
(C) Each license shall be issued to the applicant only and shall not be transferable to another holder. Each license shall be issued only for the premises described in the application. No license may be transferred to another premises without the approval of the City Council. If the licensee is a partnership or a corporation, a change in the identity of any of the principals of the partnership or corporation shall be deemed a transfer of the license. Any tattoo and/or body piercing establishment existing at the adoption of this chapter shall be required to obtain an annual license.
(D) If the license is denied, the applicant may request a hearing before the City Council by filing a written request therefor with the City Administrator within 15 days after the applicant has received written notice of denial.
(1) If the license application is denied by the City Council after a hearing, the applicant may appeal the decision to the appropriate court of competent jurisdiction.
(2) If a tattoo and/or body piercing establishment is lawfully in existence at the time of the adoption of this chapter the tattoo and/or body piercing establishment may continue in business until the court action is completed. Otherwise, the applicant may not commence doing business until the judicial action has been finally resolved.
(Ord. 236, passed 6-9-2008)
No license under this chapter shall be issued to an applicant who is a natural person; general or managing partner of a partnership; or manager, proprietor, or agent of a corporation or other organization if such applicant:
(A) Is a minor at the time the application is filed;
(B) Has been convicted of any crime directly related to the occupation licensed as prescribed by M.S. § 364.03, Subd. 2 and has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of the licensed occupation as prescribed by M.S. § 364.03. Subd. 3;
(C) Who is overdue or whose spouse is overdue in his or her payment of city, county, or state taxes, fees, fines, or penalties assessed against them or imposed upon them;
(D) Who has been denied a license by the city or any other Minnesota municipal corporation to operate a tattoo and/or body piercing establishment or whose license has been suspended or revoked within the proceeding 12 months, or who is residing with any such person;
(E) Who has not paid the license and investigation fees required by this chapter; or
(F) Is not of good moral character or repute.
(Ord. 236, passed 6-9-2008)
Loading...