a. A person shall not operate a body art establishment without an annual license from the City. Every applicant for a license to maintain, operate or conduct a body art establishment shall file an application under oath with the City Clerk's office upon a form provided by the City and pay a nonrefundable application investigation fee. Such fee shall be set by resolution of City Council. The application shall contain the following information:
1. A description of services to be provided.
2. The location, mailing address and all telephone numbers for the body art establishment(s).
3. The name and permanent residence address of the applicant(s).
i. If the applicant is a corporation, the names and permanent residence addresses of each of the officers, directors and resident agents of said corporation and of each stockholder owning more than ten (10) percent of the stock of the corporation, the address of the corporation itself, if different from the address of the body art establishment, and the name and address of a resident agent in Livingston County, Michigan.
ii. If the applicant is a partnership, the names and permanent residence addresses of each of the partners and of the partnership itself, if different from the address of the body art establishment, and the name and address of a resident agent in Livingston County, Michigan.
4. The applicant's two (2) immediately preceding addresses.
5. Proof that each applicant is at least eighteen (18) years of age.
6. Copy of picture identification such as driver's license which bears a date of birth and photograph for each individual or partnership applicant(s), officers, directors, stockholders and resident agent.
7. One front face current portrait photograph of the applicant(s) at least two inches by two inches (2" x 2") and a complete set of applicant(s) fingerprints which shall be taken by the Howell City Police Chief or his/her agent. If the applicant is a corporation, one front face current portrait photograph at least two inches by two inches (2" x 2") of all officers and resident agents of said corporation and a complete set of the same officers', directors' and resident agents' fingerprints which shall be taken by the Howell City Police Chief or his/her agent. If the applicant is a partnership, one front-face current portrait photograph at least two inches by two inches (2" x 2") in size of each partner, including a limited partner in said partnership, and a complete set of each partner or limited partner's fingerprints which shall be taken by the Howell City Police Chief or his/her agents.
8. Business, occupation, or employment of the applicant(s) for the three (3) years immediately preceding the date of application.
9. The body art or similar business history of the applicant(s).
10. Statement of whether or not the applicant(s) has previously operating a body art establishment in this or another municipality or state;
11. Statement or whether or not the applicant(s) has had a business license of any kind revoked or suspended and the reason therefore;
12. All criminal convictions other than misdemeanor traffic violations not involving a controlled substance or alcohol, including the dates of conviction(s), nature of the crime(s) and court or tribunal.
13. The names, addresses, birth dates and drivers license numbers of each employee or independent contractor, who is or will be employed in said body art establishment.
14. The name, address, birth dates and driver's license number of each individual who will be a manager, acting manager or in charge of each facility.
15. The name and addresses or any body art establishment or other facility owned or operated by any person whose name is required to be given in subsection (c) wherein the business or profession of body art is carried on.
16. A description of any other business(es) to be operated on the same premises or on adjoining premises owned or controlled by the applicant(s).
17. Authorization for the City, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant(s) for the permit including a LEIN records check of all applicants, employees, officers, directors, resident agents or stockholders.
18. Such other identification and information necessary to discover the truth or the matters herein before specified as required to be set forth in the application.
19. The names, current addresses and written statements of at least three (3) bona fide permanent residents of the United States that the applicant is of good moral character. If the applicant is able, the statement must first be furnished from residents of the City of Howell, then the County of Livingston, then the State of Michigan and lastly from the rest of the United States. These references must be persons other than relatives and business associates.
20. Evidence of current valid General Liability Insurance with minimum limits of One Million ($1,000,000.00) Dollars per occurrence, and Workers Compensation Insurance to comply with ail State of Michigan statutory requirements.
All information required by this section shall be provided at the applicant's expense. Upon the full completion of the application form and the furnishing of all foregoing information and documentation, the City shall accept the application for the necessary investigations. The holder of a body art establishment license shall notify the City of each change in any of the data required to be furnished by this section within ten (10) days after such change occurs.
The body art establishment license shall be conspicuously displayed within the reception area of the establishment. A license shall clearly indicate whom to contact or call with a complaint. A license is not transferable and shall not be issued or renewed before the full fee is paid, the premises, equipment, and operations of the establishment have been inspected, and the operator has complied with all inspection deficiencies.
a. An operator of a licensed establishment shall not allow the practice of body art procedures until the City of Howell has determined that all body art practitioners practicing body art at the operator's establishment are individually permitted.
b. A license may be revoked, suspended, or limited, or a license application denied, pursuant to the procedures set forth in Section 5.15, if after an inspection it is determined that an operator has failed to follow standard disease control techniques, or has failed to keep required records of services performed, or has provided services to an underage person without the required consent and presence of a parent or legal guardian.
c. A person shall not operate a temporary establishment for the performance of body art procedures without a license from the City of Howell and the Livingston County Health Department. The City may issue a temporary establishment license for a period of up to fourteen (14) days to provide body art services outside the physical site of a licensed establishment for the purpose of product demonstration and promotion, industry trades shows, or for educational purposes.
d. A person shall not operate a mobile body art establishment within the City of Howell. The City shall not license the use of mobile body art establishments.
e. A person whose license to operate a body art facility has been revoked, suspended, or limited, or a person whose license application has been denied, has the right to appeal to the City Council. A request for an appeal must be in writing, accompanied by the prescribed fee, and submitted to the City Council within ten (10) days of the City's action. The City Council may uphold, reverse or alter the action by a majority vote.
f. The license, permit, plan review, and hearing fee shall be set by the resolution of the City Council.