A. General Rule: No person acting individually or jointly with any other person may maintain, own, or operate a body art establishment in the city without being licensed by the city pursuant to this chapter. The city will issue no more than a total of two (2) body art establishment licenses to body art establishments within the city at any time.
B. Application: Each application for an initial establishment license and for renewal must comply with section 3-2-5 of this code, as well as all requirements of this chapter.
C. Investigation: Prior to the issuance of a body art establishment license, an investigation is required pursuant to subsection 1-10-2B12 of this code.
D. Inspection:
1. Access To Premises: The operator of the body art establishment shall, upon request of the city, permit city employees access to all parts of the establishment at any reasonable time for the purpose of inspection. The operator shall allow review of any records necessary for the city to ascertain compliance with this chapter, including all records required to be kept pursuant to the provisions of this chapter.
2. Interference With City Employees: No person shall interfere with or hinder the city in the performance of its duties, or refuse to permit any city employee to make such inspections. Refusal to cooperate with an inspection is grounds for revocation or denial of a license.
E. Drawing Of Premises: The applicant shall submit a scaled drawing of the premises with the license application. If the licensed premises is enlarged, altered, or extended after the issuance of the initial license, the licensee shall inform the city and provide an amended drawing.
F. Locations And Persons Ineligible For A License:
1. No license under this chapter shall be issued for a location:
a. That is a temporary body art establishment or mobile establishment.
b. That is located in a private residence.
c. That is licensed to sell alcoholic beverages.
d. That is not a compact and contiguous space as specified in the approved license application.
e. On which taxes, assessments, or other financial claims of the state, county, school district, or city are due, delinquent, or unpaid. In the event a suit has been commenced under Minnesota statutes sections 278.01 through 278.03 questioning the amount or validity of such taxes, the city council may on application waive strict compliance with this provision; no waiver may be granted, however, for taxes or any portion thereof, which remain unpaid for a period exceeding one year after becoming due.
f. That is not properly zoned or does not have approved building permits, if required.
2. No license shall be issued to an applicant or an officer, director, partner or manager of a body art establishment who:
a. Is a minor at the time the application is filed; or
b. Is not a citizen of the United States, a resident alien, or does not have the legal authority to be employed in the United States.
G. Hours Of Operation: A licensed premises shall not be open for business before seven o'clock (7:00) A.M. or after nine o'clock (9:00) P.M.
H. Transfer Of License: A body art establishment license must be issued to a specific person and/or entity and for a specific location. It is not transferable.
I. Records: The following information must be kept on file for three (3) years on the premises of the licensed establishment and must be made available for inspection upon request by the city:
1. A description of all body art procedures performed by the establishment;
2. Copies of the spore tests conducted on each sterilizer; and
3. The following information for each technician or guest artist employed or performing body art procedures in the establishment:
a. Name;
b. Home address;
c. Home and cellular telephone numbers;
d. Date of birth;
e. Copy of an identification photo; and
f. License number or guest artist license number.
4. For each client, the body art establishment operator shall maintain proper records of each procedure. The records of the procedure must be kept for three (3) years and must be available for inspection by the city upon request. The record must include the following:
a. The date of the procedure;
b. The information on the required picture identification showing the name, age, and current address of the client;
c. A copy of the authorization form signed and dated by the client required under subsection 4-9-9B of this chapter;
d. A description of the body art procedure performed;
e. The name and license number of the technician performing the procedure;
f. A copy of the consent form required under subsection 4-9-9D of this chapter; and
g. If the client is under the age of eighteen (18) years, a copy of the consent form signed by the parent or legal guardian as required under subsection 4-9-9C1 of this chapter.
J. Insurance:
1. Professional Liability Insurance: All licensees shall have at all times a valid certificate of insurance issued by an insurance company licensed to do business in the state indicating that the licensee has current coverage of professional liability insurance in the amount of at least one million dollars ($1,000,000.00).
2. Workers' Compensation Insurance: All licensees shall provide the city with proof of workers' compensation insurance as required by Minnesota statutes section 176.182 for all its employees. (Ord. 1284, 10-13-2014)