A. Grounds For Denial, Suspension Or Revocation: In addition to the grounds stated elsewhere in this chapter or this code, any license may be denied, suspended or revoked if any of the following conditions exist and the owner or operator of a licensed establishment may be ordered by the city to discontinue all operations of a licensed body art establishment:
1. Evidence of a sewage backup in an area of the body art establishment where body art activities are conducted;
2. Lack of potable, plumbed, or hot or cold water to the extent that hand washing or toilet facilities are not operational;
3. Lack of electricity or gas service to the extent that hand washing, lighting, or toilet facilities are not operational;
4. Significant damage to the body art establishment due to tornado, fire, flood, or another disaster;
5. Evidence of an infestation of rodents or other vermin;
6. Evidence of any individual performing a body art procedure without a license as required under this chapter;
7. Evidence of existence of a public health nuisance;
8. Use of instruments or jewelry that are not sterile;
9. Failure to maintain required records;
10. Failure to use gloves as required;
11. Failure to properly dispose of sharps, blood or body fluids, or items contaminated by blood or body fluids;
12. Failure to properly report complaints of potential bloodborne pathogen transmission to the commissioner;
13. Evidence of a positive spore test on the sterilizer if there is no other working sterilizer with a negative spore test in the establishment;
14. The correct license fee has not been tendered to the city and, in the case of a check or bank draft, honored with payment upon presentation;
15. The operation, as proposed by the applicant, if permitted, would not comply with all applicable laws, including, but not limited to, the city's business, zoning and health regulations;
16. The applicant has operated a tattoo or body piercing establishment and has had a license denied, revoked or suspended for any of the reasons given in this section by the city or any other state or local agency within five (5) years prior to the date of the application;
17. The applicant, owner or operator has been convicted of any crime directly related to the business licensed and who has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of the licensed business as prescribed by Minnesota statutes section 364.03, subdivision 3;
18. The applicant, owner or operator denies access to city or state officials who are attempting to determine compliance with this code;
19. The applicant is not of good moral character or repute; or
20. Other good cause.
B. Hearing: The city council or its designee may hold a hearing to take action on a body art establishment license pursuant to this chapter. (Ord. 1284, 10-13-2014)