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(A) General provisions.
(1) License required. A person may not place or maintain a courtesy bench for the convenience of persons waiting for buses or for any other reason at any place in the city without obtaining a license pursuant to Chapter 110.
(2) Application. In addition to the requirements in Chapter 110, the person desiring the license must:
(a) Show the requested location and detailed plans and specifications of each proposed bench; and
(b) Be accompanied by a writing, signed by the owners or lessees of the property abutting the street upon which each bench is proposed to be located, giving their consent to the installation and maintenance of a bench at the proposed location. The applicant must also provide evidence of ownership or lease of the property on which the bench is to be located.
(3) New license required when sold. A separate license is required when a bench for which a license has been issued is sold or title or control is transferred or assigned.
(4) Limit on licenses. The city will grant no more than 50 courtesy bench licenses each year.
(B) Conditions of license.
(1) Separate license for each bench. A separate license is required for each bench.
(2) Location. No license shall be issued for the installation or maintenance of any bench:
(a) Without the approval of the Building Official and the Council;
(b) In any alley;
(c) At any location where the distance from the face of the curb to the inside sidewalk line is less than eight feet; or
(d) At any location distant more than 50 feet from the nearest point of intersection with a street, unless the Building Official approves.
(3) Size and maintenance.
(a) Dimensions. When a license is issued, the bench shall be installed parallel with the curb and set back at least 18 inches from the face of the curb. No bench may be more than 42 inches high, 30 inches wide, or seven feet long unless otherwise approved. Each bench must have the license number displayed in a conspicuous place.
(b) Maintenance. It is the duty of the licensee to maintain each bench at all times in a safe condition at its proper location and to inspect each bench periodically. Benches are to be kept in a neat, clean and usable condition. Ice and snow must be removed from the benches and the vicinity so that each bench is accessible at all times.
(c) Signs. No advertising matter or sign may be displayed upon any bench except upon the front and rear surfaces of the backrest. No liquor, beer or obscene, immoral or political advertising of any character is permitted, and all advertising is subject to the approval of the City Council. No advertising matter or sign on any bench shall display the words “Stop,” “Look,” “Drive in,” “Danger” or any other word, phrase or symbol which might interfere with, mislead or distract traffic.
(C) Denial of license. In addition to the grounds enumerated in Chapter 110, the application for a courtesy bench license will be denied if the Building Official finds that the maintenance of the bench at the proposed location would tend unduly to obstruct passage along any public sidewalk or public way, create a hazard, or be detrimental to the public safety or welfare.
(D) Removal. Upon the revocation or expiration of any license without renewal, if the licensee fails promptly to remove a bench, the Building Official may do so within ten days after written notice given by mail directed to the address of the licensee on file. If the licensee fails to pay the cost of removal and storage within 60 days after the notice is sent, the bench will be deemed abandoned; however, the abandonment does not relieve the licensee from the payment of the cost of removal and storage of the bench.
(2001 Code, § 805)
(A) Excavating.
(1) Definition. For purposes of this section, the term EXCAVATING has the following meaning:
(a) To grade or partial grade private property, in the process of which grading earth is moved to a location other than the premises being graded; or
(b) To remove or hollow out earth for the purpose of erecting a building.
(2) Permit required. No person shall engage in the business of excavating in the city without a permit pursuant to Chapter 32.
(3) Conditions of the permit.
(a) Before performing any work, an excavator must adequately protect all walks, curbs, boulevards and streets and upon the completion of the excavation, the excavator must immediately restore all walks, curbs, boulevards and streets to their former conditions.
(b) Hours of operation shall comply with § 133.01(G).
(c) The city may make inspections as necessary to determine that walks, curbs, boulevards, and streets, have been repaired and cleaned of refuse and debris caused by any excavation work. If cleaning and repairing has not been done, notice will be given to the permittee by registered mail. If the permittee fails to repair or clean the walks, curbs, boulevards or streets within ten days after notice, the city will perform the work and the expense will be charged against the permittee.
(2001 Code, § 1115) (Ord. 07-01, passed - -; Ord. 12-13, passed - -)
(A) Purpose. The purpose of this article of the city code is to prohibit massage businesses and services to the public except those licensed as therapeutic massage businesses and massage therapists pursuant to this section. The licensing regulations prescribed herein are necessary in order to protect businesses that are operating legitimate businesses, to prevent criminal activity and to protect the health and welfare of the community. The purpose of this section is not to impose restrictions or limitations on the freedom of protected speech or expression.
(B) Findings of the City Council. The City Council makes the following findings regarding the need to license therapeutic massage businesses and therapists and to prohibit all other types of massage businesses and services to the public:
(1) Persons who have bona fide and standardized training in therapeutic massage, health, and hygiene can provide a legitimate and necessary service to the general public.
(2) Health and sanitation regulations governing therapeutic massage businesses and therapists can minimize the risk of the spread of communicable diseases and can promote overall health and sanitation.
(3) Limiting the number of therapeutic massage business licenses and license qualifications for the restrictions on therapeutic massage businesses and therapists can minimize the risk that such businesses and persons will facilitate prostitution and other criminal activity in the community.
(4) Massage services provided by persons with no specialized and standardized training in massage can endanger citizens by facilitating the spread of communicable diseases, by exposing citizens to unhealthy and unsanitary conditions, and by increasing the risk of personal injury.
(5) Massage businesses which employ persons with no specialized and standardized training can tax law enforcement services because such businesses are more likely to be operated as fronts for prostitution and other criminal activity than operations established by persons with standardized training.
(6) The training of professional massage therapists at accredited institutions is an important means of ensuring the fullest measure of protecting the public health, safety, and welfare.
(C) Definitions. The following words and terms when used in this section shall have the following meanings unless the context clearly indicates otherwise:
ACCREDITED INSTITUTION. An educational institution holding accredited status with the United States Department of Education or Minnesota Office of Higher Education.
ACCREDITED PROGRAM. A professional massage program accredited by the Commission on Massage Therapy Accreditation (COMTA).
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 good and sound condition.
ISSUING AUTHORITY. The City Council.
MASSAGE. Any method of pressure on, or friction against, or the rubbing, stroking, kneading, tapping, pounding, vibrating, stimulating, or rolling of the external parts of the human body with the hands or with the aid of any mechanical or electrical apparatus, or other appliances or devices, with or without such supplementary aids as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment, or other similar preparations.
MASSAGE THERAPIST. An individual who practices or administers massage to the public who can demonstrate to the issuing authority that he or she:
(a) Has current insurance coverage of $1,000,000.00 for professional liability in the practice of massage;
(b) Is affiliated with, employed by, or owns a therapeutic massage business licensed by the city; and
(c) Provides proof that the applicant has met the academic requirements of the issuing authority by providing both of the following:
1. A certified copy of a transcript of academic record from an accredited program or accredited institution that has been approved by the issuing authority, sent directly from the program or institution to the issuing authority; and
2. A copy of the diploma or certificate of graduation from an accredited program or accredited institution that has been approved by the issuing authority, sent directly from the accredited program or institution to the issuing authority. The accredited program or accredited institution must confirm that the applicant has successfully completed at least 500 hours of certified therapeutic massage training with content that includes the subjects of anatomy, physiology, hygiene, ethics, massage theory and research, and massage practice from the same accredited program or accredited institution.
(d) In lieu of the academic requirement in division (c) above, the applicant may substitute providing proof of passing the National Certification Exam offered by the National Certification Board for Therapeutic Massage and Bodywork and a minimum of seven years of full-time work experience as a massage therapist within the United States. The applicant is still required to provide proof of divisions (a) and (b) above.
OPERATE. To own, manage, or conduct, or to have control, charge, or custody over.
PERSON. Any individual, firm, association, partnership, corporation, joint venture, or combination of individuals.
THERAPEUTIC MASSAGE BUSINESS. An entity which operates a business which hires only therapeutic massage therapists licensed by the city to provide therapeutic massage to the public. The owner/operator of a therapeutic massage business need not be licensed as a therapeutic massage therapist if he or she does not at any time practice or administer massage to the public. A THERAPEUTIC MASSAGE BUSINESS may employ other individuals such as cosmetologists and estheticians, and these individuals are not required to have a massage therapist license as long as they are not providing therapeutic massage to the public.
WITHIN THE CITY. Includes physical presence as well as telephone referrals such as phone-a-massage operations in which the business premises, although not physically located within the city, serves as a point of assignment of employees who respond to requests for services from within the city.
(D) License required; number of licenses.
(1) Therapeutic massage business license. It shall be unlawful for any person or entity to own, operate, engage in, or carry on, within the city, any type of massage services to the public for consideration without first having obtained a therapeutic massage business license from the city pursuant to Chapter 110 and this section. The maximum number of business licenses issued by the city at any one time shall be six, except that sole proprietors with no employees shall be required to get a business license, but shall not be counted as one of the six business licenses issued.
(2) Massage therapist license. It shall be unlawful for any individual to practice, administer, or provide massage services to the public for consideration within the city without first having obtained a personal massage therapist license from the city pursuant to this section. The maximum number of personal massage therapist licenses issued by the city at any one time shall be 30.
(E) Exceptions. A therapeutic massage business or massage therapist license is not required for the following persons and places:
(1) Persons duly licensed by this state to practice medicine, surgery, osteopathy, chiropractic, physical therapy, or podiatry, provided the massage is administered in the regular course of the medical business and not provided as part of a separate and distinct massage business.
(2) Persons duly licensed by this state as beauty culturists or barbers, provided such persons do not hold themselves out as giving massage treatments and provided the massage by beauty culturists is limited to the head, hand, neck, and feet and the massage by barbers is limited to the head and neck.
(3) Persons working solely under the direction and control of a person duly licensed by this state to practice medicine, surgery, osteopathy, chiropractic, physical therapy, or podiatry. Such persons shall only be authorized to practice on the business premises of the employer.
(4) Places duly licensed or operating as a hospital, nursing home, hospice, sanitarium, or group home established for the hospitalization or care of human beings.
(5) Students of an accredited institution who are performing massage services in the course of a clinical component of an accredited program of study, provided that the students are performing the massage services at the location of the accredited institution and provided the students are identified to the public as students of massage therapy. Students of an accredited institution who are performing massage services at clinics or other facilities located outside of the accredited institution must have at least 150 hours of certified therapeutic massage training at the accredited institution prior to performing the therapy outside of the institution, must have proof of liability insurance, and must be identified to the public as a student of massage therapy.
(F) License application. In addition to the application information required by Chapter 110, all applicants shall comply with providing the following information:
(1) Therapeutic massage business license application. An application for a therapeutic massage business license shall be made on a form supplied by the City Clerk and shall request the following information:
(a) All applicants. For all applicants:
1. The legal description of the premises to be licensed together with a plan of the area showing dimensions, location of buildings, street access, and parking facilities.
2. The floor number, street number, suite number(s) and rooms where the massage services are to be conducted.
3. Whenever the application is for premises either planned or under construction or undergoing substantial alteration, the application shall be accompanied by a set of preliminary plans showing the design of the proposed premises to be licensed. If the plans for design are on file with the city’s building and inspection department, no plans need be submitted to the issuing authority.
4. The amount of the investment that the applicant has in the business, buildings, premises, fixtures, furniture, and equipment, and proof of the source of such investment. The identity of all other persons investing in the business, building, premises, fixture, furniture and equipment, the amount of their investment and proof of the source of such investment.
5. All applications for licenses, whether business or individual applications, shall be signed and notarized. If the application is that of a natural person, it shall be signed and notarized by such person; if by a corporation, by an officer thereof; if by an incorporated association, by the manager or officer thereof; if by a limited liability company (LLC), by a member thereof. Any falsification of information on the license application shall result in the denial, suspension or revocation of the license.
6. Whether the applicant has had an interest in, as an individual or as part of a corporation, partnership, association, enterprise, business or firm, a massage license that was revoked or suspended within the last five years of the date the license application is submitted to the issuing authority.
7. Such other information as the City Council shall require.
(b) Individuals. For applicants who are individuals:
1. Proof of whether the applicant is a citizen of the United States or a resident alien or has the legal authority to work in the United States.
2. Whether the applicant is currently licensed in other communities to perform massage therapy, and if so, where.
3. Names and addresses and contact information including phone numbers and email addresses of the applicant’s employers for the preceding five years and dates for such employment.
4. Whether the applicant has ever been convicted of any felony, crime, or violation of any ordinance other than a minor traffic offense. If so, the applicant shall furnish information as to the time, place and offense for each conviction.
5. Whether the applicant has ever been engaged in the operation of massage services. If so, applicant shall furnish information as to the name, place and length of time of the involvement in such an establishment.
(c) Partnerships. For the applicants that are partnerships: the names and addresses of all general and limited partners and all information concerning each general partner as is required in division (F)(1)(b) above. The managing partners shall be designated and the interest of each general and limited partner in the business shall be disclosed. A true copy of the partnership agreement shall be submitted with the application, and if the partnership is required to file a certificate as to a trade name under Minn. Stat. § 333.02, a certified copy of such certificate shall be submitted. The license shall be issued in the name of the partnership.
(d) Corporations and other organizations. For applicants that are corporations or other types of organizations:
1. The name of the organization, and if incorporated, the state of incorporation.
2. A true copy of the certificate of incorporation, and, if a foreign corporation, a certificate of authority as described in Minn. Stat. § 303.02.
3. The name of the general manager, corporate officers, proprietor, and other person in charge of the premises to be licensed, and all the information about said persons as is required in division (F)(1)(b) above.
4. A list of all persons who own or control an interest in the corporation or organization or who are officers of said corporation or organization, together with their addresses and all the information regarding such persons as is required in division (F)(1)(b) above.
(2) Massage therapist license application. An application for a massage therapist license shall be made on a form supplied by the City Clerk and shall request the following information:
(a) The applicant’s home telephone and cell phone number.
(b) The applicant’s physical description, including weight, height, color of eyes, and color of hair. The applicant shall provide a color photocopy of the applicant’s driver’s license or state-issued I.D. front and back, or any other government-issued I.D.
(c) Whether the applicant has ever been convicted of any felony, crime, or violation of any ordinance other than a minor traffic offense and, if so, the time, place, and offense for each conviction.
(d) Whether the applicant has had an interest in, as an individual or as part of a corporation, partnership, association, enterprise, business or firm, a massage license that was revoked or suspended within the last five years of the date the license application is submitted to the issuing authority.
(e) Three names, resident and business addresses, and current contact information, including a phone number of those residents within the metropolitan area, of good moral character, not related to the applicant or financially interested in the premises of the business, who may be referred to attest to the applicant’s character.
(f) Proof of whether the applicant is a U.S. citizen or resident alien or has the legal authority to work in the United States.
(g) Proof that the applicant has met the definition of a massage therapist in division (C) above.
(h) Whether the applicant is currently licensed in other communities to perform massage therapy, and if so, where.
(i) Whether the applicant has ever been engaged in the operation of massage services, and if so, furnish information as to the name, place, dates and length of time of the involvement in such an establishment.
(j) Such other information as the City Council shall require.
(G) License fee. The fees for a therapeutic massage business and therapist licenses shall be as set forth by City Council resolution. An investigation fee shall be charged for therapeutic massage business licenses and an individual therapeutic massage license. Each application for a license shall be accompanied by payment in full of the required license and investigation fees.
(H) License application investigation. An investigation is required pursuant to § 110.03(C)(5). No investigation fee shall be refunded. Out of state investigations shall require the applicant to pay actual out-of-pocket expenses. A deposit for an out-of-state investigation shall be required in advance, pursuant to City Council resolution and the applicant shall be refunded any unused deposit upon completion of the investigation. The City Council may order and conduct such additional investigation as it deems necessary. Upon completion of its investigation, the Council shall approve or deny the license.
(I) Inspections.
(1) License inspection. In new or renewal applications for massage therapy business licenses, the Police Department and Building Official must investigate the premises where the massage therapy business is to be carried on, for the purpose of ensuring that the premises comply with all the sanitation requirements in the section and with the regulations of public health, safety and welfare, pursuant to § 110.11. Licenses shall only be recommended for approval if they meet the safety and sanitary requirements of the city and of the Building Code regulations of the city and state.
(2) Subsequent inspections. In light of the high risk of involvement with illegal conduct an establishment providing massage therapy poses to the general public, the issuing authority, environmental health department or designee, and/or the Police Department shall have the right to enter, inspect, and search the licensed premises during the hours in which the licensed premises is open for business to ensure compliance with all provisions of this section. Any search of the licensed premises is subject to reasonableness standards as recognized by the courts; search warrants will be secured when applicable. Any entry into a private residence will require consent, exigent circumstances, or a search warrant. With reasonable notice, the business records of the licensee, including income tax returns, shall be available for inspection during the hours in which the licensed premises is open for business.
(J) Denial, suspension or revocation. In addition to the grounds enumerated in § 110.12, the following reasons may be grounds for individual license or business license denial, suspension or revocation:
(1) The applicant has been convicted of criminal prostitution or similar sex offenses or to a partnership or corporation who has in its employ or is owned by any persons convicted of a similar criminal act; or
(2) The owner, manager, lessee or any of the employees are found to be in control or possession of any alcoholic beverages, narcotic drugs or controlled substances, as defined by state statutes, on the premises.
(3) If the holder of a business license fails to maintain with the issuing authority a current list of all employees of such licensed premises. The list shall include all massage therapists licensed under this section.
(4) A material variance in the actual plan and design of the premises from the plans submitted.
(K) License restrictions.
(1) Posting of license.
(a) Business license. A therapeutic massage business license issued must be posted in a conspicuous place on the premises for which it is used.
(b) Personal massage therapist license. An annual photo shall be required for a massage therapist license. A person licensed as a massage therapist shall post the massage therapist license, with color photo, in a conspicuous place on the premises at which the therapist is associated. A massage therapist shall have readily available at all times that therapeutic massage services are rendered, the photo identification card issued by the issuing authority. The photo identification card issued by the issuing authority must be presented to each client when providing massage therapy services off-site.
(2) Licensed premises.
(a) Business license. A therapeutic massage business license is only effective for the compact and contiguous space specified in the approved license application. If the licensed premises is enlarged, altered, or extended, the licensee shall inform the City Clerk within ten business days.
(b) Personal massage therapist license. A massage therapist license shall entitle the licensed therapist to perform on-site massage at a business, public gathering, private home, or other site not on the therapeutic massage business premises. It shall be the continuing duty of each licensee to properly notify the City Clerk, within ten business days, of any change in the information or facts required to be furnished on the application for license and failure to comply with this section shall constitute cause for revocation or suspension of such license.
(3) Affiliation with business required. A massage therapist shall be employed by, affiliated with, or own a massage business licensed by the city, unless a person or place is specifically exempted from obtaining a therapeutic massage business license in division (E) above.
(4) Employment of unlicensed massage therapists prohibited. No therapeutic massage business shall employ or use any person to perform massage who is not licensed as a therapeutic massage therapist under this section, unless the person is specifically exempted from obtaining a therapist license in division (E) above.
(5) Coverage of genitals during massage. The licensee shall require that the person who is receiving the massage shall at all times have his or her genitals covered with non-transparent material or clothing.
(6) Therapist dress/uniform requirements. Any therapist performing massage shall at all times be dressed professionally, including short sleeved shirts, skirts no shorter than three inches above the knees, no cleavage showing, nails trimmed and neat, hair pulled back and closed-toed shoes.
(7) Massage of certain body parts prohibited. At no time shall the massage therapist intentionally massage or offer to massage the penis, scrotum, mons veneris, vulva, or vaginal area of a person.
(8) Restrictions regarding hours of operation. No therapeutic massage business shall be open for business, nor will any therapeutic massage therapist offer massage services, before 8:00 a.m. or after 9:00 p.m. any day of the week. No customers or patrons shall be allowed to remain upon the licensed premises after 9:30 p.m. and before 8:00 a.m. daily. Support activities such as cleaning, maintenance and bookkeeping are allowed outside of business hours.
(9) Proof of local residency required. In the case of a therapeutic massage business, the licensee, managing partner, or manager of the licensed premise must show proof of residency in one of the following counties: Anoka, Carver, Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott, Sherburne, Washington and Wright in Minnesota, and St. Croix or Pierce in Wisconsin. In the case of therapeutic massage therapists, the licensee must show proof of residing in one of the following counties: Anoka, Carver, Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott, Sherburne, Washington and Wright in Minnesota, and St. Croix or Pierce in Wisconsin.
(10) Posting of rates. All massage businesses must post their rates for service in a prominent place in the entrance or lobby of the business.
(11) Illegal activities. In addition to the license restrictions set forth in this section, any advertising by a licensee of any potential unlawful or erotic conduct at the licensed establishment shall be prohibited. A licensee under this chapter shall be strictly responsible for the conduct of the business being operated in compliance with all applicable laws and ordinances, including the actions of any employee or agent of the licensee on the licensed premises.
(12) Restrictions involving minors. No person under the age of 18 shall be permitted at any time to be in or on the licensed premises as a customer, guest, or employee, unless accompanied by his or her parent or guardian.
(L) Restrictions regarding sanitation, health and safety.
(1) Toilet room requirements. A licensed therapeutic massage business shall be equipped with adequate and conveniently located toilet rooms for the accommodation of its employees and patrons. The toilet room shall be well ventilated by natural or mechanical methods and be enclosed with a door. The toilet room shall be kept clean and in good repair and shall be adequately lighted.
(2) Paper/linen requirements. A licensed therapeutic massage business shall provide single- service disposal paper or clean linens to cover the table, chair, furniture, or area on which the patron receives the massage; or in the alternative, if the table, chair, or furniture on which the patron receives the massage is made of material impervious to moisture, such table, chair, or furniture shall be properly sanitized after each massage.
(3) Washing of hands required. The approved licensed business premises for the compact and contiguous space described and submitted in division (K)(2) above shall contain an on-site sink. The massage therapist shall wash his or her hands and arms with water and soap, anti-bacterial scrubs, alcohol, or other disinfectants prior to and following each massage service performed.
(4) Door latches and locks. Doors on massage therapy rooms shall not be locked or capable of being locked. Locks, latches or other devices intended to secure a door so as to prevent it from being opened by any person from either side of the door with or without a key cannot be present on any doors of rooms intended for massage therapy.
(Ord. 19-19, passed 10-28-2019)
(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
MOTOR VEHICLE. Every vehicle that is self-propelled. MOTOR VEHICLE does not include a vehicle that moves solely by human power.
MOTORCYCLE. Every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, including motor scooters and bicycles with a motor attached.
(2001 Code, § 1110.01)
(B) Motorcycle sales.
(1) License required. No person shall engage in selling motorcycles, either exclusively or in connection with any other occupation without being licensed pursuant to Chapter 110.
(2) Conditions of the license. All of the display and sales of motorcycles must be within an enclosed building.
(2001 Code, § 1110.03)
(C) Motorcycle rentals.
(1) License required. No person, firm or corporation shall engage in the business of renting, leasing or furnishing of motorcycles for pay or hire without being licensed pursuant to Chapter 110.
(2) Application. In addition to the application requirements in Chapter 110, the application must contain the number of motorcycles to be used in the business and the number on the state license plate of each motorcycle.
(3) Rental to licensed vehicle operators; records. A licensee shall not rent, lease or furnish a motorcycle to any person who is not licensed to operate such a vehicle. It shall be unlawful to rent, lease or furnish for pay or hire any motorcycle to a person under the age of 18 years unless a parent furnishes a statement in writing showing the consent of the person’s parent or guardian to the rental, lease or furnishing for hire of a motorcycle, the licensee shall make a permanent and legible record containing the name, address and age of the person to whom the motorcycle is leased, rented or furnished and shall record on this record the number and date of issue and expiration of the driver’s license together with any limitations noted and the description of the person as stated on the driver’s license. The record so kept shall also identify the vehicle rented, leased or furnished to the person by the number on the vehicle’s state license plate.
(4) Safety regulations. The licensee shall maintain in safe operating condition all motorcycles rented, leased or furnished. The licensee’s agent or employees shall explain the operation including, but not limited to, the controls, pedals, gears and brakes of the particular vehicle to be used by the person before the person uses it unless the licensee, agent or employee is aware that the person knows how to operate the particular vehicle. The licensee shall make available for each operator of the vehicle leased, rented or furnished for hire at least one sanitized safety helmet or similar headgear to be offered for the use of the driver.
(5) Subleasing vehicle. It is unlawful for any person to whom a motorcycle is rented, leased or furnished to then sublease, rent or otherwise authorize the use of the vehicle to a person who is not licensed to operate such a vehicle.
(6) Driving regulations. Minn. Stat. § 169.974, as it may be amended from time to time, regarding driving regulations for motorcycles is adopted by reference.
(2001 Code, § 1110.05)
(D) Motor vehicle sales and rental.
(1) State licensing law adopted by reference. Minn. Stat. § 168.27, as it may be amended from time to time, is adopted by reference.
(2) State license required. No person shall engage in the following businesses without a current state and city license:
(a) New motor vehicle dealer;
(b) Used motor vehicle dealer;
(c) Motor vehicle lessor;
(d) Motor vehicle broker;
(e) Motor vehicle wholesaler; or
(f) Motor vehicle auctioneer.
(3) Certificate. Every person holding the license shall file a copy of the current state certificate of license with the City Clerk.
(2001 Code, § 1110.07)
(E) Car washes.
(2) Conditions of the license. The operation of every car wash is subject to curtailment or suspension when the city must conserve water for essential uses.
(2001 Code, § 1110.09)
(F) Automobile service stations.
(1) License required. No person shall engage in the business of keeping, maintaining or operating any gasoline service station without a license pursuant to Chapter 110.
(2) Application. In addition to the application requirements in Chapter 110, the applicant must file a plan of the station and the receptacles and tanks provided for the holding and storage of gasoline and other oils.
(2001 Code, § 1110.11)
(Ord. 11-14, passed - -)
(A) Purpose. It is the purpose and intent of this section to establish standards and regulations relating to the practice of body art in order to prevent the transmission of communicable diseases and promote the general welfare of the public.
(B) Exemptions. The following individuals may perform body art procedures within the scope of their practice without a technician’s license:
(1) A physician licensed under Minn. Stat. Chapter 147, as it may be amended from time to time;
(2) A nurse licensed under Minn. Stat. §§ 148.171 to 148.285, as they may be amended from time to time;
(3) A chiropractor licensed under Minn. Stat. Chapter 148, as it may be amended from time to time;
(4) An acupuncturist licensed under Minn. Stat. Chapter 147B, as it may be amended from time to time;
(5) A physician’s assistant licensed under Minn. Stat. Chapter 147A, as it may be amended from time to time;
(6) A dental professional licensed under Minn. Stat. Chapter 150A, as it may be amended from time to time;
(7) A guest artist under Minn. Stat. § 146B.04, as it may be amended from time to time, may perform body art procedures in accordance with the requirements of Minn. Stat. § 146B.04, as it may be amended from time to time; or
(8) A person piercing only the outer perimeter or lobe of the ear using a pre sterilized single use stud and clasp ear piercing system.
(C) Prohibitions. No person shall:
(1) Conduct branding, cutting, subdermal implantation, microdermal, transdermal, suspension, tongue bifurcation or scarification of another person;
(2) Tattoo a minor;
(3) Pierce or tattoo the genitalia or nipples of a minor;
(4) Practice tattooing or piercing while under the influence of alcohol, controlled substances as defined in Minn. Stat. § 152.01(4), as it may be amended from time to time, or hazardous substances as defined in the rules adopted under Minn. Stat. Chapter 182, as it may be amended from time to time; or
(5) Operate a body art establishment or perform body art procedures, unless exempted above, without a license.
(D) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AFTERCARE. Written instructions given to a client, specific to the procedure rendered, on caring for the body art and surrounding area. These instructions must include information on when to seek medical treatment.
ANTISEPTIC. An agent that destroys disease causing microorganisms on human skin or mucosa.
BODY ART or BODY ART PROCEDURES. Physical body adornment using, but not limited to, tattooing and body piercing. BODY ART does not include practices and procedures that are performed by a licensed medical or dental professional if the procedure is within the professional’s scope of practice.
BODY ART ESTABLISHMENT or ESTABLISHMENT. Any structure or venue, whether permanent, temporary or mobile, where body art is performed, except as provided in § 111.06(J). Mobile establishments include vehicle-mounted units, either motorized or trailered, and readily moveable without dissembling and where body art procedures are regularly performed in more than one geographic location.
BODY PIERCING. The penetration or puncturing of the skin by any method for the purpose of inserting jewelry or other objects in or through the body. BODY PIERCING also includes branding, scarification, suspension, subdermal implantation, microdermal and tongue bifurcation. BODY PIERCING does not include the piercing of the outer perimeter or the lobe of the ear using a pre- sterilized single-use stud-and-clasp ear-piercing system.
BRANDING. An indelible mark burned into the skin using instruments of thermal cautery, radio hyfrecation and strike branding.
CITY. The City of West St. Paul.
COMMISSIONER. The Commissioner of Health.
CONTAMINATED WASTE. Any liquid or semi liquid blood or other potentially infectious materials; contaminated items that would release blood or other potentially infectious materials in a liquid or semi-liquid state if compressed; items that are caked with dried blood or other potentially infectious materials and are capable of releasing these materials during handling; and sharps and any wastes containing blood and other potentially infectious materials, as defined in 29 C.F.R. § 1910.1030, known as “occupational exposure to blood borne pathogens.”
DEPARTMENT. The Department of Health.
EQUIPMENT. All machinery, including fixtures, containers, vessels, tools, devices, implements, furniture, display and storage areas, sinks and all other apparatus and appurtenances used in the operation of a body art establishment.
GUEST ARTIST. An individual who performs body art procedures according to the requirements under division (H) below.
HAND SINK. A sink equipped with potable hot and cold water held under pressure, used for washing hands, wrists, arms or other portions of the body.
HOT WATER. Water at a temperature of at least 110°F.
JEWELRY. Any ornament inserted into a pierced area.
LIQUID CHEMICAL GERMICIDE. A tuberculocidal disinfectant or sanitizer registered with the Environmental Protection Agency.
MICRODERMAL. A single point perforation of any body part other than an earlobe for the purpose of inserting an anchor with a step either protruding from or flush with the skin.
MICROPIGMENTATION OR COSMETIC TATTOOING. The use of tattoo ink or other pigmentation for semi-permanent or permanent makeup (often referred to as “microblading”) or to hide or neutralize skin discolorations.
OPERATOR. Any person who controls, operates or manages body art activities at a body art establishment and who is responsible for the establishment’s compliance with these regulations, whether or not the person actually performs body art activities.
PROCEDURE AREA. The physical space or room used for conducting body art procedures.
PROCEDURE SURFACE. The surface area of furniture or accessories that may come into contact with the client’s clothed or unclothed body during a body art procedure and the area of the client’s skin where the body art procedure is to be performed and the surrounding area, or any other associated work area requiring sanitizing.
SCARIFICATION. An indelible mark fixed on the body by the production of scars.
SHARPS. Any object, sterile or contaminated, that may purposefully or accidentally cut or penetrate the skin or mucosa including, but not limited to, pre-sterilized single-use needles, scalpel blades and razor blades.
SHARPS CONTAINER. A closed, puncture-resistant, leak-proof container, labeled with the international biohazard symbol, that is used for handling, storage, transportation and disposal.
SINGLE USE. Products or items intended for one-time use which are disposed of after use on a client. This definition includes, but is not limited to, cotton swabs or balls, tissues or paper products, paper or plastic cups, gauze and sanitary coverings, disposable razors, piercing needles, tattoo needles, scalpel blades, stencils, ink cups and protective gloves.
STERILIZATION. A process resulting in the destruction of all forms of microbial life, including highly resistant bacterial spores.
SUBDERMAL IMPLANTATION. The implantation of an object entirely below the dermis.
SUPERVISION. The physical presence of a technician licensed under this section while a body art procedure is being performed.
SUSPENSION. The suspension of the body from affixed hooks placed through temporary piercings.
TATTOOING. Any method of placing indelible ink or other pigments into or under the skin or mucosa with needles or any other instruments used to puncture the skin, resulting in permanent coloration of the skin or mucosa. TATTOOING also includes micro pigmentation and cosmetic tattooing.
TECHNICIAN or BODY ART TECHNICIAN. Any individual who is licensed under this section as a tattoo technician or as a body piercing technician or as both.
TEMPORARY BODY ART ESTABLISHMENT. Any place or premise operating at a fixed location where an operator performs body art procedures for no more than 21 days in conjunction with a single event or celebration.
TONGUE BIFURCATION. The cutting of the tongue from the tip to the base, forking at the end.
(E) License requirements.
(1) 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 Chapter 110. The city will issue no more than two body art establishment licenses at any time.
(2) Application. Each application for an initial establishment license and for renewal must comply with § 110.03, as well as all requirements of this section.
(3) Investigation. An investigation is required pursuant to § 110.12(E). In the event an establishment adds an additional service at a different time than the original license application or any renewal application, an additional investigation fee shall be required to ensure compliance with this section.
(4) Inspection.
(b) 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 section.
(c) 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 the inspections.
(5) 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, the licensee shall inform the city and provide an amended drawing.
(6) Locations and persons ineligible for a license.
(a) No license under this section shall be issued for a location:
1. That is a temporary body art establishment or mobile establishment;
2. That is located in a private residence;
3. That is licensed to sell intoxicating liquor, non intoxicating liquor or is licensed as a sexually-oriented business;
4. That is not a compact and contiguous space specified in the approved license application;
5. 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 Minn. Stat. §§ 278.01 through 278.03, as they may be amended from time to time, questioning the amount or validity of 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; and/or
6. That is not properly zoned or does not have approved building permits, if required.
(b) No license shall be issued to an applicant or an officer, director, partner or manager of body art establishment who is:
1. Is a minor at the time the application is filed; or
2. 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.
(7) Hours of operation. A licensed premises shall not be open for business before 7:00 a.m. or after 11:00 p.m.
(8) 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.
(9) Records. The following information must be kept on file for three years on the premises of the establishment and must be made available for inspection upon request by the city:
(a) A description of all body art procedures performed by the establishment;
(b) Copies of the spore tests conducted on each sterilizer;
(c) The following information for each technician or guest artist employed or performing body art procedures in the establishment:
1. Name;
2. Home address;
3. Home telephone number;
4. Date of birth;
5. Copy of an identification photo; and
6. License number or guest artist license number.
(d) 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 years and must be available for inspection by the city upon request. The record must include the following:
1. The date of the procedure;
2. The information on the required picture identification showing the name, age and current address of the client;
3.
A copy of the authorization form signed and dated by the client required under division (I)(2) below;
4. A description of the body art procedure performed;
5. The name and license number of the technician performing the procedure;
6.
A copy of the consent form required under division (I)(4) below; and
7. If the client is under the age of 18 years, a copy of the consent form signed by the parent or legal guardian as required under division (I)(3)(a) below.
(10) Insurance.
(a) 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 $1,000,000.
(b) Worker’s compensation insurance. All licensees shall provide the city with proof of worker’s compensation insurance as required by Minn. Stat. § 176.182, as it may be amended from time to time, for all its employees.
(F) Body art technicians.
(1) No individual may perform tattooing unless the individual holds a valid tattoo technician license issued by the Commissioner of Health under Minn. Stat. § 146B.03, as it may be amended from time to time, except as provided in division (B) above.
(2) No individual may perform body piercing unless the individual holds a valid body piercing technician license issued by the Commissioner of Health under Minn. Stat. § 146B.03, as it may be amended from time to time, except as provided in division (B) above.
(3) If an individual performs both tattooing and body piercing, the individual must hold a valid dual body art technician license.
(G) Denial, suspension or revocation of license.
(1) Grounds for denial, suspension or revocation. In addition to the grounds stated in § 110.12(B), 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:
(a) Evidence of a sewage backup in an area of the body art establishment where body art activities are conducted;
(b) Lack of potable, plumbed or hot or cold water to the extent that hand washing or toilet facilities are not operational;
(c) Lack of electricity or gas service to the extent that hand washing, lighting or toilet facilities are not operational;
(d) Significant damage to the body art establishment due to tornado, fire, flood or another disaster;
(e) Evidence of an infestation of rodents or other vermin;
(f) Evidence of any individual performing a body art procedure without a license as required under this section;
(g) Evidence of existence of a public health nuisance;
(h) Use of instruments or jewelry that are not sterile;
(i) Failure to maintain required records;
(j) Failure to use gloves as required;
(k) Failure to properly dispose of sharps, blood or body fluids, or items contaminated by blood or body fluids;
(l) Failure to properly report complaints of potential blood borne pathogen transmission to the Commissioner;
(m) Evidence of a positive spore test on the sterilizer if there is no other working sterilizer with a negative spore test in the establishment;
(n) 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;
(o) 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;
(p) The applicant has operated a tattoo or body piercing establishment and has had a license denied, revoked or suspended for any of the cases given in this section by the city or any other state or local agency within five years prior to the date of the application;
(q) 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 Minn. Stat. § 364.03(3), as it may be amended from time to time;
(r) The applicant, owner or operator denies access to city or state officials who are attempting to determine compliance with the city code;
(s) The applicant is not of good moral character or repute; or
(t) Other good cause.
(2) Hearing. The City Council or its designee may hold a hearing to take action on an establishment license pursuant to § 110.12(D).
(H) Health and safety standards.
(1) Establishment standards. The body art establishment must meet the health and safety standards in this division (H) before a licensed technician may conduct body art procedures at the establishment.
(a) There shall be no less than 45 square feet of floor space for each procedure area. The procedure area(s) must be separated from the bathroom, retail sales area, hair salon area or any other area that may cause potential contamination of work surfaces.
(b) For clients requesting privacy, at a minimum, a divider, curtain or partition must be provided to separate multiple procedure areas.
(c) All procedure surfaces must be smooth, nonabsorbent and easily cleanable.
(d) The establishment must have an accessible hand sink that is not in a public restroom and is equipped with:
1. Hot and cold running water under pressure;
2. No touch faucet controls such as wrist or foot operated;
3. Liquid hand soap;
4.
Single-use paper towels or a mechanical hand drier or blower;
5. A nonporous washable garbage receptacle with a foot-operated lid or with no lid and a removable liner; and
6. A sign reminding technicians to properly wash their hands.
(e) The establishment must have at least one available bathroom equipped with a toilet and hand lavatory. The hand lavatory shall be supplied with:
1. Hot and cold running water under pressure;
2. Liquid hand soap;
3.
Single-use paper towels or a mechanical hand drier or blower;
4. A garbage receptacle;
5. A door that closes; and
6. Adequate ventilation.
(f) Ceilings in the body art establishment must be in good condition.
(g) All walls and floors must be free of open holes or cracks and be washable and no carpeting may be in areas used for body art procedures unless the carpeting is entirely covered with a rigid, nonporous, easily cleanable material.
(h) All facilities within the establishment must be maintained in a clean and sanitary condition and in good working order.
(i) No animals may be present during a body art procedure, unless the animal is a service animal.
(2) Standards for equipment, instruments and supplies. Equipment, instruments and supplies must comply with the health and safety standards in this section before a licensed technician may conduct body art procedures.
(a) Jewelry used as part of a body art procedure must be made of surgical implant-grade stainless steel, solid 14-karat or 18-karat white or yellow gold, niobium, titanium or platinum or a dense low-porosity plastic. Use of jewelry that is constructed of wood, bone or other porous material is prohibited.
(b) Jewelry used as part of a body art procedure must be free of nicks, scratches or irregular surfaces and must be properly sterilized before use.
(c) Reusable instruments must be thoroughly washed to remove all organic matter, rinsed and sterilized before and after use.
(d) Needles must be single-use needles and sterilized before use.
(e) Sterilization must be conducted using steam heat or chemical vapor.
(f) All sterilization units must be operated according to the manufacturer’s specifications.
(g) At least once a month, but not to exceed 30 days between tests, a spore test must be conducted on each sterilizer used to ensure proper functioning. If a positive spore test result is received, the sterilizer at issue may not be used until a negative result is obtained.
(h) All inks and other pigments used in a body art procedure must be specifically manufactured for tattoo procedures.
(i) Immediately before applying a tattoo, the ink needed must be transferred from the ink bottle and placed into single use paper or plastic cups. Upon completion of the tattoo, the single-use cups and their contents must be discarded.
(j) All tables, chairs, furniture or other procedure surfaces that may be exposed to blood or body fluids during the body art procedure must be cleanable and must be sanitized after each client with a liquid chemical germicide.
(k) Single-use towels or wipes must be provided to the client. These towels must be dispensed in a manner that precludes contamination and disposed of in a nonporous washable garbage receptacle with a foot-operated lid or with no lid and a removal liner.
(l) All bandages and surgical dressings used must be sterile or bulk packaged clean and stored in a clean, closed nonporous container.
(m) All equipment and instruments must be maintained in good working order and in a clean and sanitary condition.
(n) All instruments and supplies must be stored clean and dry in covered containers.
(o) Single-use disposable barriers or a chemical germicide must be used on all equipment that cannot be sterilized as part of the procedure as required under this section including, but not limited to, spray bottles, procedure light fixture handles and tattoo machines.
(3) Standards for body art procedures. All body art procedures must comply with the health and safety standards in this section.
(a) The skin area subject to a body art procedure must be thoroughly cleaned with soap and water, rinsed thoroughly and swabbed with an antiseptic solution. Only single-use towels or wipes may be used to clean the skin.
(b) Whenever it is necessary to shave the skin, a new disposable razor must be used for each client. The disposable razor must be discarded after use.
(c) No body art procedure may be performed on any area of the skin where there is an evident infection, irritation or open wound.
(d) Glove use.
1. Single-use nonabsorbent gloves of adequate size and quality to preserve dexterity must be used for touching clients, for handling sterile instruments or for handling blood or body fluids.
2. Non-latex gloves must be used with clients or employees who request them or when petroleum products are used.
3. Gloves must be changed if a glove becomes damaged or comes in contact with any non clean surface or objects or with a third person.
4. At a minimum, gloves must be discarded after the completion of a procedure on a client.
5. Hands and wrists must be washed before putting on a clean pair of gloves and after removing a pair of gloves.
6. Gloves shall not be reused.
(4) Standards for technicians. Technicians must comply with the health and safety standards in this section.
(a) Technicians must scrub their hands and wrists thoroughly before and after performing a body art procedure, after contact with the client receiving the procedure, and after contact with potentially contaminated materials.
(b) A technician may not smoke, eat or drink while performing body art procedures.
(c) A technician may not perform a body art procedure if the technician has any open sores visible or in a location that may come in contact with the client.
(d) Technicians shall wear clean clothing and use a disposable barrier such as a lap cloth when performing body art procedures.
(e) For each client, single-use disposable barriers shall be provided on all equipment used as part of a procedure that cannot be sterilized. Examples include spray bottles, light fixture handles and tattoo machines.
(f) Technicians shall not allow clients to leave the procedure area without first covering the tattooed area with a bandage or other clean covering.
(5) Contamination standards.
(a) Infectious waste and sharps must be managed according to Minn. Stat. §§ 116.76 to 116.83, as they may be amended from time to time, and must be disposed of by an approved infectious waste hauler at a site permitted to accept the waste, according to Minn. Rules 7035.9100 to 7035.9150. Sharps ready for disposal must be disposed of in an approved sharps container.
(b) Contaminated waste that may release liquid blood or body fluids when compressed or that may release dried blood or body fluids when handled must be placed in an approved red bag that is marked with the international biohazard symbol.
(c) Contaminated waste that does not release liquid blood or body fluids when compressed or handled may be placed in a covered receptacle and disposed of through normal approved disposal methods.
(d) Storage of contaminated waste on site must not exceed the period specified by 29 C.F.R. § 1910.1030.
(I) Professional standards.
(1) Proof of age. A technician shall require proof of age before performing any body art procedure on a client. Proof of age must be established by one of the following methods:
(a) A valid driver’s license or identification card issued by the state or another state that includes a photograph and date of birth of the individual;
(b) A valid military identification card issued by the United States Department of Defense;
(c) A valid passport;
(d) A resident alien card; or
(e) A tribal identification card.
(2) Disclosure and authorization form.
(a) Before performing any body art procedure, the technician must provide the client with a disclosure and authorization form that indicates whether the client has:
1. Diabetes;
2. A history of hemophilia;
3. A history of skin diseases, skin lesions or skin sensitivities to soap or disinfectants;
4. A history of epilepsy, seizures, fainting or narcolepsy;
5. Any condition that requires the client to take medications such as anticoagulants that thin the blood or interfere with blood clotting; or
6. Any other information that would aid the technician in the body art procedure process evaluation.
(b) The form must include a statement informing the client that the technician shall not perform a body art procedure if the client fails to complete or sign the disclosure and authorization form, and the technician may decline to perform a body art procedure if the client has any identified health conditions.
(c) The technician shall ask the client to sign and date the disclosure and authorization form confirming that the information listed on the form is accurate.
(3) Minors; parent or legal guardian consent; prohibitions.
(a) A technician may perform body piercings on an individual under the age of 18 if the individual’s parent or legal guardian is present and a consent form under division (I)(4) below and the authorization form under division (I)(2) above is signed by the parent or legal guardian in the presence of the technician, and the piercing is not prohibited under division (I)(3)(c) below.
(b) No technician shall tattoo any individual under the age of 18 regardless of parental or guardian consent.
(c) No nipple or genital piercing, branding, scarification, suspension, subdermal implantation, microdermal or tongue bifurcation shall be performed by any technician on any individual under the age of 18 regardless of parental or guardian consent.
(d) No technician shall perform body art procedures on any individual who appears to be under the influence of alcohol, controlled substances as defined in Minn. Stat. § 152.01(4), as it may be amended from time to time, or hazardous substances as defined in rules adopted under Minn. Stat. Chapter 182, as it may be amended from time to time.
(e) No technician shall perform body art procedures while under the influence of alcohol, controlled substances as defined under Minn. Stat. § 152.01(4), as it may be amended from time to time, or hazardous substances as defined in the rules adopted under Minn. Stat. Chapter 182, as it may be amended from time to time.
(f) No technician shall administer anesthetic injections or other medications.
(4) Consent form. Before performing a body art procedure, the technician shall obtain from the client a signed and dated informed consent form. The consent form must disclose:
(a) That a tattoo is considered permanent and may only be removed with a surgical procedure and that any effective removal may leave scarring; or
(b) That body piercing may leave scarring.
(5) Personal privacy. Before performing any body art procedure, the technician shall offer and make available to the client personal draping, as appropriate.
(6) Aftercare instructions. A technician shall provide each client with verbal and written instructions for the care of the tattooed or pierced site upon the completion of the procedure. The written instructions must advise the client to consult a health care professional at the first sign of infection.
(7) State and local public health regulations. An operator and technician shall comply with all applicable state, county and municipal requirements regarding public health.
(8) Notification. The operator of the body art establishment shall immediately notify the Commissioner and the local health authority of any reports of a potential blood-borne pathogen transmission.
(J) Exception. A business is not required to obtain a body art establishment license if it is engaged solely in cosmetic tattoing limited to permanent or semi-permanent cosmetic procedures where pigmentation is implanted into and under the skin to create permanent or semi-permanent coloration to the lips, eyelids, eyebrows, hairline, scarred tissue, or areola area, and the business does not perform other forms of body art as defined by this section.
(Ord. 20-004, passed 3-23-2020)
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