§ 111.05 MOTOR VEHICLE RELATED BUSINESSES.

   (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.

      (4)   Investigation. An investigation is required pursuant to § 110.03(C)(5).

(2001 Code, § 1110.07)

   (E)   Car washes.

      (1)   License required. No person shall operate a car wash without a license pursuant to Chapter 110.

      (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 - -)

§ 111.06 BODY ART ESTABLISHMENTS.

   (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.

         (a)   Inspection. A pre-license inspection is required pursuant to § 110.11.

         (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)

§ 111.07 PAWNBROKERS AND PRECIOUS METAL DEALERS.

   (A)   Purpose.

      (1)   The City Council finds that pawnbrokers and precious metal dealers potentially provide an opportunity for the commission of crimes and their concealment because these businesses have the ability to receive and transfer stolen property quickly and easily. The City Council also finds that consumer protection regulation is warranted in transactions involving pawnbrokers and precious metal dealers. The City Council further finds that the pawnbroker and precious metal industries have outgrown the city’s current ability to effectively or efficiently identify criminal activity related to pawnshops and precious metal dealers. The purpose of this section is to prevent pawnbroker and precious metal businesses from being used as facilities for the disposition of illegally-obtained property, to aid in the identification of individuals involved in criminal activities through the timely collection and sharing of transaction information, and to ensure that the businesses comply with basic consumer protection standards, thereby protecting the public health, safety and general welfare of the citizens of the city.

      (2)   To help the Police Department better regulate current and future pawnbroker and precious metal businesses, decrease and stabilize costs associated with the regulation of the pawnbroker and precious metal industries, and increase identification of criminal activities in the pawnbroker and precious metal industries through the timely collection and sharing of pawnbroker and precious metal transaction information, this section also implements and establishes the required use of an automated pawn system (APS), as approved by the Police Department.

   (B)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

      BILLABLE TRANSACTION. A reportable transaction conducted by a pawnbroker or precious metal dealer except renewals, redemptions or extensions of existing pawns on items previously reported and continuously in the licensee’s possession, voided transactions and confiscations.

      ITEM CONTAINING PRECIOUS METAL. An item made in whole or in part of metal and containing more than 1% by weight of silver, gold or platinum.

      LICENSEE. The person to whom a license is issued under this section, including any employees or agents of the person.

      PAWNBROKER. A person engaged in whole or in part in the business of lending money on the security of pledged goods left in pawn, or in the business of purchasing tangible personal property to be left in pawn on the condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time. Notwithstanding the foregoing, the following are exempt from this definition: any bank, savings and loan association, or credit union.

      PAWNSHOP. The location at which or premises in which a pawnbroker regularly conducts business.

      PERSON. An individual, partnership, corporation, limited liability company, joint venture, trust, association or any other legal entity, however organized.

      PRECIOUS METAL. Silver, gold, platinum or sterling silver, whether as a separate item or in combination, or as a piece of jewelry or other crafted item, except items plated with precious metal or metals when the plating equals less than 1% of the item’s total weight.

      PRECIOUS METAL DEALER. A person engaging in the business of buying secondhand items containing precious metals, including, but not limited to, coins, jewelry, watches, eating utensils, candlesticks and religious and decorative objects.

      REPORTABLE TRANSACTION. Every transaction conducted by a pawnbroker or precious metal dealer in which items are received through a pawn, purchase, consignment or trade, or in which a pawn is renewed, extended or redeemed, except:

         (a)   The bulk purchase or consignment of new or used merchandise from a merchant, manufacturer or wholesaler having an established permanent place of business, and the retail sale of the merchandise, provided the pawnbroker maintains a record describing the items in each transaction and marks each item in a manner that relates it to the particular transaction record; and

         (b)   Retail and wholesale sales of merchandise originally received by pawn or purchase, and for which all applicable hold and/or redemption periods have expired.

      SECONDHAND ITEM. Tangible personal property, excluding a motor vehicle, that has been previously used, rented, owned or leased.

   (C)   License required.

      (1)   General rule. No person shall engage in the business of pawnbroker or precious metal dealer within the city unless the person is currently licensed under this section, and in the case of a precious metal dealer, a license must be obtained from both the county and the city. The city license must be obtained pursuant to Chapter 110.

      (2)   Dual licenses required. A person conducting both pawnbroker and precious metal dealer activity at the same location shall be required to obtain both a pawnbroker’s license and a precious metal dealer’s license. Only the license fee for a pawnbroker license shall be required. The license fee for the precious metal dealer license shall be waived.

      (3)   Number of licenses issued. The maximum allowable number of pawnbroker licenses at any one time shall be one. The maximum number of allowable precious metal dealer licenses at any one time shall be six.

      (4)   License transfer not allowed. Each license issued under this section shall be issued to a specific person and for a specific location. The license is not transferable.

      (5)   Investigation. Prior to issuance of a pawnbroker or precious metal dealer license, an application and investigation is required pursuant to § 110.03. An applicant applying for both licenses shall only be required to pay one background investigation fee. If there is a manager in charge of the business, the manager must also undergo a background investigation. A separate fee shall be required for each background investigation conducted.

      (6)   License display. The licensee must display a sign of sufficient size and in a location that makes it visible to all patrons which informs all patrons that all pawn and precious metal transactions are reported to the Police Department.

   (D)   Exemptions.

      (1)   The following persons shall be exempt from the licensing requirements regarding precious metal dealers:

         (a)   Transactions at occasional “garage” or “yard” sales, or estate sales or farm auctions held at the decedent’s residence, except that precious metal dealers must comply with the requirements of Minn. Stat. §§ 325F.734 to 325F.742, as they may be amended from time to time, for these transactions;

         (b)   Transactions regulated by Minn. Stat. Chapter 80A, as it may be amended from time to time;

         (c)   Transactions regulated by the Federal Commodity Futures Commission Act, Pub. L. No. 93 463;

         (d)   Transactions involving the purchase of precious metal grindings, filings, slag, sweeps, scraps or dust from a dental lab, dentist or agent thereof;

         (e)   Transactions involving the purchase of precious metal grindings, filings, slag, sweeps, scraps or dust from an industrial manufacturer with whom the precious metal dealer has a contractual relationship;

         (f)   Transactions in which a secondhand item containing precious metal is exchanged for a new item containing precious metal and the value of the new item exceeds the value of the secondhand item, except that a natural person, partnership or corporation who is a precious metal dealer by engaging in a transaction that is not exempted by this section must comply with the requirements of Minn. Stat. §§ 325F.734 to 325F.742, as they may be amended from time to time;

         (g)   Transactions between precious metal dealers if both dealers are licensed under Minn. Stat. § 325F.733, as it may be amended from time to time, or if the seller’s business is located outside of the state and the item is shipped from outside the state to a dealer licensed under Minn. Stat. § 325F.733, as it may be amended from time to time;

         (h)   Transactions in which the buyer of a secondhand item containing precious metal is engaged primarily in the business of buying and selling antiques, and the items are resold in an unaltered condition except for repair, and the items are resold at retail, and the buyer paid less than $2,500 for secondhand items containing precious metals purchased within any period of 12 consecutive months; and

         (i)   Transactions in which the secondhand item containing precious metal is exchanged for an in store credit to be used only for merchandise offered for sale at the business where the transaction occurs.

      (2)   The following persons shall be exempt from the licensing requirements for pawnbrokers:

         (a)   Persons selling used personal property or items in connection with an occasional “garage” or “yard” sale, estate sale or farm auction;

         (b)   Repurchasers of agricultural machinery or implements pursuant to Minn. Stat. §§ 325E.05 and 325E.06, as they may be amended from time to time;

         (c)   Recyclers, including but not limited to motor oil, aluminum, iron, scrap metal, glass, plastic and paper recyclers;

         (d)   Dealers of used motor vehicles;

         (e)   Retail stores in connection with the repurchase of returned merchandise by a customer after the initial retail sale from the retail store;

         (f)   Dealers of secondhand items for consignment or for resale only;

         (g)   Dealers of wire and cable pursuant to Minn. Stat. § 325E.21, as it may be amended from time to time;

         (h)   Persons making occasional private purchases or sales of secondhand items;

         (i)   Licensed auctioneers;

         (j)   Retail or wholesale businesses who purchase secondhand items as part of payment, in full or a portion thereof, for new goods or personal property purchases from the business when the business transactions are incidental to and not the primary business; and

         (k)   Banks, savings and loan associations or credit unions.

   (E)   Persons and locations ineligible for a license.

      (1)   In addition to the grounds enumerated in § 110.05, no license shall be issued to an applicant if:

         (a)   The applicant, general partner, managing partner of a partnership, or manager, proprietor or agent in charge of a business or a corporation holds an intoxicating liquor license under §§ 112.01 through 112.06;

         (b)   The person is not of good moral character and repute;

         (c)   In the judgment of the City Council, the person is not the real party in interest or beneficial owner of the business operated under the license; or

         (d)   The person has had a pawnbroker or precious metal dealer’s license issued by any governmental authority revoked anywhere within five years of the license application.

      (2)   A licensee is only authorized to carry on its business at the permanent place of business designated in the license. No building other than that mentioned in the license application may be used in conjunction with the licensed business. No off site storage facilities shall be allowed.

      (3)   No license may be issued for a place or business ineligible for a license under city ordinance or state law.

      (4)   No license may be issued for a place or business that holds a liquor license.

      (5)   No license may be granted for operation on a premises for which taxes, assessments or other financial claims of the city or any other governmental entity are delinquent and unpaid.

   (F)   General license restrictions and conditions.

      (1)   Conduct. Every licensee is responsible for the conduct of his or her place of business and the conditions of order in it. The act of any employee of the licensed premises is deemed the act of the licensee as well, and the licensee will be liable for all penalties provided by this section equally with the employee, except for criminal penalties.

      (2)   Zoning requirements met. No pawnbroker or precious metal dealer license shall be granted until all applicable zoning requirements are met or until all conditions for approval of the use have been satisfied.

      (3)   Gambling. No licensee under this section may keep, possess, operate or permit the keeping, possession or operation of dice, slot machines, roulette wheels, punchboards, blackjack tables or pinball machines that return coins or slugs, chips or tokens of any kind, which are redeemable for merchandise or cash. No gambling equipment authorized under Minn. Stat. §§ 349.11 through 349.61, as they may be amended from time to time, may be kept or operated and no raffles may be conducted on the licensed premises and/or adjoining rooms. The purchase of lottery tickets may take place on the licensed premises as authorized by the director of the lottery pursuant to Minn. Stat. §§ 349A.01 through 349A.15, as they may be amended from time to time.

      (4)   Hours of operation. Monday through Saturday, a licensee may not be open for business before 7:00 a.m. or after 9:00 p.m. On Sundays, a licensee may not be open for business before 11:00 a.m. or after 6:00 p.m. A licensee may not be open for business on Thanksgiving Day or Christmas Day.

      (5)   Stolen or lost property. A pawnbroker or precious metal dealer must report to the Police Department an item pledged, received, purchased or traded, or sought to be pledged, received, purchased or traded, if the pawnbroker or precious metal dealer has reason to believe that the article was stolen or lost.

      (6)   Recordkeeping. At the time of receipt of an item of property, whether sold or pawned, the licensee shall immediately and legibly record, in English, the following information by computerized or electronic record, including storage on a backup disk or other electronic storage medium, according to the standards and procedures approved by the Chief of Police:

         (a)   An accurate and complete description of the item of property, including, but not limited to, brand name, model name, serial number, trademark, identification number or any other identifying mark on the item;

         (b)   The date, time and place the item of property was received by the licensee, and the unique alpha and/or numeric transaction identifier that distinguishes it from all other transactions in the licensee’s records;

         (c)   The purchase price or loan amount and the check number by which the money was advanced or paid, or the nature of the transaction if not a loan or sale. For pawnbrokers, the information must include:

            1.   The maturity date of the transaction and the amount due, including monthly and annual interest rates; and

            2.   All pawn fees and charges and the last regular date of business by which the item must be redeemed by the pledgor without risk that the item will be sold, and the amount necessary to redeem the pawned item on that date.

         (d)   Full name, residence address, residence telephone number, date of birth and accurate physical description of the person from whom the item of the property was received, including: gender, height, weight, race, color of eyes and color of hair;

         (e)   The identification number and state or agency of issue from one of the following forms of identification of the person from whom the item was received:

            1.   A current valid Minnesota driver’s license;

            2.   A current valid Minnesota identification card; or

            3.   A current, valid photo driver’s license or identification card issued by another state or province of Canada and one other form of identification.

         (f)   The signature or unique identifier of the licensee or employee that conducted the transaction; and

         (g)   The signature of the person identified in the transaction.

      (7)   Photographic record.

         (a)   A licensee must obtain a digital color photograph or digital color video recording of:

            1.   Each customer involved in a billable transaction; and

            2.   Every item pawned or purchased that does not have a unique serial or identification number permanently engraved or affixed.

         (b)   If a photograph is taken, it must be at least two inches in length by two inches in width and must be maintained in such a manner that the photograph can be readily referenced with the information regarding the person and the item sold or pawned. The photographs must be in digital format and must be made available to the Police Department, upon request. The major portion of the photograph must include an identifiable front facial close up of the person who pawned or sold the item. Items photographed must be accurately depicted. The licensee must inform the person that he or she is being photographed by displaying a sign of sufficient size in a conspicuous place in the premises. If a video photograph is taken, the video camera must zoom in on the person pawning or selling the item to include an identifiable close up of that person’s face. Items photographed by video must be accurately depicted. Video photographs must be electronically referenced by time and date so they can be readily matched and correlated with all other records of the transaction to which they relate. The licensee must retain the videotape for 90 days from the date of the transaction.

      (8)   Labeling requirement. A label must be attached to every item at the time it is pawned, purchased or received in inventory from any reportable transaction. Permanently recorded on this label must be the number or name that identifies the transaction in the licensee’s records, the transaction date, the name of the item and the description or the model and serial number of the item as reported to the Police Department, and the date the item can be sold, if applicable. The labels shall not be re used.

      (9)   Receipts. The licensee shall provide a receipt to the seller or pledger of any item of property received, containing the following information:

         (a)   The name, address and telephone number of the licensee;

         (b)   The date and time on which the item was received by the licensee;

         (c)   A description of the item received and amount paid to the pledger or seller in exchange for the item pawned or sold;

         (d)   The signature of the pledger or seller and the licensee or designee;

         (e)   For pawnbrokers, the information must include the last regular business day, if any, by which the item must be redeemed by the pledger or seller without risk that the item will be sold and the amount necessary to redeem the transaction goods on that date and the monthly and annual interest rates charged by the licensee, if any, including all pawn fees and charges;

         (f)   The full name and address of the seller or pledger, and a blank line for the pledger’s signature;

         (g)   The following statements shall be printed on all pawn transaction receipts:

            “Any personal property pledged to a pawnbroker within this state is subject to sale or disposal when there has been no payment made on the account for a period of not less than 60 days past the date of the pawn transaction, renewal or extension; no further notice is necessary. There is no obligation for the pledger to redeem pledged goods. The pledger of this item attests that it is not stolen, that it has no liens or encumbrances against it, and the pledger has the right to sell or pawn the item. This item is redeemable only by the pledger to whom the receipt was issued, or any person identified in a written and notarized authorization to redeem the property identified in the receipt, or a person identified in writing by the pledger at the time of the initial transaction and signed by the pledger. Written authorization for release of property to persons other than the original pledger must be maintained along with the original transaction record.”

      (10)   Disposition of pawned articles.

         (a)   When any article is sold or disposed of by the licensee, the records shall contain the article sold with the date, the amount for which the article was sold, interest and charges accrued, and identification of the person to whom sold.

         (b)   For renewals, extensions and redemptions, the licensee shall provide the original transaction identifier, the date of the current transaction, and the type of transaction.

      (11)   Daily reports to Police Department using APS. All required transaction record data must be transmitted electronically to the State Police Department at the close of each business day using APS. If the licensee is unable to report using APS due to technology failures or interruptions, then all required records, including printed copies of all reportable transactions along with the required photographs or video tape for that day, must be maintained at the licensed premises and be made immediately available for inspection upon request by a police officer. If the electronic transmission failure is determined to be in the licensee’s system, the licensee must take all reasonable steps including the replacement of its computer system and related components in order to return the electronic reporting system to working condition as soon as possible. If the nonfunctioning system or repair will require more than ten days to return the system to a working condition, the licensee must notify the Police Department. Failure by the licensee to correct a problem with its computer or other systems causing the licensee’s inability to electronically transmit required transaction data to APS or failing to notify the Police Department of the malfunction within ten days is a violation of this section. Regardless of the origin of the technical problems that prevented the licensee from transmitting the required reports electronically, upon correction of the problem, the licensee must electronically transmit every reportable transaction to APS from each business day that the problem existed.

      (12)   Monthly transaction fee. In addition to the annual license fee, a licensee must pay a monthly transaction fee based on the actual number of billable transactions conducted by the licensee at the rate established in the fee schedule.

      (13)   Inspection of records. The records referred to in this section shall be open to the inspection of the Police Department at all reasonable times and shall be retained by the licensee on the licensed premises for at least four years, except the video records, which must be retained for 90 days.

      (14)   Inspection of premises and items. At all times during the terms of the license, the licensee must allow law enforcement officials to enter the premises where the licensed business is located during normal business hours, except in an emergency, for the purpose of inspecting the premises and inspecting the items, merchandise and records to verify compliance with this section or other applicable laws.

      (15)   Holding period for pawnbrokers.

         (a)   Pawned items. A person pledging, pawning or depositing an item for security must have a minimum of 60 days from the date of that transaction to redeem the item before it may be forfeited and sold, or in the case of precious metal, traded, melted down or dismantled. During the 60 days following the date of the pawn, pledged items may not be sold or otherwise removed from the licensed location, unless it is redeemed by the person who pawned or pledged the items.

         (b)   Purchased items. Any item purchased or accepted in trade by the licensee must not be sold or otherwise removed from the premises for 30 days from the date of the transaction, except gold and silver coins, as noted below.

      (16)   Holding period for precious metal dealers.

         (a)   General rule. Every precious metal dealer shall hold the following items for a period of 14 days from the time of the transaction:

            1.   Coins that are purchased because of their numismatic or antique value, (i.e., rare coin collection); and

            2.   All other secondhand items containing precious metal purchased by the precious metal dealer.

         (b)   Exception. Gold and silver coins that are purchased with the intent to refine (melt) or sell them to a refiner because of their precious metal value, are not subject to the 14-day holding period requirement. During the holding period, items shall not be removed from the licensed premises or altered from their original state.

      (17)   Release of property. Pawnbroker licensees are prohibited from redeeming any pawned item to anyone other than to:

         (a)   The person to whom the receipt was issued;

         (b)   Any person identified in a written and notarized authorization to redeem the property; or

         (c)   Any person identified in writing by the pledger at the time of the initial transaction and signed by the pledger.

      (18)   Pawning of motor vehicle titles. In addition to the other requirements of this section, a pawnbroker who holds a title to a motor vehicle as part of a pawn transaction must:

         (a)   Be licensed as a used motor vehicle dealer under Minn. Stat. § 168.27, as it may be amended from time to time, and post the license on the pawnshop premises;

         (b)   Verify that there are no liens or encumbrances against the motor vehicle with the State Department of Public Safety;

         (c)   Verify that the pledger has automobile insurance on the motor vehicle as required by law;

         (d)   Not sell a motor vehicle covered by a pawn transaction until 90 days after recovery of the motor vehicle; and

         (e)   Not store any pawned, pledged or purchased vehicles at the license premises in violation of the Zoning Ordinance (Chapter 153).

      (19)   Police order to hold property.

         (a)   Investigative hold. Whenever a law enforcement official from any agency notifies a licensee not to sell an item, the item must not be sold or removed, from the premises or melted or dismantled. The investigative hold shall be confirmed in writing by the originating agency within 96 hours and will remain in effect for 15 days from the date of initial notification, until the investigative order is canceled, or until an order to hold/confiscate is issued, pursuant to this section.

         (b)   Order to hold. Whenever the Police Department notifies a licensee not to sell an item, the item must not be sold or removed from the licensed premises until authorized to be released by the Police Department. The order to hold expires 90 days from the date it is placed, unless the Police Department determines additional time is necessary and notifies the licensee in writing to continue the hold.

         (c)   Order to confiscate. If an item is identified as stolen or evidence in a criminal case, the Police Department may:

            1.   Physically confiscate and remove the item from the licensed premises, pursuant to a written order from the Police Department; or

            2.   Place the item on hold or extend the hold pursuant to this section, and leave it on the licensed premises. When an item is confiscated, the person doing so shall provide identification upon request of the licensee, and shall provide the licensee the name and phone number of the confiscating agency and investigator, and the case number related to the confiscation. The Police Department shall provide the licensee with a property receipt for the item confiscated.

         (d)   Notification of release. When an order to hold/confiscate is no longer necessary, the Police Department will so notify the licensee.

   (G)   Prohibited acts.

      (1)   Minors. Persons under the age of 18 years may not pawn, sell or attempt to pawn or sell goods with any licensee, nor may any licensee receive any goods from a person under the age of 18 years.

      (2)   Incapacitated persons. Licensees may not receive or accept any goods from a person of unsound mind or who is intoxicated.

      (3)   Proper identification required. Licensees may not receive or accept any goods without proper identification of the seller pursuant to the requirements of this section.

      (4)   Tampered serial numbers. Licensees may not receive or accept any item of property that possesses an altered or obliterated serial number or “operation identification” number or any item of property that has had its serial number removed.

      (5)   Firearms. Licensees may not receive or accept firearms, including antique firearms, without a valid federal firearm dealer license.

      (6)   Requirements of pledgers.

         (a)   No person may pawn, pledge, sell, consign, leave or deposit any article of property with a licensee unless the person is the owner of the property and the property is free from any security interests.

         (b)   No person seeking to pawn, pledge, sell, consign, leave or deposit any article of property with any licensee shall give false information to the licensee.

      (7)   Requirements of licensees. A pawnbroker or precious metal dealer or an agent or employee of a pawnbroker or precious metal dealer must not:

         (a)   Make a false entry in the records of pawn or precious metal transactions;

         (b)   Falsify, obliterate, destroy or remove from the place of business the records, books or accounts relating to the licensee’s pawn transactions or transactions involving precious metals;

         (c)   Refuse to allow the appropriate law enforcement agency, the attorney general or any other duly authorized state or federal law enforcement officers to inspect the pawn or precious metal records or pawn or precious metal goods in the person’s possession during the ordinary hours of business or other times acceptable to both parties;

         (d)   Fail to comply with any of the requirements of this section, or other relevant city code provisions or state statutes related to pawnbrokers and precious metal dealers; or

         (e)   Sell or lease, or agree to sell or lease, pledged or purchased goods back to the pledger or seller in the same, or a related transaction.

(Ord. 20-005, passed 3-23-2020)

§ 111.08 SEXUALLY-ORIENTED BUSINESSES.

   (A)   Purpose, findings and conclusions.

      (1)   Purpose. The purpose of this section is to provide the opportunity for operation and establishment of sexually-oriented establishments while providing controls that limit negative impacts of sexually-oriented establishments on residential and commercial areas, and protect the general health, safety and welfare of the citizens of the city.

      (2)   Findings of the City Council. The City Council makes the following findings regarding the effect that sexually-oriented establishments have on the character of the city’s neighborhoods. In making these findings, the City Council accepts the recommendations of a staff committee that has studied the experiences of other cities across the country where sexually-oriented establishments have located.

         (a)   The nature of sexually-oriented establishments is such that they are recognized as having adverse secondary characteristics, particularly when they are accessible to minors and located near residential property or related residential uses such as schools, day care centers, libraries or parks.

         (b)   The concentration of sexually-oriented establishments has an adverse effect upon the use and enjoyment of adjacent areas.

         (c)   The nature of sexually-oriented establishments requires that they not be allowed within certain zoning districts and that they are subject to special licensing provisions.

         (d)   Special regulation of sexually-oriented establishments is necessary to ensure that their adverse secondary effects will not contribute to or enhance criminal activity in the area of those uses, nor will they contribute to the blighting or downgrading of the surrounding property and lessening of its value.

      (3)   Conclusions of the City Council. In order to minimize any harmful effects that sexually- oriented establishments may cause on adjacent properties and to protect the health, safety and welfare of its citizens, the City Council adopts the following regulations and restrictions, recognizing that it has a great interest in the present and future character of the city’s residential and commercial neighborhoods. Adoption of these regulations is not intended to unreasonably restrict the opportunity of sexually-oriented establishments to locate in the city.

      (4)   Consistency with Minn. Stat. § 617.242, as it may be amended from time to time. This section is to be read in conjunction with Minn. Stat. § 617.242, as it may be amended from time to time, which regulates adult entertainment establishments. To the extent that Minn. Stat. § 617.242, as it may be amended from time to time, applies to portions or facets of the business that are not regulated by this section, the statute shall apply. To the extent that the provisions or regulations of the statute and this section are inconsistent, the more restrictive provision or regulation shall apply.

   (B)   Licenses. All establishments, operating or intending to operate a sexually-oriented establishment, as defined in § 153.457, must apply for and obtain a license pursuant to Chapter 110. The license application must be submitted to the City Council at least 60 days before the licensee desires to begin operation of the business.

      (1)   Applications. In addition to the application requirements of § 110.03, the application must contain the following:

         (a)   A sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram must be professionally prepared and be drawn to a designated scale with marked dimensions of the interior of the premises;

         (b)   The address and legal description of the property to be used;

         (c)   The names, addresses, phone numbers and dates of birth of the owner, lessee, if any, as well as the operator or manager;

         (d)   The names and addresses of all creditors of the applicant, owner, lessee or manager regarding credit that has been extended for the purposes of constructing, equipping, maintaining, operating, furnishing or acquiring the premises, personal effects, equipment or anything incident to the establishment, maintenance and operation of the business; or

         (e)   Complete and accurate documentation establishing the interest of the applicant and any other person who has an interest in the premises upon which the building is proposed to be located or the furnishings of it, personal property or the operation or maintenance of it. Documentation must be in the form of a lease, deed, contract for deed, mortgage deed, mortgage credit arrangement, loan agreements, security agreements or any other documents establishing the interest of the applicant or any other person in the operation, acquisition or maintenance of the business.

      (2)   Investigations. An investigation is required pursuant to § 110.03(C)(5).

      (3)   Management. If there is a manager in charge of the sexually-oriented establishment or if the named manager in charge of a licensed business changes, the licensee must comply with § 110.09.

      (4)   Requalification. An applicant who has been convicted of an offense enumerated in division (D)(2)(g) below may qualify for a sexually-oriented establishment license only when the time period required by division (D)(2)(g) below.

   (C)   Inspections. An inspection is required pursuant to § 110.11 prior to approval of the license.

   (D)   Denial, suspension and revocation of license.

      (1)   In addition to the grounds enumerated in § 110.12, the City Council may deny, suspend or revoke a license if a licensee or an employee of the licensee has:

         (a)   Engaged in the use or sale of alcoholic beverages or controlled substances while on the sexually-oriented establishment premises other than at an adult hotel or motel;

         (b)   Permitted gambling by any person on the sexually-oriented establishment premises;

         (c)   Demonstrated an inability to operate or manage a sexually-oriented establishment in a peaceful and law abiding manner, thus necessitating action by law enforcement officers;

         (d)   Allowed prostitution on the premises; or

         (e)   Allowed any act of sexual intercourse, sodomy, oral copulation or masturbation to occur in or on the licensed premises. This division (D)(1) shall not apply if the act occurred in an adult hotel or motel, unless the act occurred in a public place or within public view.

      (2)   In addition to the grounds enumerated in § 110.12, the City Council shall deny an application if the applicant:

         (a)   Is overdue in a payment to the city, county or state for taxes, fees, fines or penalties assessed against the applicant or imposed upon the applicant in relation to a sexually-oriented establishment, or if the state prohibits the issuance of such a license because of assessed taxes, fees, fines or penalties;

         (b)   Has been convicted of a violation of a provision of this section;

         (c)   Holds a liquor license under §§ 112.01 through 112.06;

         (d)   In the judgment of the city is not the real party in interest or beneficial owner of the business operated under the license;

         (e)   In the case of an individual, is not a resident of the metropolitan area; in the case of a partnership, the managing partner is not a resident of the metropolitan area; or in the case of a corporation, the manager is not a resident of the metropolitan area. The required residency must be established at the time the license is issued and maintained throughout the existence of the license and all renewals of the license. The time for establishing residency within the metropolitan area may, for good cause, be extended by the licensing authority. For the purposes of this section, the METROPOLITAN AREA means the seven county metropolitan area as defined by Minn. Stat. § 473.121(2), as it may be amended from time to time.

         (f)   The premises to be used for the sexually-oriented establishment have not been approved by the health official, Fire Department, Zoning Administrator and the Building Official as being in compliance with applicable laws and ordinances; or

         (g)   An applicant has been convicted of a crime involving or arising from any of the following offenses within the past five years:

            1.   Any sex crimes as defined by Minn. Stat. §§ 609.293 through 609.352, as they may be amended from time to time, inclusive or as defined by any ordinance or statute in conformity therewith;

            2.   Any crime in Minn. Stat. §§ 609.746 through 609.749, 609.79, 609.795, 518.01, 609.224, 609.2242, as they may be amended from time to time or related statutes dealing with sexual assault, sexual conduct, harassment, obscenity or domestic abuse or as defined by any ordinance or statute in conformity therewith; or

            3.   Any obscenity crime as defined by Minn. Stat. §§ 617.23 through 617.299, as they may be amended from time to time inclusive, or as defined by any ordinance or statute in conformity therewith.

      (3)   The fact that a conviction is being appealed has no effect on the disqualification of the applicant.

   (E)   Places ineligible.

      (1)   No license may be issued for any of the following locations: a place of business that is currently licensed as a tattoo establishment, pawnshop, massage therapy business, reflexology business, check cashing or currency exchange business or any establishment that sells alcoholic beverages.

      (2)   No sexually-oriented establishment may exceed 2,500 square feet in gross floor area.

   (F)   Restrictions and regulations. A sexually-oriented establishment is subject to the restrictions and regulations in this section.

      (1)   No owner, manager or employee may allow sexually-oriented materials, as defined in §§ 153.455 through 153.459, or entertainment to be visible or perceivable in any manner, including aurally, at any time from outside the business.

      (2)   Age restrictions:

         (a)   No owner, manager or employee may allow a person under the age of 18 to enter the business. The licensee shall require proof of age from all persons entering the premises. Proof of age may be established only by: a valid driver’s license or identification card issued by the state, another state or a province of Canada; a valid military identification card issued by the United States Department of Defense; or by a valid passport, all of which shall include a photograph and the date of birth of the person to be identified;

         (b)   No owner, manager or employee may allow a person under the age of 18 to have access to sexually-oriented materials, whether by sight, purchase, touch or another means; and

         (c)   No owner or manager may employ a person under the age of 18 on the licensed premises.

      (3)   No owner, manager or employee may allow a patron, employee or other person on the premises to physically contact, in public view, a specified anatomical area, as defined in §§ 153.455 through 153.459, of himself or herself, or of another person, except that a live performer may touch himself or herself.

      (4)   A live performer must remain at all times a minimum distance of ten feet from the members of the audience, and must perform on a platform intended for that purpose, which must be raised at least two feet from the level of the floor on which the audience is located. No performer may solicit or accept money, a tip or other item from a member of the audience. No member of the audience may give to or cause to be given to any performer money, a tip or any other item.

      (5)   No sexually-oriented establishment may have booths, stalls, partitioned portions of a room or individual rooms, except as follows:

         (a)   Restroom stalls and restrooms are allowed, so long as neither the restroom stalls or the restroom itself are no larger than reasonably necessary to serve their respective purposes, no other activities are provided or allowed in the restroom stalls or restrooms, and there are no chairs, benches or reclining surfaces in the restroom stalls or restrooms; and

         (b)   Storage rooms and private offices are allowed, provided, however, that the storage rooms and offices are used solely for operating the business and no persons, other than the owner, manager and employee, are allowed in them.

      (6)   A licensee shall not allow any partition between a subdivision, portion or part of the licensed premises having any aperture which is designed or constructed to facilitate sexual intercourse, sodomy or fondling or other erotic touching of human genitals, pubic region or pubic hair, buttocks or female breast between persons on either side of the partition.

      (7)   Hours restrictions:

         (a)   A licensed sexually-oriented establishment shall not be open for business to the public:

            1.   Before 10:00 a.m. or after 10:00 p.m. on the days of Monday through Saturday; or

            2.   On a Sunday or legal holiday.

         (b)   In no event shall any person other than the licensee’s bonafide employees be in the licensed premises:

            1.   More than 75 minutes before 10:00 a.m. or after 10:00 p.m. on the days of Monday through Saturday; or

            2.   On a Sunday or legal holiday.

      (8)   All license holders shall be required to install or possess digital video security at the licensed location. The Police Department shall confirm that the device has been installed prior to approval of the license.

   (G)   Exceptions. This section does not regulate the following:

      (1)   Material with significant literary content or social commentary;

      (2)   A business where sexually-oriented materials are sold, bartered, distributed, leased, furnished or otherwise provided for off site use or entertainment, if the sexually-oriented material on each item is blocked from view by an opaque cover as required by Minn. Stat. § 617.293, as it may be amended from time to time, and each item is in an area accessible only by an employee of the business;

      (3)   A person or organization exempted under Minn. Stat. § 617.295, as it may be amended from time to time (i.e., schools, churches, medical clinics, government agencies);

      (4)   Activity under Minn. Stat. § 617.202, as it may be amended from time to time (sale of articles related to disease);

      (5)   Displaying of works of art showing specified anatomical areas, as defined in §§ 153.455 through 153.459, so long as no sexually-oriented materials are for sale and the business does not have a liquor license; or

      (6)   Movies rated G, PG, PG 13, NC 17 or R.

§ 111.09 PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS.

   (A)   Purpose. The city has the authority under its police power to prevent public nuisances and public and safety hazards created by certain business practices under the police power. It is the purpose and intent of this section to establish regulations relating to peddlers, solicitors and transient merchants as specifically authorized by Minn. Stat. §§ 329.15, 412.221, Subd. 19, and 437.02, as they may be amended from time to time.

   (B)   Definitions. For purposes of this section, the terms defined have the following meanings.

      PERSON. An individual, group, organization, corporation, partnership or association. As applied to groups, organizations, corporations, partnerships and associations, the term shall include each member, officer, partner, associate, agent or employee.

      PEDDLER. A person who meets the following criteria:

         (a)   Has no fixed place of business but goes from house-to-house, door-to-door, business-to-business, street-to-street, or place-to-place to conduct their activity;

         (b)   Carries the wares, goods, products, merchandise, personal property or tools with which to perform services being offered for sale;

         (c)   Sells the wares, goods, products, merchandise, personal property or services at the time of offer;

         (d)   Delivers the wares, goods, products, merchandise, or other personal property or performs the services immediately upon sale and the exchange of consideration;

         (e)   Makes sales only to consumers and not to dealers.

      SOLICITOR. A person who meets the following criteria:

         (a)   Goes from house-to-house, door-to-door, business-to-business, street-to-street, or place-to-place to conduct their activity;

         (b)   May carry the wares, goods, products, merchandise, personal property being offered for sale as samples;

         (c)   Takes orders for sales of the wares, goods, products, merchandise, personal property or services to be delivered at a future date;

         (d)   Delivers or has delivered the wares, goods, products, merchandise, personal property or performs the services at a future date.

      TRANSIENT MERCHANT. A person who meets the following criteria:

         (a)   Has a place where business is conducted from a building, structure, covering, tent, table, pavilion, vehicle or lot, either in one location or in multiple locations;

         (b)   Carries the wares, goods, products, merchandise, or personal property being offered for sale;

         (c)   Sells the wares, goods, products, merchandise, or personal property at the time of offer;

         (d)   Delivers the wares, goods, products, merchandise, or other personal property immediately upon sale and the exchange of consideration;

         (e)   Makes sales only to consumers and not to dealers.

   (C)   Exceptions. For the purpose of this section, the terms “peddler,” “solicitor” and “transient merchant” shall not apply and no license or registration shall be required for the following, unless otherwise indicated below.

      (1)   Auctions. Any person conducting an auction with a licensed auctioneer shall not be required to obtain license or to register with the city.

      (2)   Government sales. Any government agency conducting a sale, including a court-ordered sale, a sheriff’s sale or the sale of the government agency’s surplus property shall not be required to obtain license or to register with the city.

      (3)   Customer route sales. Any person who makes initial contacts with other people for the purpose of establishing or trying to establish a regular customer delivery route for the delivery of perishable food and dairy products such as baked goods, frozen goods and milk, nor shall they apply to any person making deliveries of perishable food and dairy products to the customers on an established regular delivery route shall not be required to obtain license or to register with the city.

      (4)   Exercise of constitutional rights. Any person going from house-to-house, door-to-door, business-to-business, street-to-street, or other type of place-to-place when that activity is for the primary purpose of exercising that person’s State or Federal Constitutional rights (i.e., freedom of speech, press, religion, etc.), shall not be required to obtain license or to register with the city. However, if the exercise of Constitutional rights is merely incidental to the primary purpose of a commercial activity or if professional fundraisers, or fundraisers who receive a commission or a fee are working on behalf of an otherwise exempt person or group, then each person involved in the activity must obtain a license pursuant to division (D) below.

      (5)   Farmer’s produce or product. Any person or a sponsoring organization representing multiple vendors who sells or attempt to sell any products of a farm or garden occupied, rented or used by the person and cultivated by the person does not require a license; however, the person or sponsoring organization must register with the city pursuant to division (E) below and in addition to the information required therein, the person or sponsoring organization must provide the following information:

         (a)   The address or specific location of the farms or gardens upon which the product was cultivated or obtained;

         (b)   A signed affidavit from the registrant that the product that will be sold was from property occupied, rented or used by the registrant and the product was cultivated by the registrant. For a sponsoring organization, the sponsor will attest that it has received documentation from the participating vendors affirming that they comply with this requirement;

         (c)   Written confirmation from the Zoning Administrator that the property on which the product will be sold complies with all zoning requirements;

         (d)   The address or specific location on which the product will be sold and a written acknowledgment from the property owner that includes the following:

            1.   Consent from the property owner to use the property for the sale of the product;

            2.   A site map showing the location on the property that will be used for the sale of the product.

         (e)   A written acknowledgment from the registrant that the registrant has been provided with a copy of and will adhere to the following conditions:

            1.   Will comply with all condition of the registrant’s interim use permit;

            2.   The registrant shall not interfere with or obstruct the free-flow of vehicular or pedestrian traffic or any right-of-way in order to conduct the business activity, including loading and unloading the product;

            3.   All structures, tables, tents, canopies, pavilions, shelters or other coverings and areas, including the property used for the business activity, shall be maintained in a neat and professional manner during the hours of operation;

            4.   All vehicles used to assist with the business activity shall be properly licensed and operable and maintained in a neat and professional manner;

            5.   The property used for conducting the business activity shall be maintained in a neat and clean condition and no evidence of the business activity shall remain on the property upon removal of the business activity each day;

            6.   No door-to-door sales shall be permitted.

      (6)   Flea markets. Any persons participating in an organized multi-person bazaar or flea market, when there are no more than two such sales in each calendar year and the sale lasts no longer than one week.

      (7)   Garage sales. Any persons conducting the type of sales commonly known as garage sales, rummage sales, or estate sales, when there are no more than two such sales in each calendar year and the sale lasts no longer than one week.

      (8)   Isolated sale. Any isolated or singular sale of property.

      (9)   Non-profit, charitable, religious organizations or public and private schools who are conducting sales or other similar fundraising activities shall not be required to obtain a license but are subject to certain requirements as follows:

         (a)   Local organizations. All local non-profit, charitable, religious organizations or public and private schools that have a direct connection to or are located within the City shall be required to complete a notification form provided by the City containing:

            1.   Except for schools, written verification of the non-profit status of the organization;

            2.   The dates during which the activity will be conducted; the location where the activity will be conducted; and the nature of the goods or services to be sold or offered for sale;

            3.    A written acknowledgment that the activity will be conducted in such a manner so as to comply with the conditions of division (E)(5)(c) below.

         (b)   Non-local organization. If the organization has no local connection or is not located within the city, then the organization shall be required to submit one registration application per activity, but otherwise shall comply with all the conditions of division (E) below.

         (c)   For all organizations, while conducting the activity all members of the organization shall wear clothing identifying the sponsoring organization or carry a form of identification from the sponsoring organization.

      (10)   Parade vendors. Sales conducted by peddlers or transient merchants in conjunction with and as part of a city-sponsored community event or parade.

      (11)   Sales to dealers. Transient merchants making direct sales to dealers.

      (12)   Solicitors engaged in interstate commerce. No license is required for a solicitor who takes orders for goods, wares or merchandise delivered to the purchaser from states other than Minnesota; however, the solicitor must register with the city pursuant to division (E) below and in addition to the information required therein, the registrant must provide written documentation, accompanied by an affidavit signed by the registrant, that the goods, wares or merchandise are being delivered from states other than Minnesota, and identifying the state or states from which they are being delivered.

   (D)   License requirements.

      (1)   County license. No person may conduct business as a transient merchant within the city without obtaining a license from Dakota County, as required by Minn. Stat. Chapter 329, as it may be amended from time to time.

      (2)   City license and application. Unless otherwise excepted, no person may conduct business as a peddler, solicitor or transient merchant in the city without a city license pursuant to City Code Chapter 110. Each person who desires to conduct the activity must complete an application and obtain a separate license even if more than one person represents the same individual, firm or corporation. The application shall be submitted at least 21 business days before the applicant desires to conduct business.

      (3)   Investigation. An investigation is required pursuant to City Code § 110.03(C)(5).

      (4)   Bond or letter of credit requirement in lieu of insurance. In lieu of a certificate of insurance, the applicant shall provide a bond or letter of credit payable to the city in the amount of $3,000, which shall be approved by the Finance Director.

      (5)   Photo identification card. Once a license has been issued, the licensee must obtain a photo identification card from the city.

      (6)   Fees. The license fee, investigation fee and photo identification card fee are established by the City Council resolution.

      (7)   License term. The term of the license begins on the date it is approved by the City Council and terminates on the first of the following:

         (a)   One hundred eighty days thereafter; or

         (b)   On the expiration date stated in the application; or

         (c)   On December 31 of that same year.

      (8)   Grounds for denial. In addition to the grounds for denial stated in City Code § 110.12(A), the City Council may deny an application if it finds that the applicant:

         (a)   Has been permanently or temporarily enjoined by any court of competent jurisdiction from engaging in or continuing any conduct or practice involving any aspect of the business activity;

         (b)   Fails the background investigation pursuant to a recommendation by the Police Chief;

         (c)   Has had an application rejected by the city or other governmental agency within three years prior to the date of application.

      (9)   Conditions of license. In addition to the requirements and conditions in City Code Chapter 110, every licensee shall comply with the following conditions:

         (a)   Every licensee shall clearly display the license and photo identification card on his or her person, basket, cart or vehicle in a conspicuous place. Every licensee shall produce and show the license number and photo identification card upon request.

         (b)   All transient merchants, who require a license, shall comply with the requirements of the Zoning Ordinance.

         (c)   No licensee shall conduct business in any of the following manners:

            1.   Calling attention to his or her business or items to be sold by means of blowing a horn or whistle, ringing a bell, crying out, or by any other noise so as to be unreasonably audible within an enclosed structure.

            2.   Obstructing the free flow of either vehicular or pedestrian traffic on any street, alley, sidewalk or other public right-of-way.

            3.   In such a way so as to create a threat to the health, safety and welfare of any individual or the public.

            4.   For peddlers and solicitors, they shall not go door-to-door before 10:00 a.m. or one half hour after sundown or after 7:00 p.m., whichever occurs first, Monday through Saturday and before 10:00 a.m. or after 3:00 p.m. on Sunday.

            5.   Failing to provide proof of license or identification, when requested.

            6.   Making any false or misleading statements about the product or service being sold, including untrue statements of endorsement. No licensee shall claim to have the endorsement of the city solely based on the city having issued a license.

            7.   Remaining on the property of another when requested to leave, or to otherwise conduct business in a manner a reasonable person would find obscene, threatening, intimidating or abusive.

         (d)   Exclusion by placard. Unless invited to do so by the property owner or tenant, no licensee shall enter the property of another when the property is marked with a sign or placard stating “No Peddlers, Solicitors or Transient Merchants,” or “Peddlers, Solicitors and Transient Merchants prohibited,” or other comparable statement. No person other than the property owner or tenant shall remove, deface or otherwise tamper with any sign or placard pursuant to this section.

   (E)   Registration requirements.

      (1)   Registration required. All person excepted from the licensing requirements of this section pursuant to division (C) above, but who are required to register with the city, must complete a registration application and submit it to the City Clerk at least 21 days before the person desires to begin its activity. Except as provided in division (C)(9)(b) above for non-local non-profit organizations, or farmers markets with a sponsoring organization, each person who desires to conduct the activity must complete a separate application and obtain a separate certificate of registration even if more than one person represents the same individual, firm, organization or corporation. Upon receiving a completed application, the City Clerk will issue a certificate of registration.

      (2)   Photo identification card. The registrant must obtain a photo identification card from the city. No photo identification card shall be required for individual vendors in a farmers market if there is a sponsoring organization, however, a list of vendors must be provided to the city and updated every week during the time when the activity is being conducted.

      (3)   Fees. The registration fee and photo identification card fee are established by City Council resolution.

      (4)   Registration term. The term of the registration begins on the date that a completed Registration Form is approved by the City Clerk and terminates on the first of the following:

         (a)   One hundred eighty days thereafter; or

         (b)   On the expiration date stated in the application; or

         (c)   On December 31 of that same year.

      (5)   Conditions of certificate of registration.

         (a)   Unless excepted, every registrant shall clearly display the certificate of registration and photo identification card on his or her person, basket, cart or vehicle in a conspicuous place and shall produce them upon request.

         (b)   Transient merchants shall be required to comply with the requirements of the Zoning Ordinance. One interim use permit may be obtained on behalf of all vendors for a farmer’s market in one location.

         (c)   No registrant shall conduct business in any of the following manners:

            1.   Calling attention to his or her business or items to be sold by means of blowing a horn or whistle, ringing a bell, crying out, or by any other noise so as to be unreasonably audible within an enclosed structure.

            2.   Obstructing the free flow of either vehicular or pedestrian traffic on any street, alley, sidewalk or other public right-of-way.

            3.   In such a way so as to create a threat to the health, safety and welfare of any individual or the public.

            4.   For peddlers and solicitors, they shall not go door-to-door before 10:00 a.m. or one half hour after sundown or after 7:00 p.m., whichever occurs first, Monday through Saturday and before 10:00 a.m. or after 3:00 p.m. on Sunday.

            5.   Failing to provide proof of registration, or identification, when requested.

            6.   Making any false or misleading statements about the product or service being sold, including untrue statements of endorsement. No registrant shall claim to have the endorsement of the city solely based on the city having issued a certificate of registration.

            7.   Remaining on the property of another when requested to leave, or to otherwise conduct business in a manner a reasonable person would find obscene, threatening, intimidating, or abusive.

         (d)   Exclusion by placard. Unless invited to do so by the property owner or tenant, no registrant shall enter the property of another when the property is marked with a sign or placard stating “No Peddlers, Solicitors or Transient Merchants,” or “Peddlers, Solicitors and Transient Merchants prohibited,” or other comparable statement. No person other than the property owner or tenant shall remove, deface or otherwise tamper with any sign or placard pursuant to this section.

   (F)   Conditions of licenses.

      (1)   Every licensee shall display the photo identification card on his or her person, basket, cart or vehicle in a conspicuous place showing the license number and photo identification card. Every licensee/registrant shall produce and show the photo identification card, license number or certificate of registration upon the request of a resident, police officer or city-identified staff person.

      (2)   Person selling or peddling from vehicles or pushcarts shall not stand upon any sidewalk, street or alley to dispose of goods.

      (3)   All sales involving open sales lots shall comply with the requirements of the Zoning Ordinance.

      (4)   No peddler, solicitor or transient merchant shall conduct business in any of the following manners:

         (a)   Calling attention to his or her business or items to be sold by means of blowing a horn or whistle, ringing a bell, crying out, or by any other noise so as to be unreasonably audible within an enclosed structure.

         (b)   Obstructing the free flow of either vehicular or pedestrian traffic on any street, alley, sidewalk or other public right-of-way.

         (c)   Conducting business in such a way so as to create a threat to the health, safety and welfare of any individual or the public.

         (d)   Conducting business before 8:00 a.m. or after 9:00 p.m.

         (e)   Failing to provide proof of license, registration, or identification, when requested.

         (f)   Using the license or registration of another person.

         (g)   Making any false or misleading statements about the product or service being sold, including untrue statements of endorsement. No peddler, solicitor or transient merchant shall claim to have the endorsement of the city solely based on the city having issued a license or certificate of registration.

         (h)   Remaining on the property of another when requested to leave, or to otherwise conduct business in a manner a reasonable person would find obscene, threatening, intimidating, or abusive.

      (5)   Exclusion by placard. Unless invited to do so by the property owner or tenant, no peddler, solicitor, or transient merchant, shall enter the property of another for the purpose of conducting business as a peddler, solicitor or transient merchant when the property is marked with a sign or placard at least three and three-fourths inches long and three and three-fourths inches wide with print of at least 48 point in size stating “No Peddlers, Solicitors or Transient Merchants,” or “Peddlers, Solicitors and Transient Merchants Prohibited,” or other comparable statement. No person other than the property owner or tenant shall remove, deface or otherwise tamper with any sign or placard pursuant to this section.

§ 111.10 SELF-SERVICE LAUNDRY FACILITIES.

   (A)   Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.

      SELF-SERVICE LAUNDRY FACILITY. Machines for washing and drying clothes and similar equipment, made available to the public upon payment of a charge.

   (B)   License required. No person shall engage in the business of operating a self-service laundry without a license pursuant to Chapter 110.

   (C)   Information required on self-service laundry applications. In addition to the application requirements in Chapter 110, every operator of self-service laundry facilities must state the type, serial number and location of each machine operated.

   (D)   Condition of the license. The operation of all self service laundry facilities is subject to curtailment or suspension when the city must conserve water for essential uses.

(2001 Code, § 1125.05)

§ 111.11 LUMBER YARDS.

   (A)   Conditions for storage of lumber. The storage of lumber must comply with the following conditions.

      (1)   Lumber may not be piled in any yard to a height greater than 20 feet above the grade of the adjoining street or alley.

      (2)   If piles of lumber are situated adjacent to each other, the space between the piles shall be kept entirely free of refuse and shall be equipped with standard fire hydrants, spaced at regular distances, when deemed necessary by the Fire Chief.

      (3)   When lumber yards front on streets, a proper fence shall be erected and maintained along the property line. The fence shall provide gates or suitable openings at intervals so as to allow access as required by the Fire Chief.

   (B)   Open sheds. No open shed for storage of lumber shall be erected, and no lumber shall be stored in any shed within the city unless the owner of the property on which the shed is erected shall obtain the written consent of 60% of the property owners located within 300 feet of the property to be occupied by the lumber yard.

(2001 Code, § 1125.07)

§ 111.12 LEGAL FIREWORKS.

   (A)   License required. It is unlawful for any person to engage in the business of selling legal fireworks at retail without first receiving a license for the sale of legal fireworks issued by the City Council as provided in this section.

   (B)   Definition. LEGAL FIREWORKS means wire or wood sparklers of not more than 100 grams of mixture per item, other sparkling items which are nonexplosive and nonaerial and contain 75 grams or less of chemical mixture per tube or a total of 500 grams or less for multiple tubes, snakes and glow worms, smoke devices or trick noisemakers, which include paper streamers, party poppers, string poppers, snappers and drop pops, each consisting of not more than twenty five hundredths grains of explosive mixture.

   (C)   Application for license. A person desiring a license under this section must file an application therefor with the Clerk and deposit with the Clerk the fee set by City Council resolution. The application shall be on a form established by the Clerk and shall require the business name, the business phone number, the address of the property at which the business is to be conducted and other relevant information as may be required by the Clerk.

   (D)   Conditions of license. The license shall be issued subject to the following conditions.

      (1)   The licensee shall be 18 years or older on the date the permit application is submitted to the Clerk.

      (2)   The license is non transferable, either to another person or location.

      (3)   The license must be publicly displayed on the licensed premises.

      (4)   The premises must be in compliance with the State Building Code and State Fire Code.

      (5)   The premises shall comply with National Fire Protection Association Standard 1124 (most recently adopted edition).

      (6)   The premises shall be inspected and approved by the South Metro Fire Department prior to issuance of the license, and the licensee shall pay the required inspection fee.

      (7)   During the license term, the premises shall be subject to inspection by city employees, law enforcement and the South Metro Fire Department during normal business hours.

      (8)   During the license term, the licensee shall maintain insurance in the types and amounts listed in § 110.03.

      (9)   All applicable zoning requirements are met.

(2001 Code, § 1125.17) (Ord. 12-29, passed - -)