1997-21BILL NO. 1997-21
AN ORDINANCE AMENDING THE RICHFIELD CITY CODE BY ADDING SECTION
630; REGULATING THE TATTOO, BODY PIERCING, BODY BRANDING AND BODY
PAINTING ESTABLISHMENTS
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. The Richfield City Code is amended by adding a Section 630 to read as
follows:
SECTION 630 -TATTOO, BODY PIERCING, BODY BRANDING AND BODY
PAINTING ESTABLISHMENTS
630.01 Regulation of tattoo bodypiercinq,, body branding and body painting services.
Subd. 1. Purpose statement. The purpose of this section is to regulate the
business of tattooing, body piercing, body branding, or body painting in order to protect
the health and welfare of the general public. The City Council finds that the experience
of other cities indicates that there is a connection between tattooing and hepatitis and
other health problems. The City Council finds that stringent regulations governing
tattooing can minimize the hepatitis and disease risk and therefore protect the general
health and welfare of the community.
630.03 Definitions.
Subd. 1. For Purposes of this subsection the terms defined in this subsection
have the meanings given them.
Subd. 2. "Body piercing" means any method of puncturing the skin of a person
by the aid of needles or other instrument designed or used to puncture the skin for the
purpose of inserting jewelry or other objects in or through the human body. "Body
piercing" shall not refer to any medical procedure performed by a licensed physician or
medical practitioner.
Subd. 3. "Body branding" means impressing or burning a mark or figure on the
skin of a person with a hot object or flame.
Subd. 4. "Body painting" means applying color, pigment or paint to an area of
the skin that exceeds 3 square inches.
Subd. 5. "Clean" means the absence of dirt, grease, rubbish, garbage, odor and
other offensive, unsightly, or extraneous matter.
Bill No. 1997-21 -2-
Subd. 6. "Good Repair" means free of corrosion, breaks, cracks, chips, pitting,
excessive wear and tear, leaks, obstructions, and similar defects so as to constitute a
good and sound condition.
Subd. 7. "Enforcement Officer" means the Director of Public Safety or designee.
Subd. 8. "Issuing Authority" means the Director of Public Safety or designee.
Subd. 9. "Tattooing" means the marking of the skin of a person by insertion of
permanent colors by introducing them through puncture of the skin.
630.05 License required. No person shall operate any establishment where tattooing,
body piercing, body branding, or body painting is practiced, nor engage in the practice
of tattooing, body piercing, body branding or body painting without first procuring a
license from the Department of Public Safety.
630.07 Contents of application for license.
Subd. 1. Forms. Every application for a license under this subsection shall be
made on a form supplied by the Department of Public Safety.
Subd. 2. Contents of application. In addition to information which may be
required, the applicant shall state whether the applicant is a natural person, corporation,
partnership, or other form of organization.
Subd. 3. Additional information: natural persons. If the applicant is a natural
person, the following information shall be furnished:
(a) The name, place and date of birth, street residence address, and phone
number of the applicant.
(b) Whether the applicant has ever used or has been known by a name other
than the applicant's name, and if so, the name or names used and
information concerning dates and places where used.
(c) The name of the business if it is to be conducted under a designation, name,
or style other than the name of the applicant, and a certified copy of the
certificate as required by Minnesota Statutes, Section 333.01.
(d) The street addresses at which the applicant has lived during the preceding
five (5) years.
(e) The type, name and location of every business or occupation in which the
applicant has been engaged during the preceding five (5) years, and the
name(s) and address(es) of the applicant's employer(s) and partner(s), if any,
for the preceding five (5) years.
(f) Whether the applicant holds a current tattooing, body piercing, body branding
or body painting license from any other governmental unit.
Bill No. 1997-21 -3-
(g) Whether the applicant has previously been denied a tattooing, body piercing,
body branding or body painting license from any other governmental unit.
(h) The location of the business premises and the legal description thereof.
(i) Whether all real estate and personal property taxes that are due and payable
for the premises to be licensed have been paid, and if not paid, the years and
amounts that are unpaid.
(j) Whenever the application is for premises either already in existence, planned
or under construction or undergoing substantial alterations, the application
shall be accompanied by a set of preliminary plans showing the design of the
proposed premises to be licensed. If the plans of design are on file with the
City of Richfield, Building and Inspection Division, no plans need be
submitted to the Issuing Authority.
(k) Such other information the City Council or the Department of Public Safety
may require.
Subd. 4. Additional information: partnership. If the applicant is a partnership,
the following information shall be furnished:
(a) The name(s) and address(es) of all general and limited partners and, for each
general partner, require the information under subsection 3 of this subsection.
(b) The name(s) of the managing partner(s) and the interest of each partner in
the business to be licensed.
(c) A true copy of the partnership agreement shall be submitted with the
application. If the partnership is required to file a certificate as to a trade
name pursuant to Minnesota Statutes, Section 333.01, a certified copy of
such certificate shall be attached to the application.
Subd. 5. Additional information: corporation. If the applicant is a corporation or
other organization, the following information shall be furnished:
(a) The name of the corporation or business formed, and if incorporated, the
state of incorporation.
(b) A true copy of the certificate of incorporation. If the applicant is a foreign
corporation, a certificate of authority as required by Minnesota Statutes,
Section 303.06, shall be attached to the application.
(c) The name of the manager(s) proprietor(s), or other agent(s) in charge of the
business and, for each such person, the information required under
subsection 3 of this subsection.
Subd. 6. Execution. The application must be executed as follows:
1. an application by a natural person, by that person;
2. an application by a corporation, by an officer of the corporation;
3. an application by a partnership, by a partner;
Bill No. 1997-21
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4. an application by an incorporated association, by the manager or
managing officer.
Any falsification on a license application shall result in the denial of a license.
630.09 Application verification. Subdivision 1. All applications shall be referred to the
Department of Public Safety for verification and investigation of the facts set forth in the
application, including any necessary criminal background checks to assure compliance
with this subsection.
630.11 License period and fees. Subdivision 1. Amounts. The license fee is fixed in
appendix D. The term of the license is the calendar year or the remaining portion
thereof. Licenses will not be prorated.
Subd. 2. Payment. At the time of an original application for a license, the
license fee shall be paid when the application is filed. At the time of renewal of a
license, the total license fee shall be paid when the application is filed. Licenses expire
on December 31 of each year.
Subd. 3. Investigation fee. At the time of each original application for a license,
the applicant shall also pay an investigation fee set by appendix D. If the expenses of
the investigation exceed the investigation fee, the Public Safety Department staff shall
so notify the applicant and shall require the applicant to pay an additional investigation
fee as provided in appendix D which the Public Safety Director deems necessary to
complete the investigation of the applicant. The applicant shall pay such an additional
investigating fee within five days after notification. If such additional investigation fee is
not paid within the five day period, the city will give no further consideration to the
application.
Subd. 4. Refunds. No part of a license or investigation fee shall be refunded
except in accordance with this subsection.
630.13 Persons ineligible for license. Subdivision 1. No license shall be issued to an
applicant who is a natural person if such applicant:
1. Is a minor at the time the application is filed;
2. Has been convicted of any crime directly related to the occupation
licensed as prescribed by Minnesota Statutes, Section 364.03, subd. 2.
and has not shown competent evidence of sufficient rehabilitation and
present fitness to perform the duties of the licensed occupation as
prescribed by Minnesota Statutes, Section 364.03, subd. 3;
3. Does not have the legal authority to be employed in the United States; or
4. Is not of good moral character or repute
Bill No. 1997-21
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Subd. 2. No license shall be issued to a partnership if such partnership has any
general partner or managing partner:
1. Who is a minor at the time the application is filed;
2. Who has been convicted of any crime directly related to the occupation
licensed as prescribed by Minnesota Statutes, Section 364.03, subd. 2,
and who has not shown competent evidence of sufficient rehabilitation
and present fitness to perform the duties of the licensed occupation as
prescribed by Minnesota Statutes, Section 364.03, subd. 3;
3. Does not have the legal authority to be employed in the United States; or
4. Is not of good moral character or repute.
Subd. 3. No license shall be issued to a corporation or other organization if such
applicant has any manager, proprietor, or agent in charge of the business to be
licensed;
1. Who is a minor at the time the application if filed:
2. Who has been convicted of any crime directly related to the occupation
licensed as prescribed by Minnesota Statutes, Section 364.03, subd. 2,
and who has not shown competent evidence of sufficient rehabilitation
and present fitness to perform the duties of the licensed occupation as
prescribed by Minnesota Statutes, Section 364.03, subd. 3;
3. Does not have the legal authority to be employed in the United States: or
4. Is not of good moral character or repute.
630.15 General license requirements. Subdivision 1. General licensing requirements
are as follows:
(a) Tattoos on Minors. No person shall tattoo, pierce, brand or paint any person
under the age of eighteen (18) except in the presence of, and with the written
permission of, the parent or legal guardian of such minor.
(b) Prohibition on License Transfer. The license granted is for the person and
the premises named on the approved license application. No transfer of a
license shall be permitted from place-to-place or from person-to-person
without first complying with the requirements of an original application, except
in the case in which an existing noncorporate licensee is incorporated and
incorporation does not affect the ownership, control, and interest of the
existing licensed establishment.
(c) Hours of Operation. A licensee shall not be open for business for tattooing
before 7:00 a.m. nor after 11:00 p.m.
(d) Licensed Premises. The tattoo, body piercing, body branding, body painting
establishment license is only effective for the compact and contiguous space
specified in the approved license application. If the licensed premises is
enlarged, altered, or extended, the licensee shall inform the Department of
Public Safety.
Bill No. 1997-21
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(e) Effect of License Suspension or Revocation. No person shall solicit business
or offer to perform tattooing, body piercing, body branding or body painting
services while under license suspension or revocation by the City.
(f) Maintenance of Order. The licensee shall be responsible for the conduct of
the business being operated and shall at all times maintain conditions of
order.
(g) Employee Lists. The licensee shall provide to the Department of Public
Safety a list of employees who perform tattooing, body piercing, body
branding or body painting at the licensed establishment and shall verify that
each employee has received a copy of Section 630.
(h) 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 of Minnesota indicating that the licensee is currently covered in the
licensed business by a liability insurance policy. The minimum limits of
coverage for such insurance shall be:
(1) Each claim, at least $200,000;
(2) Each group of claims, at least $500,000.
Such insurance shall be kept in force during the term of the license and shall
provide for notification to the City prior to termination or cancellation. A
certificate of insurance shall be filed with the City.
630.17 Health and sanitation requirements. Subdivision 1. No person shall engage in
the practice of tattooing, body piercing, body branding or body painting at any place in
the City without complying with the following regulations:
(a) Lavatory Requirement. Every place where tattooing, body piercing, body
branding or body painting is practiced shall be equipped with an adequate
and conveniently located toilet room and hand lavatory for the
accommodation of employees and patrons. The hand lavatory shall be
supplied with hot and cold running water under pressure; shall be maintained
in good repair at all times; and shall be kept in a clean and sanitary condition.
Toilet fixtures and seats shall be of a sanitary open front design and readily
cleanable. Easily cleanable, covered receptacles shall be provided for waste
materials. Every lavatory facility shall be provided with an adequate supply of
hand cleansing compound and singe-service sanitary towels or hand-drying
devices.
(b) Skin Infection. No person having any skin infection or other diseases of the
skin shall be tattooed, pierced, branded or painted.
(c) Sterilization and Disposal of Bio-Hazardous Materials. All needles and razor
blades and other equipment used for piercing, branding or puncturing shall
be individually pre-packaged, pre-sterilized and disposable. No such
Bill No. 1997-21 -7-
equipment shall be used on more than one customer. All bio-hazardous
waste shall be disposed of in accordance with law, and disposal procedures
shall be approved by the Health Officer. Approved sterilizing solutions and
methods. may be used for the purpose of sterilizing instruments other than
needles and razor blades when such sterilizing solutions and methods are
approved by the Department of Public Safety or their designee.
(d) Skin Preparation Procedures. The following procedures shall be used for
skin preparation:
(1) Each operator shall wash his or her hands thoroughly with soap and
water following the hand washing procedures as approved by the
Department of Public Safety and then dry them with a clean towel
before and after each tattooing, branding, piercing or painting.
Operators with skin infections of the hand shall not perform any
tattooing, body piercing, body branding or body painting services.
(2) Whenever it is necessary to shave the skin, pre-packaged, pre-
sterilized, disposable, razor blades shall be used.
(3) The skin area to be tattooed, pierced, branded or painted shall be
thoroughly cleaned with germicidal soap, rinsed thoroughly with water,
and sterilized with an antiseptic solution approved by the Department
of Public Safety. Only single-service towels and wipes shall be used in
the skin cleaning process.
(4) After tattooing, piercing or branding, a sterile dressing must be applied
to the tattooed, pierced or branded area.
(a) Operating Furniture. All tables, chairs, furniture, or area on which a patron
receives a tattoo, any body piercing, body branding or body painting shall be
covered by single-service disposable paper or clean linens, or in the
alternative, the table, chair, or furniture on which the patron receives a tattoo,
body piercing, body branding or body painting shall be impervious to moisture
and shall be properly sanitized after each tattoo, body piercing, body
branding or body painting.
(b) Towels. Every operator shall provide single-service towels or wipes for each
customer or person and such towels or wipes shall be stored and disposed of
in a manner acceptable to the Department of Public Safety.
(c) Garments of Operator. Every operator shall wear clean garments when
engaged in the practice of tattooing, body piercing, body branding or body
painting. If garments are contaminated with blood or body fluids, such
garment shall be removed, changed, and/or discarded or cleaned by dry
cleaning methods.
Bill No. 1997-21 -8-
(d) Pigments. Pigments used in tattooing shall be sterile and free from bacteria
and noxious agents and substances including mercury. The pigments used
from stock solutions for each customer shall be placed in asingle-service
receptacle, and such receptacle and remaining solution shall be discarded
after use on each customer in accordance with procedures approved by the
Department of Public Safety.
(e) Minimum Floor Space. There shall not be less than 150 square feet of floor
space at the place where the practice of tattooing, body piercing, body
branding or body painting is conducted, and said place shall be so lighted
and ventilated as to comply with the standards approved by the Department
of Public Safety.
(f) Influence of Alcohol and Drugs. No person shall practice tattooing, body
piercing, body branding or body painting while under the influence of
alcoholic beverages or illicit drugs. No customer shall be tattooed, pierced,
branded or painted while under the influence of alcoholic beverages or illicit
drugs.
(g) Written Instructions. The operator shall provide the person tattooed, pierced
or branded with printed instructions on the approved care of the skin during
the healing process.
(h) Living Quarters. No place licensed as a tattoo, body piercing, body branding
or body painting establishment shall be used or occupied as living or sleeping
quarters.
630.19 Revocation. Subdivision 1. General. The City Council may revoke the license
or suspend the license if the licensee submitted false information or omitted material
information in the license process required. The City Council may suspend or revoke a
license for the violation of any provision or condition of this section or any other local
law governing the same activity during the license period or any criminal law during the
license period which adversely affects on the ability to honestly, safely, or lawfully
conduct a tattooing, body piercing, body branding or body painting business.
Subd. 2. A revocation or suspension shall be preceded by written notice to the
licensee and a hearing before the City Council. The notice shall give at least eight (8)
days notice of the time and place of the hearing and shall state the nature of the
charges against the licensee. The notice shall be mailed to the licensee at the most
recent address listed on the application.
630.21 Issuance of temporary tattooing body piercing body branding or body painting
event license. Subdivision 1. A person may obtain a temporary license to conduct
tattooing, body piercing, body branding or body painting provided that the following
license requirements are met:
Bill No. 1997-21 -9-
(a) Duration of Event. The event is no longer than four (4) continuous days.
(b) Number of Events. The same person or organization has had no more than
four (4) tattooing, body piercing, body branding, body painting events in the
same calendar year.
(c) Security Measures. The Director of Public Safety designee has approved the
security measures for the event.
(d) Health Inspection. The Department of Public Safety designee has reviewed
the health and sanitation measures for the event and has inspected each
vendor space for the event.
(e) Liability Insurance. Liability insurance has been obtained to cover the event
or in the alternative each vendor has procured insurance to cover the vendor's
operations at the event. The minimum limits of coverage for such insurance
shall be:
(1) each claim, at least $200,000;
(2) each group of claims, at least $500,000.
A certificate of insurance shall be filed with the City.
(f) The licensee must comply with the requirements at subsection 630.15 (a),
(c), (f), and subsection 630.17 (a - I).
Subd. 2. Temporary application. The temporary license application shall
request the following information:
(a) The applicant's name and current address.
(b) The applicant's current employer.
(c) The applicant's addresses for the previous five (5) years.
(d) The applicant's date of birth, home telephone number, weight, height, color of
eyes, and color of hair.
(e) Whether the applicant has ever used or been known by a name other than
the applicant's name, and if so, the name or names and information
concerning dates and places where used.
(f) The location where the event will be conducted.
(g) The number of tattoo, piercing, branding or painting booths that will be
operational at the event.
Bill No. 1997-21 -10-
(h) The names and addresses of persons in charge of the event.
Subd. 3. Background investigation. The Department of Public Safety shall verify
the information supplied on the temporary license application and shall investigate the
background, including the current background of the applicant. Within seven (7) days
of receipt of a complete application, the Department of Public Safety shall grant or deny
the application.
Passed by the City Council of the City of Richfield, Minnesota this 8th day of
December, 1997.
~~
. ~ ..
~ ~ ~ ~=
Martin J. Kirsch, Mayor
ATTEST:
Thomas P. Ferber, City Clerk
[~
0
STATE OF MINNESOTA)
COUNTY OF HENNEPIN)
Doug Dance
uMSIJN
8urpn~rrt BurPat i.Lr6Yor
AFFIDAVIT OF PUBLICATION
SS.
being duly sworn on an oath says that he/she is
the publisher or authorized agent and employee of the publisher of the newspaper known as
Sun -Current ,and has full knowledge of the facts
which are stated below.
(A) The newspaper has complied with all of the requirements constituting qualification as a
qualified newspaper, as provided by Minnesota Statue 331A.02, 331A.07, and other applicable
laws, as amended.
(B) The printed Bill N o . 19 9 7 - 21
which is attached was cut from the columns of said newspaper, and was printed and published
once each week, for one successive weeks; it was first published
printed and published on every
to and including
. the day of . 19 ;and printed below is a copy of
the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the
City of Richfield
(Official Publication)
BILL NO. 1997-21
AN ORDINANCE AMENDING THE RICHFIELD
CITY CODE BY ADDING SECTION 630;
REGULATING THE TATTOO, BODY PIERCING
BODY BRANDING AND BODY
PAINTING ESTABLISHMENTS
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. The Richfield City Code is amended
adding aSection 630 to read as follows:
SECTION 630 -TATTOO, BODY PIERCIN
BODY BRANDING AND BODY
PAINTING ESTABLISHMENTS
630.01 Ra~ulation of tattoo batty niercin~ body brandii
and body naintine serviceG
Subd. 1. Purpose statement. The purpose of this se
lion is to regulate the business of tattooing, body piercic
body branding, or body painting in order to protect tl
health and welfare of the general public. The City Couni
finds that the experience of other cities indicates that the:
is a connection between tattooing and hepatitis and oth
health problems. The City Council finds that stringent re
ulations governing tattooing can minimize the hepatic
and disease risk and therefore protect the general heap
and welfare of the community.
630.03 Definitions.
Subd. 1. For Purposes of this subsection the terms d
fined in this subsection have the meanings given them.
Subd. 2. 'Body piercing" means any method of pun
taring the skin of a person by the aid of needles or other ii
strumerit designed or used to puncture the skin for the pu
pose of inserting jewelry or other objects in or through tt
human body "Body piercing" shall not refer to any medic:
procedure performed by a licensed physician or medic,
practitioner.
Subd. 3 . "Body branding" means impressing or butt
ing a mark or figure on the skin of a person with a hot of
ject or flame.
Subd 4. "Body painting" means applying color, pigmet
or paint to an area of the skin that exceeds 3 square inc]
es.
Subd. 5. "Clean" means the absence of dirt, grease, rul
bish, garbage, odor and other offensive, unsightly, or e:
traneous matter.
size and kind of type used in the composition and publication of the notice:
Subd. 6. "Good Repair" means free of corrosion, break;
abcdef klmno cracks, chips, pitting, excessive wear and tear, leaks, of
ghz) pgratuvwxyz structions, and similar defects so as to constitute a goo
~~ and sound condition.
BY: '-.-- ~~--"`'--"~ ~-- Subd. 7. "Enforcement Oflicer" means the Director t
,;l Public Safety or designee.
TITLE: P u b l i s h e r Subd. 8. "Issuing Authority" means the Director r
~ Public Safety or designee.
Acknowledged before me on this
Subd. 9. "Tattooing" means the marking of the skin c
17 D e c e m b e r 19 9 7. a person by insertion of permanent colors by introducin
day,,,rrro~~~f them through puncture of the skin.
t ` \ ~, 630.05 is nce r Q ~iL red. No person shall operate any e:
tablishment where tattooing, body piercing, body brandinl
"~ ~ ~ or body painting is practiced, nor engage in the practice c
tattooing, body piercing, body branding or body paintin
Not ry Public without first procuring a license from the Department c
Public Safety.
- ,, . ~ ._ 630.07 Contents of application for licen e.
d ~~ ~.l ~ >r~ ~ .a Subd. 1.
a FJ~Jt" ~,vtiS ~ _µ Forms. Every application for a license unde
this subsection shall be made on a form supplied by the De
h =~:'Y~C' k' '"'A6:~`:';' partment of Public Safety.
-.. .~~•r'Wzr=•~ ,c~~.Y ;-;a+,+,r.', Subd. 2. Contents of anplicati~n. In addition to infor
motion which may be required, the applicant shall staG
RATE INFORMATION whether the applicant is a natural person, corporation
partnership, or other form of organizatiop.
(1) Lowest classified rate paid by commercial users $ 2.55 net line Subd. 3. Additional information• na oral net on . IfthE
applicant is a natural person, the following information
for comparable space shall be furnished:
(2) Maximum rate allowed by law for the above matter $ 6.20 Der line (a) The name, place and date ofbirth, street residence
address, and phone number of the applicant.
(b) Whether the applicant has ever used or has beer
known by a name other than the applicant's name
(3) Rate actually charged for the above matter $ 1.20 Der line and if so, the namevr names used and informa
lion concerning dates and places where used.
(c) The name of the business if it is to be conducted
under a designation, name, or style other than the
name of the applicant, and a certified copy of the
certificate as required by Minnesota Statutes,
Section 333.01.
(d) The street addresses at which the annr"~-- '
on Wednesday .the 17 day of December , 19 9 7 , and was thereafter
interest of each partner in the business to be li- the licensee shall inform the Department of Public under the influence of alcoholic beverages or illic
Cilty Of RIChf1E~d tensed. Safety. drugs.
(Official Publication) (e) Effect of License Suspension or Revocation. No
1997-21
BII
L NO (c) A true copy of the partnership agreement shall he person shall solicit business or offer to perform tat- (g) Written Instructions. The operator shall provic
.
. submitted with the application. If the partnership toning, body piercing, body branding or body paint- the person tattooed, pierced or branded with grin
AN ORDINANCE AMENDING THE RICHFIELD is required to file a certificate as to a trade name ing services while under license suspension or re- ed instructions on the approved care of the ski
CITY CODE BY ADDING SECTION 630• pursuant to Minnesota Statutes, Section 333.01,
a certified copy of such certificate sha1T be at- vocation by the City.
(f) Maintenance of Order. The licensee shall be re- during the healing process.
REGULATING THE TATTOO, BODY PIERCING,
BODY BRANDING AND BODY lathed to the application. sponsible for the conduct of the business being op- (h) Living Quarters. No place licensed as a tattoo; bod
PAINTING ESTABLISHMENTS erated and shall afall times maintain conditions of piercing, body branding or body painting esta!
Subd. 5. Additional information• cornoration. If the ap- order. lishment shall be used or occupied as living a
THE CITY OF RICHFIELD DOES ORDAIN: plicant is a corporation or other organization, the following
information shall be furnished: (g) Employee Lists. The licensee shall provide to the
Department of Public Safety a list of employees sleeping quarters.
Section 1: The Richfield City Code is amended by
(a) The name of the corporation or business formed, who perform tattooing, body piercing, body brand-
ing or body painting at the licensed establishment 630.19 Revocation. Subdivision 1. General. The City Cour.
cil may revoke the license or suspend the license if the li
adding a Section 630 to read as follows: and if incorporated, the state of incorporation. and shall verify that each employee has received a censee submitted false information or omitted material in
SECTION 630 -TATTOO, BODY PIERCING, (b) A true copy of the certificate of incorporation. If
the applicant is a foreign corporation, a certificate copy of Section-630.
(h) Liability insurance. All licensees shall have at all formation in the license process required. The City Coun
cil may suspend or revoke a license for the violation of an.
BODY BRANDING AND BODY of authority as required by Minnesota Statutes, times a valid certificate of insurance issued by an provision or condition of this section or any other local lav
PAINTING ESTABLISHMENTS Section 303.06, shall be attached to the applica- insurance company licensed to do business in the governing the same activity during the license period o:
lion. State of Minnesota indicating that the licensee is any criminal law during the license period which adverse
(c) The name ofthe manager(s) proprietor(s), or other currently covered in the licensed business by a lia- ly affects on the ability to honestly, safely, or lawfully con
630.01 $ggulation of tattoo. hoc iercing~ b~iy branding agent(s) in charge of the business and, for each bility insurance policy The minimum limits of cov- duct a tattooing, body piercing, body branding or body.
-
and body-pa~nting~grv_ice~ such person, the information required under sub- erage for such insurance shall be: painting business.
Subd. 1. lyrpose statement. The purpose of this sec-
tion is to regulate the business of tattooing, body piercing,
body branding, or body painting in order to protect the
health and welfare of the general public. The City Council
farads that the experience of other cities indicates that there
is a connection between tattooing and hepatitis and other
health problems. The City Council finds that stringent reg-
ulations governing tattooing can minimize the hepatitis
and disease risk and therefore protect the general health
and welfare of the community.
630.03 Definitions.
Subd. 1. For Purposes of this subsection the terms de-
fined in this subsection have the meanings given them.
Subd. 2. "Body piercing" means any method of punc-
turingthe skin of a person by the aid of needles or other in-
strumeutdesigned or used to puncture the skin for the pur-
pose ofinserting jewelry or other objects in or through the
human body. "Body piercing" shall not refer to any medical
procedure performed by a licensed physician or medical
practitioner.
Subd. 3 . "Body branding" means impressing or burn-
ing amark or figure on the skin of a person with a hot ob-
ject or flame.
Subd 4. "Body painting" means applying color, pigment
or paint to an area of the skin that exceeds 3 square inch-
es.
Subd. 5. "Clean" means the absence of dirt, grease, rub-
bish, garbage, odor and other offensive, unsightly, or ex-
traneousmatter.
Subd. 6. "Good Repair" means free of corrosion, breaks,
cracks, chips, pitting, excessive wear and tear, leaks, ob-
structions, and similar defects so as to constitute a good
and sound condition.
Subd. 7. "Enforcement Officer" means the Director of
Public Safety or designee.
Subd. 8. "Issuing Authority' means the Director of
Public Safety or designee.
Subd. 9. "Tattooing" means the marking of the skin of
a person by insertion of permanent colors by introducing
them through puncture of the skin.
630.05 .ic n e r .auir .d. No person shall operate any es-
tablishmentwhere tattooing, body piercing, body branding,
or body painting is practiced, nor engage in the practice of
tattooing, body piercing, body branding or body painting
without first procuring a license from the Department of
Public Safety.
630.07 Contents of annlication for license.
Subd. 1. Forms. Every application for a license under
this subsection shall be made on a form supplied by the De-
partment of Public Safety.
Subd. 2. Contents of annlication. In addition to infor-
mation which may be required, the applicant shall state
whether the applicant is a natural person, corporation,
partnership, or other form of organizatiop.
Subd. 3. Additional information: natural persons. Ifthe
applicant is a natural person, the following information
shall be furnished:
(a) The name, place and date of birth, street residence
address, and phone number of the applicant.
(b) Whether the applicant has ever used or has been
known by a name other than the applicant's name,
and if so, the name v; names used and informs-
- lion concerning dates and places where used.
(c) The name of the business if it is to be conducted
under a designation, name, or style other than the
name of the applicant, and a certified copy of the
certificate as required by Minnesota Statutes,
Section 333.01.
Irll 'Fhe etreet. ad.lrec.cec at which the applicant hoc
Subd. 6. x ti n. The application must be executed
as follows:
1. an application by a natural person, by that person;
2, an application by a corporation, by an officer of the
corporation;
3. an application by a partnership,by a partner;
4. an application by an incorporated association, by
the manager ar managing officer.
Any falsification on a license application shall result in the
denial of a license.
630.09 Annlication verification: Subdivision 1. All applica-
tions shall be referred to the Department of Public Safety
for verification and investigation of the facts set forth in the
application, including any necessary criminal background
checks to assure compliance with this subsection.
630.11 >,ice~~period and fees. Subdivision 1. Amo ~n .s.
The license fee is fixed in appendix D. The term of the li-
cense is the calendar year or the remaining portion there-
of. Licenses will not be prorated.
Subd. 2. Payment. At the time of an original applica-
tion for a license, the license fee shall be paid when the ap-
plication is filed. At the time of renewal of a license, the
total license fee shall be paid when the application is filed.
Licenses expire on December 31 of each year.
Subd. 3. Investigation fee. At the time of each original
application for a license, the applicant shall also pay an in-
vestigation fee set by appendix D. If the expenses of the in-
vestigation exceed the investigation fee, the Public Safety
Department staff shall so notify the applicant and shall re-
quire the applicant to pay an additional investigation fee
as provided in appendix D which the Public Safety Direc-
tordeems necessary to complete the investigation of the ap-
plicant. The applicant shall pay such an additional inves-
tigating fee within five days after notification. If such ad-
ditional investigation fee is not paid within the five day pe-
riod, the city will give no further consideration to the ap-
plication.
Subd. 4. Refunds. No part of a license ar investigation
fee shall be refunded except in accordance with this sub-
section.
630.13 Persons ineligible for license. Subdivision 1. No li-
censeshall be issued to an applicant who is a natural per-
son if such applicant:
1. Is a minor at the time the application is filed;
2. Has been convicted of any crime directly related to
the occupation licensed as prescribed by Minneso-
ta Statutes, Section 364.03, subd. 2. and has not
shown competent evidence of sufficient rehabilita-
tionand present fitness to perform the duties of the
licensed occupation as prescribed by Minnesota
Statutes, Section 364.03, subd. 3;
3. Does not have the legal authority to be employed
in the United States; or
4. Is not of good moral character or repute.
Subd. 2. No license shall be issued to a partnership if
such partnership has any general partner or managing
partner:
1. Who is a minor at the time the application is filed;
2. Who has been convicted of any crime directly re-
lated to the occupation licensed as prescribed by
Minnesota Statutes, Section 364.03, subd. 2, and
who has not shown competent evidence of suffi-
cient rehabilitation and present fitness to perform
the duties of the licensed occupation as prescribed
by Minnesota Statutes, Section 364.03, sulaci. 3; 3.
Does not have the legal authority to be employed
in the United States; or 4 is not of good moral char-
acter or repute.
3. Does not have the legal authority to be employed
in the United States; or
4. Is not of good moral character or repute.
(1) Each claim, at least $200,000:
(2) Each group of claims, at least $500,000
Such insurance shall be kept in force during the term
of the license and shall provide for notification to the
City prior to termination or cancellation. A certificate
of insurance shall be filed with the City.
630.17 Health and sanitation requirements. Subdivision
1. No person shall engage in the practice of tattooing, body
piercing, body branding or body painting at any place in the
City without complying with the following regulations:
(a) Lavatory Requirement. Every place where tattoo-
ing, body piercing, body branding or body painting
is practiced shall be equipped with an adequate
and conveniently located toilet room anti hand
lavatory for the accommodation of employees and
patrons. The hand lavatory shall he supplied with
hot anti cold running water under pressure; shall
be maintained in good repair at all times; and shall
be kept in a clean and sanitary condition. Toilet
fixtures and seats shall be of a sanitary open front
design and readily cleanable. Easily cleanable,
covered receptacles shall be provided for waste
materials. Every lavatory facility shall be provid-
ed with an adequate supply othand cleansing com-
pound and single-service sanitary towels or hancl-
dryingdevices.
(b) Skin infection. No. person having any skin infec-
tion or other diseases of the skin shall be tattooed,
pierced, branded or painted.
(c) Sterilization and Disposal of Bio-Hazardous Mate-
rials. All needles and razor blades and other equip-
ment used for piercing, branding or puncturing
shall be individually pre-packaged; pre-sterilized
and disposable. No such equipment shall be used
on more than one customer. All bin-hazardous
waste shall be disposed of in accordance with law,
and disposal procedures shall be approved by the
Health Officer. Approved sterilizing solutions and
methods may be used for the purpose of sterilizing
instruments other than needles and razor blades
when such sterilizing solutions and methods are
approved by the Department of Public Safety. or
their designee.
(d) Skin Preparation Procedures. The following proce-
d~res shall be used for skin preparation:
(1) Each operatorshall wash his or her hands thor-
oughlywith soap and water following the hand
washing procedures as approved by the De-
partment of Public Safety and then c1ry them
with a clean towel before and after each tattoo-
ing, branding, piercing or painting. Operators
with skin infections of the hand shall not per-
form any tattooing, body piercing, body brand-
ing or body painting services.
(2) Whenever it is necessary to shave the skin, pre-
packaged, presterilized, disposable, razor
blades shall be used.
(3) The skin area to be tattooed, pierced, branded
~r painted shall be thoroughly cleaned with
germicidal soap, rinsed thoroughly with water,
and sterilized with an antiseptic solution ap-
proved lay the Department of Public Safety.
Only single-service towels and wipes shall be
used in the skin cleaning process.
(4) After tattooing, piercing or branding, a sterile
dressing must he applied to the tattooed,
pierced or branded area.
(a) Operating Furniture. All tables, chairs, furniture,
or area on which a patron receives a tattoo, any
body piercing, body branding or body painting
shall be covered bysingle-service disposable paper
or clean linens, or in the alternative, the talale,
chair, or furniture on which the patron receives a
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Subd. 2. A revocation or suspension shall be precedec
by written notice to the licensee and a hearing before the
City Council. The notice shall give at least eight (8) clay:
notice of the time and place of the hearing and shall state
the nature of the charges against the licensee. The notice
shall be mailed to the licensee at the most recent address
listed on the application.
630.21 Issuance of temnorarv' tattooing. bodv oiercine.
bodv branding or bodv painting event license. Subdivision
1. A person may obtain a temporary license to conduct tat-
tooing, body piercing, body branding or body painting pro-
vided that the following license requirements are anet:
(a) Duration of Event. The event is no longer than four
(4):continuous days.
(b) Number of Events. The same person or organiza-
tion has had no more than four (4) tattooing, body
piercing, body branding, body painting events in
the same calendar year.
(c) Security Measures. The Director of Public Safety
designee has approved the security measures for
the event.
(d) Health Inspection. The Department of Public Safe-
tydesignee has reviewed the health and sanitation
measures for the event and has inspected each ven-
dor space for the event.
(e) Liability Insurance. Liability insurance has been
obtained to cover the event or in the alternative
each vendor has procured insurance to cover the
vendor's operations at the event. The minimum
limits of coverage for such insurance shall be:
(1) each claim, at least $200,000;
(2) each group of claims, at least $500,000.
A certificate of insurance shall be filed with the
City.
(D The licensee must comply with the requirements
at subsection 630.15 (a)' (c). (f), and subsection
630.17 (a - 1).
Subd. 2. Temporary annlication, The temporary li-
cense application shall request the following information:
(a) The applicant's name and current address.
(b) The applicant's current employer.
(c) The applicant's addresses for the previous five (5)
years.
(d) The applicant's date of birth, home telephone
number, weight, height, color of eyes, and color oC
hair.
(e) Whether the applicant has ever used or been
known by a name other than the applicant's name,
and if so, the name or names and information con-
cerningdates anti places where used.
(fl The location where the event will Ue conducted.
(g) The number of tattoo, piercing, branding or paint-
ing booths that will be operational at the event.
(h) The names and addresses of persons in charge of
the event.
Subd. 3. Background investigation. The Department of
Public Safety shall verify the information supplied on the
temporary license application and shall investigate the
background, including the current background of the ap-
plicant. Within seven (7) days of receipt of a complete ap-
plication, the Department of Public Safety shall grant or
deny the application.
Passed by the City Council of the City of Richfield, Min-
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