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HomeMy WebLinkAboutItem 06.nJune 29, 2010 Item No.______ REPEAL TITLE 3 CHAPTER 18 OF THE LAKEVILLE CITY CODE Proposed Action Staff recommends adoption of the following motion: Move to adopt an ordinance repealing Title 3, Chapter 18 of the Lakeville City Code concerning tattoo and body piercing establishments. Passage of this motion will eliminate City licensing of body art technicians and establishments. Overview The 2010 State Legislature passed a bill providing for statewide licensing of tattoo and body piercing professionals. Starting January 1, 2011, body art technicians must have a state-issued license to perform either tattooing or piercing. In addition, each establishment must be licensed. Licenses will be issued by the Minnesota Department of Health. If an establishment is licensed by a municipality, it may be exempt from the state requirement if the provisions of the local ordinance meet or exceed the provisions of the new law. Title 3, Chapter 18, of the City Code requires that persons comply with health and sanitation standards; however, it does not meet the requirements of the new law. Primary Issues to Consider Can the City amend its ordinance to meet the provisions of the new law and  continue to license tattoo and body piercing establishments? Is there a tattoo and body piercing establishment currently licensed in Lakeville?  Supporting Information Council report dated June 8, 2010  Ordinance repealing Title 3, Chapter 18  Charlene Friedges, City Clerk Financial Impact: $____0________Budgeted: Y/N ____ Source: __________________ Related Documents (CIP, ERP, etc.): _______________________________________ Notes: _______________________________________________________________ Primary Issues to Consider (Continued) Yes; however, the City does not have a staff health inspector to provide the  required inspections. Yes; the City Administrator issued a license to Fine Line Body Art on February  12, 2010. The license is effective until December 31, 2010. The owner/operator is aware of the new law and supports the statewide licensing requirements. ORDINANCE NO. _____ CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE REPEALING TITLE 3, CHAPTER 18 OF THE LAKEVILLE CITY CODE THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA, ORDAINS: Title 3, Chapter 18, of the Lakeville City Code is repealed in its SECTION 1. entirety. This ordinance shall be effective January 1, 2011 following its SECTION 2. passage and publication. this 6 day of July, 2010, by the City Council of the City of ADOPTED th Lakeville, Minnesota. CITY OF LAKEVILLE BY:_________________________________ Holly Dahl, Mayor ATTEST: _______________________________________ Charlene Friedges, City Clerk City of Lakeville Administration Memorandum To: Mayor and City Council From: City Clerk Copy: City Administrator Date: June 8, 2010 Subject: Body Art Regulations-Proposed Ordinance Amendment nd The City Council discussed, at the March 22 work session, a proposed ordinance amending Title 3, Chapter 18, of the City Code related to licensing of tattoo and body piercing establishments. At that time, it was noted that a bill had been introduced in the legislature that would provide statewide licensing of tattoo and piercing professionals. That bill was signed into law on May 13, 2010, effective July 1, 2010. The Minnesota Department of Health (MDH) is responsible for implementing this law. Starting January 1, 2011, body art technicians must have a state-issued license to perform either tattooing or piercing. In addition, each establishment must be licensed. However, if the establishment is licensed by a municipal or county agency, it may be exempt from the state requirement if the provisions of the ordinance meet or exceed the provisions of the new law. The MDH will mail application packets to all known establishments during the first week of July. The establishment owner/operator will be required to complete the license application or apply for an exemption. Our City Code currently requires that the person operating the establishment or engaging in the practice of tattooing and/or body piercing must obtain a license. Criminal background checks are conducted on each license applicant. Licenses are issued by the City Administrator. The City Code requires that persons comply with health and sanitation requirements. It further requires that the issuing authority, his designee or a designated health professional shall, at minimum, conduct one randomly scheduled inspection of each licensed facility each year to determine compliance with City requirements. The licensed operator must also retain a health professional to annually inspect the licensed premises to determine compliance with City requirements. The City Administrator issued a tattoo and body piercing license to Fine Line Body Art, th located at 160 and Cedar, on February 12, 2010. It is the only business currently licensed in Lakeville. Body Art Regulations-Memo to City Council June 8, 2010 Page 2 Highlights of the new law (Chapter 317) include, but are not limited to, the following: The Commissioner of Health shall issue a provisional establishment license effective until the commissioner determines after inspection that the applicant has met the requirements of this chapter. Upon approval, the commissioner shall issue a body art establishment license effective for three years. Within the period of the provisional establishment license, and thereafter at least one time during each three-year licensure period, the commissioner shall conduct an inspection of the body art establishment and a review of any records necessary to ensure that the standards required under this chapter are met. The following information must be kept on file on the premises of the establishment and made available for inspection upon request of the commissioner: a description of all body art procedures performed;  copies of spore tests conducted on each sterilizer; and  personal information for each technician employed by the establishment.  An applicant for licensure shall submit the following to the commissioner: proof of completing a minimum of 200 hours of supervised experience within  the area, including an affidavit from the supervising licensed technician; proof of having satisfactorily completed coursework approved by the  commissioner on bloodborne pathogens, the prevention of disease transmission, infection control and aseptic technique. Chapter 317 includes detailed Health and Safety Standards including standards for equipment, instruments and supplies; standards for body art procedures; and contamination standards. Professional standards require that a technician shall require proof of age before performing any body art procedure on a client. 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 and authorization form is signed by the parent or legal guardian in the presence of the technician. No technician shall tattoo any individual under the age of 18 regardless of parental or guardian consent. Body Art Regulations-Memo to City Council June 8, 2010 Page 3 MDH Biennial License Fees: Technician license and renewal $100 Temporary technician license $100 Temporary guest artist license $ 50 Dual body art technician license $100 Establishment license (3-year) $1,000 Temporary establishment permit $ 75 City of Lakeville Annual License Fees: Body Piercing License $300 Tattoo License $300 Application Fee $300 Investigation Fee $350 Recommendation: Based upon the passage of the State Statute and the difficulties associated with maintaining the current ordinance, staff recommends adoption of an ordinance repealing Title 3, Chapter 18, of the Lakeville City Code in its entirety.