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ORDINANCE NO. 596
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLE 3 THE BUSINESS AND LICENSE REGULATIONS
OF THE LAKEVILLE CITY CODE BY ESTABLISHING LICENSE REGULATIONS FOR
TATTOO AND BODY PIERCING BUSINESSES.
THE CITY COUNCIL OF THE CITY OF LAKEVILLE DOES HEREBY ORDAIN:
Section 1. That the Lakeville City Code Title 3 be amended by adding thereto a
new chapter 18 to read as follows:
CHAPTER 18
TATTOO ANDIOR BODY PIERCING ESTABLISHMENTS
3-18-1: Purpose
3-18-2: Definitions
3-18-3: License Required
3-18-4: Application Content-License Application
3-18-5: Application Execution
3-18-6: Application Verification
3-18-7: Fees
3-18-8: .Persons Ineligible for License
3-18-9: Locations Ineligible for a License "F ,v
3-18-10: General License Requirements
3-18-11: Health and Sanitation Requirements
3-18-12: Sanctions for License Violations
3-18-13: Penalty
3-18-14: Severability
3-18-1: PURPOSE: The purpose of #his section is to .regulate .the business of
tattooing and/or body piercing in order to protect the health, safety and welfare of the
general public. The City Council finds that the experience of other cities indicates #hat
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there is a connection between tattooinglbody piercing, and hepatitis and other health
problems. The City Council finds that the stringent regulations governing tattooing and
body piercing can minimize the hepatitis and disease risk, and therefore protect the
general health and welfare of the community.
3-18-2: DEFINITIONS: The following words and terms, when used in this Chapter,
shall have the following meanings unless the context clearly indicates otherwise.
BODY PIERCING: Penetrating or making a hole in or through the human body to
place jewelry or objects of metal, plastic, wood, bone, or other
foreign material on any area for cosmetic purposes.
CERTIFICATE OF
INSPECTION: Written approval from the designated City representative that
the tattooing and/or body piercing establishment has been
inspected and meets all the requirements of the chapter
relating to physical facilities, equipment and layout for the
operation of the establishment.
CLEAN: The absence of dirt, grease, rubbish, garbage, and. other
offensive, unsightly or extraneous matter.
EMPLOYEE: Any person over twenty-one (21) years of age other than an
operator who renders any service in connection with the
operation of a tattoo and/or body piercing establishment and
receives compensation from the operator of the business or its
patrons.
GOOD REPAIR: Free of corrosion, breaks, cracks, chips, pitting, excessive
wear and tear, leaks, obstructions, and similar defects so as to
constitute a sanitary, workable and sound condition.
ISSUING AUTHORITY: .The City Administrator or his/her designee.
OPERATOR: Any individual, firm, company, corporation or association that
owns or operates an establishment where tattooing and/or
body piercing is performed and any individual or any employee
who performs or practices the art of tattooinglbody piercing on
another person..
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TATTOO, TATTOOING: Any method of placing designs, letters, scrolls, figures,
symbols or any other marks upon, under or in the skin with ink
or any other substance resulting in the coloration of the skin by
the aid of needles or any other instruments which puncture any
portion of the skin to any degree.
3-18-3: LICENSE REQUIRED: No person shall operate any establishment where
tattooing and/or body piercing is practiced, nor engage in the practice of tattooing and/or
body piercing without being licensed pursuant of this Chapter. A state licensed physician
who engages in the practice of tattooing and/or body piercing shall be exempt from the
license requirement. Jewelry stores and accessory stores that provide exclusively ear
piercing services using piercing guns shall be exempt from this license requirement.
3-18-4: APPLICATION CONTENT-LICENSE APPLICATION: Every application for
a license under this Chapter shall be made on a form supplied by the Issuing Authority and
shall request the following information:
A. If the applicant is a natural person:
1. The name, place and date of birth, permanent street residence address, and
phone number of the applicant.
2. Whether the applicant is a citizen of the United States, a resident alien, or
is able to legally be employed in the United States.
3. 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.
4. The name of the business if it is to be conducted under a designating 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.
5. The street addresses at which the applicant has lived during the preceding
five (5) years from the date of application.
6. The type, name and location of every business or occupation in which the
applicant has been engaged during the preceding five (5) years from the
date of application, and the name(s) and addresses(s) of the applicant's
employer(s) and partner(s), if any,. for the preceding five (5) years from the
date of application.
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7. Whether the applicant has ever been convicted of a felony, crime, or
violation of any ordinance other than a .petty misdemeanor. If so, the
applicant shall furnish information as to the time, place and offense for which
convictions were had.
B. If the applicant is a partnership:
1. The name(s) and address(es) of all .general and limited partners and all
information concerning each general partner required in sub-part A. of this
section.
2. The name(s) of the managing partner(s) and the interest of each partner in
the tattooing establishment.
3. 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.
C. If the applicant is a corporation or other business:
1. The name of the corporation or business formed, and if .incorporated, the
state of incorporation.
2. A true copy of the Certificate of Incorporation and Certificate of Good
Standing. Articles of incorporation or association agreement, and bylaws
shall be attached to the application, in addition to a current Certification of
Good Standing from the Minnesota Secretary of State's Office.
3. The name of the manager(s), proprietor(s), or other agent(s) in charge of the
business and all information concerning each manager, proprietor, or agent.
required in sub-part A of this section.
D. For all applicants:
1. Whether the applicant holds a current tattooing andJor body .piercing license
from any other governmental unit.
2. Whether the applicant has previously been denied a tattooing and/or body
piercing license from any other governmental unit.
3. .The location. of the business premises and the legal description thereof.
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4. 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.
5. Whenever the application is for .premises either planned or under
construction or undergoing substantial alterations, the application shall be
accompanied by a set of preliminary site and building plans, if not already.
on file with the City, showing the design of the proposed premises to be
licensed.
6. Such other information the City Council or the Issuing Authority may require.
3-18-5: APPLICATION EXECUTION:. All applications for a license under this
Chapter shall be signed and sworn to. If the application is that of a natural person, it shall
be signed and sworn to by such person; if that of a corporation, by an offer thereof; if .that
of a partnership, by one of the general partners; and if that of an unincorporated
association, by the manager or managing officer thereof. Any falsification on a license
application shall result in the denial of a license.
3-18-6: APPLICATION VERIFICATION: Ali applications shall be referred to the
Issuing Authority for verification and investigation of the facts set forth in the application,
including any necessary criminal background checks to assure compliance with this
Chapter. The application shall be issued. or denied by the Issuing Authority in accordance
with Sections 3-18-8 and 3-1$-9 of this Chapter.
The City Administrator shall issue a tattoo and/or body piercing establishment permit within
thirty (30) days of receipt of the application, unless the Administrator finds that:
A. 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.
B. The operation, as proposed bythe applicant, if permitted, would not comply with all
applicable laws, including, but not limited to, the City's business, zoning and health
regulations.
C. The applicant has knowingly made any false, misleading or fraudulent statement
of fact in the application for the permit or in any document required by the City in
connection therewith.
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D. The applicant has operated a tattoo establishment and has had a license denied,
revoked or suspended for any of the above cases by the City or any other state or
local agency within two (2) years prior to the date of the application.
E. The applicant if an individual, or any of the officers and directors if the applicant is
a corporation, or any of the partners, including limited partners, if the applicant is
a partnership, and the manager or other person principally in charge of the
operation of the business is not over the age of twenty-one (21) years.
3-18-7: FEES:
A. Application Fee:
1. The application fee shall be set by resolution of the City Council
2. The license application fee shall be paid in full before the application for a
license shall be accepted. Upon rejection of any application, the license fee
shall be refunded in full to the applicant except where rejection is for a willful
misstatement in the license application.
3. Separate application fee shall be paid for establishments providing both
#attooing and body piercing services.
B. Investigation Fee:. An applicant for any license under this Chapter shall pay the
City at the time an original. application is submitted, a nonrefundable fee at a rate
set by City Council resolution to cover the costs involved in verifying the license
application and to cover the expense of any investigation needed to assure
compliance with this Chapter.
In the event an establishment is adding more than one service at a different time,
additional investigation fee shall be paid for investigation needed to assure
compliance with this Chapter.
C. License Fee:.
1. Separate license fees shall be paid for each process of tattooing and body
piercing service. This fee shall be paid annually and to be determined from
the date of issuance of the license.
2. The license fee shall include the cost of inspections conducted by the
issuing authority or designated health professional
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3. The annual license fee shall be set by City Council resolution.
3-18-8: PERSONS INELIGIBLE FOR LICENSE:
A. No license under this Chapter 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. 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.
4. Is not of good moral character or repute.
B. No license under this Chapter 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. Who 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.
4. is not. of good moral character or .repute.
C. No license under this Chapter 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 is filed.
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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. Who 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.
4. Is not of good moral character or repute.
3-18-9: LOCATIONS INELIGIBLE FOR A LICENSE: The following locations shall
be ineligible fior a license under this Chapter.
A. Taxes Due on Property. No license shall be granted or renewed for operation on
any property 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 Minnesota Statutes, Section 278.01-278.03, questioning
.the amount of validity or 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 (1) year after
becoming due.
B. Improper Zoning. No license shall be granted or renewed if the property is not
properly zoned- or does not qualify as a legal non-conforming use for tattooing
and/or body piercing establishments under Title 11 of this Code:
C. .Premises Licensed for Alcoholic Beverages. No license shall be granted or
renewed if the premises is licensed for the furnishing of alcoholic .beverages
pursuant to Title 3, Chapter 1 of this Code or is licensed as asexually-oriented
business pursuant to Title 3, Chapter 10 of this Code.
3-18-10: GENERAL LICENSE REQUIREMENTS:
A. Tattoos on Minors. No person shall tattoo 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. The consent must. include both the custodial and
non-custodial parents, where applicable.
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B. Prohibition on License Transfer. The license granted under this Chapter is for the
operator 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 non-corporate licensee is incorporated and incorporation does
not affect the ownership, control, and interest of the existing licensed establishment.
C. Hours of Operation. A licensee under this Chapter shall not be open for business
for tattooing and/or body piercing before 7:00 AM nor after 9:00 PM.
D. Licensed Premises. The tattoo and/or body piercing 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 Issuing Authority. No person shall engage in the practice of
tattooing at any place other than the place or location named or described in the
application and license. A separate room shall be required for body piercing and
tattooing services. The applicant shall submit a drawing to scale of the tattoo/body
piercing facilities.
E. Effect of License Suspension or Revocation. No person shall solicit businesses
or offer to perform tattooing 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 Issuing Authority a list of
employees including operators who perform tattooing at the licensed establishment
and shall verify that each employee has received a copy of Sections 3-18-10 and
3-18-11. Each operator shall submit evidence of apprenticeship of at least thirty
days under a licensed tattoo artist or equivalent training acceptable to the issuing
authority..
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 tattoo business
by a liability insurance policy. The minimum limits of coverage for such insurance
shall be:
1. Each claim, at least two hundred thousand dollars ($200,000).
2. Each group of claims, at least five hundred thousand. dollars ($500,000).
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Such insurance shall be kept in force during the term of the license and shall
provide for notification to the City prior to terminating or cancellation. A certificate
of insurance shall be filed with the City..
I. Inspections.
1. City Initiated. The issuing authority or designated health professional shall,
at minimum, conduct one (1) randomly scheduled. inspection of each
licensed facility each year to determine compliance with City requirements.
2. Compliance Certification. A health professional who is retained by the
licensed operator and acceptable to the issuing authority shall inspect the
Licensed premises in the month of November of each calendar year. Said
inspection is to determine compliance with City requirements and a written.
report documenting findings shall be submitted to the issuing authority within
fifteen (15) days from the date on which the inspection took place.
3-18-11: HEALTH AND SANITATION REQUIREMENTS: No person shall engage in
the practice of tattooing and/or body piercing at any place in the City without complying
with the following regulations:
A. Lavatory Requirement. Every place where tattooing and/or body piercing 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 single service sanitary towels or hand drying
devices.
B. Infections/Disease. No person fiaving any communicable blood or skin infection
or other communicable diseases of the blood or skin shall practice tattooing or body
piercing or shall be tattooed or body pierced.
C. Sterilization and Disposal of Bio-Hazardous Materials. All disposable needles,
razor blades, sharps or other equipment utilized for penetrating the skin shall be
individually pre-packaged and pre-sterilized. No such 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 Issuing
10
Authority. Sterilizing solutions and methods may be used for the purpose of
sterilizing. instruments other than needles, razor blades, sharps or other equipment
utilized for penetrating the skin when such sterilizing solutions and methods are
approved by the Issuing Authority.
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
and then dry them with a clean towel before and after each tattoo and/or
body piercing. Operators with skin infections of the hand shall not perform
any tattooing. and/or body piercing 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 and/or body pierced shall be thoroughly
cleaned with germicidal soap, rinsed thoroughly with water,. and sterilized
with an antiseptic solution approved by the issuing authority. Only single
service towels and wipes shall be used in the skin cleaning process.
E. Operating Furniture. All tables, chairs, furniture, or area on which a patron
receives a tattoo and/or body pierce shall be covered by single service disposal
.paper or clean linens, or in the alternative, the table, chair or furniture on which the
patron receives a tattoo andlor body pierce shall be impervious to moisture and
shall be properly sanitized after each tattoo and/or body pierce.
F. 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 issuing authority.
G. Garments of Operator. Every operator shall wear clean, washable garments when
engaged in the practice. of tattooing and/or body piercing. If garments are
contaminated with blood or body fluids, such garment shall be removed and
changed and cleaned or disposed of in a .manner acceptable to the issuing
authority.
H. 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 a single service receptacle,. and such
receptacle and remaining solution shall be discarded. after use on each customer
in accordance with procedures approved by the issuing authority.
11
I. Jewelry. Jewelry for the other parts of the body shall be made of implant grade,
high-quality stainless steel (300 series), solid 14K or 18K gold, niobium, titanium,
platinum, or a dense, low-porosity plastic such as monofilament nylon, acrylic, or
Lucite. Ear studs or other jewelry designed for earlobe piercing are not appropriate
jewelry for other body parts. Jewelry shall have no nicks, scratches, or irregular
surfaces which might endanger the tissues.
J. Minimum Floor Space. There shall not be less than one hundred fifty (150) square
feet of floor space at the place where the practice of tattooing and/or body piercing
is conducted, and said place shall be so lighted and ventilated as to comply with the
standards approved by the issuing authority.
K. Influence of Alcohol and Drugs. No person shall practice tattooing and/or body
piercing while under the influence of alcoholic beverages or illicit drugs.. No
customer shall be tattooed. and/or body pierced while under the influence of
alcoholic beverages or illicit drugs.
L. Written Instructions. The operator shall .provide the person tattooed and/or body
pierced with printed instructions on the approved care of the tattoo and/or body
pierce during the healing process.
M. Living Quarters. No place licensed as a tattoo and/or body piercing establishment
shall be used or occupied as living or sleeping quarters.
3-18-12: SANCTIONS FOR LICENSE VIOLATIONS:
A. The City Council may revoke the license or suspend the license for a violation of:
1. Any provision of this Chapter or any other local law governing the same
activity during the license period.
2. Any criminal law during the license period which adversely affects the ability
to honestly, safely, or lawfuiJy conduct a tattooing andlor body piercing
business.
B. The City Council may, upon ten (10) days written notice to the operator and
following a public hearing, revoke the license or suspend. the license if .the licensee
submitted false information or omitted. material information in the license process.
required by this Chapter.
12
4
3-18-13: PENALTY: A violation of this Chapter shall be a misdemeanor under
Minnesota law.
3-18-14: SEVERABILITY: If any section, subsection, sentence, clause, or phrase of
this Chapter is for any reason held to be invalid, such decision shall not affect the validity
of the remaining portions of this Chapter. The City Council hereby declares that it would
have adopted the Chapter in each section, subsection, sentence, clause, or phrase
thereof, irrespective of the fact that any one or more sections, subsections, sentences,
clauses, or phrases be declared invalid.
Section 2. This Ordinance shall be effective following its passage and publication.
ADOPTED this lath day of February 1997 by the City Council of the City of
Lakeville.
CITY OF LAKEVILLE
By:
Duane R. Zaun, yor
ATTEST:
By. 1,~, ~
Charlene Friedg ,City Clerk
13
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81
PUBLICNCTICE
ORDINANCE NO. 596
CITY OF LAKEVILLE. •
DAKOTA COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLE 3
THE BUSINESS AND LICENSE
REGULATIONS OF THE
LAKEVILLE. CITY CODE
BY ESTABLISHING •
LICENSE REGULATIONS FOR
TATTOO AND BODY PIERCING
BUSINESSES.
The City Council of the City of Lakeville
does hereby ordain:
Section 1. That the Lakeville City Code Title 3
be amended by adding thereto a new chapter 18 to
read as follows:
CHAPTER 18
TATTOO AND/OR BODY PIERCING
ESTABLISHMENTS
3-18-1: Purpose
3-18-2: Definitions
3-18-3: License Required
3-18-4: Application Content -License Applica-
tion
3-18-5: Application Execution
3-18-6: Application Verification
3-18-7: Fees
3-18-8: Persons Ineligible for License
3-18-9: Locations Ineligible for a License
3-18-10: General License Requirements
3-18-11: Health and Sanitation Requirements
3-18-12: Sanctions for License Violations
3-18-13: Penalty
3-18-14: Severability
3-18-1: PURPOSE: The purpose of this section is to
regulate the business of tattooing and/or body pierc-
ing in order to protect the health, safety and wel-
fare of the general public. The City Council fords
that the experience of other cities indicates that
there isa connection between tattooing/body pierc-
ing, and hepatitis and other health problems. The
City Council finds that the stringent regulations
governing tattooing and body piercing can mini-
mize the hepatitis and disease risk, and therefore
protect the general health and welfare of the com-
munity.
3-18-2: DEFINITIONS: The following words and
terms, when used in this Chapter, shall have the
following meanings unless the context clearly indi-
cates otherwise.
BODY PIERCING: Penetrating or making a
hole in or through the human body to place
jewelry or objects of metal, plastic, wood,
bone, or other foreign material on any area
for cosmetic purposes.
CERTIFICATE OF INSPECTION: Written ap-
proval from the designated City representa-
tive that the tattooing and/or body piercing
establishment has been inspected and meets
all the requirements of the chapter relating
and a ce AFFIDAVIT OF PUBLICATION
required
333.01. '.
5. The strati
cant had Richard M. Sherman , being duly sworn,
6. (5)yeson oath says that he/she is the publisher or
nese or a
has beenauve thorized agent and employee of the pub -
and the fisher of the newspaper known as Lakeville
any,fo
r fife & Times, and has full knowledge of the
the dat
7. WhetheaCtS which are stated below:
any o tit
t
any (A) The newspaper has complied with
imnforma
eanor• all of the requirements constituting qualifi-
fence fo
B. If the appl
1. The nan Vided by Minnesota Statute 331A.02,
eraland
tion cond331A.07, and other applicable laws, as
quired ' "
2. The nan amended.
and the l
tattooing
3. A true coy
shall be e
If the pai
certificate
Minnesota;
certified a
attached Which is attached was cut from the columns
C. If the applir
business:iof said newspaper, and was printed and
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formed, 4published once on Saturday, the 2 2n d
mterpor day of February 1997; and printed
2. A true co
ration
Articlesan'below is a copy of the lower case alphabet
totheap
agreeme' from A to Z, both inclusive, which is hereby
Certifinesotcoat+t
l nowledged as being the size and kind of
Min
3. Thenameltype used in the composition and publica-
or other ag
and all inition of the notice:
ager, prop
part A oft
D. . For all appli
1. Whether 1
tattooing a
any other)
2. Whether tll
denied a ABY•
ations as a qualified newspaper, as pro -
(B) The printed City of
Lakeville Ordinance No. 596
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3. ThelocatiaTITLE: Publisher
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4. Whetheral
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paid, and
amounts tl124th day of February , 1997.
5. Whenever)
either planrmuiburbaninb
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(1) Lowest classified rate paid by commercial users
for comparable space: $14.53 per column inch.
(2) Maximum rate allowed by law for the above
matter: $14.53 per column inch.
(3) Rate actually charged for the above matter:
$10.48 per column inch, 1st week and $9.95 per
column inch, successive weeks.
Notary Public
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BARBARA J. GROSBERG
NOTARY PUBLIC- MINNESOTA
MY COMMISSION EXPIRES 1 31-00
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