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04-18Council File # �y � Green Sheet # 3009795 RESOLUTION OF SAINT PAUL, MINNESOTA Presented Referred 11 Committee Date WI�REAS, the Legislative Hearing Officer recommends that license application (ID # 20030004383) for a Tattoo Parlor License by Xoel Gonzalez Jimenez, owner, doing business as Grand Tattoos, 961 Grand Avenue, be approved with the following conditions: 1) That the sign identifying the tattoo parlor be no larger than and located in the same location as other existing signs for businesses within this building; 2) That the tattoo pazlor business hours end no later than 9:00 p.m. on any day of operafion; THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this license application with the aforementioned conditions. Yeas Na s Absent Benanav � Bostrom ,/ Hazris � Helgen � Lantry � Montgomery ✓ Thune ,/ � d Adopted by Council: Date �q�����,/ Adoption By: Approved By: Requested by Deparknent o£ � Form Approved by Ciry Attomey � Approved by Mayor for Submission to Council �. ; oW - Ig � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �; Departme�Mlofficelcouneil: Date ini6ated: co -���il o�AN� Green Sheet NO: 3009795 Contact Person & Phone: . Deoar6nent Sent To Person InitiaUDate Marcia Moermond � 0 oun il 2 �' 8 `'� ASSign 1 uncit De artmentDirector Must Be on Council Agenda by (Date): Number 2 i rk For Routing 3 Order 4 5 Total # of Signature Pages _(Clip Ali Locations for Signature) Action Requested: Approving application with condifions, per the Legislative Heariug Officer, for a Tattoo Pazlor License by Xoel Gonzalez 7imenez, owner, DBA Grand Tattoos, 961 Grand Avenue. Recommendations: Approve (A) or Rejed (R): Personal Service ConVacts Must Answer the Following Questions: Pianning Commission t. Has this personffirm everworked under a contract for this departmenY? CIB Committee Yes No - Civil Service Commission 2. Has this personffirm ever been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): AdvantapeslfApproved: Disadvantapes If Approved: Disadvantages If Not Approved: Total Amount of CosURevenue Budgeted: Transaction: Fundin5l Source: Activity Number: Financial Information: (Explain) � o�-t� - s�e�. �� MINUTES OF TI� LEGISLATIVE HEARING GRAND TATTOOS - 961 Grand Avenue Monday, December 15, 2003 Room 330 Courthouse Marcia Moermond, Legislative Hearing Officer The hearing was called to order at 3:05 p.m. STAFF PRESENT: JeffHawkins, LIEP (License, Inspections, Environmental Protecfion); Christine Rozek, LIEP; Bazb St. Dennis-McMonigal, LIEP Mazcia Moermond explained that this is a Class N License meaning that there is neighborhood notification within a given distance of the site where the use will be taking place. This gives neighbors an opporhuaity to voice concerns that they have about the issuance of the license. The legislative hearing today is being conducted to develop a recommendation for the City Council. There aze three possible outcomes for a recommendation: 1) grant the license, 2) grant the license with conditions that are agreed to by the applicant, 3) sending this license application to an Administrative Law Judge. If there are conditions that Ms. Moermond feels are advisable but the applicant will not agree to them, then Ms. Moermond will recommend that the City Council send this application to an Administrative Law Judge who will conduct a public hearing. There is no denial possible at this legislative heazing. Jeff Hawkins reported that this is a license application for Xoel Gonzalez Jimenez, owner, doing business as Grand Tattoos, located at 961 Grand Avenue. The application is for a tattoo pazlor license. LIEP is waiting for Environmental Health and Fire Inspections. Licensing and Zoning have no conditions for the license. Upon final approval from Environmental Health and Licensing, LIEP would recommend approval of the license. Barbara St. Dennis-McMonigal reported she is the environxnental health person for LIEP. She met with Ken Johnson last week on behalf of Mr. Jimenez. For the Environmental Health requirements, they need additional plan submissions and some work to be completed. The space has not been touched in terms of any of the work. They haue not started any work far flooring requirements, for example. She needs their procedures for sterilization of equipment. Xoel Gonzalez Jimenez, owner, appeared and stated he has been struggling ali his life. He just lost his grandfather last week and lost his nephew to a terminal disease. He wants to have a tattoo shop/art gallery. Part of the sales from the art will be for a foundation that he is going to start for terminally ill kids. The stigma and the taboo about tattoos is no longer there. It is more mainstream in society. At the business he operates now, he tattoos firemen, nurses, mothers, etc. He sees it as a positive thing. Two months ago, a mother came to the shop to get a tattoo because her six year old daughter got hit by a huck, and she wanted a little tattoo to remind her of a her daughter. Mr. Jimenez was pleased to do that. Some of the objection letters received reflect the belief that he is going to bring a negative aspect to the neighborhood. He feels we have to help each other out, and he is willing to help everyone in the neighborhood. He will provide a public service to the community. It is a legal business. He does not see a reason he shouid not be allowed to do it. U�-� �S LEGISLATIVE HEARING FOR CiRAND TAT'I'OOS - 961 Cnand Avenue Page 2 Ms. Moermond stated one of the letters mentioned body piercing. Mr. Jimenez responded that will be offered, but they will not do that to minors. They will not do genital piercing. They will be open unti19:00 p.m. Ms. Moermond asked are there any additional health regulations governing body piercing. Ms. McMonigal responded the City of Saint Paul does not regulate body piercing. This license application is for the tattoo business. When she meets with owners, they taik about related issues such as hepatitis and contanunafion. The City does have an ordinance relating to the prohibition of tattooing persons under 18 yeazs of age. In answer to other quesfions, Ms. McMonigal responded that when she talks to applicants about tattoo requirements, she recommends that the applicant use similar sterilization procedures for body piercing. Mr. Jimenez stated the procedure they do at the shop exceeds the regula6ons of the health department. They do not reuse needles, they use new needles. Ms. McMonigal is welcome to see the procedures as they apply the tattoo. He tries to take as many precautions as he can to avoid cross contamination because that is his business. It only takes one person to spread hepatitis and he will be closed. His main concern would be keeping things as clean and sterile as possible. He wrote the procedures in a letter. Ms. Moermond asked does state law govern any of these activities on top of the City ordinances. Ms. McMonigal responded there is no state regulation related to body piercing. Some other communities aze beginning to enforce regulations. Some are similar to the tattoo ordinances. She did meet with Mr. Johnson last week, and he was going to bring the procedure revision back to LIEP. Ms. Moermond stated she received the following letters: 1) Robert V. Miller, 952 Suminit Avenue, is concerned about the devaluation of their property; 2) Robert M. McClay of McClay- Alton Attomeys, 951 Grand Avenue, is concerned about the lack of local ordinances governing body piercing and requesting the City conduct an investigation into the business practices of this applicant at another location, this is not a good use, and wili adversely affect its neighbor which is a children's bookstore; 3) Terry Lauer and Tamaza Hillstrom, Enchanted Tree House, 957 Grand Avenue; 4) Bebe Jacque, 44 Swan Road, Winchester, owner of 928 Grand Avenue, 35 Lexington Parkway South, and 894 St. Clair Avenue, feels the tattoo parlor is not a positive image to enforce on Grand Avenue; and 5) Jim Harrison, Sutcunit Hill Association, 860 St. Clair Avenue. Ms. Lauer and Mr. Harrison aze here. Terry Lauer, Enchanted Tree House, 957 Grand, appeazed and stated she is one of the business owners and one of the owners of the building. She has several concerns. She appreciates that Mr. Jimenez feels that tattooing is changing in society; however, to put it next to a children's clothing store is not appropriate. The Enchanted Tree House sells clothing and gifts and has classes in the summer. Parents drop off their kids who hang out there far a few hours with teachers and aides to do crafts. A customer toid Ms. Lauer that he or she would not be comfortable doing that if a tattoo pazlor is next door. The tattoo parlor will have an adverse O�-t-�� LEGISLATIVE HEARING FOR GRAND TAT"I'OOS - 961 Crrand Avenue Page 3 effect on her business and the neighborhood. Her business caters to a clientele who appreciates keeping their kids young. To have them troop by a tattoo pazlor to get to the building is not conducive to keeping the kids young. Their customers have been very concemed. This azea is a zone of kid stores. There is nothing in there that is adult related. A tattoo pazlor does not feel like a good fit. The previous applicant said he was maisily going to cater to the college students. If that is the case, the business should be closer to the colleges. Because Ms. Lauer co-owns the building and the store, it is more difficutt to relocate if business does fall. Whereas, Mr. Junenez is renting space. Ms. Moermond stated her letter mentions several customers that objected. Ms. Lauer responded she just gave one example; several customers commented to her. Bob McClay, McClay-Alton Attorneys, 951 Grand Avenue, appeazed and stated he has owned this building for almost 17 years. Terry Lauer purchased it three years ago. Previously, it was owned by three other fledgling businesses in the prior four years. The margin of errar for these businesses is not huge. It does not take much to put them over the edge. As he said in his letter, he does not represent Ms. Lauer. The City does not know what proportion of Grand Tattoos will not be licensed. The applicant will be permitted to engage in a business with no license restrictions at a11. They do not lrnow anything about his training. They do not know anything about the lrnowledge of the risk involved in body piercing. Mr. Jimenez says he wili not engage in certain body piercing, but Mr. McClay does not know what he means by that. Saint Paul does not have an ordinance regulating this, and this is not a sma11 issue. Mr. Jimenez's interest in an art gallery is commendable, but it is the first time Mr. McClay has heud about it. The fallout to other businesses around him is not an insignificant thing. Bill Harrison, Suunnit Hill Association, 860 Saint Clair Avenue, appeared and stated he is the correspondent of the association. On November 18, they had a quonun for the committee, so it is a good representative of neighborhood viewpoints. They discussed the application with Mr. Jimenez. They did have two pieces of correspondence: Enchanted Tree House and Dance Spectrum at 975 Grand Avenue. Both objected to the issuance of this license for various reasons. After the discussion with Mr. Jimenez, the committee voted to recommend approval of the issuance of the license subject to the following conditions, which he paraphrased: 1) Off street parking as provided by the code, 2) The sign identifying the tattoo parlor be placed in a position and no lazger than the other signs for businesses within this building and placed on the west side rather than facing the children businesses on the east, 3) The tattoo parlor operation end by 9:00 p.m. anyway, 4) No genital piercing be practiced, 5) No one under 18 be accepted as a customer. Mr. Jimenez provided a sample of his work. The associafion is not supporting, promoting, or objecfing to the business. They aze neutral. If the licenses aze granted, they would appreciate it if the City would impose these conditions. Ms. Moermond asked aze there conditions that would ameliorate some of their concerns. Mr. McClay responded that tattooing is permitted in the zoning district, but he still would oppose the application, but he does not know what his basis would be. Ms. Lauer responded she would like them to be closed on days she has classes. It is hard to know the ramifications for her business. She likes the fact that the business will not be open until the wee hours of the night. o�-� ss LEGISLATIVE HEA}ZING FOR GFtAND TATTOOS - 961 Grand Avenue Page 4 Ms. Moermond asked about the off street pazking condition from the district council. Mr. Hawkins responded the difference in the pazking between the former use as a massage and self healing business was a difference of one space; therefore, there are no additional requirements for pazking. They have met the City's pazking requirements. He was out there today and verified that there aze several off street pazking spaces for the businesses that aze there. Ms. Moermond asked for more specifics on the size of the sign. Mr. Hawldns responded that Grand Avenue has a special sign district that dictates what type of sign and what type of backdrop. That will all be addressed when the applicant pulls the sign permit. Ellen Biales, Summit Hill Association, appeazed and stated there is a sign already on the building. If the new sign is consistent with that sign, it would be acceptable. Ms. Moermond asked the owner would he be willing to use a similar approach in his sign with lettering. Mr. Jimenez responded he agrees. Ms. Moermond asked would he be willing to have a condition that the business operations close at 9:00 p.m. as indicated earlier. Mr. Jimenez responded yes. Ms. Moermond stated she would assume that the opening hours do not matter to people. (No one responded.) Mr. 7imenez responded he will typically be open I1:00 am. to 9:00 p.m. Christine Rozek stated she would haue a problem with a body piercing condition that they would want LIEP to enforce on a tattoo parlor. They could put tattoo conditians. Whether or not he subcontracts the tattooing, those conditions would hold. Enforcing a piercing condition, since the City does not have any regulations for the piercing industry, would be inappropriate. Ms. Moermond read Saint Paul Legislative Code 310.06 (c)(6): Any other reasonable condition or restriction limiting the operation of the licensed business or establishment to ensure that the business ar establishments will hannonize with the character of the azea in which it is located, or to prevent the development or continuation of a nuisance. Ms. Rozek responded that the key words aze "licensed business," which is the tattoo. The piercing is not licensed. Ms. Moermond asked a hypothetical question: if the owner started to stay open until 11:00 p.m. and the City were to take adverse action, would it affect the body piercing activity and the art gallery. Ms. Rozek responded no. The only adverse action they can talce is against the licensed activity. Mr. Hawkins added that the body piercing and art studio could move in tomonow without a license. Ms. Rozek stated the police officer that works in her office checked with the City of Oakdale, and Mr. Jimenez has no complaints nor police calls at the current business he operates. Ms. Moermond stated the City already regulates the age of people who get tattooed. She is not sure if she agrees that she can or cannot add a condition about the genital piercing, but she is comfortable being silent on it. It is not a regulated business right now. There are other places in v� �� LEGISLATIVB HEARING FOR GRAND TATTOOS - 961 Grand Avenue Page 5 Saint Paul where people can get body piercing. Perhaps the City should have an ordinance drafted, but it cannot be an azgument for not allowing this business to get a license. Ms. Moermond recommends granting the license with the conditions as follows: 1) That the sign identifying the tattoo parlor be no lazger than and located in the same locafion as other existing signs for businesses within this building; 2) That the tattoo pazlor business hours end no later than 9:00 p.m. on any day of operation. The hearing was adjourned at 3:46 p.m. e��l