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07-184Council File # D 7-B� Green Sheet # 3037091 RESOLUTION �� PAUL, MINNESOTA Presented by � WHEREAS, the Legislative Hean'ng Officer recommends that a request for a(ID # 20060004007) Tattoo Parlor license for Kevin Cazlin, owner, Anger Management Tattoo & Body Piercing, Inc, doing business as Anger Management Tattoo & Body Piercing at 608 Smith Avenue South be approved with the following conditions: Per City of Saint Paul Legislative Code Sec. 367.05. Tattooing of minors. It shall be unlawful to tattoo any person under the age of eighteen (18) years. 2. This business shall be closed no later than 9:30 p.m. each night. By that time, all customers must have left the premises. 3. No drug paraphemalia, as defined in Saint Paul Legislative Code Sec. 255.01, shall be sold. THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this license application. Yeas Nays Absent Benanav � Bostrom � Harris � Helgen � Lantty (� Montgomery � Thune � � � � Adopted by Council: Date �� o �� Adoption � Approved by Mayor: Date � Requested by Department of: � Form Approved by City Attomey � Approved by Mayor for Submission to Council � �� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � v�-isy CO ���� Contact Person 8 Phone: Marcia Mce'mond 266-8570 Must Be on 28-FEB-07 Doc. Type: RESOLUTION E-Document Required: Y Document Contact: Jean Birkholz ConWCt Phone: 2668673 21-FEB-07 y Assign Number For Routing OMer ToWI # of Signature Pages _(Clip All Locations for Signature) Green Sheet NO: 3037091 0 oancil 1 oonN De artmeo[Director 2 3 4 5 ' Clerk L5 C1erk Approving the license applicafion with wnditions, per the Legisla[ive Hearing Officer, for a Tattoo Pazlor license (ID#20060004007) by Kevin Cazlin, owner, Anger Management Tattoo & Body Piercing Inc, doing business as Anger Management Tattoo & Body Piercing at 608 Smith Avenue Sou[h. iaations: Approve (A) or Ke7ect (R): Personai servlce aonuacss musi Nnswer me rawwmg 6euesnons: Planning Commission 1. Has this personffirm ever worked under a contract for this departmenl? CIB Committee Yes No Civil Senice Commission 2. Has this person/firtn ever been a ciry employee? Yes No 3. Dces 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): AdvantageslfApproved: Disadvantages If Approved: Disadvantages If Not Approved: Total AmOUnt of 7ransaction: Funding Source: Financial Information: (Erzplain) Activity Number: CosURevenue Budgeted: February 21, 2007 9:25 AM Page 1 d � ��� LICENSE HEARING MINUTES Anger Management Tattoo & Body Piercing, located at 608 Smith Avenue South Thursday, February 8, 2007, 10:00 a.m. 330 City Ha11, 15 Kellogg Boulevazd West Mazcia Moermond, Legislative Hearing Officer The hearing was called to order at 10:02 a.m. Staff Present: Reid Soley, License Inspector, License, Inspections and Environmental Protection (LIEP); and Jean Birkholz, Council Research. Others Present: Kevin Carlin, business owner; Martin Simmons, friend and business partner; Carlos Garcia-Velasco, Executive Director, West Side Citizens Organization; Bill Hosko, 96 East 6` Street; and Mr. Dan Adkins, Esq. and chair of the West Side Community Organization's Building and Land Use Committee. Anger Management Tattoo & Body Piercing: Tattoo Parlor License Ms. Moermond stated that this license application is for a Class N License which requires neighborhood notification. The City received severalletters of objection to the issuance of this license which means that a Legislative Hearing is necessary. There are three (3) possible outcomes of this hearing. Ms. Moermond could: 1) recommend to the City Council that they grant this license without any conditions; 2) recommend to the City Council that they grant this license with agreed upon conditions; or 3) recommend to the City Council that they refer this matter to an Administrative Law Judge, which usually takes from four (4) to six (6) months. Ms. Moermond would use this option if she thinks that there's no way that this business is workable at this location or if she thinks that there aze conditions that are absolutely necessary to make it workable that the applicants find unacceptable. Ms. Moermond's recommendation will come to the City Council as a resolution and it will appear on the Consent Agenda. Ms. Moermond will begin with a staff report. Next, the business proposal will be discussed. People with concerns about the license will be heazd as well as people who are here to support the license. Mr. Reid Soley, License, Inspection and Environmental Inspection, provided a staff report. Staff is recommending approval of this license with one condition, a standazd condition applicable to any tattooing business: Per City of Saint Paul Legislative Code Sec. 367.05. Tattooing of minors. It shall be unlawful to tattoo any person under the age of eighteen (18) years. There is no current licensee at this location. It had been used in some sort of office capacity, previously. A letter from the West Side Citizens Organization had been received dated January 17, 2007, expressing their recommendation that the proposed license application be approved. Mr. Soley stated that some building permits will need to be pulled because there is considerable work to be completed before they are ready to go. The Environmental Health approval is pending. Fire and Zoning have approved the license. The license will not be issued until Environmental Health has approved it. Mr. Kevin Carlin stated that this is his first business. He has been tattooing for ten (10) years and he feels that iYs time to work for himself rather than for someone else. Mr. Caziin, a native of the West Side, will be empioying one other tattoo artist, a friend of his, also from the neighborhood. He o�-i$�( previousiy worked at A-1 on Robert Street for six (6) years, then, he moved to Florida, and now has moved back to the West Side. Mr. Carlin will also have a piercer working with him. He expects to have no more than four (4) empioyees, totai. He noted that tattoo shops generally have a bad reputation and he intends to keep drug pazaphernalia out of his shop. Mr. Cazlin intends to contact Humboldt High School because he would like to seli local art and hold a show from time to time. Store hours will be noon until 9 a.m, six (6) days a week and they will be closed on Sundays. He introduced a sketch of the signage on the awning and said that there will be one neon sign. Ms. Moermond stated that she was curious about the name. Mr. Carlin explained that the name is a little hard to understand unless you're a collector of receiving tattoos. His personal anger management is weight lifting; however, a lot of tattoo collectors get a tattoo to help manage their anger. Mr. Carlin is leasing this space with a 3-year agreement. The business will have all stainless steel sinks and counter tops; and they are warking with Bazbara McMonigal-St. Dennis, Environmental Health, to ensure that all health standazds are met or surpassed. He plans to have four (4) chairs and he plans to open April 1, 2007. Ms. Moermond asked how LIEP plans to enforce the under eighteen (18) tattooing law. Mr. Soley responded that Ms. McMonigal-St. Dennis could address that question. Certainiy, if a pazent came to the City and told of their underage child getting a tattoo there, the City would take action. Mr. Carlin also responded that the underage law will be strictly enfarced; ids wil] be checked. While he worked at other tattoo shops, minors were allowed to get tattoos upon parental consent. Mr. Cazlin stated that he will not allow it at all. He will require an ID before a drawing is started. Nothing can proceed without verification of age. Mr. Soley explained that within the City of Saint Paul, iYs not permitted to tattoo anyone under the age of eighteen (18), even with pazental consent. Mr. Cazlin feels that Smith Avenue South is a dying street, and a little neon and even a tattoo shop might be just enough to spice up the street and give other businesses a spark. Regarding parking, the side driveway wili accommodate Mr. There is room for six (6) spots on the corner; and in the front, parking spaces. The clientele will be flowing, not stagnant. Ms. Moermond took testimony from people with concerns. Carlin and two (2) of his employees. there are two (2) fifteen (15) minute Bill Hosko, Hosko Gallery, 56 East 6 Street, and member of the West Side Citizens Organization, spoke in opposition. To him, the name of the business, Anger Management, is provoking. It doesn't say anything about being upscale. He thinks the name sends mixed signals. IYs a struggling neighborhood and he thinks the name does not send a positive message to that neighborhood. Mr. Hosko suggested that perhaps the name should be reconsidered. He stated that there wasn't a lot of information about the business available at the neighborhood meeting. Mr. Hosko could not support the business with his vote because of the lack of information. The majority of people voted to support it. Ms. Moermond sited concerns from the letters she received: the caliber of the business, pazking, proposed hours, signage, the name of the business, a change in the quiet, family-oriented neighborhood, diminishing quality of life in the neighborhood and tattoo pazlors not reflecting someone's idea of the positive direction this neighborhood should take. Mr. Dan Adkins, attorney, and chair of the West Side Citizen's Organization's Building and Land Use Committee spoke and said he lives within walking distance of Mr. Carlln's proposed location and is in 2 ��-��y support of the business. Nlr. Adkins stated that he thinks the objections to the name are understandable; however, placed in context, he doesn't think that they aze particulazly compelling. That term, anger management, while it initially had some relevance to a quasi-psychological application and had some sociological relevance, it is essentially now a term of art. It is humoz, and he thinks that the humor Mr. Cariin is seeking is going to be immediately conveyed by the activities in the frontage piece and the very nature of the business. He thinks that folks will understand that it is Mr. Carlin's attempt to encourage clients to come in and deal with their azixieties by putting some art on their bodies. Some folks aze very much in favor of that, while others aze not. Regazding the WSCO community meeting, Mr. Adkins remembers two (2) people speaking in azdent opposition; however, most everyone left the meeting pretty much in agreement that this business would be a good idea for the neighborhood. Tt would be adding to the tax base and increasing the positive effect of a commercial street. The lifeblood of Saint Paul needs to include both effective commerce and residential high points. Mr. Adkins is in favor of the business not only because he has tattoos, but also because he thinks this is a fantastic idea for a currently dead block. Carlos Garcia-Velasco, Lead OrganizerBxecutive Director, West Side Citizens Organization, spoke in support. He stated that the Building and Land Use Committee as well as the Executive Committee reviewed and approved this business proposal. Mr. Martin Simmons, current City employee, friend and partner of Mr. Kevin Carlin, spoke in support. Mr. Simmons has been very impressed with the professionalism and organizational skills of Mr. Carlin. He has owned a bar in Saint Paul for 13 yeazs and also rehabs houses. Mr. Simmons is working with Mr. Carlin to present a very classy building and business to the neighborhood. Ms. Moermond stated that zoning is satisfied that pazking is not an issue, but it has the potential to become an issue, and Mr. Carlin should be mindful of this as the business develops. She recommended approval with the following conditions: l. Per City of Saint Paul Legislative Code Sec. 367.05. Tattooing of minors. It shall be unlawful to tattoo any person under the age of eighteen (18) years. 2. This business shall be closed no later than 9:30 p.m. each night. By that time, all customers must have lefC the premises. 3. No drug paraphernalia, as defined in Saint Paul Legislative Code Sec. 255.01, shall be sold. The hearing was adjourned at 11:05 a.m. /jab