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08-1157Council File # d %f Green Sheet # 3Dfe034 RESOLUTION F SAINT PAUL, MINNESOTA Presented by �� 1 WHEREAS, the Legislative Hearing O�cer recommends that the application for (I.D. #20080000880) 2 Tattoo Parlor license for Sonia Yang doing business as Sonia's Permanent Make-Up,1377 Maryland 3 Avenue, be approved with the following conditions: 4 5 1. Per City of Saint Paul Legislative Code Sec. 367.05. Tattooing of minors. It shall be unlawful to 6 tattoo any person under the age of eighteen (18) yeazs. 7 2. The premises shall be operated in a safe and sanitary manner in accordance with rules promulgated 8 by the Department of Safety and Inspections (DSI). 9 3. Each customer must present a picture ID when obtaining a tattoo. 10 11 THEREFORE, BE IT RESOLVED that the Council of the City of Saint Paul hereby approves this license 12 application. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Requested by Department of. Adoption Certified by Council Secretary By: Approved a Date � � ( By: � Form Approved by City Attomey By: Form Approved by Mayor for Submission [o Council By: Adopted by Council: Date �����-�lf� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � �� DepartmenVOffice/Council: Date Initiated: co -�°u^°�� o�-o�T-o8 Green Sheet NO: 3060395 Contact Person 8 Phone- Deoartment Sent To Person InitiaVDate Nhia Vanp y o oo��l 0 266-8566 1 ouncil De artmentDirector Assign Z ' Clerk Gl' Clerk Must Be on Council Agenda by (Date): Number 3 0 15-OCT-08 For 4 � Routing Doc. Type: RESOLUTION Order 5 � E-Dacument Required: Y Document Contact: Jean Birkholz Contact Phone: 266-8673 7otal # of Signature Pages _(Clip All Locations for Signature) Action Requested: Approving [he license application with conditions, per the Legislative Hearing Officer, for a Tattoo Pador license for Sonia Yang, doing business as Sonia's Petmanent Make-Up, 1377 Maryland Avenue. Recommentlations: Approve (A) or Reject (R): Personal Service Contrects Must Answer the Following Questions: Planning Commission 1. Has this parson�firm ever worked under a contracl for this depaAment? CIB Committee Yes No Civil Service Commission 2 Has this person/firm ever been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any curcent city employee? Yes No Explain all yes answers on separete sheet and attach to green sheet Initiating Problem, issues, Opportunity (Who, What, When, Where, Why): Advantages If Approved: Disadvantages If ApproVed: Disadvantages If Not Approved: Total Amount of Transaction: CosURevenue Budgeted: Funding Source: Activity Number: Financial Information: (Explain) October 3, 20081:19 PM Page 1 � �� ��� LICENSE HEARING MINUTES Sonia's Permanent Make-Up at 1377 Maryland Avenue East Thursday, September 25, 2008, 2:00 p.m. 330 City Hall, 15 Kellogg Boulevard West Nhia Vang, Deputy Legislative Hearing Officer The hearing was called to order at 2:04 p.m. Staff Present: Reid Soley and Barbara McMonigal-St. Dennis, Department of Safety and Inspections (DSI); and Jean Birkholz, Council Research Others Present: Sonia Yang, owner; Steven Vang, Sonia Yang's husband and business manager Request for License: Tattoo Parlor Ms. Nhia Vang stated that this is an informal legislative heazing for a license application. This is a Class N notification which means that the neighborhood gets notified and has a chance to voice its concerns. If anyone has a concern, it automatically triggers a hearing. Other Class N Licenses include auto repair, entertainment, cabazet, liquor, etc.—things that have an immediate impact on the neighborhood. The City received one (1) letter of concern regarding the issuance of this license. The goa] today is to develop a recommendation far the City Council to consider. Ultimately, there are tluee (3) possible outcomes from this hearing: 1) Ms. Vang may recommend to the City Council that they issue this license without any conditions; 2) she may recomrnend to the City Council that they issue this license with agreed upon conditions; or 3) she may recommend to the City Council that they not issue this license but refer it to an administrative law judge for a further hearing and findings. Ms. Vang will make her recommendation in the form of a resolution that wil] go before the City Council for their approval. It will appear on the Consent Agenda at a Gity Council meeting. The City Council is the final authority on whether a license is issued. Ms. Vang summarized the email received from Virgie and Gary Bunde, neighbors. They object to a tattoo parlor in the neighborhood because they think that it wili be a hindrance and not at all a positive addition to the neighborhood. They feel that the neighborhood would be safer without a tattoo parlor. Ms. Vang will ask Mr. Soley and Ms. McMonigal-St. Dennis to explain their review of the application and their recommendation. Then, she will ask the applicant to talk about the business plan. Mr. Reid Soley, reported that DSI has placed three (3) conditions on this license: 1. Per City of Saint Paul Legislative Code Sec. 367.05. Tattooing of minors. Tt shall be uniawful to tattoo any person under the age of eighteen (18) yeazs. 2. The premises shall be operated in a safe and sanitary manner in accordance with rules promulgated by the Department of Safety and Inspections (DSI). 3. Each customer must present a picture ID when obtaining a tattoo. No recommendation was received from District 2. There are no building code issues. Licensing and Zoning have approved the application with the above-mentioned conditions. Environmental Health is pending. DSI recommends approval with conditions, pending the approval of Environmental Health, ��1157 Ms. McMonigal-St. Dennis reported that she has had numerous contacts with the applicant about the proposed business. She has reviewed the site plan. Her most recent site visit was Friday, September 19, 2008. Environmentai Health approves the application with conditions. The only item remaining to be taken care of is the Environmental Health Plan Review fee which must be paid before the application can move forward. Mr. Steven Vang questioned why the people who object to the business were not here. If they were here, they would understand the type of business this really is. He clarified that Sonia's business is not a body tattooing business; it is a cosmetic, permanent make-up for the face: lips, eyebrows, eyeliner. It has nothing to do with the body. They chose that location because it's a nice area and the salon owner is one of his friends. They will be renting a small space (1 chair) in the salon; their contract is for one yeaz. Ms. Yang is currently in training with a woman who has twenty (20) years experience. She has been training for about six (6) months. Minnesota does not yet require a license for cosmetic permanent make-up. Mr. Vang explained that Sonia will have a small area (one (1) chair) within the salon. Her first clients will be her friends. At first, Sonia will work only on weekends. After she builds up her clientele, she will work more days. The salon hours are from 10:00 a.m. — 7:00 p,m., Monday through Saturday; and from 10:00 a.m. — 5:00 p.m. on Sunday. Mr. Soley explained that the three (3) conditions on the license will be required policies for the business to abide by. Ms. Yang signed a condition affidavit on May 29, 2008. Ms. Nhia Vang asked if these conditions were standard conditions for a tattoo parlor. Mr. Soley replied that they are. Ms. Nhia Vang asked if there have been any problems enforcing the under age 18 condition. Ms. McMonigal-St. Dennis answered that on occasion, they have. She added that within the city of Saint Paul, it is very important that there is no tattooing of minors. At times, they have had to appear in court when they have received complaints about the tattooing of minors. Ms. Vang asked if there is a pazental consent provision. Ms. McMonigal-St. Dennis replied that there is no provision for pazental consent. Ms. Vang asked if they had a chance to discuss the business with the district council. Mr. Vang responded that the district counci] asked him to attend a meeting, which he did attend. No one opposed the business. Ms. Vang expressed that she is happy that the applicants aze building a relationship with the dist�ict council. Ms. Vang asked staff if there were any parking issues related to this business. Mr. Soley replied that the business will take up just a little corner of the salon and won't need any additional parking requirements. Ms. Vang asked Ms. McMonigal-St. Dennis how tattoo parlors are defined in the City of Saint Paul. Ms. McMonigal-St. Dennis explained that the City does regulate tattoo businesses but it does not differentiate between permanent make-up cosmetic tattooing and other tattooing. Chapter 367.01 Tattoo Parlors reads: The word tattooing means and includes any method of placing designs, letters, scrolls, figures, symbols or any other mazks upon or under the skin of a person with ink or colors by the aid of needles or instruments. Ms. McMonigal-St. Dennis added that in Saint Paul when a business uses needles and ink, there are biohazard disposal requirements. They need to have something on site called a Red Box where any used needles or instruments that are to be disposed of would be placed. 2 D� /%57 Ms. Vang asked how the client is made comfortable before tattooing begins. Mr. Vang responded that his wife uses a chemicai to numb the area first, and a squeeze ball is given to the client which he can squeeze during the process. Ms. McMonigal-St. Dennis clarified that the numbing is done with an ointment, not a needle injection. Sonja added that she uses two (2) ointments: 1) one before the process begins; and 2) one after the process. Ms. Vang stated that she will recommend approval with the aforementioned conditions. A copy of the minutes and resolution will be sent to Virgie and Gary Bunde. The hearing was adjourned at 2:32 p.m. /jab