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08-781CITY Presented by CouncilFile# [�-7g( Green Sheet #1 3056895 RESOLUTION � ` SAfNT PAUL, MINNESOTA ] WHEREAS, the Legislative Hearing Officer recommends that the application (I.D. # 20080000768) for a 2 Tattoo Parlor License by Yohan Almaguer, owner, doing business as Mr. Tattoo's Studio, "I79 Seventh 3 Street East, be approved with the following conditions: 4 1. Per City of Saint Paul Legislative Code Sec. 367.05, Tattooing of minors: Tt shall be unlawful to � tattoo any person under the age of eighteen (] 8) years. 6 2. The premises sha11 be operated in a safe and sanitary manner in accordance with rules promulgated 7 by the Department of Safety and Inspections. 8 3. Each customer must present a picture ID when obtaining a tattoo. 9 4. Not more than 50% of the windowldoor glass area can be covered with any sort of obstruction (e.g., ] 0 advertisements, signage, artwork, draperies, etc) at all times the establishment is occupied. 11 12 "I'I BE IT RESOLVED that the Council of the City of Saint Paul hereby approved this license 13 application with the aforementioned conditions. Bostrom Carter Harris Hetgen Stark Thune ✓ Adopted by Council: Date Adopiion Certified by Cou cil Secreta4`y By __. /� ,' t � _/ Approved a D e / Q By: Requested by Department of. � Form Approved by Ciry Attorney By: Form Approved by Mayor for Submission to Council By: Dg 7�t � Green,Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � � uepartmenVOtFicelcouncf � (,'Q 'Council F__ '. Co�WCt P¢rson & Pho�: � Marcia Moerrnond I 2ES-E�J7U on Ooc. Type: RESOLUTION by ,���-08 f Green Sheet NO: 3056895 � Assign Number For Routing Order E-DoGUment Requiretl: Y Document Contact: Racquel Naylor ContactPhone; 266-8573 Total # of Signature Pages _(Ciip All Locations for Signature) O 04OC11 ] onncii De artment Director 2 ' Ckrk 3 4 5 Approval of license application with conditions, per the Legislative Heanng Officer, for a Tattoo Pador license by Yohan Almaguer, doing business as Mr. Tattoo's Studio, located at 779 Seventh Sheet East. Plannin9 Commission 1. Has this personlfirm ever worketl untler a contract for this department? CIB Committee Yes No Givil Service Commissio� 2. Has this person/firm ever been a city employee? Yes No 3. Does fhis personlf+rm possess a skill not normally possessed by any cuttent city employee? Yes No Explain ai) yes answers on separete sheet and attach to green sheet Initiating Probiem, Issues, Opportuniry (Who, What, When, Where, Why); Advantages It Approvetl: Disadvantages If Approved: Disadvantages If Not Approved: Transaction: Funding Source: Financiallntormatlon: (Expiain) Activity Number. CosURevenue 8udgeted: July 16, 2008 2:30 PM Page 1 MINUTES OF THE LEGTSLATNE HEARING MR. TATT00'S STUDIO — 779 Seventh Street East Thursday, June 19, 2008 Room 330 City HalllCourthouse, 15 Kellogg Boulevard West Mazcia Moermond, Legislative Heazing Officer The hearing was called to order at 9:12 a.m. STAFF PRESENT: Jeff Fischbach, Department of Safety and Inspections; Marcia Moermond, Legislative Heazing Officer The following appeared: Yohan Almaguer, I 132 Albemarle Street, owner; and Tashanda Easley, 1132 Albemarle Street. Marcia Moermond reported that they received one letter of concern about the issuance of the license. Today, they wi11 get a staff report, talk to the owner about the business, and talk about the concern raised in the letter. At the end of the hearing, she will make one of three recommendations to the City Council: issue the license without conditions, issue the license with some condiYions, or send the license application to an Administrative Law Judge. It looks like the owner has already agreed to some conditions. If Ms. Moermond thinks there are other conditions that need to be on the license, the owner has to agree to those conditions before they can be put on the license. If Ms. Moermond feels a condition is necessary and the owner disagrees, then it will go to an Administrative Law Judge. 3eff Fischbach reported that this is a tattoo parlor license application at 779 7`" Street EasT; Yohan Almaguer is the owner. The owner is instaliing some tile, and he is aware that he needs to get a building permit. The environmental health inspector has had difficulty getting plans and sufficient details, Licensing has recommended fhis be approved with the following conditions: 1. Per City of Saint Paul Legislative Code Sea 367.05. Tattooing of minors. It shall be unlawful to tattoo any person under the age of eighteen (18) years, 2. The prem'rses shall be operated in a safe and sanitary manner in accordance wath rules promulgated by the Department of Safety and Tnspections, 3. Each customer must present a picture ID when obtaining a tattoo. Mr. Fischbach continued: Mr. Almaguer has agreed to these conditions and has signed an affidavit He needs to provide a copy of the lease. He has submitted a lease that he is working on wiCh the properry owner. DSI has recommended approval with conditions. (Ms. Moermond took a moment to read the inspectors note on this license application.) Ms. Moermond asked is L V Mar Enterprises the owner of the building. Mr. Almaguer responded yes. He is dealing with Vince. D�-7$[ I.egislative Hearing Minutes for Mr. Tattoo's Studio, 779 Seventh Street East Page 2 Ms. Moermond asked has he been in the tattoo business before. Mr. Almaguer responded that he has been doing it for 11 years as a traveling artist. He was a manager at one shop in New Orleans, but it did not work out after [Hurricanej Katrina. He worked for Planet ink on University Avenue. He has been doing it at home ever since. He feels now he needs to open up a business. Ms. Moermond asked his hours of operation. Mr. Almaguer responded Tuesday through Sunday, 1:OQ p.m. to 10:00 p.m. with Sunday being 1:00 p.m. to 6:Q0 p.m. Will there be chairs that other artists can use, asked Ms. Moermond. Mr. Almaguer responded that there wi1l be three available spaces. He does have Qne artist that might work for him. Ms. Moermond asked for information about the lease. Mr. Almaguer responded that he and the owner have come to an agreement and he has signed a lease. Mr. Hawkins responded that he would like the signature page, so that issue can be checked off. Ms. Moermond stated she would like to talk about tbe ]etter. The person does exist and wanted to remain anonymous. She is not getting any information off of the letter that she can do anything with. Mr. Almaguer responded thaY there was a tattoo shQp thera previously. When he went to a district council hearing, there was an issue about loitering. They asked could he put a canister there, and he said he would do that. He did notice the trash. There is so much room in the shop, there should not be anyone outside. He is thinking that the owner was a biker and there was a lot of noise when they were leaving. (Ms. Moermond looked at a photograph of the shop, and Mr. Almaguer explained where it is located.) Ms. Moermond asked what he will do with the window space. Mr. Almaguer responded that he will have word "tattoo" �vith the address above it on the door. The first big window will have "Mr. TaCtoo's Studio," and the open times. He has not decided on tbe other big window yet. People are going out to have a cigarette, said Ms. Moermond. No maYter what kind of business it is, the more open window space between where the people are and the owner, the more safety there is far the people on the street. Also, would he be willing to say that he will maintain visibility through a certain amount of window space. Mr. Almaguer responded that he can leave the other one open. Ms. Moermond stated that 50% of the window space will be free of obstruction. She would like that as a condition on the license. Mr. Almaguer asked about the neon sign. Also, he wanted it to look ]ike home, so he was planning to put drapes on the window. Ms. Moermond responded that half the window space shoutd be open. Mr. Fischbach responded that the inspectors wauld not count the � ��( Legislative Hearing Minutes for Mr. Tattoo's Studio, 779 Seventb Street East Page 3 neon sign because it gets too difficult. The owner cannot have drapes covering the open part. Ms. Moermond asked about the ash tray or garbage can outside. Mr. Almaguer responded that he sti11 has to provide a garbage can. Ms. Moermond stated this wi11 not be a condition, but a handshake: the owner will provide an attractive looking ash tray and garbage can. Ms. Es1ey added that it might be a kids design on the can, colorful banels, or something attractive. Ms. Moermond stated the 50% visibility should be during the hours of operation. As for the bars on both of the windows, Mr. Almaguer asked should he leave them up. Ms. Moermond responded that she would not treat the bars as obstruction. Mr. Hawkins stated that Mr. Almaguer still needs to get some equipment to Barb St. Dennis (DSI-Licensing). The mop sink is not going to work. Mr. Almaguer responded that he does �ot need to install anything, as evarything was fine. She wants him to redraw things. Mr. Almaguer asked does he need a permit: he took walls down and would like to ptrt them back up. Mr. Fischbach responded he does need a permit for that. He should include all that work in the building permit applicaYion. Ms. Moermond recommends approval of the license application with the following conditions: l. Per City of Saint Paul Legislative Code Sec. 367.05, Tattooing of minars: It sha11 be un]awful to taCtoo any person under the age of eighteen (18) years. 2. The premises shall be operated in a safe and sanitary manner in accordance with rules promulgated by the Department of Safety and Tnspections. 3. Each customer must present a picture ID when obtaining a tattoo. 4. Not more than 50% of the windowldoor glass area can be covered with any sort of obstruction (e.g., advertisements, signage, artwork, draperies, etc) aT all times the establishment is occupied. The hearing was adjoumed at 9:35 a.m. rrn