03-895Council File # f�3-�
Ordinance #
Green Sheet # JbUSy�3
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ORDIIVANCE
CITY OF SAlNT PAUL, MlNNESOTA
Presented
Referred To
Committee: Date
An ordinance to amend Saint Paul Legislative
Code Chapter 367 to require tattoo facility
4 owners to apply for an environmental plan
5 review and pay a fee for new construction
6 and/or remodeling of the facility as well as
7 provide for change of ownership inspection
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and fees.
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section 1
S/
Section 367.01 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 367.01. Definitions.
-1—The following definitions shall apply in the interpretation and enforcement of this chapter:
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20 (1) Change ofownership: The word "chan�e of ownership" means a licensed business is sold or transferred
21 to another person, business or corpora6on. A chanee of ownership, as it relates to an environmental plan
22 review, does not include the chanQine or addine of officers to an existing partnershi o�r co_rporation ar
23 chanee of a mailine address.
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(21 Director: The word "director" means the director of the environmental health section of the citv office of
license, insnections and environmental protection (LIEPI or his/her desienated a>�ent.
(3�) Tattooing: The word "tattooing" means and includes any method of placing designs, letters, scrolls,
figures, symbols, or any other marks upon or under the skin of a person with ink or colors, by the aid of
needles or insiruments.
(43) Person: The word "person" means and includes any individual, firm or corporation, owner or operator
of a tattooing establishment.
(51 Remodel: The word "remodel" means anv reconstruction, alteration or repair that requires structural,
plumbing, mechanical and/ar electrical permits: chaneing the location of walls; expanding the area of the
facility; substantially chaneing or expandine the character of the business. Remodel does not include
re�lacine a oiece of ec�uipment with a like piece of equipment: re ln acin¢ wall, floor or ceiline finishes:
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2 business. The director shall have discretion in deternuning when this section a�plies.
3 (Ord. No. 16357, § .Ol, 10-14-77)
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Section 367.03 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 367.03. Investigation and inspection.
�It shall be the duty of the health officer to investigate the premises where tattooing is proposed to be
practiced, and if it shall appear to the director ix�eerthat the sanitary conditions prevailing upon the
premises comply with the provisions of this chapter and conform to the rules and regulations promuigated
by the director -�xea�tir a€f�eer, the license application for the establishment shall be approved.
15 (2) Environmental plan review required. A person shall not beein to construct, remodel, or alter a tattoo
16 parlor until the director has reviewed and a�roroved the plans and specifications required bv this subsection.
17 The tattoo pazlor shall be constructed and finished in conformance with the approved plans. The director
18 ma�pect the tattoo parlor as frequentiv as deemed necessary durin� construction to ensure that
19 construction occurs in conformance with this chapter. The director shall conduct a final ins ection nn 'or to
20 the start of operations and issuance of an a�oroved Iicense. If work has commenced prior to approval of
21 olans when required, the director mav issue orders to hait the construction, extensive remodeline, expansion,
22 or alteration, or mav issue orders, includine demolition or removal, if reasonablv necessary to determine
23 compliance with the standards of this chapter.
24 (31 Chan�e of ownership review reguired. Upon a change of ownership of a tattoo parlor, the director shall
25 conduct a"chanee of ownership review" of the oremises to determine comoliance with the requirements of
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27 (Ord. No. 16357, § .03, 10-14-77)
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Section 3
Section 367.04 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 367.04. Fee.
34 The annual fee for a license to engage in the practice of tattooing alone with the fees for an environmental
35 plan review and chan¢e of ownership review shall be established by ordinance as specified in section
36 310.09(b) of the Saint Paul Legislative Code.
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(Ord. No. 16357, §.04, 10-14-77; C.F. No. 99-518, § 1, 7-7-99)
Section 4
Section 367.06 of the Saint Paul Legislative Code is hereby amended to read as follows:
43 Sec. 367.06. General instructions.
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1 The tattooing license and regulations of the o�ce of license. insroections and environmental,protection
2 shall be posted at a11 times in a conspicuous place in the tattooing establishment.
3 (Ord. No. 16357, § .06, 10-14-77)
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Section 5
Section 367.07 of the Saint Paul Legislative Code is hereby amended to read as follows:
Sec. 367.07. Rules and regulations.
The director � shalf promulgate rules and regulations reasonably necessary to the safe and
sanitary operation of tattooing establishments after giving the parties affected thereby notice and oppomuuty
to comment. The director�n�hall make available at Ieast one (1) free copy of the proposed rules
and regulations to any party requesting them. The director iie�t�shall allow written comments to be
submitted for ten (10) days after notice of the proposed promulgation is given. If, at the end of the ten-day
period, the director i�eai�ira��xeEr chooses to adopt the proposed rules and regulations, whether in the
original or in an amended form, he shall make available a copy of such rules and regulations to all affected
persons upon request for at least five (5) days before filing them with the city clerk. Rules and regulations
promulgated pursuant to the provisions of this section shall be effective upon filing with the office of the
city clerk. Amendments to rules and regulations promulgated pursuant to this section shaIl be effective
twenty (20) days after filing with the office of the city clerk.
(Ord. No. 16357, § .07, 10-14-77)
Section 6
This ordinance sha11 take effect and be in full force thirty (30) days following its passage, approval and
publication.
Adoption Certified by Council Secretary
By:
'��- 3�I�i�/l�i�iii
By:
Requested by Department of:
Office of License, Inspections and
Environmental Protection
BY= S�.r,.,-Q..P,.� C� . K0�-dd4
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Form Approve by City Attomey
Hy:
Approv�cY k6y Mayor for S�mi_s�3on �
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Adopted by Council: Date /� S ��
� Green Sheet Green Sheet
63-
Green Sheet Green Sheet Green Sheet Green Sheet ���
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DepartrnenNoffice/council: � Date Initiated: ��
I LP — License/Inspec[ioNEnvironProt 18SEP-03 Green Sheet NO: 3005463
Contact Person 8 Phone: nr(
' Deoartrnent SentToPerson Initial/Date
Virginia Palmer � I 0 icenseHnsoecfion/Environ Pro t�
266-8770
� Auign 1 - NAttornev
Must Be on Council Agenda 6y (Date): Number 2 a or•s Office
S For
Routing 3 ouncil I
O�der 4 vor's O�ce
5 i Clerk
Total # of Signature Pages _(Clip All Locations for Signature)
Action Requested:
Approval of an ordinance to amend Saint Paul Legislarive Code Chapter 367 to require tattoo facility owners to apply for an
environmental plan review and pay a fee for new construction and/or remodeling of the facility as well as provide for change of
ownership inspections and fees.
Recommendations: Approve (A) or RejecC (R): Personal Service Contracts Must Answer the Following Questions:
Planning Commission t. Has this person/firm ever worked under a contract for this department?
CIB Committee Yes No
Civil Service Commission 2. Has this persoNfirm ever been a city empioyee? '
Yes No
3. Does this personlfirm possess a skill not normally possessed by�any
. - current city employee?
Yes No
� Explain all yes answers on separate sheet and atYach to green sheet
Initiating Problem, Issues, Opportuniry (Who, What, When, Where, Why): �
This proposal is part of Mayor Kelly's 2004 Proposed Budget for LIEP. Currently the Environinental Health Section does not collect
fees for the extra work involved in conducting plan review activities. The staff time required for this activity is eactensive.
AdvanWges If Approved: �
LIEP will be able to recoup reasonable cosu necessary to conduct environmental health plan review activities. '
Disadvantages If Approved: `
Increased costs to tattoa facility owners.
Disadvantages If Not Approved: �
Plan review activities for tattoo faciliries will not be funded.
Total Amount of � CosVRevenue Budgeted: � �4�! f �p�Q�fC�I G�tl�f _
Trensaction:
Funding Source: Activity Number:
Fi nancial 1 nfortnation:
sEP �. � 20�
(Facplain) ,
FROM :B-COOL TATT00
FAX N0. :6517711345
City Council Board Members
Saint Paul, MN 55102
November 5, 2fl03
Dear Members of the Council,
Nov. 05 2003 01:43PM P2
03' g9S
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B-cool Tattoo
1424 W hite Bear Ave
651-771-1345
It has come to my auenrion that St_Vaul is considering the rezonins of business property.
From what 1 have learned, i think there is a sound basis for the proposal, and to my
somewhat limited gathering of information, T support the idea.
My husband Fu►d I own S-Cool Tattoo and Piercing. My concem at this juncture is how it
might afrect my business location. I have been localed at 1424 White Bear Avenue for 4
yeazs plus 2 months. We are in a mixcd n�7gh�rhood of small businesses and owner
occupied singl�family residences. We have never hacl so much as a disagreemcnt with
any of our immediate neighbors, or extended community. We have never had a police
c:all to ow business. We have never had a problem with loitering, or even littering. We
consider ourselvcs to be honest basiness pec�plc, in a stsfe, fricndly neighborhood. Our
leased space is kept c)ean, uncluttered, with a well-manicured lawn, and a well lit safc
walk are�. Ours es a posted non-smoking shop. Though we currently lease, we hope to
purchaso ihe building in Au�,�ust if the cutrent owner is amenable; if not we wattt to
purchase here in the Hi]lcrest area.
Our cliezlts are not only from St.Paul, but from many wonderfu] suburbs, the like of
Maplewood North Oaks, Dellwood, While Bear Lake, and on and on. This business has
become very mainstreamed, ai tattoos have becomc fashion rather than stigna. We have
tattooed P31A's RN's, engineers, police personncl, and folks from a]I walks of financial
demographics. We do not lattoo anyone under the age of 18, even with a pazeat. We
pieroe clienYS under ] 8, but only when ACCOMPANIED by their parent, who h2s to
provide a photo I.D.
Our clients have told �s hundreds of times how pleasanUy surprised they were to find our
establishment so clean and comfortable.
We are azkin� ihat the 2oning for taitov shops be TN2. Please do rtot consider us non-
conforming. My basic understanding of the term "non-conforming" seems make it
difticult for uz to improve ow property, and that concept is a slep backward from what
we business owners hope to achieve. Please feel free t� visit and see for yourself how
txttoo shops of today are not as they might havc been yester-ycar.
Please excase oar absence from the meeting this evening; wc have a gala for our
daughter's charter school that we cannot miss.
ank you for y�ur co ' n,
QAn+��
nine and Andrew ailey
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