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89-683 �'�.,� �� , , � �r� �,�� ,� , � ,.; � ,2 , ,_�� , WHITE - CITV CLERK COI�[ICII PINK - FINANCE G I TY O A I NT PAU L �'l�—�� CANARY - DEPARTMENT BLUE - MAVOR File NO. City Attny/PBB • • �-��,, unc l Resolution �q; Presented By Refer o Committee: Date Out of Committee By Date RESOLVED, that the tat oo parlor license and all other licenses held by Steven D. oi elle dba Rainbow Fantasy Tattoo Studio for the premises at 20 ftice Street in Saint Paul, are hereby suspended for a peri d f day(s) ,, commencing on This P,.esolution and th a tion taken above are based upon the facts contained in the tt ched memoranda of Ms . Kris Van Horn of the Licensin� Divis 'on and a polaroid photograph. Such facts are not contested by he licenseholder as is evidenced by letter of his attorney date I�� rch 29, 19�9, a coPy of ��hich is attached. Also attached an ri de �art of the record is an affidavit of Greg Philip La so dated March 29 , 19�9 . The action taken is also based n he facts , circumstances and argu- ments presented by and on b ha f of the licenseholder. �J�� COUNCIL MEMBERS � �� Requested by Department of: Yeas Nays ��'' Dimond / I.ong In Fa r Goswitz Rettman B s�ne�be� A gai n Y Sonnen Wilson Form Approved by City Att ney Adopted by Council: Date ' �/�G Certified Passed by Council Secretary By 7 By� A►pproved by Mavor: Date _ Approved by Mayor for Submission to Council By BY ! i..... _ _ • WMITE - GTY CLERK "�� - � '- --� ' CA ARV -DEPA TIOI�ENT..:��.'� ... � ... COIIQCI� �' / - -8��E -M�,�oR GITY OF AINT PAUL File NO. �� f�� °`�' "�'�`'��n �ounci esolution ; Presented By r -�-'� Referred 1'0 � Committee: Date Out of Committee By Date �LYSD, thlt tht ti si'3.cc�r 23fllat�s! inRt iIl 4thss' Iic�s�t 2�1d b�r St+r�+an H. is lle db�e Baiab�r l�i�►tasy ?attoo Sttidio for t'b� grrarises it 5 .� ce Straet i�► Saint Psnl. ars herr�h�g svsp�ded for a . _ ,�,,,_ �iy{'s�, +aaaraa�3.ng oa r This R+e�aiut3� a�rd t!� io� �air� sbov�s are bas�td �poa tl�s fa�cts caatai� i� �hu a ' �ocr�as�a af 1+�. l�ris '�aa �rts af tlw Lit�ain* �fi�if.�i � = s palsro�id p'�a'toSs'aPh. �SCh faata ss�+t no� �t�ested la� 3�a�Id�c as is a�vid�s��d b�r istt�t of his �t da , �'9, 1�89, �s cap�r o! �ch ia sttae�sd. Alsa a�G�` pist of t.�ur► r�cord is a� affida�it Qf t�tig !�"hilip� ; �ated l�ire;h 29, Y989. ?�e a�tio� t�t�t is �also buid a �f�ts, eire�ve�sta�s a�d �ucgu- �tr p�t��zat�i b�► aa4d � � of �t�a 11�o►1d+�r. � ` �'"': f � .,�-�._ COUNCIL MEMBERS �t� ''-'ft;j, Requested by Department of: Yeas Nays - Dimond �� In Fa or -�_�. coswitz Rettman `� ��i�� Again t gY sonnen � �Vilson Form Approved by City Attorney Adopted by Council: Date ;� . Certified Passed by Council Secretary BY By A►pproved by Mavor: Da�te Approved by Mayor for Submission to Council gy — BY . , /(�,�- fi� �j O'�J :�;• (.,� o :O. CI Y F SAINT PAUL _ INTERDEPA T ENTAL MEMORANDUM DATE: February 24, 1989 T0: Mr. Carchedi � Y�� FROM: Kris Van Horn� On February 23, 1989 at 11:00 .m. , Karen Reuer and her son John (2660 Magnolia Lane, Plymouth 55441, 5 -1889 home, 537-8413 work) came to the office at the License Insp t 's request regarding a tatoo that had been given to John on February nd or 9th, 1989 at 520 Rice Street DBA Rainbow Fantasy. John in a mi r (15 years of age) with a birth date of April 21, 1973. John described three males that we e present at the time he and his friend Chad went to 520 Rice St ee (Rainbow Fantasy) : 1) Large, muscular male, pp oximately 5`9", clean shaven, long hair on the sides of his head and short on top, and tatoos all over. 2) Male approximately 5'1 ", skinny, dark brown/black hair, tatoos on both arms, a d ad 5 o'clock shadow. . 3) Male approximately 5'1 ", long black hair over the shoulder, goatee beard, and dirt 1 oking. John paid $25.00 for the tattoo an was never asked his age or for iden- tification. John described the in rior of the building, and a picture was taken of his arm with the t to . KVH/lb . �� :O� C TY f SAINT PAUL INTERDEPA T ENTAL MEMORANDUM DATE: February 24, 1989 T0: Mr. Carchedi FROM: Kris Van Horn�� On February 23, 1989 at 2:30 p. . , a Steve Loiselle of Rainbow Fantasy, 520 Rice Street, came to the L'ce e Division office at my request. Mr. Loiselle has worked and op ra d the studio at 520 Rice Street for approximately three years. rir. Loiselle was shown a pictur o the tattoo given to John and stated that it was not done in his stu io Mr. Loiselle charges a minimum of $30.00 and brought with him a 1 g f all the work done in his studio and index cards signed by all perso s eceiving tattoos (copies attached) . I could find no indication of a ta too of the kind John had in Mr. Loiselle's logs. Mr. Loiselle is 6 feet tall, me iu build, and has long over the shoulder hair pulled back into a ponytai . He wears four earrings in his left ear, and his right ear is tatto ed He has a lo�g shaggy mustache and shaggy goatee. Also, tattoos a pe r to be coveri�g the back of his neck (picture attached) . �� . KVH/lb attachment � � �� 3 .�: CI Y F SAINT PAUL INTERDEPA TM NTAL MEMORANDUM DATE: March 3, 1989 T0: Phil Byrne ' Y��FROM: Kris Van Horn,� On March 2, 1989, Steven Loisel e ame in with Greg Larson, one of his employees. Greg looked at the ic ure and claimed that he had done the work. He said John and two of is friends came in to the shop on Feb- ruary 9, 1989. John told Greg ha he wanted (American Skinhead) and Greg drew it up. John said he an ed it smaller so Greg drew it up again. John was told that the minimum ee was $30.00. and he said that was no problem. Greg asked for identi ic tion and was presented with a Minne- sota Drivers License with a bir hd te of March 28, 1970. After the work was done, John d dn t have enough money to pay for it. He had $25.00 and his friend ki ke in $2.00. Greg was angry and tore up the index card that is fille o t with each tattoo. It should be noted that at the ime of the tattooing the license was in the name of Elbert Kimber. The er on operating the shop is Steven . Loiselle. RVH/Ib . . ��-��3 FLAKNE OFFICES, PA. ATf RN 5 AT lAW 9304 LYN ALE VENUE SOUTH MINNEAPO IS. INNESOTA 55420 (G 2) -9304 KLEVE �. FLAKNE DONALD W.FETT (1898-1960) OF COUNSEL GARY W.FLAKNE TODDm_9ngrN'oT - BRIAN K.FLAKNE DANIEL 5.McGRATH `� � ti s. —� � � � .� �ji.�_- �:-.,:i-.✓ ' � ��`�J � - ,.,. �-` "� -' ;.� "^ ' 1j n ��y�� ` , �./� . In s osition to not contest the ion as opposed to adm' t he violation. The balance of this letter ' s esigned to present such facts as we deem to be in m' ti ation with respect to this incident. Enclosed please in a copy of an Affidavit by Greg Philip Larson. Mr. La so was an individual who was renting space from Mr. i elle at the tattoo studio located at 520 Rice Street. T e enclosed Affidavit sets . � � 1,�-�-�� Mr. Phillip B. Byrne -2- March 29, 1989 forth the circumstances su ro nding the tattoing of Mr. , Reu�r and also the response th t Mr. Loiselle has taken with respect to that incid nt At the present time, Mr. L is lle does not have any employees and he does not have any o he independent contractors working out of is studio. I have is ussed in great detail with Mr. Loiselle the rules and reg la ions with respect to tattooing as governed by the City of St Paul and I believe that he has a full understanding o h s responsibilities, at least with respect to minors. H we er, in spite of the fact that Mr. Loiselle has been lice se for at least two years, he has never been supplied wi h complete copy of all rules and regulations as promulgated by the City Health Inspectors with respect to the running of is business. Please supply to this office a complete cop o those rules and regulations so that same may be posted in his business establishment for future reference and s t at I may advise him with respect to same. It has been the practice o M . Loiselle upon the request by an individual to be tat o d that he obtain information from that individual, incl i g his name, address, telephone number, date of birth, a de c iption of the tattoo and the price paid for the tattoo. I have advised Mr. Loiselle that in the future, he will h ve to be even more scrupulous with respect to the obtaini g of this information and in addition, I have develop d for him an information waiver and release form, a copy of w ich is enclosed herewith and which will be used in all f t re tattoo administrations. Mr. Loiselle greatly regret nd is deeply concerned about this incident and I believe t at he has taken appropriate steps to insure that simila ncidents to not happen. Upon your review of the inf r ation contained in this letter, I request you to contact me s that we may discuss such penalty as you deem appropr' a e. It is obviously the hope of Mr. Loiselle that s c penalty be minimal, in light of all the facts and circum t nces surrounding this incident. May I please hear from you. Sincerely, FLAKNE LAW OFFICES , P.A. .1,��%-o..ti_1��-'" �� Brian K. Flakne Attorney at Law pjw Enclosure _ . . � �--��-��3 AFFIDA I OF GREG PHIL P LARSON STATE OF MINNESOTA) ) ss . COUNTY OF HENNEPIN) Greg Phillip Larson, bein irst duly sworn upon oath deposes and states as follows: 1 . Your affiant ' s name i reg Philip Larson, he lives at 14750 West Burnsville Park y Apartment No. 99, Burnsville, MN 55337 . Your affiant ' s tel h ne number is 440-4682. I am presently 30 years of age, ha in been born on Marcn 21, 1959. 2. Your affiant states a he is a tatoo artist by vocation. In addition, your ff ant is involved in other artistic endeavors . 3 . In March of 1988; yo r ffiant began to work out of the tattoo studio known .as Rai bo Fantasy Tattoo Studio located at 520 Rice Street in the Cit o St. Paul, State of Minnesota. Your affiant' s relationship w' th that Tattoo Studio was that he rented a chair and tatooed cu to ers of your affiant and other walk-in customers and that he pa d to the owner of the studio a fee which was equal to fifty ler ent (50$) of the price of the tatoo for each tatoo that you a fiant created. 4 . Your affiant states ha it was the standard practice of the studio to require an i d. to be checked for each individual who requested a ta to . Typically, your affiant requested an i.d. and was sho n ither a Minnesota State Driver' s License or a Minnesota State .D. In almost every instance since March of 1988 , your aff an has requested and received an identification, as set for h bove. - � � tA`�j �O�-� 5. Your affiant states t at the purpose of requesting , an i .d. is to guard against th r strictions against tatooing minors . Your affiant states t at after obtaining an i.d. from a customer, it was the practic o the studio to log that information on an index card, so as to be bl to retain a permanent record of all work done in the studio an t verify the checking of i .d. 6 . On February 9, 1989, ' he early evening at approximately 6: 30 p.m. , an individual now k w to be John Reuer came into the Rainbow Fantasy Tattoo Stud' �cated on Rice Street as previously mentioned. This in 'v dual had two friends with him, all of whom appeared to be adul s who were wearing very closely cropped hair in the fashion kno n as the "skinhead" look. It was apparent that all three of h se individuals knew each other and that they were reques i g that John Reuer be tattooed. 7. John Reuer sat down a d requested that he be tattooed with the phrase "American Skinh a " and that said t�ttoo be put upon his left forearm horiz n lly, approximately five inches above his wrist. Pursua t o standard practice, I asked Mr. Reuer for an identif ca ion and he reached into his right rear pocket and withd e a Minnesota State Driver' s License which had upon it the d te of birth as 3/28/70. Your affiant checked the date and re og ized that the individual presenting the i.d. purported t b over 18 years of age and upon checking the photograph on th identification, it very closely resembled the individua s anding in front of your affiant at that time. 2 . - • ��r_��3 8 . Your affiant states h t upon verifying the identification, he began draw n "American Skinhead" . Your affiant asked John Reuer if Sk'nhead" was to be one word or two and was informed by Jo n Reuer that it was to be one word. 9 . Your affiant then dr w he tattoo again on a separate sheet of paper smaller th n riginally planned, at the request of John Reuer. 10 . Once the preliminar d awings of the tattoo had been completed, your affiant c r fully explained that the price of the tattoo would be $3 . 0 which was the shop minimum for any tattoo which was provid d. 11 . At approximately 7:0 , your affiant began to administer the tattoo and same as completed upon the body of John _ Reuer at approximatel 7: 15. 12. Upon completion fo t e attoo, your affiant bandaged it and explained the proper ca e f the tattoo as it healed. After making this explanation o ohn . Reuer, your affiant cleaned his work station and b ga filling out a card for the permanent records of the ta to studio. When your affiant asked fc�r the cash to pay for e attoo that had been administered, John �.Reuer gave o r affiant $25 . 00, but your affiant stated that the shop mi i um was $30. 00, as had been previously explained. One of t e two companions of John Rueuer provided an additional $ . 0 for a total of $27. 00. All three individuals very quic 1 left the tatoo studio without completing the permanen r cord index card or providing a signature that is a normal pa t f our procedure. 3 . � - C��-��3 13 . Your affiant state hat on February 9 , 1989 , Steven D. Loiselle was not p e ent in the tattoo studio when this tattoo was administered. our affiant states that Steven D. Loiselle had no kn w edge of any of the events giving rise to this tattoo un i sometime thereafter, when your affiant explained what a taken place to Steven D. Loiselle. When Steven D. Lo s lle learned that your affiant had tattooed a minor n irect contravention of his specific shop procedures, St v D. Loiselle terminated his relationship with your affia t and since the date of termination, your affiant ha t been affiliated with the Rainbow Fantasy Tattoo Studio 14. Your affiant state at he made a due and diligent inquiry into the age of John uer and that he was provided with identification which de o strated that John �Reuer was an adult. Your affiant stat s hat at the time that he administered the tattoo to Jo n Reuer, that he believed he was an adult and that as an d lt, he was entering into the administration of a tattoo in a free, knowing and voluntary fashion. Your affiant state at at the time he administered i the tattoc�, John Reuer appea e to be sober, not under duress and was acting in a c m etely voluntary fashion. Further, your affiant s ye h not. _ � /�� .�-- �eg P. arson Subscribed and sworn to befo e e �� this a-��ay of March, 1989 ,,,�:...<< , 4c-�X��M�. � �• _ ,. . � f'i�� : . .,�. n -. M` Notary Public •. : ,�, ,.�r�TM�,�ti;..;,,,;,, �,,,;�, ,,.,,�,►.,. .� 4 � • �;��`-��-� RAINBOW FANTA Y ATTOO STUDIO 520 Ri e treet St. Paul M 55103 REQUEST FOR TATT00/WAI ER AND RELEASE OF CLAIMS Name: Address : Telephone Number: Date of Birth: I .D. Checked: Tattoo Requested: Aller ic Reac ' 9 tions: Communicable Diseases: Price for Tattoo: WAIVER AND REL A E OF CLAIMS The undersigned states th t e/she is an adult presently over the age of 18 years and t a he/she has provided identification demonstrating p o that he/she is at least age 18 . The undersigned state t at he/she has provided the informaiion contained at the t p f tnis form and that all such information is truthfully and ol ntarily given. The undersigned has discussed with th staff at Rainbow Fantasy Tattoo Studio the administrati n rocedures in connection with tattooing. It has been e pl ined that tattooing is a permanent, irreversible mark "ng of the human body with ink. . � ' C��'�3 The tattooing procedure ha en fully and completely described to the undersigned. The u de signed states that he/she has asked all such questions as he she deemed necessary to determine the procedure and administ at on of a tattoo. With full knowledge of tattooing pro d res and with the knowledge that said tattoo as applied nad e cribed above will be permanent and indelible, the undersig' e agrees to be tattooed by the staff of Rainbow Fantas T ttoo Studio. Dated: Tattoo administered by: Dated: Rainbow Fantasy Tattoo Studio 2