The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Body piercing means penetrating or making a hole in or through the human body to place jewelry or objects of metal, plastic, wood, bone, or other foreign material on an area for cosmetic purposes.

Branding means the use of heat, cold, or any chemical compound to imprint permanent markings on human skin by any means other than tattooing.

Clean means the absence of dirt, grease, rubbish, garbage, and other offensive, unsightly, or extraneous matter.

Good repair means free of corrosion, breaks, cracks, chips, pitting, excessive wear and tear, leaks, obstructions, and similar defects so as to constitute a sanitary, workable and sound condition.

Issuing authority means the city clerk-treasurer or a designee.

Minor means a person under the age of 18 years.

Operator means any person who performs or practices the art of tattooing and/or body piercing on another person in connection with the operation of a tattoo and/or body piercing establishment and receives compensation from the owner of the business or its patrons.

Owner means any individual, firm, company, corporation, or association that owns an establishment where tattooing and/or body piercing is performed.

Scarification means the cutting or tearing of human skin for the purpose of creating a permanent mark or design on the skin.

Tattoo or tattooing means the marking of the skin of a person by insertion of permanent colors by introducing them through puncture of the skin.

(Ord. No. 01-2008, § 32.02, 9-16-2008)

(a)

The enforcement, violations, and penalty standards contained in the county tattoo and body piercing ordinance, as may be amended, are hereby adopted by reference.

(b)

In the event the conditional use permit is violated, the remedies contained in this chapter are hereby adopted by reference.

(Ord. No. 01-2008, § 32.12, 9-16-2008)

Any person hindering the efforts of city or county officials to investigate possible violations of this article shall be guilty of a misdemeanor.

(Ord. No. 01-2008, § 32.13, 9-16-2008)

The purpose of this article is to regulate the business of tattooing and/or body piercing in order to protect the general health, safety, and welfare of the community.

(1)

The city council finds that the experience of other cities indicates that there is a connection between tattooing/body piercing and hepatitis and other health problems.

(2)

The city council finds that stringent regulations governing tattooing and body piercing can minimize the hepatitis and disease risk, and therefore protect the general health, safety, and welfare of the community.

(3)

It is not the intent to prohibit tattoo and/or body piercing establishments from having a reasonable opportunity to locate in the city.

(Ord. No. 01-2008, § 32.01, 9-16-2008)

(a)

In any case where a provision of this article is found to be in conflict with the provision of any zoning, building, fire, safety, or health ordinance or code in the city, the provision which establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail.

(b)

In any case where a provision of this article is found to be in conflict with a provision of the county tattoo and body piercing ordinance, the provision which establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail.

(Ord. No. 01-2008, § 32.14, 9-16-2008)

Tattoo and/or body piercing establishments are hereby designated as conditional uses within the C-1 highway commercial district and the C-2 community commercial district. A conditional use permit under division 4 of article II of this chapter, as may be amended, shall be required.

(Ord. No. 01-2008, § 32.025, 9-16-2008)

No person shall perform tattooing, application of permanent cosmetics, and/or body piercing services within the city unless such a person is registered with Wright County Public Health to perform tattooing, permanent cosmetics, or body piercing. Upon completion of all the requirements of registration, the candidate will receive a tattooist, body piercer, or permanent cosmetics technician certificate of registration. The certificate of registration shall require renewal by the county one year from the date of issuance. A licensed physician or surgeon or a person engaged in the piercing of the leading edge or earlobe of the ears only is exempt from registration requirements.

(Ord. No. 01-2008, § 32.04, 9-16-2008)

No person shall engage in the practice of tattooing and/or body piercing at any place in the city without complying in full with requirements enforced by the county tattoo and body piercing ordinance, as may be amended.

(Ord. No. 01-2008, § 32.11, 9-16-2008)

No person, partnership, or corporation shall operate any establishment where tattooing and/or body piercing is practiced, nor engage in the practice of tattooing and/or body piercing without first securing written approval by Wright County Public Health to operate a tattoo, permanent cosmetics, or body piercing facility.

(Ord. No. 01-2008, § 32.03, 9-16-2008)

(a)

The annual business license fee is set by city council in an annual fee schedule.

(b)

Each application for a license shall be submitted to the city clerk-treasurer and payment made to the city. Each application for a license shall be accompanied by payment in full of the required license fee. Upon rejection of any application for a license, the applicant may be refunded a portion of the license fee in accordance with the fee resolution, except where rejection is for a willful misstatement in the license application.

(c)

All licensing shall expire on December 31 of each year. Each license shall be issued for a period of one year, except that if a portion of the license year has elapsed when application is made, a license may be issued for the remainder of the year for a prorated fee. In computing such fee, any unexpired fraction of a month shall be counted as one month.

(d)

Once a license has been granted, no part of the fee paid by any licensee shall be refunded, except that a prorated portion of the fee shall be refunded in the event of the complete closure of the business and cessation of business activities for any of the following reasons and upon application to the city clerk-treasurer within 30 days from the happenings of the event, provided that such event occurs more than 30 days before the expiration of the license.

(1)

Destruction or damage of the licensed premises by fire or other catastrophe.

(2)

The licensee's illness.

(3)

The licensee's death.

(4)

A change in the legal status making it unlawful for licensed business to continue.

(e)

Each application shall contain a provision on the application indicating that any withholding of information or the providing of false or misleading information will be grounds for denial or revocation of a license. Any changes in the information provided on the application or provided during the investigation shall be brought to the attention of the city clerk-treasurer by the applicant or licensee. If said changes take place during the investigation, said data shall be provided to the city clerk-treasurer in writing.

(Ord. No. 01-2008, § 32.05, 9-16-2008)

No permit under this article shall be issued to an applicant who is a natural person; general or managing partner of a partnership; or manager, proprietor, or agent of a corporation or other organization if such applicant:

(1)

Is a minor at the time the application is filed.

(2)

Has been convicted of any crime directly related to the occupation licensed as prescribed by Minn. Stats. § 364.03, subd. 2, and has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of the licensed occupation as prescribed by Minn. Stats. § 364.033.

(3)

Is overdue or whose spouse is overdue in his or her payment of city, county or state taxes, fees, fines, or penalties assessed against them or imposed upon them.

(4)

Has been denied a license by the city or any other Minnesota municipal corporation to operate a tattoo and/or body piercing establishment or whose license has been suspended or revoked within the preceeding 12 months, or who is residing with any such person.

(5)

Hhas not paid the license and investigation fees required by section 117-1559.

(Ord. No. 01-2008, § 32.08, 9-16-2008)

(a)

No establishment permit shall be granted or renewed for operation on any property on which taxes, assessments, or other financial claims of the state, county, school district, or city are due, delinquent, or unpaid. In the event a suit has been commenced under Minn. Stats. §§ 278.0—278.03, questioning the amount or validity of taxes, the city council may on application waive strict compliance with this provision; no waiver may be granted, however, for taxes or any portion thereof which remain unpaid for a period exceeding one year after becoming due.

(b)

No establishment permit shall be granted or renewed if the property is not properly zoned or does not qualify as a legal nonconforming use for tattooing and/or body piercing establishments.

(c)

Premises licensed for alcoholic beverages. No establishment permit shall be granted or renewed if the premises is licensed for the furnishing of alcoholic beverages or is an adult establishment pursuant to article XX of this chapter.

(d)

No establishment permit shall be granted if the premises is within 300 feet, or within the same building as, or on the same legally subdivided lot, piece, or parcel of land as any of the following uses: a church, school, day care center, hospital, on-sale liquor establishment, halfway house, currency exchange operation, theater, residence, pawnshop, second-hand goods dealer, massage parlor, sauna, or another tattoo or body piercing establishment.

(Ord. No. 01-2008, § 32.09, 9-16-2008)

Every establishment permit shall be granted subject to the following conditions and all other provisions of this article and of any applicable sections of this Code, the city zoning ordinances, the building code, the fire code, and the city's and state's health ordinance.

(1)

No person shall tattoo or pierce any person under the age of 18 except in the presence of, and with the written permission of, the parent or legal guardian of such minor. The consent must include both the custodial and noncustodial parents, where applicable. Any person licensed under this article shall conspicuously post a sign in the establishment that a person under the age of 18 years is prohibited without the presence of and written permission of the parent or legal guardian. Appropriate identification of the parent or guardian and minor shall be provided.

(2)

A conditional use permit granted by the city and an establishment permit granted by the county are for the owner and the premises or operator named on the approved permits. No transfer of a conditional use permit or establishment permit shall be permitted from place to place or from person to person without first complying with the requirements of an original application, except in the case in which an existing noncorporate license is incorporated and incorporation does not affect the ownership, control and interest of the existing licensed establishment.

(3)

All establishments shall have the establishment permit posted in a conspicuous place at all times.

(4)

A conditional use permit as required under this article shall require such establishment not open for business for tattooing and/or body piercing before 8:00 a.m. or remain open for business after 8:00 p.m.

(5)

The tattoo and/or body piercing establishment permit is only effective for the compact and contiguous space specified in the approved application. If the licensed premises are enlarged, altered, or extended, the licensee shall inform the issuing authority. No person shall engage in the practice of tattooing and/or body piercing at any place other than the place or location named or described in the application and license. A separate room shall be required for body piercing and tattooing services. The applicant shall submit a drawing to scale of the tattooing and/or body piercing facilities.

(6)

No person shall solicit business or offer to perform tattooing and/or body piercing services while under permit suspension or revocation by the city or county.

(7)

The permittee shall be responsible for the conduct of the business being operated and shall at all times maintain conditions of order.

(8)

The permitee shall provide to the issuing authority a list of operators who perform tattooing and/or body piercing at the licensed establishment and shall verify that each operator has received a certificate of registration from the county.

(9)

All permitees shall have at all times a valid certificate of insurance issued by an insurance company licensed to do business in the state indicating that the permitee is currently covered in the tattoo and/or body piercing business by a liability insurance policy. The minimum limits of coverage for such insurance shall be:

a.

Each claim, at least $200,000.00.

b.

Each group of claims, at least $500,000.00.

c.

Such insurance shall be kept in force during the term of the license and shall provide for notification to the city prior to termination or cancellation. A certificate of insurance shall be filed with the city.

(Ord. No. 01-2008, § 32.10, 9-16-2008)