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HomeMy WebLinkAbout2002-11 Regulation of Body Art EDINA ORDINANCE NO. 2002-11 A Ordinance Adding New Section 745 - Body Art Establishments THE CITY COUNCIL OF THE CITY OF EDINA ORDAINS: Section 1. The following new section 745 is added in its entirety. "Section 745 - Body Art Establishments 745.01 Purpose. This ordinance is enacted to establish standards to protect health, safety and general welfare of the people of Edina through regulation of body art establishments. The general objectives of this ordinance are: A. To prevent disease transmission; B. To correct and prevent conditions that may adversely affect persons utilizing body art establishments; C. To provide standards for the design, construction, operation, and maintenance of body art establishments; and D. To meet consumer expectations of the safety of body art establishments. 745.02 General Provisions. Subd. 1. Scope. This ordinance shall apply to all individuals performing body art procedures and all body art establishments where tattooing and body piercing are conducted. Subd. 2. Exemptions. Licensed medical or dental personnel that tattoo or pierce as part of a medical or dental procedure are exempt from this ordinance. Also, individuals piercing only the lobe of the ear using a pre-sterilized single use ear-piercing system with the stud and clasp contained in a single use cartridge or cassette following the manufacturers instructions are exempt from this ordinance's license requirements. Subd. 3. Prohibitions. No individual shall: A. Conduct branding, cutting, implantation, suspension, or scarification of another individual; B. Use an ear piercing system on any part of the client's body other than the lobe of the ear. C. Pierce or tattoo the genitalia or nipples of a minor; D. Practice tattooing or piercing while under the influence of alcohol, controlled substances as defined in Minnesota Statutes, section 152.01, subd. 4, or hazardous substances as defined in the rules adopted under Minnesota Statutes, Chapter 182; or E. Operate a body art establishment or perform body art procedures as described in this ordinance without a license. Ordinance No. 2002-11 Page 2 745.03 Definitions. Aftercare means written instructions given to the client, specific to the procedure(s) rendered, on caring for the body art and surrounding area. These instructions shall include information on when to seek medical treatment. Antiseptic means an agent that destroys disease-causing microorganisms on human skin or mucosa. Body Art means physical body adornment using, but not limited to, the following techniques: body piercing, tattooing, and cosmetic tattooing. This definition does not include practices that are considered part of a medical procedure performed by licensed medical or dental personnel, such as, but not limited to, implants under the skin. Such medical procedures shall not be performed in a body art establishment. Body Art Establishment means any place or premise, whether public or private, temporary or permanent in nature or location, where the practices of body art, whether or not for profit, are performed. Body Piercing means the penetration or puncturing of human skin by any method, for the purpose of inserting jewelry or other objects, in or through the human body. "Body Piercing" shall not refer to any medical procedure performed by licensed medical or dental personnel. Also, "Body Piercing" shall not refer to the puncturing of the lobe of the ear using a pre-sterilized ear-piercing system with the stud and clasp contained in a single use cartridge or cassette following the manufacturers instructions. Body Scarification or Scarring shall mean any method of applying a scar to the body for the purpose of creating a permanent mark or design on the skin. Branding shall mean any method using heat, cold, or any chemical compound to apply a scar to the body for the purpose of creating a permanent mark or design on the skin. Contaminated Waste means any liquid or semi-liquid blood or other potentially infectious materials; contaminated items that would release blood or other potentially infectious materials in a liquid or semi-liquid state if compressed; items that are caked with dried blood or other potentially infectious materials and are capable of releasing these materials during handling; sharps and any wastes containing blood and other potentially infectious materials, as defined in Code 29 of Federal Regulations Part 1910.1030, known as "Occupational Exposure to Bloodborne Pathogens." Cosmetic Tattooing. See definition of tattooing. Cutting means the practice of cutting the skin, mucosa or part of the body to create a permanent scar or division of tissue for the purpose of body art. "Cutting" shall not refer to any medical procedure performed by licensed medical or dental personnel. Disinfection means the destruction of disease-causing microorganisms on inanimate objects or surfaces, thereby rendering the objects safe for use or handling. Ear Piercing System means an instrument designed to puncture the ear lobe using a presterilized single use stud and clasp earring. Ordinance No. 2002-11 Page 3 Equipment means all machinery, including fixtures, containers, vessels, tools, devices, implements, furniture, display and storage areas, sinks, and all other apparatus and appurtenances used in the operation of a body art establishment. Establishment Plan means a to-scale drawing of the establishment's layout illustrating the requirements of this ordinance. Handsink means a lavatory equipped with hot and cold water held under pressure, used solely for washing hands, wrists, arms or other portions of the body. Health Department means the Edina Health Department, its designated employees, or other designated agents. Hot Water means water at least 110°F. Implanting means to fix or set securely an object in or under tissue and includes, but is not limited to, 3-dimensional body art applications. Implanting does not include medical procedures performed by licensed medical and dental personnel. Individual means a human being. Jewelry means any personal ornament inserted into a newly pierced area. Liquid Chemical Germicide means a disinfectant or sanitizer registered with the Environmental Protection Agency. Operator or Technician means any individual who controls, operates, manages, conducts or practices body art activities at a body art establishment and who is responsible for compliance with these regulations, whether actually performing body art activities or not. The term includes technicians who work under the direction of the operator and perform body art activities. Person means any individual, partnership, corporation, or association. Procedure means body art as defined in this Section. Procedure Area means the physical space or room used solely for conducting body art procedures. Procedure Surface means the surface area of furniture or accessories that may come into contact with the client's clothed or unclothed body during a body art procedure. "Procedure Surface" also means the area of the client's skin where the body art procedure is to be performed and the surrounding area, or any other associated work area requiring sanitizing. Remodel means any change to the current establishment requiring either a building or trades permit for the work to proceed. "Remodel" does not include changes to the front desk area, waiting area, painting, wallpapering, or carpeting, even if a permit is otherwise required. Adding a new workstation, plumbing changes, or expanding into an adjacent space to add workstations are examples of remodeling. "Remodeling" also means any changes to an establishment plan previously submitted to the Edina Health Department. Sanitization (or to sanitize) means a process of reducing the numbers of microorganisms on clean surfaces and equipment to a safe level. Ordinance No. 2002-11 Page 4 Safe Level means not more than 50 colonies of microorganisms per 4 square inches of equipment or procedure surface. Sharps means any object (sterile or contaminated) that may purposefully or accidentally, cut or penetrate the skin or mucosa including, but not limited to, pre-sterilized single use needles, scalpel blades, and razor blades. Sharps Container means a puncture-resistant, leak-proof container that is closed for handling, storage, transportation and disposal. The "Sharps Container" shall be labeled with the international biohazard symbol. Single Use means products or items intended for one time use and are disposed of after use on each client. Examples of "Single Use" items include cotton swabs or balls, tissues or paper products, paper or plastic cups, gauze and sanitary coverings, razors, piercing needles, tattoo needles, stencils, ink cups, and protective gloves. Standard Precautions (or "universal precautions") means a set of guidelines and controls, published by the Center for Disease Control (CDC) as "Guidelines for Prevention of Transmission of Human Immunodeficiency Virus and Hepatitis B Virus to Health-care and Public-Safety Workers". This method of infection control requires the employer and the employee to assume that all human blood and specified human body fluids are infectious for HIV, HVB and other blood pathogens. Precautions include handwashing, gloving, personal protective equipment, injury prevention, and proper handling and disposal of needles, other sharp instruments, and blood and body fluid contaminated products. Sterilization means a process resulting in the destruction of all forms of microbial life, including highly resistant bacterial spores. Suspension means the piercing of human tissue with large gauge fishing hooks or other piercing apparatus to raise or lower an individual with pulleys or other apparatus. Tattooing means any method of placing ink or other pigments into or under the skin or mucosa with needles or any other instruments used to puncture the skin, resulting in permanent coloration of the skin or mucosa. This includes all forms of cosmetic tattooing. 745.04 License Administration. Subd. 1. License Required. No person shall own or operate a body art establishment without an establishment license. Each license shall be obtained from the City Clerk pursuant to Section 160 of this Code. Subd. 2. Licensing Procedure. A. All applications, new and renewal, for licenses shall be made upon forms furnished by the City Clerk. The application shall be submitted to the City Clerk accompanied by a fee as set forth in Section 185 of this Code. B. Each establishment license application shall describe the general nature of the business, the location, and any other information deemed necessary by the Health Department. Subd. 3. Location Restricted. No individual shall engage in body art activities at any place other than a licensed establishment. Ordinance No. 2002-11 Page 5 Subd. 4. License Expiration. Licenses issued pursuant to this code shall commence and expire on the dates indicated on the license. Subd. 5. Transfer and Display of License. Only a person who complies with the requirements of this ordinance shall be entitled to receive a license. A license shall not be transferable as to person or place. A valid license shall be posted pursuant to Section 160 of this Code. 745.05 Inspection and Plan Review. Subd. 1. Inspection Required. The Health Department shall inspect each body art establishment: A. Before issuing a license for a new establishment; B. As part of a construction or remodeling plan review; C. As part of a complaint investigation; or D. At least once a year for a routine inspection. Subd. 2. Construction Inspections. The body art establishment shall be constructed in conformance with the approved plans. The Health Department shall inspect the body art establishment as frequently as necessary during the construction to ensure that the construction occurs in conformance with this ordinance. The Health Department shall conduct a final construction inspection prior to the start of operations and issuance of a license. Subd. 3. Access to Premises and Records. The operator of the body art establishment shall, upon request of the Health Department and after proper identification, permit access to all parts of the establishment at any reasonable time, for the purpose of inspection. The operator shall allow review of any records necessary for the Health Department to ascertain compliance to this ordinance. Subd. 4. Interference with the Health Department. No person shall interfere with or hinder the Health Inspector in the performance of its duties, or refuse to permit the Health Department to make such inspections. Subd. 5. Removal and Correction of Violations. Operator(s) or technician(s) shall correct or remove each violation upon receipt of an inspection report giving notification of one or more violations of this ordinance in a reasonable length of time as determined by the Health Department. The length of time for the correction or removal of each such violation shall be noted on the inspection report. Failure to remove or correct each violation within the time period noted on the inspection report shall constitute a separate violation of this ordinance. The Health Department may issue orders to halt construction or remodeling, or to take corrective measures to ensure compliance with this ordinance. 745.06 Grounds for Closure. Subd. 1. Violations. If any violation of this Code exist, the operator(s) or technician(s) may be ordered to discontinue all operations of the body art establishment. Body art establishments shall only reopen with permission from the Health Department. Ordinance No. 2002-11 Page 6 745.07 Standards for Health and Safety. No operator or body art establishment shall engage in body art activities without complying with the following regulations: Subd. 1. Facilities. A. Any new or remodeled establishment shall submit to the Health Department a to-scale establishment plan in sufficient detail to ascertain compliance with conditions in this ordinance. B. There shall be no less than one hundred fifty (150) square feet of floor space for each procedure area. The procedure area(s) must be separated from the bathroom, retail sales area, hair salon area, or any other area that may cause potential contamination of work surfaces. For clients requesting privacy, dividers, curtains, or partitions at a minimum shall separate multiple procedure areas. C. Each establishment shall have a readily accessible handsink that is not in a public restroom and is equipped with: (1) Hot and cold running water under pressure; (2) No touch faucet controls such as wrist or foot operated; (3) Liquid hand soap; (4) Single use paper towels; and (5) A garbage can. D. Every establishment shall have at least one available bathroom equipped with a toilet and a hand lavatory. The hand lavatory shall be supplied with: (1) Hot and cold running water under pressure; (2) Liquid hand soap; (3) Single use paper towels or mechanical hand drier/blower; (4) A garbage can; (5) A door that closes; and (6) Adequate ventilation. E. The establishment shall have an artificial light source equivalent to 20 foot-candles at three feet above the floor. At least 100 foot-candles of light shall be provided at the level where body art procedures are performed, where sterilization takes place, and where instruments and sharps are assembled. F. All procedure surfaces shall be smooth, nonabsorbent and easily cleanable. G. All ceilings shall be in good condition. H. All walls and floors shall be free of open holes or cracks and washable. Ordinance No. 2002-11 Page 7 I. All facilities shall be maintained in good working order. J. All facilities shall be maintained in a clean and sanitary condition. K. No establishment shall be used or occupied for living or sleeping quarters. L. Only service animals may be allowed in the establishment. No animals shall be allowed in the procedure area(s). M. Effective measures shall be taken by the operator to prevent entrance, breeding, and harborage of insects, vermin, and rodents in the establishment. Subd. 2. Equipment and Instruments. A. All jewelry used as part of a piercing procedure shall be sterilized before use. All reusable instruments shall be thoroughly washed to remove all organic matter, rinsed, and sterilized before and after use. All needles shall be sterilized single use needles. All sterilization shall be conducted using steam heat. Steam heat sterilization units shall be operated according to the manufacturer's specifications. B. Jewelry must be made of surgical implant grade stainless steel, solid 14k or 18k white or yellow gold, niobium, titanium or platinum, and/or a dense low-porosity plastic. Jewelry must be free of nicks, scratches or irregular surfaces and must be properly sterilized prior to use. C. All inks, dyes, and other pigments shall be specifically manufactured for tattoo procedures. The mixing of approved inks, dyes, or pigments, or their dilution with distilled water or alcohol is acceptable. D. Immediately before applying a tattoo, the quantity of the dye used shall be transferred from the dye bottle and placed into single use paper or plastic cups. Upon completion of the tattoo, these single use cups and their contents shall be discarded. E. All tables, chairs, furniture or other procedure surfaces that may be exposed to blood or body fluids during the tattooing or piercing procedure shall be constructed of stainless steel, or other suitable material that will allow complete sanitization, and shall be sanitized between uses with a liquid chemical germicide. F. Single use towels or wipes shall be provided to the client. These towels shall be dispensed in a manner that precludes contamination and disposed of in a cleanable garbage container with a liner. G. All bandages and surgical dressings used shall be sterile or bulk-packaged clean and stored in a clean, closed container. All instruments and supplies shall be stored clean and dry in covered containers. H. All equipment and instruments shall be maintained in a good working order and in a clean and sanitary condition. Subd. 3. Skin Preparation. A. Whenever it is necessary to shave the skin, a new disposable razor must be used for each client. Ordinance No. 2002-11 Page 8 B. The skin area subject to a body art procedure must be thoroughly cleaned with soap and water, rinsed thoroughly, and swabbed with an antiseptic solution. Only single use towels or wipes shall be used in the skin cleaning process. C. No body art procedure shall be performed on any area of the skin where there is an evident infection, irritation, or open wound. Subd. 4. Hand Washing and Hygiene. A. Each technician shall scrub his or her hands and wrists thoroughly for 20 seconds before and after performing a body art procedure. B. Technicians with skin infections of the hand shall not perform body art procedures. C. The technician must wash his or her hands after contact with the client receiving the procedure or after contact with potentially contaminated articles. D. Technicians shall wear clean clothing and use a disposable barrier such as a lap cloth when performing body art procedures. E. For each client, single use disposable barriers shall be provided on all equipment used as part of the procedure that cannot be sterilized according to 745.07. Subd. 2. A. Examples may include, but not limited to spray bottles, procedure light fixture handles, and tattoo machines. F. Technicians shall not smoke, eat, or drink while performing body art procedures. 745.08 Glove Use. Subd. 1. While performing body art procedures, single use gloves of adequate size and quality as to preserve dexterity shall be used for touching clients, for handling sterile instruments, or for handling blood or body fluids. Gloves must be changed if: A. They become damaged; B. They come in contact with any non-clean surface or objects; or C. They come in contact with a third person. Subd. 2. At a minimum, gloves shall be discarded after the completion of a procedure on a client. Subd. 3. Hands and wrists must be washed before putting on a clean pair of gloves and after removing a pair of gloves. Gloves shall not be reused. 745.09. Disposal of Contaminated Products. Subd. 1. Contaminated waste that may release liquid blood or body fluids when compressed or that may release dried blood or body fluids when handled, must be placed in an approved "red" bag that is marked with the international biohazard symbol. It must be disposed of by a licensed waste hauler at an approved site, or at a minimum, in accordance with the requirements contained in 29 CFR Part 1910.1030, Occupational Exposure to Bloodborne Pathogens. Ordinance No. 2002-11 Page 9 Subd. 2. Contaminated waste that does not release liquid blood or body fluids when compressed or handled may be placed in a covered receptacle and disposed of through normal, approved disposal methods. Subd. 3. Sharps ready for disposal shall be disposed of in an approved sharps container. Subd. 4. Storage of contaminated waste on-site shall not exceed the period specified by 29 CFR Part 1910.1030, Occupational Exposure to Bloodborne Pathogens. 745.10. Technician Requirements and Professional Standards. Subd. 1. Technician Information. The following information shall be kept on file for two years on the premises and available for inspection by the Health Department for each technician: A. Full name; B. Home address; C. Home phone number; D. Date of birth; E. Identification photo, and; F. Exact duties. Subd. 2. Operation Records. The following information shall be kept on file for two years on the premises and available for inspection by the Health Department: A. A description of all body art procedures performed; B. An inventory of instruments, body jewelry, sharps, and inks or pigments used for all procedures including the names of manufacturers, serial and lot numbers. Invoices or orders shall satisfy this requirement; and C. A copy of this ordinance shall be available at all times on premises. Subd. 3. Parental Consent. No technician shall tattoo or pierce any person under the age of 18 years unless the person provides written consent from both the custodial and noncustodial parents where applicable, if required by M. S. 609.2246, and the written consent from a custodial parent given by the parent in person at the establishment. Subd. 4. Proof of Age. Technicians shall request proof of age prior to performing procedures on any client. Proof of age is established by one of the following: A. A valid driver's license or identification card issued by the State of Minnesota, or other state, and including the photograph and date of birth of the person; B. A valid military identification card issued by the United States Department of Defense; C. A valid passport; or Ordinance No. 2002-11 Page 10 D. A resident alien card. Subd. 5. Client Records. In order to aid in proper healing following the procedure, the technician shall provide a release form to the client and the client may indicate if he or she has: A. Diabetes; B. A history of hemophilia; C. A history of skin diseases, skin lesions, or skin sensitivities to soap, disinfectants, etc.; D. A history of allergies to metals; E. A history of epilepsy, seizures, fainting or narcolepsy; F. A condition where the client takes medications, such as anticoagulants, that thin the blood and/or interferes with blood clotting; or G. Any other information that would aid the technician in body art procedure process evaluation. Subd. 6. Release and Consent. A. The technician shall ask the client to sign and date the release form confirming that the information listed in 745.10. Subd. 5. was obtained or was attempted to be obtained. B. Before administering a body art procedure, the client must sign and date a consent form. The consent form shall disclose: (1) That any tattoo should be considered permanent; it may only be removed with a surgical procedure; and any effective removal may leave scarring; or (2) That any piercing may leave scarring. Subd. 7. Grounds to Refuse Service. Body art procedures shall not be performed on any individual who appears to be under the influence of alcohol; controlled substances as defined in Minnesota Statutes, Section 152.01, subd. 4; or hazardous substances as defined in rules adopted under Minnesota Statutes, Chapter 182. Subd. 8. Client Record Maintenance. The body art establishment operator shall maintain proper records for each client. The records of the procedure shall be kept for two years and shall be available for inspection by the Health Department upon request. The records shall include the following: A. The date of the procedure; B. Record of information on picture identification showing name, age, and current address of the client; C. Copy of the release form signed and dated by the client; D. The nature of the body art procedure performed; Ordinance No. 2002-11 Page 11 E. The name of the technician performing the procedure; F. A copy of the consent form to perform the body art procedure on a minor with required signatures as defined in 745.10. Subd. 3., if applicable. Subd. 9. Aftercare. Technicians shall provide each client with printed instructions on recommended care of the body art during the healing process. Subd. 10. Notification. Operators and technicians shall notify the Health Department immediately of any reports they receive of a potential bloodborne pathogen transmission. Subd. 11. Industry Self-Survey and Training Responsibility. Every licensee of a body art establishment shall arrange for and maintain a program of sanitation self-inspection conducted by the owner, operator, technician, or apprentice and approved by the Health Department. The self-inspection program shall include written policies, appropriate forms for logging self- inspections, and evidence that routine self-inspection of all aspects of the body art establishment takes place. Records of the body art establishment self-inspection program shall be available for review." Section 2. This ordinance shall be in full force and effect on July 1, 2003. Adopted this 4th day of February 2003. First Reading: December 17, 2002 Second Reading: March 4, 2003 Published: March 13, 2003 Attest City Cler May6r Subd.4.Proof of Age.Technicians shall request proof of age prior to performing procedures on any client. Proof of age is estAlished by one of the following: v A.A valid driver's license or identification card issued by the State of Minnesota,or other state,and including the newspapers photograph and date of birth of the person; AFFIDAVIT OF PUBLICATION B States Department ntofDefenncardiganeabytheunit- ed States De artment of Defense; C.A valid passport;or STATE OF MINNESOTA) D.A resident alien card. Ss. Subd.5.Client Records.In order to aid in proper healing following the procedure,the technician shall provide a re- COU COUNTY O F H E N N E P I N) lease form to the client and the client may indicate if he or she has: t Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief A.Diabetes; Financial Officer of the newspaper known as Sun-Current and has full B•Ahistory ofhemophilia; C.A history of skin diseases,skin lesions,or skin sensi- knowledge of the facts stated below: tivities to soap,disinfectants,etc.; (A) The newspaper has complied with all of the requirements constituting qualification as a D.A history of allergies to metals; E.A history of epilepsy,seizures,fainting.or narcolepsy; qualified newspaper, as provided by Minn. Stat. §331A.02, §331A.07, and other applicable F.A condition where the client takes medications,such as laws, as amended. anticoagulants,that thin the blood and/or interferes with blood clotting;or (B)The printed public notice that is attached was published in the newspaper once each week, G.Any other information that would aid the technician in body art procedure process evaluation. for one successive weeks; it was first published on Thursday, the 20 day of Subd.6.Release and Consent. A.The technician shall ask the client to sign and date the March 2003, and was thereafter printed and published on every Thursday to and release form confirming that the information listed in 745.10.Subd.S.was obtained or was attempted to be ob- including Thursday,the day of 2003;and printed below is a copy of the tained. B.Before administering a body art procedure,the client lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the must sign and date a consent form.The consent form shall disclose: size and kind of type used in the composition andpubli a notice: (1)That any tattoo should be considered permanent;it may only be removed with a surgical procedure;and any 0', effective removal may leave scarring;or abedefghijklmnopgrstu (2)That any piercing may leave scarring. BY: Subd.7.Grounds to Refuse Service. Body art.procedures shall not be performed on any individual who appears to CFO be under the influence of alcohol;controlled substances as defined in Minnesota Statutes,Section 152.01,subd.4;or hazardous substances as defined in rules adopted under Minnesota Statutes,Chapter 182. Subd.8.Client Record Maintenance. The body art estab- Subscribed and sworn to or affirm e7, 2003. efore me lishment operator shall maintain proper records for each client. The records of the procedure shall be kept for two on this�� day of l�� years and shall be available for inspection by the Health Department upon request. The records shall include the _I following: I A-I' JL C�_ j A.The date of the procedure; I B.Record of information on picture identification showing NOt ry name,age,and current address of the client; j F 1�1 Ei_lyl HEG hO C.Copy of the release form signed and dated by the client; r ° \9YK8I 611NNEJOTA K D.The nature of the body art procedure performed; V, . .�XAI5SION EW—,iES 1.31.2005 X VVVWVW A W^�� ^^^AA 'V n E.The name of the technician performing the procedure; F N—1,y of the consent form to perform the body art pro- RATE INFORMATION cedure on a minor with required signatures as defined in 745.10.Subd.3.,if applicable. I (1)Lowest classified rate paid by commercial users $ 2.85 per line Subd.s.Aftercare. Technicians shall provide each client' with printed instructions on recommended care of the for comparable space body art during the healing process. i Subd. 10.Notification. Operators and technicians shall!: (2) Maximum rate allowed by law $ 6.20 per line notify the Health Department immediately of any reports I they receive of a potential bloodborne pathogen transmis-I sion. (3) Rate actually charged , $ 1.40 per line Subd.11.Industry Self-Survey and Training Responsibil- ity. Every licensee of a body art establishment shall arrange for and maintain a program of sanitation self-in- spection conducted by the owner,operator,technician,or apprentice and approved by the Health Department. The self-inspection program shall include written policies,ap- propriate.forms for logging self-inspections,and evidence that routine self-inspection of all aspects of the body art establishment takes place. Records of the body art estab- lishment self-inspection program shall be available for re- view." Section 2. This ordinance shall be in full force and effect on July 1,2003. Adopted this 4th day of February 2003. I 1 First Reading: December 17,2002 Subd.4.Proof of Age.Trchnrciane shell re t f of NEPIN COUNTY,MINNESOTA,ORDAINS: shell,after passage of a reasonable period of time toll-- granted to the Company or its preikce,epre. Upon age prior to performin q°Bs Prce Wit thedemandION& ,butaotf exceed five days,have the right Company aceeptance ofthiofranchieJ ender 5€Li°n 2.2, age is established li gprocedurea on any client.Proof—'Of SECTION 1.:DEF[M Ordinance, f make the reefratim of the Public Ground et the ex- the previous franchise f tt terminate. y Me of the following: For purposes of this Oidinanre,the foBowivg capitelixed pease ofCompany.Company'ehall pay m the City the coat A.A valid driver's license or identification card iaeued b fry tiered in alphabetic,]order shall have the following .......rk done for m performed by the City.Thio rem. Paeead and approved on Febrnary IB,2003 the State of Mianesota;or other state,and includmg the m°aremge, dy shefie in addition to any otbar remedy-ml.ble to photograph end date ofbirtti of the the City for noncompliance with thio Section.pereon; City The City of Edina,CoputyofHemepin,State of Min- First Reading February 0 2003 - °e°Of- 3.3;Waiver o[Perforiaance Security. The City hereb pnylrahed8d'ng' March 4,2003 B.A valid mflimry identificetien card issued by Ne Unf4 Y Marsh 20,2003 ad Stelae Department of Dafwce; City Utility System.Facilities used for providin wmvee my, for Company postta costruc- tility service owned or operated Ci a Pubtie Gov performance bend,certificete of ill—,letter of Attest C.A valid passport or f,ivcludia Pere 'by ty or agency there- dit or any other form of security er ass°rano that may Debra A.Menge, R htiv g sewer,efrm eeweq water a°..ice;street -be required under Section 421 of lire CitY"Code currently City Clerk D.A resident alien card. i 8 sand Ga(fic aignele;bat excluding facilities for pro- or in the future.The City reseryes ell other hta under riding heating;fighting;ar aEhm forme of energy Section 421 of the Ci Coda to eN0con Comte rfor- Dennie F.Maetmld Y pant pe Solid.5.Client liecorde.In order m aid in proper healing Commission.'The Mmnesote Public Utilities Commissom, Gro—MIN UBmente for work on the public Way or Public Mayor lease the procedure,the technician shall provide a re- y°uccaeeor agency or agencies,inaudhng an agency (Mer 20,2003)Dl/2003-2 �eaee form m the client and the client may indicate ifhe or °f the federal government,which preempts ell or pert of 3.4.Avoid Damage to Gas Facilities:'Nothing in this Or- .Di.b the authority Public gulatiesCretail rates now veated in the dfnance relieve,eaypereonfrom fiebility erieingout ofthe A.Diabetes; Mime,nla Public Utilities C°mmieaioa £ailuro f exercise reeeonable care f avoid dem..givg Gee City of Edina Compan.CeaterPoiat Eaer Mim Facilities while performing any activity. B.A history Y gy eg°ece,a division of ry of hemophilia; Reliant Energy Resources Co (Official PubHV rp0retion,a Delaware cerpo- BE 4.RELOCATIONS. CITY OF EDINA C.A In tory of side diseases,-kin lasio retia,,its that ownre and assigns including ail aucoe.som 4.1.Relocation of Ga°FecRRi a.Relocation of Gee Fecili- 4001 W.50TH STRE@T ria,or akin eeaef- rgm that awe or operete any part or Perla of the Goa ties m Public Weye shall be subject to SecGen 421 of the EDDVA,IIHNNESOTA 66424 tivitiea m soap,dieiMecianm,ate.; Facilities subject f this frevchiee. City Code.City may require Company et Compare ompanADVERTIBEIt1ENTFOR HIDB D.A history of allergies te metal.; pence to relocate or remove its Ga,Facilities from Public 400kW Portable pbwer Generator - gi E active Date.The date on which the ordinance becomes Gromd-upon a finding by City that the Gas Facilities Bids Cloae-APrd19,2009,IL00 a.m. E.A histo effective order Section 2.2. have become or will become a eubetevtiel impairment to history of epilepeY eeizura.,feinting or narcolepsy; the ed.ting or proposed public use of the Ground..Relo- SEALED BIDS will be received and opened to the Council Gee Facilities.Gee transmission end distribution pipes, ceaon Gas Fljchlities iv Public Ground shell no with Chamber.,Edina City Hell,4801 W.60th Street at 11:00 F.A condition where the client Edea medicatime;each e- linea,ducts;0xturee;and ellneceeeery equipment and ep applicable City ordi,anrea consistent with law. .m.April 9,2003,and the Edina.City Council will meet tiroagulanm,that thio lire blood and/or ireterferee with Purnmeneas owned or operated by th Company f the at 7:00 p.m.,A99ril 16,2003,at the Edina City Haft f con- hlood dotting;or purpose ofproviding gee energy for public or private use. 4.2.Prefects with Federal Funding.Relocation,removal, eider bide for the following:. G.Any other information that would aid the technician in :Gee.Natural gee,manufactured gee,mixture of natural or rearrangement of any Company Ga.Facilities made body art Procedure process evaluation. em and manufactured gee or other forme of gee energy. n .7 beceuce ofthe extension into or through City of 400kW Portable Power Cenerefr Non-Betterment Costs.Cost.incurred Com afederally-aided highway project shall governed by Ehe Subd.8.Release and Concert. by pa,Y from provf.ione of Mimeaota Statutes Section 181.46. Bide.hell be m a sealed envelope with a statement thare- rhat do on,removal or rearrangement of Gas Facilities showing the items covered by Gia bid.Bid.should tie A.The technician shall ask the client to sign and is date the that do not result in an improvement f the Gas Facilities, 4.3.No Waiver.The provisions of Section 4 apply only to on W the City Clark,City of Edina,4801 W.60th releeee form confirming that the infbrmetioa'listed m Gas FeMtie.conatrnctedm reliance on a permit or fran- Street,Edina,MN 664TH,and may be moiled m emmit- 746.10.Subd.5.was obtained or wee attempted f be ob- Notice..A writing aerv¢d by any party or parties on soy this.from City and Company dose not waive its rights ted Personally f the City Clerk.Bide received by the City rained. other party or perGee.Notice f Company.hell be mailed under en easement or prescriptive tight or State or Coun- Clerk,eiNer through the mail or by personal aubmieeion, to CenterPoint Energy Mimageaco,V.P.,Regulatory& ty permit. after the time set for receiving them may be returned m- B.Before admiNsterin t a body art procedure,the client Supply Service,000 La3ella Avenue,Minneapolis,MN opened. con't sign and date aromentform.Tha=. cev .form.bali 55402-2006.Notice m the City,hall be mailed m the City SECTION 6.CHANGE IN FORM OF GOVERNMENT. d eaoee: Manage,City of Edina,4801 West 60th 3 set Ed ria, Anyd sage n theformofgovemmentofthe Cityehallnot Bids moat be m rodormance with-peaficetione,wh h f ll That any rattan should be considered permanent it Mimeeota 65424.Any party may change its re-pective eft ct the validity of this Ordinance.Any gover,mental are ailable et Edina City Hell.No bids will be consid- mey only be removed with a surgical procedure;and any ties toaddresst for the purpose of thio Ordinance by written no- uniteucceeding the City all,withoutthe ron...t ofCom- ed rile..sealed and see to by a cash deposit,bid effective removal may leave scarring;or lice to the other parties. Pany,succeed m aB ofthe ri"and obbgathons ofthe City bend or rectified check payable m the City of.it iv the (2)That an provided in this Ordinance, amount of at leder ten(30%) ce t of amount of net bid. My piercing may leave scarring. Public Wa.Public ri hoof-wa �r Y g ywithin the City as defined No bidder meywithdraw hie hid withinforty-five(95) days Solid.7.Grounds f Refire.Service.Boil rt 1°M'°°,Stet.§237.162,aubd.3. SECTION 6.FRANCHISE FEE. - aYsv scheduled time of opening bide without the consent _. shell not be rformed on an y e procedures 6.1 Separate Ordinance.During the term of the franchise ofthe City. pe y individual who eppe-a to Public Ground.Land owned m otherwise controlled by the hereby granted, ty may impose on the Company a be under the iM eeonce o"a:hc',controlled substances ae City for park,open apace or similar public purpose. franchise fee.I.=..m the franclus.tee,the Com The City Council yeas—.the right m ject an defined in Mum to Statutes,Section 162.01,aubd.4;ory or allbids. hazardous substances as defined in rule,adopted under SECTION 2.ADOPTION OF FRANCHISE. ny shall be requmed m pay only such other fees,charges, - Minnesota Statutes,Chapter 182, c to or taxes,which are generally required m be paid by BY ORDER OF THE EDINA CITY COUNCIL. P a.l.Grant of Franchise.City hereby greets Company,for other r-h.asees or persons f the city The franchise f Debra Mangan Solid.e.Client Record Maintenance.The bed PedN of 20 years from the Eti Gve Dete,the right m ,t be imposed by a separate ordinance adopted by the City Clerk liahment operafr shall maintain Y art eeteb- import,manufacture,distribute andel]gas for poetic and City Council,which ordinance may not be adopted anti]et proper records for each private ace within and through the fimm of the City as its least 60'eye°Rey Notice enclosing each proposed ordi- (March 13,20,&27,2003)OUGeneremr client The records of the proredure shell be kept for two Mundane-,nwexiet orae theymay bs a dNin that- nanehae been served up on the Gompany by certified years pa and shell be available for inspection by the Health tore.This right includes the provision of Gas that 1,(i) ail.A faa impneea P.aer tele.arum d-ea,at,aroma ec City of Edlria Department upon request.The records shall include the m ufactured by the Company or its affiliates and deliv- tacrine until 60 days atter Notice enclosing the adopted or following: ed by the Company,(fi)purchased and delivered by the dinance has been served upon the Company by certified Company or(iii)purchased from another source by the re- mail. (OfficidPublication) A.The date of the procedure; tail cu-tomer and delivered by this Company. For these CITY OF EDINA purposes,C°mpany.may cer,rect operate,repair and 6.2 Condition of Fee The separate ordinance ho 4801 4801 W.50TH STREET B.Record ofnformation m picture idantification showing -a- Ga.Facilities in,.on;eve,under end°eros-the the fee shall not W efixtive against the Company Poles. IdENNEPIN COUNTY,MNBVEBOTA name,age,end current address of the client; Public Ways andPubfic Grounds,eubj 110 the provisions it lawfully impose-e f or tax of the same or greater ADVERTISEMENT FOR PROPOSALS C.Copy of the release form signed sod dated by the client; necbe.Ordinance.Company may do ell yea-°.able thing. uivalent amount on the eel¢and/or delivery a(energy EDINBOROUGH PARR PLAYGROUND J t bower }°t°cb e]wmf°1 Ph h th se purposes,sub within the C ty by any nth ergy euppher,provided PROPOSALS CLOSE APRIL 9,2009 D.The nature of the body art ed ep perform d; db --.- h .may be adopt- that as toe ch ppb th Ctyh th ua th ty toro y Per to dm d cu GyeYtatmder Sec quire a fro.hi f p t Th C p 1y ma Sealed proposals ill be received opened m the Coun- t 421 f th C ty Code:Th C ty shall give the Comps- petition the C ty to pt ed th franc}, f e ap J Chambers m Edina City Hall,4801 Weat 60th Street at E.The name of the techni performing theprocedure; y notice 60 days m advance M propmN changes m Sec phcable f c,finere who b ti-421 ofthe City Code The Cityand company-hall, th-AnIphyemell b or pone civ imminent 100p m.,Wednesd ,Apri19,2003.The Edina C,ty Coun F AcopyoCthe,con-antf to perform th'body art pro-. goti°temgsod fvthmreachmutuall y YPee.mi, Cmupanya distribution til will meet at 700pm TuesdflY Apn116;2003f con: dare onammor with req d ignaturs se defined i, Ifthe City end Companyacoepteble changes. ystem her ecoaowcreeeon. 1 dmgtke existence ofth,. aider nerd pmpo-els for the above hated Edinborough Park 74.0 Subd.3 f ppl ebl - y are unable m agree,dispute,will franchise fee The City-hell t ,ably withhold playground improvements ba handled order the Lerma of Section 2 6 f this Ordi h a fee d tion m franemae fees forsuch cos ce,If a provisio.of Section 421 o(the C ty C de con t r Propoeele shell be m a-sealed I p with t t t S bili 9.AR Techmciana shall pro d each cheat Rias with a provision on the same aubNot the Ordi. -howmgg the work covered by th p apodal P p le with print d',the holdin an.,=Mee dad care of the mute,this Ordinance will ntrol -6 3 Cal ul tifF .Th Qtymey unpo-e thefrancrose ho be addressed to the.P k Recreation Director, body art d g the healing proceae. - ` ve - b ti nCperttntaga of gorse revenues City of Edina 4801 West 50th Stre t,Edina MN 66424, S bel:10.Notdicatim O 2 2.Ef in a Date,Wnlet A pt Thi fr hiss i d from customers m the Residential Cusmmer and may be mailed e b50th S Z p Proposals re hl'the Health Depart ant ammedisto hf mBo9 shall shall be m force end.effect Go md'°Re ire passage of Cl far its utility operations within the City or as a Bat frail by the Park&Recreation'ii tor,either through y o y reports seta Ordinance and publicat required by law and its meter fee perciratomer,for¢usfinere m eon residential the mil Or by p 1 eubm ,after the tune at ter sour.receive of a potential blaNbeme pathogentramrme acceptance by Company H C puny does not file a web -tomer desacs("Combination Fee Method),ar(u)as a ring them may be returned mop¢nrd. to Pte th th City tem 90 Daye after the date flat meter fee per cu-tomer within the City(Flat Fee receiving Solid 11 Indus Self Surve th CitY O 1 adoptster O di e;or otherwise Method"),or(m)as a fee based an mite ofge delivered to Work most be done as described in the plain and-Petco ari Y ry Ery Y and Treuung Reepo 6d� pla'a tea C ty Elan oti t"-y time,that the y clas.ofretail cuss niers within Ehe corpo t 1 to of cations on file m the office of the Park Pi Recreation De Eve hcenaee of a body art eetablmh t h il C'Pavy d t accept all tan° t this franchise,the the City(UmtFee Method")The method ofimpoemg the partme,t.No propo-ala will be comidered unless sealed range for and memtein a program of eanrtetion self m- Crtyce areae cil by reeolutron may either repeal this ordi- franchise f:the percent ofrevenue rate,the Rat rate and. d accompanied by bid baud or certified check payable m aespecu-t conducted by the owner,operator,technician,or kits enforcement m e court of competent ju- the per mit rate may differ for each customer class. If the City ofEdina in the amountof 10%ofthsbid.The City p", and approved by the Health Department.The risdiction, prior f the expiration of this franchise,cuetomere in the County reserve-the ri d m react an s if-in-pectin°program.hell in ede written policies,fl e Company.Residential Customer Cleee ba to urchase 8 J Y or all Proposals or "If-ipi-place forma for logging self-in peetione;and evidence 2.3.Service and Gas Rates.The service W be provided and and/or transport gas from compeniea othergitlim the Com- y Portion thereoL and will accept the proposal that is that routine self-inapectim of all expecte of the body art the rates m be charged by Company for gas service in City pant the City ma N deemed m be tri the beat interest of the City. .at�Lliehment takes place.Recmde of the body art eetal>• era subject m the y o Y impose the Flet Fee Method or the liahment self-in-pectin,program ahall be so 1. Cor re- Jurisdiction of the Commission Unit Fee Method;es a way of collecting fees.If the per- gy ORDER OF THE EDINA CITY COUNCIL. view. 2.4.Publication E The O. a of Combination Fee Method he.pmvi-e ly bean Debre A.Mangan,City Clerk Especial, expense of pubfication of implemented,it most be changed f the Flat Fee Method Dated:March 13,2003 Section 2.This ordinance shall be in full force and off t t�ordi°°°ce shall be paid by Company. Or the Unit Fee Method. on July 1,2003, 2.6.Dispute Resolution IC either party eeeerte that the El Collection ofthe Fee.Tha anchice tea will be ole (Mar 20,2003)D VEdiabormgh Park. other party fe m defeWt in the parformerere ofany oblige- not lea-°Ren then artTh Paye Adopted this 4th day oCFebmery 2003. tion hereunder,the tom lain;, qu Yana be"°°any°`the al- City of Edina - p g party shall notify the mrnetive formulas described S ti 6 3 d g cem F,r-t Reading December 17,2002 lir p�Y fth d f It and the cleaved remedy The no- plate billing nc of the p¢ d f m h p yen t ra m Second-Reeding: ..March4,2003^':.:. ..tafi ti P shell b-.. ¢ten..AePreee uatu s,of the parties,-.be made The frannhreefe:formal aybe ch gad by (Offici.1 PubRaatloa).. Published March 20,2003 t PrP-h.,_ t d attempt m good faith toaegoti dinance Rem time to time;h­­,aech change moat CITE`GF EDBVA to huh f the drepute. H Lha dispute u not re- meet the same notice requirement°and may not be made 4001 WEST 6tlTH STREET Attest solvedwtthin 30deys ofth°writtan n°Gce'the partieemgy. m reoRe,thaneannually.Such(e.sit .eat exceed any EDINA,MINNESOTA 66424 Debre A-e.g.. .iointiy select a mediator m facilitate further diecus.ron. amount that the Company may legally charge m it.cue- .NOTICE OF PUBLIC HEARING City Clerk m Parties will equally share the fall and expencee ofthie in prior m pe—art.tem city.Such fes is subject f TO CONSIDER ISSUANCE OF ediamnIf.medfafria net or ifthe partial are m- xubsaqumntr°ductiona to.coomtforuncolleetible,and TEMPORARY ON-BALE Dentia F Meetzold able f resolve the dispute wiNi,30 days eller Scat mesh cuafiner rofunde int d by_L.,_opany.The Comps- INTOEICATING LIQUOR LICENSE Mayor ing with the celacted medrefn either party y tom- y greeato mak a edeble fachon by the City at Ghon m Darnel Court f interpret d enforce deo able tiro fi rd,n nary f audit the Com+ NOTICE IS hereby given that the Edina City Council will thu franchise or for such other rehefpermrtted by law:- pmty'e detetmmatim-f the fisrechiee feepeymenta. holdapubkche h=p.2 it et700P.M.. (Mar 20,2003)DUOrd 2002-11 arm8 Tu ede, in the Carnal Ch ben fFdme City Hall W derie 2 6.CoatmmG of Franchi If th City and the Co., SECTION 7. LIMITATION ON APPLICABILITY,NO uaoce of tempo cry ale intoxicetmg bqu h n City of Edina P-nY are mabh m gree en the fe city n f HP.¢ WAIVER f r the following applicant and event by Gu time tlu free hue exp i e , franays will re- This O d rice On vatitutee a franchise egreemevt be- 50th&Franre B Association (Official Pubecatloa) -Hect G] free h a is egreeduponr til tw the city anits.nceaeeam and the Company and 37th Ampel Edma Art Fair FRANCHIBE ORDINANCE FOR 90 days after th City .the C p y ee Gsv No- to d permitted assign,as the only Parti¢, Parking Lot Ed 6-0 Mall located on 49 I/2 Street G f Eke other "' an CENTERPOINT ENERGYIHDVNEGASCO partyefif intention to allow thefranchrea No provuron'o(tW franchuce=anyway 'e to Gia May 90,33 and June 1,2003 m exp ire. befit of any third panic,(incl dig a e public at large) ORDINANCE N0.8003-2 m constitute any such pe third party be,. AD Pere-ree who desire be heard on this issue care either- IF LOCATION;OTHER REGULATION S: fi cry afthe agreementor of anycome o ofth terms, CITY OF EDINA,HENNEPIN COUNTY 3.1.Lo tion fF§lib 3 6J t m regulation Pnder3eo- b [or otherwise give rise to y of e ti1 Submit a letter f the Edina City Council,4801 Went MINNESOTA ti 921 f theCity Cad Gas Fecrhties in the Public WeY pe nota Pert3'h f Thu lirenchu Agra tahell 60th Street Edina, MN 65424,Prior to the date of the AN ORDINANCE GRANTING CENTERPOINT h,ll be located canatruasd; d meintmved eo ea not f t be terpr ted to blare r byEke C'ty ofagy. hearing. ENERGY 6'[Q4NEGASCO,ADIVIBION OF F.rupt°°rune]Pe-Gon of any City Utility 8yetem.Ca. fifdol ea f ty ort tee°m on liability under RELLINC ENERGY RESOURCES CORPORATION, by the ee maybe lnratea on Public Croanda eedetermined Mrmieeote Stet tee,Chapter 488 2. Attend the hearing end give testimony. A DELAWARE CORPORATION,ITS BUCGESSORB by the City. AND ABSIG NS,A NONEBCLVSIVE FRANCHH4E SECTION.B.AMENDMENT PROCEDURE BY ORDER OF THE EDINA CITY COUNCIL. TO GON8TRUCT,OPERATE,REPAIR ANb 3.2 Restorer f Public W y d Pohl G and. Ilitier SECTIONS MEN M hiss PROCEDURE.t in at any time Debra Menge, MAINTAIN FACIIdTIES ANp EQUIPMENT FOR Reefretun of th Pubh AVay eha9 be enb)eet to Section p pose that th agree ant be emended Thi.Ordinance City Clerk THE TRANSPORTATION,DHiTRDIUTION, 421 of the City Cod Afterm ,b Gngwmkr°q in ec Lha .y he amended et anY time by the Cny psa.ing a noose Dated:March 14,2003 - MANUFACTUREANDBALEOFGA8IIlVERGY Peng oflrubl G d.the Cottlp yshMeto.the gent or'iaance decleruig the provisions mthe emend- FORPUBLICANDPRIVATEUF AND TO USE Public Groundf good co diG ae formerly cited; t,which am..damry-rdinanceshell become eHxGve (Mer 20,2003)DULiquor Licevee THE PUBLIC WAYS AND GROUNDS OF THE CITY avdehell mer tam thesurface good condition f*"-" or so(6) open the filing of Company's written coneant therein with OF EDINA,MINNESOTA,FOR BU CH PURPOSE; months thereafter.All kehallbe plated as Prompt Ole City Clark within 60 days after the effective data ofth. AND,PRESCRIBING CERTAIN TER9/B AND ly as weather"nine.IfCImpanyshall not P-optiyper- amendatory ordfumes. CONDITIONS TBERREOR form end M plate the wark,'tem sl]dirt rabbi h, eautoment and matarial..and,,Elbe PPblicGm„ndf.,Tho CFr!'rIr1NA PPFVIM*e Fpnw+nu,ecegrrPF.ACFDFD. 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