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HomeMy WebLinkAbout2010-16 Amending Chapter 7 of the City Code Concerning Body Art Establishments ORDINANCE NO. 2010-16 AN ORDINANCE AMENDING CHAPTER 7 OF THE EDINA CITY CODE CONCERNING BODY ART ESTABLISHMENTS THE CITY OF EDINA ORDAINS: SECTION 1. Section 745 of the Edina City Code is amended to read as follows: 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 body art establishments where tattooing and body piercing are conducted. Subd. 2 Incorporation by Reference. Minnesota Statutes 146B is incorporated herein by reference. Subd. 3. Prohibitions. No individual shall A. Operate a temporary body art establishment; B. Operate a body art establishment without a license issued by the City of Edina. 745.03 Definitions. Establishment Plan means a to-scale drawing of the establishment's layout illustrating the requirements of this ordinance. Health Department means the Edina Health Department, its designated employees, or other designated agents. 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. Ordinance No. 2010-16 Page 2 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. 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. Ordinance No. 2010-16 Page 3 745.06 Grounds for Closure. Subd. 1. Violations. If any violation of this Code exists, 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. 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, a plan review application and a plan review fee as set forth in Section 185 of this Code. 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 hand sink 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 that is nonporous washable receptacle with a foot operated lid or no lid and a removable liner. 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 that is nonporous washable receptacle with a foot operated lid or no lid and a removable liner; (5) A door that closes; and (6) Adequate ventilation. Ordinance No. 2010-16 Page 4 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. Carpeting may not be used in areas of body art procedures. 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. 745.10 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 is effective immediately upon its passage a publication. First Reading: November 16, 2010 1 t I '} Second Reading: Waived 1 I I ! Published: December 30, 2010 i I Attest ---- Debra A. Mangen, City Clerk J mes B. Hovland, Mayor Please publish in the Edina Sun Current, Thursday, December 30, 2010 Send two affidavits of publication Bill to Edina City Clerk Citof Edina continue all operations of the body art establishment. Y Body art establishments shall only reopen with permis- (Official Publication) sion from the Health Department. 745.07 Standards for Health and Safety. No operator or ORDINANCE NO.2010-16 body art establishment shall engage in body art activities AN ORDINANCE AMENDING CHAPTER 7 OFTHE without complying with the following regulations: EDINA CITY CODE Subd.1. Facilities. CONCERNING BODY ART ESTABLISHMENTS A. Any new or remodeled establishment shall submit to newspapersTHE CITY OF EDINA ORDAINS: the Health Department a to-scale establishment plan in SECTION 1. Section 745 of the Edina City Code is sufficient detail to ascertain compliance with conditions in amended to read as follows: this ordinance,a plan review application and a plan review AFFIDAVIT OF PUBLICATION fee as set forth in Section 185 of this Code. Section 745-Body Art Establishments B. There shall be no less than one hundred fifty(150) 745.01 Purpose. This ordinance is enacted to establish square feet of floor space for each procedure area. The STATE OF MINNESOTA ) standards to protect health,safety and general welfare of procedure area(s)must be separated from the bathroom, ss. the people of Edina through regulation of body art estab- retail sales area,hair salon area,or any other area that lishments. may cause potential contamination of work surfaces. For COUNTY OF HENNEPIN ) The general objectives of this ordinance are: clients requesting privacy,dividers,curtains,or partitions A. To prevent disease transmission; at a minimum shall separate multiple procedure areas. Richard Hendrickson, being duly sworn on B. To correct and prevent conditions that may adversely C. Each establishment shall have a readily accessible an oath,states or affirms that he is the Chief affect persons utilizing body art establishments; hand sink that is not in a public restroom and is equipped C. To provide standards for the design,construction,op- with: Financial Officer of the newspaper(s)known eration,and maintenance of body art establishments;and (1) Hot and cold running water under pressure; as D. To meet consumer expectations of the safety of body (2) No touch faucet controls such as wrist or foot operat- Edina Sun-Current art establishments. ed; 745.02 General Provisions. (3) Liquid hand soap; Subd.1. Scope.This ordinance shall apply to all body art (4) Single use paper towels;and establishments where tattooing and body piercing are (5) A garbage can that is nonporous washable recepta- conducted. cle with a foot operated lid or no lid and a removable liner. and has full knowledge of the facts stated Subd.2 Incorporation by Reference. Minnesota Statutes D. Every establishment shall have at least one available 146B is incorporated herein by reference. bathroom equipped with a toilet and a hand lavatory.The below: Subd.3. Prohibitions. No individual shall A.Operate a hand lavatory shall be supplied with: (A)The newspaper has complied with all of temporary body art establishment;B.Operate a body art (1) Hot and cold running water under pressure; the requirements constituting Uallflca- establishment without a license issued by the City of (2) Liquid hand soap; q g q Edina. (3) Single use paper towels or mechanical hand tion as a qualified newspaper as provid- 745.03 Definitions. drier/blower; ed b Minn. Stat. 331 A.O2, 331 A.O7, Establishment Plan means a to-scale drawing of the es- (4) A garbage can that is nonporous washable recepta- Y § § tablishment's layout illustrating the requirements of this or- cle with a foot operated lid or no lid and a removable liner; and other applicable laws as amended. dinance. (5) A door that closes;and Health Department means the Edina Health Department, (6) Adequate ventilation. (B)The printed public notice that is attached its designated employees,or other designated agents. E. The establishment shall have an artificial light source was published In said newspaper(s) 745.04 License Administration. equivalent to 20 foot-candles at three feet above the floor. once each week,for One SUCCeSSIVe Subd.1. License Required. No person shall own or op- At least 100 foot-candles of light shall be provided at the erate a body art establishment without an establishment level where body art procedures are performed, where week(s);It was first published On Thurs- license.Each license shall be obtained from the City Clerk sterilization takes place, and where instruments and day,the 30 day of December pursuant to Section 160 of this Code. sharps are assembled. Subd.2. Licensing Procedure. F. All procedure surfaces shall be smooth,nonabsorbent 2010, and was thereafter printed and A. All applications,new and renewal,for licenses shall be and easily cleanable. published on every Thursday to and In- made upon forms furnished by the City Clerk. The appli- G. All ceilings shall be in good condition. cation shall be submitted to the City Clerk accompanied H. All walls and floors shall be free of open holes or cluding Thursday, the ____ day Of by a fee as set forth in Section 185 of this Code. cracks and washable.Carpeting may not be used in areas 2010;and printed B. Each establishment license application shall describe of body art procedures. the general nature of the business,the location,and any I. All facilities shall be maintained in good working order. below IS a copy Of the(Ower case alpha- other information deemed necessary by the Health De- J. All facilities shall be maintained in a clean and sani- bet from A to Z, both inclusive, which is partment. tary condition, hereby acknowledged as being the size Subd.3. Location Restricted. No individual shall engage K. No establishment shall be used or occupied for living Y 9 9 in body art activities at any place other than a licensed es- or sleeping quarters. and kind of type used in the composition tablishment. L. Only service animals may be allowed in the estab- and UbIlCatlOn Of the notice: Subd.4. License Expiration. Licenses issued pursuant to lishment. No animals shall be allowed in the procedure p this code shall commence and expire on the dates indi- area(s). cated on the license. M. Effective measures shall be taken by the operator to abcdef "klmnopgrstuvwxyz Subd.5. Transfer and Display of License. Only a person prevent entrance,breeding,and harborage of insects,ver- who complies with the requirements of this ordinance min,and rodents in the establishment. shall be entitled to receive a license. A license shall not 745.10 Industry Self-Survey and Training Responsibility. be transferable as to person or place.A valid license shall Every licensee of a body art establishment shall arrange / be posted pursuant to Section 160 of this Code. for and maintain a program of sanitation self-inspection G L� 745.05 Inspection and Plan Review. conducted by the owner,operator,technician,or appren- �/�� Subd. 1. Inspection Required. The Health Department tice and approved by the Health Department.The self-in- BY: shall inspect each body art establishment: spection program shall include written policies,appropri- A. Before issuing a license for a new establishment; ate forms for logging self-inspections,and evidence that CFO B. As part of a construction or remodeling plan review; routine self-inspection of all aspects of the body art es- C. As part of a complaint investigation;or tablishment takes place. Records of the body art estab- D. At least once a.year for a routine inspection. lishment self-inspection program shall be available for re- Subd.2. Construction Inspections. The body art estab- view. Subscribed and sworn to or affirmed lishment shall be constructed in conformance with the ap- SECTION 2. This ordinance is effective immediately proved plans. The Health Department shall inspect the upon its passage and publication. before me on this 30 day of body art establishment as frequently as necessary during First Reading: November 16,2010 December 2010, the construction to ensure that the construction occurs in Second Reading: Waived conformance with this ordinance.The Health Department Published: December 30,2010 shall conduct a final construction inspection prior to the Attest Debra A.Mangen,City Clerk v start of operations and issuance of a license. James B.Hovland,Mayor r Subd.3. Access to Premises and Records. The operator (Dec 30,2010)D1 Ord.#2010-16 of the body art establishment shall,upon request of the Health Department and after proper identification,permit Notary Public 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 De- partment to ascertain compliance to this ordinance. Subd.4. Interference with the Health Department. No DIANE I_ E L I t},S N N person shall interfere with or hinder the Health Inspector in the performance of its duties,or refuse to permit the "OTARY PUBLIC r11^1 r:LSOTn Health Department to make such inspections. r y Comm [xpl-s Jll, 31 2015 Subd.5. Removal and Correction of Violations. Opera- tor(s)or technician(s)shall correct or remove each viola- tion 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 Depart- ment 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 exists, the operator(s) or technician(s) may be ordered to dis-