HomeMy WebLinkAbout2.c. Home Occupation Ordinance Text Amendment: Prohibiting Body Art (Tattoo and Body Piercing) Establishments, Case 11-03-TAAGENDA ITEM: Case 11- 03 -TA: Home Occupation
Ordinance Text Amendment: Prohibiting
Body Art (Tattoos and Body Piercing)
Establishments
AGENDA SECTION:
Discussion
PREPARED BY: Eric Zweber, Senior Planner
AGENDA NO.
2.C.
ATTACHMENTS: State Statute 146B; Excerpt from March 22
Planning Commission Minutes; Excerpt
from Draft April 26 Planning Commission
Minutes
APPROVED BY:
DDJ
RECOMMENDED ACTION: Discussion
4 ROSEMOUNT
CITY COUNCIL
City Council Work Session Date: May 11, 2011
EXECUTIVE SUMMARY
ISSUE
The State has enacted a Statute to license body art establishments (tattoo parlors and body piercing)
The Statute includes standards to license body art establishments in homes but also allows
municipalities to adopt ordinances more restrictive than the State Statute. Staff has initiated the text
amendment to preclude body art establishments from being legal home occupations.
DISCUSSION
In 2010, the State enacted a Statute that requires body art establishments (tattoo parlors and body
piercing) to be licensed through the Minnesota Department of Health. Previous to this Statute, tattoo
parlors and body piercing establishments were only regulated by local regulations, including
Rosemount's Business License Ordinance for Tattoo Parlors, which was written many years ago and
did not address the modern tattoo methods and equipment. Following the Statute enact ion, the City
Council revoked the Tattoo Parlor Business License Ordinance.
The full text of the Body Art Statute (Chapter 146B) is attached to this Executive Summary. The
Statute allows local governments to adopt regulations more restrictive than the Statute. In review of
the Statute, the State license requirements cover commercial buildings, temporary structures, and
establishments within homes. The City's Zoning Ordinance, based upon the State regulations, would
allow body art establishments in the C -3: Highway Commercial, C -4: General Commercial, and as
Home Occupations. Staff is concerned about the negative impacts (addressed in the language of the
Statute and thus justifying the need for a license) that these establishments may have within a
neighborhood. To address this concern, staff has prepared an amendment to the Home Occupation
Ordinance (11 -2 -16) prohibiting body art establishments. Below is the full Home Occupation
Ordinance including the new subsection J prohibiting body art establishments.
11 -2 -16: HOME OCCUPATIONS:
A. Home occupations shall be conducted solely by persons residing in the residence.
B. All business activity and storage shall take place within structures.
C. There shall be no alteration to the exterior of the residential dwelling, accessory building or
yard that in any way alters the residential character of the premises.
D. No sign, display or device identifying the occupation shall be used.
E. The occupation shall not be visible or audible from any property line.
F. Said occupation shall not involve the retail sale or rental of products on the premises.
G. Unless completely enclosed within an approved structure, no vehicle used in the conduct of
the occupation shall be parked, stored or otherwise present at the premises other than such
as is customarily used for domestic or household purposes such as a van or three- quarter ton
truck.
H. Only on site off street parking facilities normal for a residential use shall be used.
I. The conduct of an occupation or the use of substances which may be hazardous to or may
in any way jeopardize the health, safety or welfare of neighbors and neighboring property
shall not be permitted.
J.
Body art establishments. as defined by State Statute 146B. are prohibited from home
occupations.
March 22 Planning Commission Public Hearing
The Planning Commission conducted a public hearing and reviewed the proposal to prohibit body
art establishments at their March 22 meeting. The three Planning Commissioners at that meeting
were Chairperson Ege, Commissioner Kolodziejski, and Commissioner Powell. The Planning
Commissioners questioned the need for the prohibition if the State addressed the issues associated
with body art establishments with the license requirements. No residents spoke during the public
hearing The Planning Commission tabled the issue to their April 26 meeting for additional public
input.
April 26 Planning Commission Meeting
The Planning Commission reopened the public hearing and continued review of the ordinance
amendment at their April 26 meeting. All seven Planning Commissioners were present at the April
26 meeting. No residents spoke during the public hearing. Commissioner DiNella stated that he
was not supportive of businesses within residences. Commissioners DeMuth and Irving stated that
they were not opposed to body art establishments in homes if they follow the State regulations. A
motion to recommend approval of the prohibition was made but failed with seven nays. A motion
to recommend denial of the text amendment passed unanimously.
2
Apple Valley
Currently Allowed; Staff is discussing the issue
Burnsville
Scheduled to be discussed at their September 13 City Council Work Session
Eagan
Prohibited as Home Occupation
Inver Grove Heights
Prohibited as Home Occupation
Lakeville
Prohibited as Home Occupation
West St. Paul
City Attorney is reviewing /revising the City Code
Other Dakota County Communities' Home Occupation Regulations
At the request of the Planning Commission at their March 22 meeting, staff contacted other cities
within Dakota County and the following information was provided on how other communities
regulate Body Art Establishments as Home Occupations.
Communit
Bodv Art Regulation
RECOMMENDATION
The text amendment before the Council for discussion was initiated by staff and we continue to
support its adoption. There are several reasons why staff feels that tattoo parlors and body piercing
should not be conducted in a residence:
First, Staff is uncomfortable that the State has the ability to maintain adequate inspections of the
operation. While a number of the Planning Commissioners stated that they are comfortable that
State licensing will address any issue that may arise from a body art establishment within a residence,
staff is aware that many of the State's regulations are on paper only and site inspections and
enforcement limited. Similar to the City's code enforcement, on a complaint basis, it is unlikely the
State has adequate staffing to have routine review.
Planning Commissioners indicated that a tattoo parlor is similar to an in -home hair salon and staff
didn't wish to prohibit hair salons in residential districts. While the State licenses both activities, the
nature of tattoo parlors and body piercing is significantly different than a hair stylist. The age
restriction and amount of paperwork necessary for piercing ears at a retail store indicates regulatory
agencies believe there are more health- related issues with these types of uses than those typically
anticipated by home occupations.
Over the course of time, we have had several "home occupation" issues in the community. The
question of whether a use is appropriate in a residential district has been a source of much
conversation with some believing that uses such as commercial greenhouses might be more
acceptable than selling of automobiles and auto parts. It is recognized that tattoos and body piercing
are more acceptable today than they have been in the past, however, staff believes that most
residents would not expect or anticipate having a tattoo parlor or body piercing establishment next
door. Our expectation is that the general population would not want that use in their neighborhood
and would look to the City to remove it.
Finally, staff recognizes that home occupations generally occur without any City knowledge, and that
is the intent of the ordinance. We are only aware of them when there is a complaint or obvious signs
of a business, which is contrary to the Zoning Ordinance. While this is true for all home
occupations, staff anticipates that if people complain they will expect the City to address their
concerns. We recognize that we can't always fix the problem, but based upon the above reasons,
staff believes prohibiting body art in residential districts would be less controversial than allowing it.
3
CONCLUSION
Staff recognizes that this issue does not have a technical solution but is rather a decision that is
based upon policy and viewpoints. Staff has provided some reasons why we feel that body art
establishments should be prohibited in residential districts, and not allowed as home occupations.
Similar to the rationale behind many zoning ordinance restrictions, the issue of certainty and
preservation of value are behind the staff's recommendation. Staff believes most people would be
surprised to find a tattoo parlor or body piercing establishment in their neighborhood and would be
more surprised to fund that it was a legal use.
4
1 MINNESOTA STATUTES 2010 146B.01
CHAPTER 146B
BODY ART
146B.01 DEFINITIONS. 146B.06 HEALTH AND SAFETY STANDARDS.
146B.02 ESTABLISHMENT LICENSE PROCEDURES. 146B.07 PROFESSIONAL STANDARDS.
1468.03 LICENSURE FOR BODY ART TECHNICIANS. 1466.08 INVESTIGATION AND GROUNDS FOR
DISCIPLINARY ACTION.
146B.04 TEMPORARY LICENSURE FOR GUEST ARTISTS.
146B.05 GROUNDS FOR DENIAL OF AN 146B.09 COUNTY OR MUNICIPAL REGULATION.
ESTABLISHMENT LICENSE OR EMERGENCY 1469.10 FEES.
CLOSURE.
146B.01 DEFINITIONS.
Subdivision 1. Scope. The terms defined in this section apply to this chapter.
Subd. 2. Aftercare. "Aftercare" means written instructions given to a client, specific to
the procedure rendered, on caring for the body art and surrounding area. These instructions must
include information on when to seek medical treatment.
Subd. 3. Antiseptic. "Antiseptic" means an agent that destroys disease causing
microorganisms on human skin or mucosa.
Subd. 4. Body art. "Body art" or "body art procedures" means physical body adornment
using, but not limited to, tattooing and body piercing. Body art does not include practices and
procedures that are performed by a licensed medical or dental professional if the procedure
is within the professional's scope of practice.
Subd. 5. Body art establishment. "Body art establishment" or "establishment" means any
structure or venue, whether permanent, temporary, or mobile, where body art is performed.
Mobile establishments include vehicle mounted units, either motorized or trailered, and readily
moveable without dissembling and where body art procedures are regularly performed in more
than one geographic location.
Subd. 6. Body piercing. "Body piercing" means the penetration or puncturing of the skin
by any method for the purpose of inserting jewelry or other objects in or through the body. Body
piercing also includes branding, scarification, suspension, subdermal implantation, microdermal,
and tongue bifurcation. Body piercing does not include the piercing of the outer perimeter or the
lobe of the ear using a presterilized single -use stud and -clasp ear piercing system.
Subd. 7. Branding. "Branding" means an indelible mark burned into the skin using
instruments of thermal cautery, radio hyfrecation, and strike branding.
Subd. 8. Commissioner. "Commissioner" means the commissioner of health.
Subd. 9. Contaminated waste. "Contaminated waste" means any liquid or semiliquid
blood or other potentially infectious materials; contaminated items that would release blood or
other potentially infectious materials in a liquid or semiliquid state if compressed; items that are
caked with dried blood or other potentially infectious materials and are capable of releasing these
materials during handling; and sharps and any wastes containing blood and other potentially
infectious materials, as defined in Code of Federal Regulations, title 29, section 1910.1030,
known as "Occupational Exposure to Bloodborne Pathogens."
Subd. 10. Department. "Department" means the Department of Health.
Copyright 2010 by the Office of the Revisor of Statutes. State of Minnesota. All Rights Reserved.
2 MINNESOTA STATUTES 2010 146B.01
Subd. 11. Equipment. "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.
Subd. 12. Guest artist. "Guest artist" means an individual who performs body art
procedures according to the requirements under section 146B.04.
Subd. 13. Hand sink. "Hand sink" means a sink equipped with potable hot and cold water
held under pressure, used for washing hands, wrists, arms, or other portions of the body.
Subd. 14. Hot water. "Hot water" means water at a temperature of at least 110 degrees
Fahrenheit.
Subd. 15. Jewelry. "Jewelry" means any ornament inserted into a pierced area.
Subd. 16. Liquid chemical germicide. "Liquid chemical germicide" means a tuberculocidal
disinfectant or sanitizer registered with the Environmental Protection Agency.
Subd. 17. Microdermal. "Microdermal" means a single -point perforation of any body part
other than an earlobe for the purpose of inserting an anchor with a step either protruding from or
flush with the skin.
Subd. 18. Micropigmentation or cosmetic tattooing. "Micropigmentation or cosmetic
tattooing" means the use of tattoos for permanent makeup or to hide or neutralize skin
discolorations.
Subd. 19. Operator. "Operator" means any person who controls, operates, or manages body
art activities at a body art establishment and who is responsible for the establishment's compliance
with these regulations, whether or not the person actually performs body art activities.
Subd. 20. Procedure area. "Procedure area" means the physical space or room used for
conducting body art procedures.
Subd. 21. Procedure surface. "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 and 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.
Subd. 22. Scarification. "Scarification" means an indelible mark fixed on the body by the
production of scars.
Subd. 23. Sharps. "Sharps" means any object, sterile or contaminated, that may
purposefully or accidentally cut or penetrate the skin or mucosa including, but not limited to,
presterilized single -use needles, scalpel blades, and razor blades.
Subd. 24. Sharps container. "Sharps container" means a closed, puncture- resistant,
leak -proof container, labeled with the international biohazard symbol, that is used for handling.
storage, transportation, and disposal.
Subd. 25. Single use. "Single use" means products or items intended for onetime use which
are disposed of after use on a client. This definition includes, but is not limited to, cotton swabs or
balls, tissues or paper products, paper or plastic cups, gauze and sanitary coverings, disposable
razors, piercing needles, tattoo needles, scalpel blades, stencils, ink cups, and protective gloves.
Subd. 26. Sterilization. "Sterilization" means a process resulting in the destruction of all
Copyright 2010 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved.
3
MINNESOTA STATUTES 2010 146B.02
forms of microbial life, including highly resistant bacterial spores.
Subd. 27. Subdermal implantation. "Subdermal implantation" means the implantation of
an object entirely below the dermis.
Subd. 28. Supervision. "Supervision" means the physical presence of a technician licensed
under this chapter while a body art procedure is being performed.
Subd. 29. Suspension. "Suspension" means the suspension of the body from affixed hooks
placed through temporary piercings.
Subd. 30. Tattooing. "Tattooing" means any method of placing indelible 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. Tattooing also includes
micropigmentation and cosmetic tattooing.
Subd. 31. Technician. "Technician" or "body art technician" means any individual who is
licensed under this chapter as a tattoo technician or as a body piercing technician or as both.
Subd. 32. Temporary body art establishment. "Temporary body art establishment" means
any place or premise operating at a fixed location where an operator performs body art procedures
for no more than 21 days in conjunction with a single event or celebration.
Subd. 33. Tongue bifurcation. "Tongue bifurcation" means the cutting of the tongue
from the tip to the base, forking at the end.
History: 2010 c 317 s 1
146B.02 ESTABLISHMENT LICENSE PROCEDURES.
Subdivision 1. General. Beginning January 1, 2011, no person acting individually or
jointly with any other person may maintain, own, or operate a body art establishment in the state
without an establishment license issued by the commissioner in accordance with this chapter,
except as permitted under subdivision 8 or 9.
Subd. 2. Requirements. (a) Each application for an initial establishment license and
for renewal must be submitted to the commissioner on a form provided by the commissioner
accompanied with the applicable fee required under section 146B.10. The application must
contain:
(1) the name(s) of the owner(s) and operator(s) of the establishment;
(2) the location of the establishment;
(3) verification of compliance with all applicable local and state codes;
(4) a description of the general nature of the business; and
(5) any other relevant information deemed necessary by the commissioner.
(b) The commissioner shall issue a provisional establishment license effective until the
commissioner determines after inspection that the applicant has met the requirements of this
chapter. Upon approval, the commissioner shall issue a body art establishment license effective
for three years.
Subd. 3. Inspection. (a) Within the period of the provisional establishment license, and
thereafter at least one time during each three -year licensure period, the commissioner shall
conduct an inspection of the body art establishment and a review of any records necessary to
Copyright CO 2010 by the Office of the Revisor of Statutes. State of Minnesota. All Rights Reserved.
4 MINNESOTA STATUTES 2010 146B.02
ensure that the standards required under this chapter are met.
(b) The commissioner shall have the authority to enter a premises to make an inspection.
Refusal to permit an inspection constitutes valid grounds for licensure denial or revocation.
(c) If the establishment seeking licensure is new construction or if a licensed establishment
is remodeling, the establishment must meet all local building and zoning codes.
Subd. 4. Location restricted. No person may perform a body art procedure at any
location other than a body art establishment licensed under this chapter except as permitted
under subdivisions 8 and 9.
Subd. 5. Transfer and display of license. A body art establishment license must be issued
to a specific person and location and is not transferable. A license must be prominently displayed
in a public area of the establishment.
Subd. 6. Establishment information. The following information must be kept on file for
three years on the premises of the establishment and must be made available for inspection
upon request by the commissioner:
(1) a description of all body art procedures performed by the establishment;
(2)- copies of the spore tests conducted on each sterilizer; and
(3) the following information for each technician or guest artist employed or performing
body art procedures in the establishment:
(i) name;
(ii) home address;
(iii) home telephone number;
(iv) date of birth;
(v) copy of an identification photo; and
(vi) license number or guest artist license number.
Subd. 7. Establishments located in a private residence. If the body art establishment is
located within a private residence, the space where the body art procedures are performed must:
(1) be completely partitioned off;
(2) be exclusively used for body art procedures, except for licensed practices under chapter
155A which must be performed in compliance with the health and safety standards in this chapter;
(3) be separate from the residential living, eating, and bathroom areas;
(4) have a separate and secure entrance accessible without entering the residential living,
eating, and bathroom areas;
(5) meet the standards of this chapter; and
(6) be made available for inspection upon the request of the commissioner.
Subd. 8. Temporary events permit. (a) An owner or operator of a temporary body art
establishment shall submit an application for a temporary events permit to the commissioner at
least 14 days before the start of the event. The application must include the specific days and
hours of operation. The owner or operator shall comply with the requirements of this chapter.
(b) The temporary events permit must be prominently displayed in a public area at the
location.
Copyright 2010 by the Office of the Revisor of Statutes. State of Minnesota. All Rights Reserved.
5 MINNESOTA STATUTES 2010 146B.03
(c) The temporary events permit, if approved, is valid for the specified dates and hours
listed on the application. No temporary events permit shall be issued for longer than a 21 -day
period, and may not be extended.
Subd. 9. Exception. (a) Any body art establishment located within a county or municipal
jurisdiction that has enacted an ordinance that establishes licensure for body art establishments
operating within the jurisdiction shall be exempt from this chapter if the provisions of the
ordinance meet or exceed the provisions of this chapter. Any county or municipal jurisdiction that
maintains an ordinance that meets this exception may limit the types of body art procedures that
may be performed in body art establishments located within its jurisdiction.
(b) Any individual performing body art procedures in an establishment that meets an
exception under this subdivision must be licensed as a body art technician under this chapter.
History: 2010 c 317 s 2
146B.03 LICENSURE FOR BODY ART TECHNICIANS.
Subdivision 1. Licensure required. (a) Effective January 1, 2011, no individual may
perform tattooing unless the individual holds a valid tattoo technician license issued by the
commissioner under this chapter, except as provided in subdivision 3.
(b) Effective January 1, 2011, no individual may perform body piercing unless the
individual holds a valid body piercing technician license issued by the commissioner under this
chapter, except as provided in subdivision 3.
(c) If an individual performs both tattooing and body piercing, the individual must hold a
valid dual body art technician license.
Subd. 2. Designation. (a) No individual may use the title of "tattooist," "tattoo artist,"
"tattoo technician," "body art practitioner," "body art technician," or other letters, words, or titles
in connection with that individual's name which in any way represents that the individual is
engaged in the practice of tattooing or authorized to do so, unless the individual is licensed and
authorized to perform tattooing under this chapter.
(b) No individual may use the title "body piercer," "body piercing artist," "body art
practitioner," "body art technician," or other letters, words, or titles in connection with that
individual's name which in any way represents that the individual is engaged in the practice of
body piercing or authorized to do so, unless the individual is licensed and authorized to perform
body piercing under this chapter.
(c) Any representation made to the public by a licensed technician must specify the types
of body art procedures the technician is licensed to perform.
Subd. 3. Exceptions. (a) The following individuals may perform body art procedures
within the scope of their practice without a technician's license:
(1) a physician licensed under chapter 147;
(2) a nurse licensed under sections 148.171 to 148.285;
(3) a chiropractor licensed under chapter 148;
(4) an acupuncturist licensed under chapter 147B;
(5) a physician's assistant licensed under chapter 147A; or
(6) a dental professional licensed under chapter 150A.
Copyright 2010 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved.
6 MINNESOTA STATUTES 2010 146B.03
(b) A guest artist under section 146B.04 may perform body art procedures in accordance
with the requirements of section 146B.04.
Subd. 4. Licensure requirements. An applicant for licensure under this section shall
submit to the commissioner on a form provided by the commissioner:
(1) proof that the applicant is over the age of 18;
(2) the type of license the applicant is applying for;
(3) all fees required under section 146B.10;
(4) proof of completing a minimum of 200 hours of supervised experience within the area
for which the applicant is seeking a license, and must include an affidavit from the supervising
licensed technician;
(5) proof of having satisfactorily completed coursework approved by the commissioner
on bloodborne pathogens, the prevention of disease transmission, infection control, and aseptic
technique. Courses to be considered for approval by the commissioner may include, but are not
limited to, those administered by one of the following:
(i) the American Red Cross;
(ii) United States Occupational Safety and Health Administration (OSHA); or
(iii) the Alliance of Professional Tattooists; and
(6) any other relevant information requested by the commissioner.
Subd. 5. Action on licensure applications. (a) The commissioner shall notify the applicant
in writing of the action taken on the application. If the application is approved, the commissioner
shall issue a tattoo technician license, a body piercing technician license, or a dual body art
technician license.
(b) If licensure is denied, the applicant must be notified of the determination and the
grounds for it, and the applicant may request a hearing under chapter 14 on the determination
by filing a written statement with the commissioner within 30 days after receipt of the notice of
denial. After the hearing, the commissioner shall notify the applicant in writing of the decision.
Subd. 6. Licensure term; renewal. (a) A technician's license is valid for two years from
the date of issuance and may be renewed upon payment of the renewal fee established under
section 1468.10.
(b) At renewal, a licensee must submit proof of continuing education approved by the
commissioner in the areas identified in subdivision 4, clause (5).
Subd. 7. Temporary licensure. (a) The commissioner may issue a temporary license to an
applicant who submits to the commissioner on a form provided by the commissioner:
(1) proof that the applicant is over the age of 18;
(2) all fees required under section 148B.10; and
(3) a letter from a licensed technician who has agreed to provide the supervision to meet the
supervised experience requirement under subdivision 4, clause (4).
(b) Upon completion of the required supervised experience, the temporary licensee shall
submit documentation of satisfactorily completing the requirements under subdivision 4, clauses
(3) and (4), and the applicable fee under section 146B.10. The commissioner shall issue a new
license in accordance with subdivision 4.
Copyright 2010 by the Office of the Revisor of Statutes. State of Minnesota. All Rights Reserved.
7 MINNESOTA STATUTES 2010 146B.05
(c) A temporary license issued under this subdivision is valid for one year and may be
renewed for one additional year.
Subd. 8. License by reciprocity. The commissioner shall issue a technician's license to
a person who holds a current license, certification, or registration from another state if the
commissioner determines that the standards for licensure, certification, or registration in the other
jurisdiction meet or exceed the requirements for licensure stated in this chapter and a letter is
received from that jurisdiction stating that the applicant is in good standing.
Subd. 9. Transfer and display of license. A license issued under this section is not
transferable to another individual. A valid license must be displayed at the establishment site and
available to the public upon request.
Subd. 10. Transition period. Until January 1, 2012, the supervised experience requirement
under subdivision 4, clause (4), shall be waived by the commissioner if the applicant submits to
the commissioner evidence satisfactory to the commissioner that the applicant has performed at
least 2,080 hours within the last five years in the body art area in which the applicant is seeking
licensure.
History: 2010 c 317 s 3
146B.04 TEMPORARY LICENSURE FOR GUEST ARTISTS.
Subdivision L General. Before an individual may work as a guest artist, the commissioner
shall issue a temporary license to the guest artist. The guest artist shall submit an application to
the commissioner on a form provided by the commissioner. The form must include:
(1) the name, home address, and date of birth of the guest artist;
(2) the name of the licensed technician sponsoring the guest artist;
(3) proof of having satisfactorily completed coursework approved by the commissioner
on bloodborne pathogens, the prevention of disease transmission, infection control, and aseptic
technique;
(4) the starting and anticipated completion dates the guest artist will be working; and
(5) a copy of any current body art credential or licensure issued by another local or state
jurisdiction.
Subd. 2. Guest artists. A guest artist may not conduct body art procedures for more than 30
days per calendar year. If the guest artist exceeds this time period, the guest artist must apply for a
technician's license under section 146B.03.
History: 2010 c 317 s 4
146B.05 GROUNDS FOR DENIAL OF AN ESTABLISHMENT LICENSE OR
EMERGENCY CLOSURE.
Subdivision 1. General. if any of the following conditions exist, the owner or operator of
a licensed establishment may be ordered by the commissioner to discontinue all operations of
a licensed body art establishment or the commissioner may refuse to grant or renew, suspend,
or revoke licensure:
(1) evidence of a sewage backup in an area of the body art establishment where body
art activities are conducted;
Copyright CU 2010 by the Office of the Revisor of Statutes. State of Minnesota. All Rights Reserved.
8 MINNESOTA STATUTES 2010 146B.06
(2) lack of potable, plumbed, or hot or cold water to the extent that handwashing or toilet
facilities are not operational;
(3) lack of electricity or gas service to the extent that handwashing, lighting, or toilet
facilities are not operational;
(4) significant damage to the body art establishment due to tornado, fire, flood, or another
disaster;
(5) evidence of an infestation of rodents or other vermin;
(6) evidence of any individual performing a body art procedure without a license as
required under this chapter;
(7) evidence of existence of a public health nuisance;
(8) use of instruments or jewelry that are not sterile;
(9) failure to maintain required records;
(10) failure to use gloves as required;
(11) failure to properly dispose of sharps, blood or body fluids, or items contaminated by
blood or body fluids;
(12) failure to properly report complaints of potential bloodborne pathogen transmission to
the commissioner; or
(13) evidence of a positive spore test on the sterilizer if there is no other working sterilizer
with a negative spore test in the establishment.
Subd. 2. Licensure or reopening requirements. Prior to license approval or renewal or the
reopening of the establishment, the establishment shall submit to the commissioner satisfactory
proof that the problem condition causing the need for the licensure action or emergency closure
has been corrected or removed by the operator of the establishment. A body art establishment may
not reopen without the written approval of the commissioner and a valid establishment license.
History: 2010 c 317 s 5
146B.06 HEALTH AND SAFETY STANDARDS.
Subdivision 1. Establishment standards. (a) The body art establishment must meet the
health and safety standards in this subdivision before a licensed technician may conduct body
art procedures at the establishment.
(b) The procedure area must be separated from any other area that may cause potential
contamination of work surfaces.
(c) For clients requesting privacy, at a minimum, a divider, curtain, or partition must be
provided to separate multiple procedure areas.
(d) All procedure surfaces must be smooth, nonabsorbent, and easily cleanable.
(e) The establishment must have an accessible hand sink equipped with:
(1) liquid hand soap;
(2) single -use paper towels or a mechanical hand drier or blower; and
(3) a nonporous washable garbage receptacle with a foot operated lid or with no lid and a
removable liner.
(f) All ceilings in the body art establishment must be in good condition.
Copyright 2010 by the Office of the Revisor of Statutes. State of Minnesota. All Rights Reserved.
9 MINNESOTA STATUTES 2010 146B.06
(g) All walls and floors must be free of open holes or cracks and be washable and no
carpeting may be in areas used for body art procedures unless the carpeting is entirely covered
with a rigid, nonporous, easily cleanable material.
(h) All facilities within the establishment must be maintained in a clean and sanitary
condition and in good working order.
(i) No animals may be present during a body art procedure, unless the animal is a service
animal.
Subd. 2. Standards for equipment, instruments, and supplies. (a) Equipment,
instruments, and supplies must comply with the health and safety standards in this subdivision
before a licensed technician may conduct body art procedures.
(b) Jewelry used as part of a body art procedure must be made of surgical implant -grade
stainless steel, solid 14 -karat or 18 -karat white or yellow gold, niobium, titanium, or platinum, or
a dense low porosity plastic. Use of jewelry that is constructed of wood, bone, or other porous
material is prohibited.
(c) Jewelry used as part of a body art procedure must be free of nicks, scratches, or irregular
surfaces and must be properly sterilized before use.
(d) Reusable instruments must be thoroughly washed to remove all organic matter, rinsed,
and sterilized before and after use.
(e) Needles must be single -use needles and sterilized before use.
(f) Sterilization must be conducted using steam heat or chemical vapor.
(g) All sterilization units must be operated according to the manufacturer's specifications.
(h) At least once a month, but not to exceed 30 days between tests, a spore test must be
conducted on each sterilizer used to ensure proper functioning. If a positive spore test result is
received, the sterilizer at issue may not be used until a negative result is obtained.
(i) All inks and other pigments used in a body art procedure must be specifically
manufactured for tattoo procedures.
(j) Immediately before applying a tattoo, the ink needed must be transferred from the
ink bottle and placed into single -use paper or plastic cups. Upon completion of the tattoo, the
single -use cups and their contents must be discarded.
(k) All tables, chairs, furniture, or other procedure surfaces that may be exposed to blood
or body fluids during the body art procedure must be cleanable and must be sanitized after each
client with a liquid chemical germicide.
(1) Single -use towels or wipes must be provided to the client. These towels must be
dispensed in a manner that precludes contamination and disposed of in a nonporous washable
garbage receptacle with a foot operated lid or with no lid and a removal liner.
(m) All bandages and surgical dressings used must be sterile or bulk packaged clean and
stored in a clean, closed nonporous container.
(n) All equipment and instruments must be maintained in good working order and in a
clean and sanitary condition.
(o) All instruments and supplies must be stored clean and dry in covered containers.
Copyright 0 2010 by the Office of the Revisor of Statutes. State of Minnesota. All Rights Reserved.
10 MINNESOTA STATUTES 2010 146B.06
(p) Single -use disposable barriers or a chemical germicide must be used on all equipment
that cannot be sterilized as part of the procedure as required under this section including, but not
limited to, spray bottles, procedure light fixture handles, and tattoo machines.
Subd. 3. Standards for body art procedures. (a) All body art procedures must comply
with the health and safety standards in this subdivision.
(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 may be used to clean the skin.
(c) Whenever it is necessary to shave the skin, a new disposable razor or a stainless steel
straight edge must be used. The disposable razor must be discarded after use. The stainless steel
straight edge must be thoroughly washed to remove all organic matter and sterilized before
use on another client.
(d) No body art procedure may be performed on any area of the skin where there is an
evident infection, irritation, or open wound.
(e) Single -use nonabsorbent gloves of adequate size and quality to preserve dexterity must
be used for touching clients, for handling sterile instruments, or for handling blood or body fluids.
Nonlatex gloves must be used with clients or employees who request them or when petroleum
products are used. Gloves must be changed if a glove becomes damaged or comes in contact with
any nonclean surface or objects or with a third person. At a minimum, gloves must be discarded
after the completion of a procedure on a client. Upon leaving the procedure area, hands and wrists
must be washed before putting on a clean pair of gloves and after removing a pair of gloves.
Subd. 4. Standards for technicians. (a) Technicians must comply with the health and
safety standards in this subdivision.
(b) Technicians must scrub their hands and wrists thoroughly before and after performing a
body art procedure, after contact with the client receiving the procedure, and after contact with
potentially contaminated materials.
(c) A technician may not smoke, eat, or drink while performing body art procedures.
(d) A technician may not perform a body art procedure if the technician has any open sores
visible or in a location that may come in contact with the client.
Subd. 5. Contamination standards. (a) Infectious waste and sharps must be managed
according to sections 116.76 to 116.83 and must be disposed of by an approved infectious waste
hauler at a site permitted to accept the waste, according to Minnesota Rules, parts 7035.9100 to
7035.9150. Sharps ready for disposal must be disposed of in an approved sharps container.
(b) 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.
(c) 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.
(d) Storage of contaminated waste on site must not exceed the period specified by Code of
Federal Regulations, title 29, section 1910.1030.
History: 2010 c 317 s 6
Copyright 2010 by the Office of the Revisor of Statutes. State of Minnesota. All Rights Reserved.
11 MINNESOTA STATUTES 2010 146B.07
146B.07 PROFESSIONAL STANDARDS.
Subdivision 1. Proof of age. (a) A technician shall require proof of age before performing
any body art procedure on a client. Proof of age must be established by one of the following
methods:
(1) a valid driver's license or identification card issued by the state of Minnesota or another
state that includes a photograph and date of birth of the individual;
(2) a valid military identification card issued by the United States Department of Defense;
(3) a valid passport;
(4) a resident alien card; or
(5) a tribal identification card.
(b) Before performing any body art procedure, the technician must provide the client with a
disclosure and authorization form that indicates whether the client has:
(1) diabetes;
(2) a history of hemophilia;
(3) a history of skin diseases, skin lesions, or skin sensitivities to soap or disinfectants;
(4) a history of epilepsy, seizures, fainting, or narcolepsy;
(5) any condition that requires the client to take medications such as anticoagulants that thin
the blood or interfere with blood clotting; or
(6) any other information that would aid the technician in the body art procedure process
evaluation.
(c) The form must include a statement informing the client that the technician shall not
perform a body art procedure if the client fails to complete or sign the disclosure and authorization
form, and the technician may decline to perform a body art procedure if the client has any
identified health conditions.
(d) The technician shall ask the client to sign and date the disclosure and authorization form
confirming that the information listed on the form is accurate.
(e) Before performing any body art procedure, the technician shall offer and make available
to the client personal draping, as appropriate.
Subd. 2. Parent or legal guardian consent; prohibitions. (a) A technician may perform
body piercings on an individual under the age of 18 if the individual's parent or legal guardian
is present and a consent fortn and the authorization form under subdivision 1, paragraph (b) is
signed by the parent or legal guardian in the presence of the technician, and the piercing is not
prohibited under paragraph (c).
(b) No technician shall tattoo any individual under the age of 18 regardless of parental
or guardian consent.
(c) No nipple or genital piercing, branding, scarification, suspension, subdermal
implantation, microdermal, or tongue bifurcation shall be performed by any technician on any
individual under the age of 18 regardless of parental or guardian consent.
(d) No technician shall perform body art procedures on any individual who appears to be
under the influence of alcohol, controlled substances as defined in section 152.01, subdivision 4,
or hazardous substances as defined in rules adopted under chapter 182.
Copyright 2010 by the Office of the Revisor of Statutes. State of Minnesota. All Rights Reserved.
12 MINNESOTA STATUTES 2010 146B.08
(e) No technician shall perform body art procedures while under the influence of alcohol,
controlled substances as defined under section 152.01, subdivision 4, or hazardous substances as
defined in the rules adopted under chapter 182.
(f) No technician shall administer anesthetic injections or other medications.
Subd. 3. Informed consent. Before performing a body art procedure, the technician shall
obtain from the client a signed and dated informed consent form. The consent form must disclose:
(1) that a tattoo is considered permanent and may only be removed with a surgical
procedure and that any effective removal may leave scarring; or
(2) that body piercing may leave scarring.
Subd. 4. Client record maintenance. For each client, the body art establishment operator
shall maintain proper records of each procedure. The records of the procedure must be kept for
three years and must be available for inspection by the commissioner upon request. The record
must include the following:
(1) the date of the procedure;
(2) the information on the required picture identification showing the name, age, and
current address of the client;
(3) a copy of the authorization form signed and dated by the client required under
subdivision 1, paragraph (b);
(4) a description of the body art procedure performed;
(5) the name and license number of the technician performing the procedure;
(6) a copy of the consent form required under subdivision 3; and
(7) if the client is under the age of 18 years, a copy of the consent form signed by the parent
or legal guardian as required under subdivision 2.
Subd. 5. Aftercare. A technician shall provide each client with verbal and written
instructions for the care of the tattooed or pierced site upon the completion of the procedure.
The written instructions must advise the client to consult a health care professional at the first
sign of infection.
Subd. 6. State and local public health regulations. An operator and technician shall
comply with all applicable state, county, and municipal requirements regarding public health.
Subd. 7. Notification. The operator of the body art establishment shall immediately notify
the commissioner and local health authority of any reports they receive of a potential bloodborne
pathogen transmission.
History: 2010 c 317 s 7
146B.08 INVESTIGATION AND GROUNDS FOR DISCIPLINARY ACTION.
Subdivision 1. Investigations of complaints. The commissioner may initiate an
investigation upon receiving a signed complaint or other signed written communication that
alleges or implies that an individual or establishment has violated this chapter. According to
section 214.13, subdivision 6, in the receipt, investigation, and hearing of a complaint that alleges
or implies an individual or establishment has violated this chapter, the commissioner shall follow
the procedures in section 214.10.
Copyright 2010 by the Office of the Revisor of Statutes. State of Minnesota. All Rights Reserved.
13 MINNESOTA STATUTES 2010 146B.08
Subd. 2. Rights of applicants and licensees. The rights of an applicant denied licensure
are stated in section 146B.03, subdivision 5. A licensee may not be subjected to disciplinary
action under this section without first having an opportunity for a contested case hearing under
chapter 14.
Subd. 3. Grounds for disciplinary action. The commissioner may take any of the
disciplinary actions listed in subdivision 4 on proof that a technician or an operator of an
establishment has:
(1) intentionally submitted false or misleading information to the commissioner;
(2) failed, within 30 days, to provide information in response to a written request by the
commissioner;
(3) violated any provision of this chapter;
(4) failed to perform services with reasonable judgment, skill, or safety due to the use of
alcohol or drugs, or other physical or mental impairment;
(5) aided or abetted another person in violating any provision of this chapter;
(6) been or is being disciplined by another jurisdiction, if any of the grounds for the
discipline are the same or substantially equivalent to those under this chapter;
(7) not cooperated with the commissioner in an investigation conducted according to
subdivision 1;
(8) advertised in a manner that is false or misleading;
(9) engaged in conduct likely to deceive, defraud, or harm the public;
(10) demonstrated a willful or careless disregard for the health, welfare, or safety of a client;
(11) obtained money, property, or services from a client through the use of undue influence,
harassment, duress, deception, or fraud;
(12) failed to refer a client to a health care professional for medical evaluation or care
when appropriate; or
(13) been convicted of a felony -level criminal sexual conduct offense. "Conviction" means
a plea of guilty, a verdict of guilty by a jury, or a finding of guilty by a court.
Subd. 4. Disciplinary actions. If the commissioner finds that a technician or an operator
of an establishment should be disciplined according to subdivision 3, the commissioner may
take any one or more of the following actions:
(1) refuse to grant or renew licensure;
(2) suspend licensure for a period not exceeding one year;
(3) revoke licensure;
(4) take any reasonable lesser action against an individual upon proof that the individual
has violated this chapter; or
(5) impose, for each violation, a civil penalty not exceeding $10,000 that deprives the
licensee of any economic advantage gained by the violation and that reimburses the department
for costs of the investigation and proceedings resulting in disciplinary action, including the
amount paid for services of the Office of Administrative Hearings, the amount paid for services
of the Office of the Attorney General, attorney fees, court reporters, witnesses, reproduction of
records, department staff time, and expenses incurred by department staff.
Copyright 2010 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved.
14 MINNESOTA STATUTES 2010 146B.10
Subd. 5. Consequences of disciplinary actions. Upon the suspension or revocation of
licensure, the technician or establishment shall cease to:
(1) perform body art procedures;
(2) use titles protected under this chapter; and
(3) represent to the public that the technician or establishment is licensed by the
commissioner.
Subd. 6. Reinstatement requirements after disciplinary action. A technician who has
had licensure suspended may petition on forms provided by the commissioner for reinstatement
following the period of suspension specified by the commissioner. The requirements of section
146B.03 for renewing licensure must be met before licensure may be reinstated.
History: 2010 c 317 s 8
146B.09 COUNTY OR MUNICIPAL REGULATION.
Nothing in this chapter preempts or supersedes any county or municipal ordinance
relating to land use, building and construction requirements, nuisance control, or the licensing of
commercial enterprises in general.
History: 2010 c 317 s 9
146B.10 FEES.
Subdivision 1. Biennial licensing fees. (a) The fee for the initial technician Iicensure and
biennial Iicensure renewal is $100.
(b) The fee for temporary technician licensure is $100.
(c) The fee for the temporary guest artist license is $50.
(d) The fee for a dual body art technician license is $100.
(e) The fee for a provisional establishment license is $1,000.
(f) The fee for an establishment license is $1,000.
(g) The fee for a temporary body art establishment permit is $75.
(h) The commissioner shall prorate the initial two -year technician license fee and the
initial three -year body art establishment license fee based on the number of months in the initial
Iicensure period.
Subd. 2. Penalty for late renewals. The penalty fee for late submission for renewal
applications is $75.
Subd. 3. Deposit. Fees collected by the commissioner under this section must be deposited
in the state government special revenue fund.
History: 2010 c 317 s 10
Copyright 2010 by the Office of the Revisor of Statutes. State of Minnesota. All Rights Reserved.
EXCERPT OF DRAFT MINUTES
PLANNING COMMISSION REGULAR MEETING
MARCH 22, 2011
a. Text Amendment to Home Occupation Ordinance to Prohibit Tattoo Parlors in Individual
Residences (11 03 TA). Senior Planner Zweber stated the State has enacted a Statute to license
body art establishments (tattoo parlors and body piercing). The Statute includes standards to license
body art establishments in homes but also allows municipalities to adopt ordinances more restrictive
than the State Statute. Mr. Zweber stated that staff has initiated the text amendment to prohibit
body art establishments from the Home Occupation Ordinance.
Chairperson Ege asked if the state issues the license and then conducts periodic reviews of the in-
home business to insure it's operating correctly, why then would the city would have a health concern
with this particular use. Mr. Zweber responded that it is correct to say that the state will review the
establishment, but that staff's concern is whether or not this particular use is appropriate in the
residential zoning district. He stated that some uses should be separate from others and that there
would be no way the City would know whether or not the establishment was operating correctly. Also
staff is concerned with how close a proximity it would be to families.
Chairperson Ege stated that even if the business was located in the mall off of 151s Street, it would be
closer to homes than it possibly would be in a residence on a lot with acreage. Mr. Zweber stated that
was correct but while it may be proper in some locations, it may not be proper in others such as
within an apartment building with tenants next to each other. However, he further stated that it is up
to the Commission to make their recommendation.
Chairperson Ege then asked if the ordinance could be amended to allow tattoo parlors and body
piercing only in single family homes, possibly with extra acreage. Mr. Zweber stated that it could be
done but that it would not be an easy process since this standard applies to any residential district;
staff would have to look at individual residential districts to determine which districts the change
would apply to.
Chairperson Ege questioned staff's concern with the negative impacts such a business would have and
wondered if staff meant "negative connotations" instead. Mr. Zweber replied that there is a possibility
of negative health impacts in the event the business would not operate correctly.
Commissioner Kolodziejski asked whether or not an in -home beauty salon business could do body
piercing as part of their business. Mr. Zweber replied that the hair salon would need to have both
licenses for the hair salon and the body piercing. Commissioner Kolodziejski further asked if this
amendment did not pass, would an establishment apply with the city in order to have an in -home
business. Mr. Zweber replied that they would only have to apply with the state and the city may not
ever be aware of them unless they violated other standards in the current home occupation ordinance.
Commissioner Powell stated that according to the state statute, the business would have to have a
entrance separate from the living area and asked if that would be enough to discourage in -home
businesses of this type. Mr. Zweber stated that it could be difficult but not impossible to achieve a
separate entrance from the living area.
The public hearing was opened at 6:46p.m.
There were no public comments.
MOTION by Powell to close the public hearing. Second by Kolodziejski.
Ayes: 3. Nays: None. Motion approved. The public hearing was closed at 6:46p.m.
Chairperson Ege questioned why the Council decided not to proceed with the business license for
the tattoo parlor coming to Rosemount. Mr. Zweber stated the council felt the Department of
Health was more qualified to issue licenses to these types of establishments than city staff.
Commissioner Powell stated that with Section I. of the proposed text amendment, together with the
state statute, the restrictions seem to be quite stringent with respect to these types of businesses. He
questioned why the city would have to know of a home occupation in a benign situation with no
impact on the neighbors.
Chairperson Ege stated that the motion will be made to recommend the City Council
approve a text amendment to 11 -2 -16: Home Occupations to prohibit Body Art
Establishments and asked for a second.
Second by None. Motion failed.
Commissioner Kolodziejski stated he would rather send the motion to the Council without a
recommendation due to having outstanding issues with some of the ordinance requirements and no
public input.
MOTION by Kolodziejski to forward the text amendment to 11 -2 -16: Home Occupations
to prohibit Body Art Establishments to the City Council without a recommendation from
the Planning Commission.
Second by Powell with discussion.
Commission Powell stated that only 3 of the 5 Planning Commissioners were present to discuss this
item and with no public input, he offered a friendly amendment to Commissioner's Kolodziejski's
motion to table the item to the next Planning Commission meeting rather than forward it on to the
City Council without recommendation.
Commissioner Kolodziejski agreed that the item warrants further discussion and withdrew his
previous motion.
MOTION by Powell to table the text amendment to 11 -2 -16: Home Occupations to
prohibit Body Art Establishments to the Planning Commission meeting on April 26, 2011.
Second by Kolodziejski.
Before a vote was taken on the motion, Mr. Zweber stated that if the item was going to be tabled, he
wanted the Commission to let him know what method they wanted to use to try to gather public
input beyond the public hearing notification, and specifically what questions they had beyond staffs
potential health concerns. He further stated that on the day the public hearing notice was sent for
publishing, he received two calls: one from a resident in support of the prohibiting amendment; and
one from KSTP who was doing a story on this topic on their website. He stated that staff could
request the press to take a larger issue on this to possibly receive more public interest.
Chairperson Ege stated she is supportive of tabling the item although she understands that this was
a public hearing with the proper notice and no one was present. She stated that the Commission
can state the recommended action and officially not agree with staffs position or have the item
tabled to the next meeting with additional follow up and possibly a full panel.
Commissioner Kolodziejski stated he would like to know what other communities have experienced,
if they have this type of business in homes, and whether or not they have more restrictive rules.
Chairperson Ege asked Mr. Zweber if the City of Rosemount has experienced problems with this
type of business in the past. Mr. Zweber stated that if there has been a problem, the City has been
unaware of it. The City has not issued any licenses for in -home tattoo parlors.
Chairperson Ege asked whether or not in -home beauty salons are able to offer ear piercing. Mr.
Zweber replied only if they have the license from the state Department of Health that allows them
to do that and if the proposed text amendment is approved, no one would be able to pierce
someone's skin, aside from a medical reason, in an individual residence.
Chairperson Ege then asked what is deemed appropriate body piercing, even for the new business
moving into the C4 district. Mr. Zweber made a reference to the definitions within the state statute
of body art and body piercing, which definitions do not include legitimate medical reasons.
Commissioner Powell stated that the definition of body piercing in the state statute does not include
regular ear piercing.
A vote was taken on the motion on the floor. Ayes: 3. Nayes: None. Motion approved.
The item is tabled until the April 26, 2011, Planning Commission meeting.
EXCERPT OF DRAFT MINUTES
PLANNING COMMISSION REGULAR MEETING
APRIL 26, 2011
g. Text Amendment to Home Occupation Ordinance to Prohibit Tattoo Parlors in Individual
Residences (11 03 TA). Senior Planner Zweber stated this is a continuation of the public hearing
opened at the March 22, 2011 Planning Commission meeting. The Commission tabled the item to
obtain more information on what other communities have in their ordinances and possibly to
receive public comment.
The public hearing was re- opened at 8:53p.m.
There were no public comments.
MOTION by Ege to close the public hearing. Second by Demuth.
Ayes: 7. Nays: None. Motion approved. The public hearing was closed at 8:54p.m.
Chairperson Ege stated she had called the Department of Health and they informed her that
whether the business is in a house or retail mall, they are licensed and trained numerous hours that a
tattoo artist needs to obtain. Also, the State will do annual audits, spot checks, and the license needs
to posted in place of business. Chairperson Ege stated she has no objection to a tattoo business
being within a home with it being monitored in this manner by the Department of Health.
Commissioner Miller asked staff for background on this item. Chairperson Ege stated that if the
rules are being followed, she doesn't believe the City would need to know of the business and if
there would be a violation, staff could address it at that time. Commissioner DiNella was unaware
that businesses were allowed in residences. Mr. Zweber stated that businesses are allowed in
residences if the home occupation standards are followed, i.e. no signage, no additional parking.
Commissioner DiNella stated he was against businesses being allowed within residences.
Commissioner DeMuth stated she had no opposition if the business follows the rules and
regulations. Commissioner Irving stated he saw no need to regulate the business.
Chairperson Ege asked if any Commissioner wanted to make a motion.
MOTION by Kolodziejski to recommend the City Council approve the text amendment to
11 -2 -16: Home Occupations to prohibit Body Art Establishments.
Ayes: 0. Nayes 7. Motion failed.
Chairperson Ege asked Mr. Zweber for follow -up on the item and Mr. Zweber stated the
Commission should present the City Council with an approved motion even if it is one that denies
the text amendment.
MOTION by Miller to recommend the City Council deny the text amendment to 11 -2 -16:
Home Occupations to prohibit Body Art Establishments.
Second: DiNella
Ayes: 7. Nayes 0. Motion approved.
Mr. Zweber stated this item will go before the City Council on May 17, 2011.