HomeMy WebLinkAbout6.c. Ordinance Repealing Title 3, Chapter 9 of the Rosemount City CodeAGENDA ITEM: Ordinance Repealing Title 3, Chapter 9
of the Rosemount City Code
AGENDA SECTION:
Consent
PREPARED BY: Gary Kalstabakken, Chief of Police
Amy Domeier, City Clerk
AGENDA NO
ATTACHMENTS: Draft Ordinance
APPROVED BY:
osi)
RECOMMENDED ACTION: Motion to Adopt an Ordinance 2011 -02 an
Ordinance Repealing Title 3, Chapter 9 of the Rosemount City Code.
4 ROSEMOUNT
CITY COUNCIL
City Council Regular Meeting: February 15, 2011
EXECUTIVE SUMMARY
ISSUE
During the last legislative session a bill was introduced that would provide statewide licensing of tattoo and
body piercing professionals. Effective January 1, 2011 body art technicians must have a state- issued
license to perform either tattooing or piercing. In addition, each establishment must be licensed.
However, if the establishment is licensed by a municipal or county agency, it may be exempt from the state
requirement if the provisions of the ordinance meet or exceed provisions of the new law.
Staff received an application for tattoo and /or body piercing establishment license and personal service
license on December 7, 2010. The applicant submitted the requirement paperwork along with the
necessary background investigation and licensing fees. The Police Department conducted a full
background check on the applicant and found that the applicant met the requirements for licensure by the
City.
The applicant applied for an exemption from the State after receiving approval from the City. City staff
received notification from the Minnesota Department of Health "MDH that the City ordinance did not
meet or exceed the provisions of the new law. Therefore, staff is requesting that the City Council repeal
its current ordinance and allow the State to regulate tattoo and body piercing. This would result in the City
having one fewer activity to regulate and enforce. The MDH would handle mailing all application packets
to the known establishments in Rosemount each year.
The purpose of the ordinance repeal is only to address the licensing of such establishments and operators.
The location of the tattoo parlors is covered separately in the zoning ordinance. Tattoo parlors are
currently allowed in the C -3 and C -4 zoning districts and as a home occupation if the standards are met. If
the Planning Commission decides to change the zoning regulations it will be discussed separately by the
Commission.
RECOMMENDATION
Staff recommends adopting draft Ordinance 2011 -02 which will repeal the entire section in City Code
related to the regulation of Tattoo and Body Piercing Establishments.
A 1"1'EST:
Amy Domeier, City Clerk
379880v1 CLL RS215 -1
CITY OF ROSEMOUNT
COUNTY OF DAKOTA
STATE OF MINNESOTA
ORDINANCE NO. 2011-02
ORDINANCE REPEALING TITLE 3, CHAPTER 9 OF THE
ROSEMOUNT CITY CODE
THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS as follows:
Section 1. Title 3, Chapter 9, of the Rosemount City Code is repealed in its entirety.
Section 2. This ordinance shall be in effect following its passage and publication.
Adopted this 15 day of February, 2011, by the City Council of the City of Rosemount, Minnesota.
William H. Droste, Mayor
Published in the Rosemount Town Pages the day of 2011.