Section
114.01
Definitions
114.02
Prohibitions
114.03
Application for
license; fees; issuance
114.04
Inspection of
facilities
114.05
Suspension or
revocation of license
114.06
Consent for
performing procedures on persons under 18
114.07
Prohibitions relating
to persons under 18
114.08
Defenses to
violations
114.09
Training
standards; records; safety and sanitation; equipment
§ 114.01 DEFINITIONS.
For the purpose of this chapter, the
following definitions shall apply unless the context clearly indicates or
requires a different meaning.
BOARD OF HEALTH. A Board of Health established under the
provisions of M.S. § 145A.03, as it may be amended from time to time. If the city does not have a Board of Health,
then this term means the authority having the duties of a Board of Health in
the city, including but not limited to the County Board of Health.
BODY PIERCING. Includes ear
piercing except when the ear piercing procedure is performed with an ear
piercing gun.
BUSINESS. Any entity
that provides services for compensation.
EAR PIERCING GUN. A mechanical
device that pierces the ear by forcing a disposable single-use stud or solid
needle through the ear.
PARENT or GUARDIAN. Parent, guardian or other adult person having
the primary care or custody of the minor.
TATTOO. Has the same meaning given in M.S.
§ 609.2246, Subd. 2, as it may be amended from time to time.
§ 114.02 PROHIBITIONS.
No person shall do any of the
following:
(A) Operate a business that offers
tattooing or body piercing services unless the City Council issues it a license
to do so;
(B) Perform a tattooing or body
piercing procedure in a manner that does not meet the safety and sanitation
standards established by this chapter and any federal, state or local laws,
rules or regulations;
(C) Perform a tattooing procedure, body
piercing procedure, or ear piercing procedure with an ear piercing gun in a
manner that does not meet the standards for appropriate disinfection and
sterilization of invasive equipment or parts of equipment used in performing
the procedures established by this chapter and any federal, state or local
laws, rules or regulations.
Penalty, see § 10.99
§ 114.03 APPLICATION FOR LICENSE; FEES; ISSUANCE.
(A) A person seeking approval to
operate a business that offers tattooing or body piercing services shall apply
to the city on forms the city or the Board of Health shall prescribe and
provide. The applicant shall submit all
information the city and the Board of Health determines is necessary to process
the application. The applicant shall
include the fee established under the city's Ordinance Establishing Fees and
Charges authorized by § 30.11 as it may be amended from time to time, or
as established by the Board of Health.
(B) To receive approval to offer
tattooing or body piercing services, a business must demonstrate to the Board
of Health the ability to meet the requirements established by this chapter and
any federal, state or local laws, rules or regulations for safe performance of
the tattooing or body piercing procedures, training of the individuals who
perform the procedures, and maintenance of records.
(C) If the Board of Health determines,
following an inspection conducted under § 114.04, that a business meets
the requirements for approval, it shall so advise the city. The City Council may either approve or deny
the license, or it may delay action for a reasonable period of time as
necessary to complete any investigation of the application or the applicant it
deems necessary. If the City Council
shall approve the license, the City Clerk shall issue the license to the
applicant. If the City Council denies
the license, notice of the denial shall be given to the applicant along with
notice of the applicant's right to appeal the City Council's decision. Approval remains valid for one year unless
earlier suspended or revoked under § 114.05. A business's approval may be renewed. Approval is not transferable.
Penalty,
see § 10.99
§ 114.04 INSPECTION OF FACILITIES.
The Board of Health, or a person or
another body designed by the city, shall conduct at least one inspection of a
business prior to approving the business under § 114.03 to offer tattooing
or body piercing services. The Board may
conduct additional inspections as necessary for the approval process. The Board of Health may inspect an approved
business at any time the Board considers necessary. In an inspection, the Board of Health shall
be given access to the business's premises and to all records relevant to the
inspection.
Penalty, see § 10.99
§ 114.05 SUSPENSION OR REVOCATION OF LICENSE.
The City Council may suspend or revoke
the approval of a business to offer tattooing or body piercing services at any
time it determines that the business is being operated in violation of this
chapter or any federal, state or local laws, rules or regulations. Proceedings for suspensions and revocations
shall be conducted in accordance with rules adopted in Chapter 110 for the
suspension or revocation of business licenses.
§ 114.06 CONSENT FOR PERFORMING PROCEDURES ON PERSONS
UNDER 18.
(A) No person shall perform a tattooing
procedure, body piercing procedure, or ear piercing procedure with an ear
piercing gun on an individual who is under 18 years of age unless consent has
been given by the individual's parent, guardian, or custodian in accordance
with division (B) of this section. The
consent must include both the custodial and non-custodial parents, where
applicable.
(B) A parent, guardian or custodian of
an individual under age 18 who desires to give consent to a business to perform
on the individual under age 18 a tattooing procedure, body piercing procedure,
or ear piercing procedure performed with an ear piercing gun shall do both of
the following:
(1) Appear in person at the
business at the time the procedure is performed;
(2) Sign a document provided by
the business that explains the manner in which the procedure will be performed
and methods for proper care of the affected body area following performance of
the procedure.
Penalty, see § 10.99
§ 114.07 PROHIBITIONS RELATING TO PERSONS UNDER 18.
(A)
(1) unless consent has been given in accordance with § 114.06, no
individual who is under age 18 shall obtain or attempt to obtain a tattooing
service, body piercing service, or ear piercing service performed with an ear
piercing gun.
(2) No individual who is under
age 18 shall knowingly show or give false information concerning the
individual's name, age, or other identification for the purpose of obtaining a
tattooing service, body piercing service, or ear piercing service performed
with an ear piercing gun.
(B)
(1) No individual shall knowingly show or give any false information as
to the name, age, or other identification of an individual who is under age 18
for the purpose of obtaining for the individual under age 18 a tattooing
service, body piercing service, or ear piercing service performed with an ear
piercing gun.
(2) No individual shall
impersonate the parent, guardian or custodian of an individual who is under age
18 for the purpose of obtaining for the individual under age 18 a tattooing
service, body piercing service, or ear piercing service performed with an ear
piercing gun.
Penalty, see § 10.99
§ 114.08 DEFENSES TO VIOLATIONS.
(A) An operator or employee of a
business that performs tattooing services, body piercing services, or ear
piercing services performed with an ear piercing gun may not be found guilty of
a violation of § 114.06(A) or any federal, state or local laws, rules or
regulations in which age is an element of the provisions if:
(1) The individual obtaining a tattooing
service, body piercing service, or ear piercing service performed with an ear
piercing gun, at the time of so doing, exhibited to the operator or employee of
the tattooing, body piercing, or ear piercing business a driver's or commercial
driver's license or an identification card issued under state law showing that
the individual was then at least age 18;
(2) The operator or employee
made a bona fide effort to ascertain the true age of the individual obtaining a
tattooing, body piercing, or ear piercing service by checking the
identification presented, at the time of the service, to ascertain that the
description on the identification compared with the appearance of the
individual and that the identification had not been altered in any way; and
(3) The operator or employee had
reason to believe that the individual obtaining a tattooing, body piercing, or
ear piercing service was at least age 18.
(B) In any action or proceeding before
a court of record in which a defense is raised under this section, the
Registrar of Motor Vehicles or the Registrar's Deputy who issued a driver's or
commercial driver's license or an identification card shall be permitted to
submit certified copies of the records, in the Registrar's or Deputy's
possession, of the issuance in lieu of the testimony of the personnel of the
Bureau of Motor Vehicles at the hearing, action or proceeding.
§ 114.09 TRAINING STANDARDS; RECORDS; SAFETY AND
SANITATION; EQUIPMENT.
(A) Each operator of a business that
offers tattooing or body piercing services shall do all of the following:
(1) Maintain procedures for
ensuring that the individuals who perform tattooing or body piercing procedures
are adequately trained to perform the procedures properly;
(2) With respect to tattooing
services, maintain written records that include the color, manufacturer and lot
number of each pigment used for each tattoo performed;
(3) Comply with the safety and sanitation
requirements for preventing transmission of infectious diseases, as established
in any federal, state or local laws, rules or regulations;
(4) Require the individuals who
perform tattooing and body piercing procedures to disinfect and sterilize all
invasive equipment or parts of equipment used in performing the procedures by
using methods that meet the disinfection and sterilization requirements
established in any federal, state or local laws, rules or regulations;
(5) Ensure that weekly tests of the
business's heat sterilization devices are performed to determine whether the
devices are functioning properly. In
having the devices tested, the operator of the business shall use a biological
monitoring system that indicates whether the devices are killing
microorganisms. If a test indicates that
a device is not functioning properly, the operator shall take immediate
remedial action to ensure that heat sterilization is being accomplished. The operator shall maintain documentation
that the weekly tests are being performed.
To comply with the documentation requirement, the documents must consist
of a log that indicates the date on which each test is performed and the name
of the person who performed the test or, if a test was conducted by an
independent testing entity, a copy of the entity's testing report. The operator shall maintain records of each
test performed for at least two years.
(B) Each operator of a business that offers
ear piercing services performed with an ear piercing gun shall require the
individuals who perform the ear piercing services to disinfect and sterilize
the ear piercing gun by using chemical solutions that meet the disinfection and
sterilization requirements established in any federal, state or local laws,
rules or regulations.
Penalty, see § 10.99