HomeMy WebLinkAbout2010-10-06 PACKET 04.B.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA
MEETING ITEM #
DATE 10/6/2010 °
PREPARED BY City Clerk Caron Stransky
ORIGINATING DEPARTMENT DEPARTMENT HEAD
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COUNCIL ACTION REQUEST
Consider passing an ordinance repealing Title 3 Chapter 12 of the Cottage Grove City Code
relating to Tattoo and Body Piercing, effective 1/1/2011.
STAFF RECOMMENDATION
Pass the ordinance. Recent legislation passed by the State of Minnesota gives the Minnesota
Department of Health licensing authority over these business activities.
SUPPORTING DOCUMENTS
® MEMO /LETTER: Memo from Neil Belscamper.
❑ RESOLUTION:
® ORDINANCE: Draft.
❑ ENGINEERING RECOMMENDATION:
❑ LEGAL RECOMMENDATION:
❑ OTHER:
ADMINISTRATORS COMMENTS
City Administrator Date
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COUNCIL ACTION TAKEN: APPROVED ❑ DENIED ❑ OTHER
CADocuments and Settings \nbelscamper.CITYHALL \Desktop \Tattoo & Body Art.docx
City of
Cottage Gr ov e
•
To:
Honorable Mayor and City Council Members
From:
Neil Belscamper, Administrative Assistant
Date:
9/22/2010
Subject:
Tattoo and Body Art Business Licensure
Background
In 2007 an individual contacted the City of Cottage Grove indicating he was interested in
opening a Tattoo /Body Art studio in the City. At the time neither the State of Minnesota nor the
City of Cottage Grove regulated these types of businesses. As a result the City Council passed
Ordinance No. 829 requiring licensure of Tattoo and Body Art Establishments. The findings
and purpose of the ordinance generally related to heath concerns and disease control.
In 2010 the State of Minnesota passed legislation establishing a regulation system for
technicians performing body art procedures and for body art establishments. These regulations
are administered through the Minnesota Department of Health, and all technicians and
establishments must be licensed no later than 1/1/2011. Cities may no longer regulate
technicians, however, they may continue to regulate establishments in lieu of state licensure
provided the local ordinance requirements are at least as stringent as state requirements. If the
City were to continue licensing tattoo and body art establishments at a local level we would
need to review and most likely amend our City Code to bring it up to the state regulations. It
seems to make the most sense to repeal our local ordinance and allow the Minnesota
Department of Health to regulate licensing of both body art technicians and establishments.
We will continue to enforce zoning, building and construction requirements and nuisance
control regulations of these establishments the same as with any other establishment. City
Clerk Stransky and Public Safety Director Woolery agree with this approach. There is currently
only one tattoo /body art establishment in the City. The owner has been contacted and is aware
of this agenda request and the new state licensing requirements.
Recommendation
Pass the ordinance repealing Title 3 Chapter 12 of the Cottage Grove City Code relating to
tattoo and body piercing effective 1/1/2011.
AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA,
REPEALING TITLE 3 CHAPTER 12 OF THE COTTAGE GROVE
CITY CODE RELATING TO TATTOO AND BODY PIERCING
The City Council of the City of Cottage Grove, Washington County,
Minnesota, does hereby ordain as follows:
SECTION 1. AMENDMENT 'The Code of the City of Cottage Grove,
County of Washington, State of Minnesota," shall be amended by repealing Title
3 Chapter 12 in its entirety.
SECTION 2. EFFECTIVE DATE This ordinance shall be in full force and
effect on January 1, 2011 after its passage and publication according to law.
Passed this 6th day of October 2010.
Myron Bailey, Mayor
Attest:
Caron M. Stransky, City Clerk
Published in the South Washington County Bulletin on October 20, 2010.