[HISTORY: Adopted by the City Council of the City of Roseville 2-23-1993
by Ord. No. 1029 (Ch. 302 of the 1984 Code). Amendments noted
where applicable.]
This chapter shall be known and cited as the "Tattoo Parlor Ordinance
of the City of Roseville" and will be referred to herein as "this chapter."
Unless particular provisions of the context otherwise require, the definitions
and provisions contained in this section shall govern the construction, meaning
and application of words and phrases used in this chapter:
Any person over 18 years of age, who renders any service in connection
with the operation of a tattoo parlor and receives compensation from the operator
of the parlor or patrons.
[Amended 4-24-2007 by Ord. No. 1207]
A person who owns or controls or who has the duty to control the
operations of a tattoo parlor. This includes individuals, licensees, managers,
lessees, sponsors, partnerships, corporations, societies, organizations, associations
or any combination of the individuals of whatever form or character.
Any person over 18 years of age who receives a tattoo under such
circumstances that it is reasonably expected that he or she will pay money
or give any other consideration therefor.
Any person who performs tattooing.
The creation of indelible mark or figure upon the human body by insertion
of pigment into or under the skin or by the production of scars.
Any place where establishment for a tattoo as defined in this chapter
is made available.
[Amended 4-24-2007 by Ord. No. 1207]
No owner/operator or employee and/or independent contractor shall engage
in or carry on the operation of a tattoo parlor unless he or she has a valid
tattoo business license issued by the City pursuant to provisions of this
chapter for each and every separate office or place of business conducted
by such owner/operator.
[Amended 4-24-2007 by Ord. No. 1207]
Any owner and/or operator or employee and/or independent contractor
desiring a tattoo business license shall file a written application with the
Police Chief on a form to be furnished by the Police Chief. The applicant
shall accompany the application with a tender of the correct license fee as
hereinafter provided, which fee shall not be refundable, and shall, in addition,
furnish the following information:
A.
The type of ownership of the business, for example, whether
individual, partnership, corporation or otherwise.
B.
The name, style and designation under which the business
or practice is to be conducted.
C.
A complete list of the names and resident addresses of
all employees in the business and the name and resident address of the manager
or other person principally in charge of the operation of the business.
D.
The following personal information concerning the applicant,
if an individual; and concerning each stock holder holding more than 10% of
the stock of the corporation, each officer and each director, if the application
of a corporation; and concerning the partners, including limited partnership;
and concerning the manager or other person principally in charge of the business:
(1)
Name, complete residence address and telephone numbers.
(2)
The two previous addresses immediately prior to the present
address of the applicant.
(3)
Written proof of age.
(4)
Height, weight, color of hair and eyes and sex.
(5)
Two front face portrait photographs taken within 30 days
of the date of the application and at least two inches by two inches in size.
(6)
The tattoo or similar business history and experience,
including but not limited to whether or not such person, in previously operating
in this or another City or state under license or permit, has had such license
or permit denied, revoked or suspended, the reason therefor and the business
activities or occupations subsequent to such actions of denial, suspension
or revocation.
(7)
All criminal convictions other than misdemeanor traffic
violations, fully disclosing the jurisdiction in which convicted and the circumstances
thereof.
(8)
A complete set of fingerprints taken and to be retained
on file by the Chief of Police or authorized representative.
E.
Such other information, identification and physical examination
of the person as shall be deemed necessary by the Police Chief to discover
the truth of the matters hereinafter required to be set forth in the application.
F.
Authorization for the City, its agents and employees
to seek information and conduct investigation into the truth of the statements
set forth in the application and the qualifications of the applicant for the
permit.
G.
The names and addresses of three adult residents of the
county who will serve as character references. These references must be persons
other than relatives and business associates.
H.
A written declaration by the applicant, under penalty
of perjury, that the forgoing information contained in the application is
true and correct, said declaration being duly dated and signed in the City.
Upon receiving the application for a tattoo business license, the Police
Chief shall conduct an investigation into the applicant's moral character
and personal and criminal history. The Police Chief may, in his or her discretion,
require a personal interview of the applicant and such further information,
identification and physical examination of the person that shall bear on the
investigation.
Any applicant for a tattoo business license shall submit to lawful inspections
by the Department of Buildings and Inspection, Police Department, Fire Department
and such other departments as may be necessary to ensure that the proposed
business and applicant comply with all applicable ordinances and regulations
of the City. The Roseville Police Chief may refuse to submit any application
for approval to the Roseville City Council until receipt of inspection reports
from the department requested.
Before the Roseville Police Chief shall issue any license under this
chapter, he or she shall first submit, within 45 days of the receipt of an
application, said application with a report of investigations and inspections
and his or her recommendations to the Roseville City Manager.
The Roseville City Manager, upon receipt of an application, reports
and recommendations of the Roseville Police Chief shall place said application
for license upon the agenda for the next regularly scheduled council meeting;
provided, however, that said meeting is not less than six days from the date
of receipt of said application by the City Manager, and in the event that
it is less than six days, an application shall be placed upon the agenda for
the following meeting of the City Council.
The Roseville City Council shall determine whether or not said license
shall be issued after reviewing the reports of investigations and inspections
and the recommendation of the Police Chief and other code enforcement officers,
and the Roseville City Council shall direct the Roseville Police Chief to
issue a tattoo business license within 14 days, unless it finds that:
A.
The correct license fee has not been tendered to the
City and, in the case of a check or bank draft, honored with payment upon
presentation.
B.
The operation as proposed by the applicant, if permitted,
would not comply with all applicable laws, including but not limited to the
City's building, fire, zoning and health ordinances.
C.
The applicant, if an individual; or any of the stockholders
holding more than 10% of the stock of the corporation and any of the officers
and directors if the applicant is a corporation; or any of the partners including
limited partners if the applicant is a partnership; and the manager or other
person principally in charge of the operation of the business, have been convicted
of any crime involving dishonesty, fraud or deceit, unless such conviction
occurred at least five years prior to the date of the application.
D.
The applicant has knowingly made any false, misleading
or fraudulent statement of fact on the permit application or any document
required by the City in conjunction therewith.
E.
The applicant has had a tattoo business or other similar
permit or license denied, revoked or suspended for any of the above causes
by the City or any other state or local agency within five years prior to
the date of the application.
F.
The applicant, if an individual; or any of the officers
and directors, if the applicant is a corporation; or any of the partners,
including limited partners, if the applicant is a partnership; and the manager
or other persons principally in charge of the operation of the business, is
not over the age of 18 years.
A.
Revocation. Any license issued under this chapter may
be revoked by the City Council upon written notice from the Police Chief or
other code enforcement officials for any of the following causes:
(1)
Fraud, misrepresentation or false statement contained
in the application.
(2)
Violation of any provisions of this chapter or any other
ordinance of the City of Roseville.
(3)
Conviction by the applicant, owner, manager or other
person principally in charge of the operation of the business of any crime
involving dishonesty, fraud or deceit.
B.
Denial. In the event that the Roseville City Council
shall deny an application, it shall specify the particular grounds for such
denial and shall direct the City Attorney to notify the applicant by regular
mail, addressed to the applicant at the address shown on the application.
Said notice shall specify the grounds for which said application is denied.
Within 20 days of the date of revocation or denial of any application
for a tattoo business license, said applicant may request, in the form of
a written application to the Roseville City Manager for a hearing before the
Roseville City Council, reconsideration of this application for license or
for a variance of any of the provisions or requirements of any ordinance,
the violation of which constitute a grounds for the original revocation or
denial of the application.
At said hearing, the applicant and his or her attorney may present and
may submit evidence on the applicant's behalf to show that the grounds
for the original revocation or denial no longer exist.
After reviewing an applicant's evidence, the City Council shall
determine whether to sustain the revocation, sustain the denial or grant the
application for license.
At said hearing, the applicant and his or her attorney may present a
statement and adequate evidence showing that:
A.
There are exceptional or extraordinary circumstances
or conditions applying to the proposed tattoo parlor referred to in the appeal
application submitted to the Roseville City Manager, which circumstances or
conditions do not apply generally to any proposed tattoo parlor.
B.
The granting of such tattoo business license will not,
under the circumstances of the particular case, materially affect adversely
the health, safety or welfare of the persons residing or working in the neighborhood
or attending any tattoo parlor and will not, under the circumstances of the
particular case, be materially detrimental to the public welfare or injurious
to the immediate neighborhood or the City at large.
In all cases where the Roseville City Council shall grant a variance
of any provision or requirement of this chapter, the Roseville City Council
shall find that the granting of the variance under such conditions as the
Roseville City Council may deem necessary or desirable to apply thereto will
be in harmony with the general purpose and intent of this chapter and that
it will not be injurious to the neighborhood or otherwise detrimental to the
public welfare.
Every licensee/applicant under this chapter shall permit all reasonable
inspections of the business premises and shall at all times comply with the
laws and regulations applicable to such business premises and shall refrain
from operating the licensed business on the premises after the expiration
of said license and during the period the license may be revoked or suspended.
The Department of Buildings and Inspection shall promulgate regulations
to be followed for the sterilization of instruments and needles used in the
tattoo process. The sterilizing equipment must be maintained in the proper
sanitary manner and be at all times in proper working order. No tattooing
shall be performed unless the tattooing equipment and materials have been
sterilized before attempting to tattoo each customer.
[Amended 4-24-2007 by Ord. No. 1207]
The tattoo licensee/applicant shall display the license in an open and
conspicuous place on the premises of the tattoo business.
If, while any application for a tattoo business license is pending or
during the term of any license granted hereunder, there is any change in fact,
policy or method which would alter the information provided in such application,
the applicant/licensee shall notify the Roseville Police Chief thereof, in
writing, within 72 hours after such change.
[Amended 7-27-1999 by Ord. No. 1125]
The annual fee for a tattoo business shall be as provided in Chapter 133, Fees.
All licenses granted under the provisions of this chapter shall expire
on February 1 on each and every year.
Every person who operates a tattoo business or provides a tattoo shall
at all times keep an appointment book in which the name, age and address of
each and every patron shall be entered, together with the time, date and place
of service and the service provided. Such appointment book shall be available
at all times for inspection by the Police Chief or authorized representatives,
and said appointment book shall be kept on file for one year from the date
of the last entry therein.
No tattoo business license is transferable, separate or divisible, and
such authority as a license confers shall be conferred only on the licensee
named therein.
All premises used by the licensee hereunder shall be periodically inspected
by the Police Chief, Director of Buildings and Inspection or Fire Chief or
their authorized representatives for the safety of the structure and adequacy
of the plumbing, ventilation, heating and illumination. The following minimum
standards shall be maintained:
A.
Walls shall be clean and painted with washable, mold-resistant
paint in all rooms.
B.
Floors shall be free from any accumulation of dust, dirt
or refuse.
C.
All equipment used in the tattoo operation shall be maintained
in a clean and sanitary condition.
D.
Towels, linen and items for personal use of tattoo operators
and patrons shall be clean and freshly laundered. Towels, cloths and sheets
shall not be used for more than one patron. Heavy, white paper may be substituted
for sheets, provided that such paper is changed for every patron.
[Amended 7-27-1999 by Ord. No. 1125]
Toilet facilities shall be provided in convenient locations and shall comply with the Plumbing Code of the City or Roseville as provided in Chapter 221, Plumbing Standards.
Lavatories or wash basins provided with both hot and cold running water
shall be installed in either the toilet room or vestibule. Lavatories or wash
basins shall be provided with soap in a dispenser and sanitary towels.
The skin of the hands of those attending patrons shall be clean and
in healthy condition and the nails shall be kept short. The hands shall be
washed thoroughly before giving the patron any attention.
No person shall permit any person under the age of 18 years to come
or remain on the premises of any tattoo business establishment, as tattoo
operator, employee or patron, unless such person is on the premises on lawful
business.
No person shall sell, give, dispense, provide or keep or cause to be
sold, given, dispensed, provided or kept any alcoholic beverage on the premises
of any tattoo business.
The Roseville Police Chief or Roseville City Manager shall establish
reasonable administrative procedures necessary to the operation and enforcement
of this chapter.
[Amended 7-27-1999 by Ord. No. 1125; 4-24-2007
by Ord. No. 1207]
Every person except those persons who are specifically exempted by this chapter whether acting as an individual, owner, employee of the owner, independent contractor, operator or employee of the operator or whether acting as a mere helper for the owner, employee or operator or acting as a participant or worker in any way, who gives a tattoo or conducts a tattoo establishment without first obtaining a permit, and paying a license fee to do so, from the City of Roseville, or who shall violate any of the provisions of this chapter shall, upon conviction, be punished as provided in Chapter 1, General Provisions, Article I.
