Editor's Note: Former Chapter 640, Tattooing, Body Piercing
and Branding Regulations, containing Sections 640.010 through 640.310,
was repealed 2-21-2023 by Ord. No. 3631. Former history includes: Ord. No. 2823.
[Ord. No. 3631, 2-21-2023]
A.
Any
City special use permit or City business license issued to an operator,
as defined under Missouri Regulations 20 CSR 2267-1.010, shall be
subject to suspension or revocation by the City for violation of any
provision of the City Code, the Revised Statutes of Missouri, or the
Missouri Code of State Regulations or for any grounds that would warrant
the denial or issuance of such permit or license in the first place.
The City, upon such revocation or suspension, shall state the reasons
in writing, specifying the particular grounds for such revocation
or suspension.
B.
Any
permit holder may appeal a revoked permit to the Board of Aldermen.
The accused shall have the right to be represented by an attorney,
to present evidence and to testify on his/her own behalf. The hearing
shall be held in public at a regular or special meeting of the Board
of Aldermen. If suspension or revocation of the license occurs, no
license fee shall be refunded.
[Ord. No. 3631, 2-21-2023]
A.
No
person, firm, partnership, association or corporation shall operate
a tattooing, body piercing and branding establishment without first
having obtained a business license issued by the City of Harrisonville.
Such license shall only be granted after the operator, as defined
under 20 CSR 2267-1.010, meets the City Code requirements to obtain
a business license and provides written proof to the City that they
have a current Missouri State license for such business establishment
as required under Sections 324.520 to 324.524, RSMo., and the Missouri
Code of State Regulations promulgated thereunder. As part of the business
license application the operator shall submit a completed Missouri
State Highway Patrol request for criminal records check form. It is
unlawful to conduct such a business unless the license issued is current,
unrevoked and not suspended.
B.
It
shall be further unlawful for any person, organization or company
within the City limits to participate directly or indirectly in or
for the operation of business activity under a different name or designation
than those herein specified but for the purpose of carrying out activity
or activities defined in Sections 324.520 to 324.524, RSMo., or the
regulations promulgated thereunder.
[Ord. No. 3631, 2-21-2023]
In addition to any enforcement by the State of Missouri under its Statutes or regulations, it shall be the duty and responsibility of the City Administrator, Harrisonville Police Department, City Clerk and/or the Community Development Director to enforce these Sections of Chapter 640. When, on the basis of a complaint, personal observation and/or other information, an authorized enforcement official reasonably suspects that a violation has occurred, it is the applicant's responsibility to cooperate with the investigating official(s).
[Ord. No. 3631, 2-21-2023]
A.
In addition to any actions taken or penalties imposed by the State of Missouri pursuant to Sections 324.520 to 324.524, RSMo., or the Missouri Code of State Regulations promulgated thereunder, or by the City pursuant to other sections of the City Code, the City may take the following actions with respect to any violation under this Chapter 640:
1.
Any person who violates the provisions of this Chapter shall be guilty
of a municipal offense and, upon conviction, shall be punished by
a fine as established in the City's Comprehensive Schedule of Fees[1] or by imprisonment for not more than ninety (90) days,
or shall be both so fined and imprisoned. In addition, any violation
of this Chapter shall be grounds for the City to revoke any or all
licenses or permits issued by the City.
[Ord. No. 3650, 5-1-2023]
[1]
Editor's Note: The Comprehensive Schedule of Fees is on file
in the City offices.
2.
Each violation of this Chapter, Sections 324.520 to 324.524, RSMo.,
or the Missouri Code or State Regulations promulgated thereunder shall
be considered a separate offense and any violation continuing more
than one (1) day shall be considered a separate offense for each day
of violation.
3.
The conduct of any business within the City in violation of any of
the terms of this Chapter, Sections 324.520 to 324.524, RSMo., or
the Missouri Code of State Regulations promulgated thereunder is hereby
found and declared to be a public nuisance and the City Attorney may,
in addition to or in lieu of prosecuting a criminal action hereunder,
commence an action or proceeding for the abatement, removal and enjoinment
thereof in the manner provided by law and shall take other steps and
shall apply to such courts as may have jurisdiction to grant such
relief as will abate or remove such establishment and restrain and
enjoin any person from conducting, operating or maintaining a tattooing
and body piercing establishment contrary to the provisions of this
Chapter, Sections 324.520 to 324.524, RSMo., or the Missouri Code
of State Regulations promulgated thereunder.
