[Ord. No. 303 §§1 —
3, 3-21-1977]
A.
Definition. For the purpose of this Section, a "recreational
center" shall be defined as any parlor, hall, room or other
commercial amusement place open to public patronage.
B.
Hours. The hours of operation of a recreational center shall
be only as follows:
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Monday through Thursday
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8:00 A.M. until 10:00 P.M.
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Friday and Saturday
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8:00 A.M. until 11:30 P.M.
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Sunday
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2:00 P.M. until 6:00 P.M.
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[Ord. No. 982-2004 §§A
— B, 2-2-2004]
A.
In
the interest of public safety, the following provisions shall apply
to soliciting or peddling in the traveled portion of roadways or raised
islands at the 92 and 33 Highway intersection. These provisions shall
not apply to soliciting or peddling in the right-of-way conducted
pursuant to a special event in which the City has blocked vehicular
traffic from the right-of-way for the special event.
1.
Any solicitor soliciting directly to occupants of motor vehicles
in the traveled portion of public roadways or raised islands at the
92 and 33 Highway intersection shall have submitted to the City of
Kearney and Police Department a certificate of liability insurance
naming the City of Kearney an additional insured in the amount of
two million dollars ($2,000,000.00), combined single limit.
2.
It shall be unlawful for any solicitor to solicit in the right-of-way
except from dawn to dusk.
3.
It shall be unlawful for any solicitor to solicit the occupant of
a vehicle in the traveled portion of public roadways or raised islands
at the 92 and 33 Highway intersection, unless the vehicle has come
to a complete stop.
4.
It shall be unlawful for any person under the age of thirteen (13)
to solicit in the right-of-way at the intersection of Highway 92 and
33, unless accompanied by at least one (1) person over the age of
eighteen (18).
5.
It shall be unlawful for any person age thirteen (13) to seventeen
(17) to solicit in the traveled portion of public roadways or raised
islands at the 92 and 33 Highway intersection, unless accompanied
by at least one (1) person over the age of eighteen (18).
B.
Any
person violating the provisions of this Section shall upon conviction
be fined a sum not in excess of two hundred fifty dollars ($250.00).
[Ord. No. 1146-2010 §1, 8-16-2010; Ord.
No. 1499-2022, 9-19-2022]
No person shall either by himself/herself or through the use
of agents or servants, partnership, association of person or corporation
shall operate a body art establishment without procuring a body art
establishment permit from the City authorizing such activity. No person
shall perform body art except in a permitted body art establishment.
The number of licenses shall be limited to one (1) per five thousand
(5,000) population as determined by the US Census Bureau annual population
estimate.
[Ord. No. 1499-2022, 9-19-2022]
This Chapter shall be interpreted so as to be in conformance
with the provisions of Chapter 324, RSMo.
[Ord. No. 1499-2022, 9-19-2022]
For the purposes of this Chapter and unless the context plainly
requires otherwise, the following definitions are adopted:
The practice of physical body adornment using, but not limited
to, the following techniques: body piercing, tattooing, and cosmetic
tattooing.
A location, place, or business that has been granted a permit
where the practices of body art are performed, whether or not for
profit.
A specifically identified individual who has been granted
a permit to perform body art in an establishment that has been granted
a permit.
Puncturing or penetrating the skin of a client with pre-sterilized
single-use needles and the insertion of pre-sterilized jewelry or
other adornments into the opening. This definition does not include
piercing of the earlobe with a pre-sterilized single-use stud-and-clasp
system manufactured exclusively for ear piercing.
A member of the public who requests a body art procedure
at a body art establishment.
The puncturing of the lobe of the ear with a pre-sterilized
single-use stud-and-clasp ear-piercing system following the manufacturer's
instructions.
All machinery, including fixtures, containers, vessels, tools,
devices, implements, furniture, display and storage areas, sinks,
and all other apparatus and appurtenances used in connection with
the operation of a body art establishment.
Hand pieces, needles, needle bars, and other instruments
that may come in contact with a client's body or may be exposed
to bodily fluids during any body art procedure.
Entry into the client's body either by incision or insertion
of any instruments into or through the skin or mucosa, or by any other
means intended to puncture, break, or otherwise compromise the skin
or mucosa.
Any person who individually, or jointly or severally with
others, owns, or controls an establishment, but is not a body art
practitioner.
Approval, in writing, by the permit officer to either:
The City Administrator or a person appointed by the City
Administrator.
The permit officer of Planning and Protective Services or
his or her designee.
An individual, any form of business or social organization
or any other non-governmental legal entity, including, but not limited
to, corporations, partnerships, limited-liability companies, associations,
trusts or unincorporated organizations.
An individual licensed as a qualified physician by the Missouri
Board of Healing Arts.
Clean and free of agents of infection or disease.
The application of a U.S. EPA-registered sanitizer on a cleaned
surface in accordance with the label instructions.
Products or items that are intended for one-time, one-person
use and are disposed of after use on each client, including, but not
limited to, cotton swabs or balls, tissues or paper products, paper
or plastic cups, gauze and sanitary coverings, razors, piercing needles,
scalpel blades, stencils, ink cups, and protective gloves.
The use of a physical or chemical procedure to destroy all
microbial life, including highly resistant bacterial endospores.
The indelible mark, figure or decorative design introduced
by the insertion of dyes or pigments into or under the subcutaneous
portion of the skin.
Any method of placing ink or other pigments into or under
the skin or mucosa with the aid of needles or any other instrument
used to puncture the skin, resulting in permanent coloration of the
skin or mucosa. This term includes all forms of cosmetic tattooing.
[Ord. No. 1499-2022, 9-19-2022]
[Ord. No. 1499-2022, 9-19-2022]
No tattooing or body piercing shall be performed on a person
under the age of 18.
[Ord. No. 1499-2022, 9-19-2022]
A.
The permit officer shall investigate any complaints to the permit
officer and may investigate any person or business permitted under
this Article for violations of this Article of this Chapter.
B.
The permit officer shall impose reasonable discipline upon the holder
of permits for violation of any Section of this Article.
C.
Subject to review by the Board of Aldermen, the permit officer is
granted authority to suspend or revoke the permit for any reasonable
length of time for violation of any provision of this Article of this
Chapter.
D.
If the permit officer finds a violation of any Section of this Article,
the officer shall notify the permit holder of the violation and the
intended discipline.
E.
The disciplinary action of the permit officer may be appealed to
the Board of Aldermen by filing a notice of appeal to the Mayor, on
a form to be promulgated by the permit officer, within ten (10) days
of the date of the notice to the permit holder. The disciplinary action
shall be stayed during the appeal.
[Ord. No. 1499-2022, 9-19-2022]
All permits issued hereunder shall automatically expire one
(1) year from the date of issuance unless revoked sooner. The City
may issue pro-rated permits so as to allow all such permits in the
City to expire at the same time.
[Ord. No. 1499-2022, 9-19-2022]
Before any permit shall be issued pursuant to the provisions
of this Article, the applicant therefore shall apply, in writing,
to the Department, giving the location of the place of business, including
the specific areas inside the building to which the permit is to apply,
the names of all parties interested in the business to be operated
under such permit, except in the case of a corporation when the name
of the president, secretary, and manager only need be given.
[Ord. No. 1499-2022, 9-19-2022]
A.
In addition to any other information required by the permit officer,
the applicant shall provide the following information in order to
be issued an establishment permit:
[Ord. No. 1499-2022, 9-19-2022]
All applications for licenses and all petitions so filed with
such applications shall be referred to the permit officer. The review
of the applications for a permit shall normally be completed within
twenty (20) working days of the date of the application unless there
is cause for additional time.
[Ord. No. 1499-2022, 9-19-2022]
A.
The permit officer shall approve a permit unless the permit officer
finds that the applicant or any person conducting body art on the
permitted premises has committed or permitted to occur:
1.
Any actions which would indicate that the health or safety of
the public would be at risk;
2.
Fraud, deceit, or misrepresentation in obtaining a permit, or
its renewal;
3.
Any criminal conduct which the permit officer determines to
be of such a nature as to render the establishment, practitioner,
or applicant unfit to practice body art as evidenced by criminal proceedings
resulting in a conviction, guilty plea, or plea of nolo contendere
or an admission of sufficient facts;
4.
Any present or past violation of the permit officer's regulations
governing the practice of body art;
5.
Any present or past violation of State regulations governing
the practice of body art;
6.
The practice of body art while the ability to practice is impaired
by alcohol, drugs, physical disability, or mental instability;
7.
An unauthorized person to perform activities requiring a permit;
8.
The practice of body art while his/her permit has lapsed, suspended,
or revoked;
9.
An act causing discipline in another jurisdiction in any way
by the proper permitting authority for reasons substantially the same
as those set forth in the permit officer's regulations;
10.
Other just and sufficient cause that the permit officer may
determine would render the establishment, practitioner, or applicant
unfit to practice body art.
[Ord. No. 1499-2022, 9-19-2022]
A.
If the permit officer approves the application for a body art establishment
permit, the permit officer shall approve the application and issue
to the applicant a permit.
B.
If the permit officer denies the application, a permit shall not
be issued, unless by the permit officer only after a properly filed
appeal and subsequent, hearing, and the permit officer shall notify
the applicant, in writing, of the reason for the denial and the applicant's
right to appeal.
[Ord. No. 1499-2022, 9-19-2022]
Any applicant aggrieved by the decision of the permit officer
to deny or refuse to renew a tattoo permit may file a petition with
the permit officer within ten (10) days after the action by the permit
officer appealing said action.
[Ord. No. 1499-2022, 9-19-2022]
Any applicants denied a permit may reapply at any time after
denial.
[Ord. No. 1499-2022, 9-19-2022]
A.
Injury Reports. A person holding a body art establishment permit
or a body art practitioner's permit shall make a written report
to the permit officer of any injury, infection complication, or disease
as a result of a body art procedure, or complaint of injury, infection
complication, or disease, shall be forwarded by the operator to the
Department, with a copy to the injured client within five (5) working
days of its occurrence or knowledge thereof. The report shall include
the name of the affected client; the name and location of the body
art establishment involved; the nature of the injury, infection complication,
or disease; the name and address of the affected client's health
care provider, if any; any other information considered relevant to
the situation. Failure to do so shall constitute a violation of the
holder's permit.
B.
A person shall not tattoo, brand, or perform body piercing on another
person if the other person is under the influence of intoxicating
liquor or a controlled substance.
C.
No person under the age of eighteen (18) shall be permitted to perform
tattooing, branding, or body piercing on any person.
D.
No business or establishment in which tattoos, body piercings, or
brandings are applied shall be permitted to perform such tattoos,
body piercings, or brandings from 7:00 P.M. until 8:00 A.M.
E.
Any signs advertising a business or establishment in which tattoos,
body piercings, or brandings are applied shall comply with Section
407.780 of the Municipal Code.
[Ord. No. 1499-2022, 9-19-2022]
A.
All hearings before the permit officer, either for an appeal of discipline
or the denial of a permit, shall be conducted according to this Section.
B.
Appeals to the permit officer shall be public hearings that occur
no earlier than five (5) days after receipt of an appeal and no later
than thirty (30) days after receipt of the appeal. Such hearings may
be continued at the request of the applicant or the City upon good
cause shown.
C.
The hearing shall be held to determine whether the prior action of
the permit officer was supported by substantial and competent evidence.
D.
The hearing procedure for all hearings brought under this Section
shall be as follows:
1.
Procedures.
a.
The hearing shall be open to the public and on the record.
b.
The permit officer shall conduct the hearing.
c.
The permit officer shall rule upon all motions by the parties.
d.
Any party to the hearing may be represented by counsel and have
the right to present evidence. The permit officer shall represent
the City and the City Counselor's office shall serve as the attorney
to the permit officer/City.
e.
The technical rules of evidence shall not apply in the hearing.
Any relevant evidence may be admitted and considered by the permit
officer if it is the sort of evidence of which responsible persons
are accustomed to relying on the conduct of serious affairs. Objections
to evidence shall be noted and a ruling given by the permit officer.
f.
All testimony shall be under oath, which may be administered
by the permit officer.
g.
A recording shall be made by the City or a written record of
the hearing may be made by a reporter to be employed by the City,
the cost of which shall be paid by the City should the proceeding
be eventually held against the City and by the applicant if it should
not.
h.
All decisions by the permit officer must be made upon substantial
and competent evidence presented at the hearing.
2.
Conduct Of The Hearing.
a.
The hearing shall proceed in the following manner. The City
will be allowed to present its evidence first. Witnesses called by
the City will be directly examined with an opportunity for the opposing
party to cross-examine, followed by an opportunity for the City to
redirect. Once the City's case is presented, the opposing party
will have an opportunity to present his or her case. The same procedure
for questioning witnesses will be followed. The permit officer may
also inquire with questions of his/her own of any witness. Then the
City will have an opportunity for rebuttal if it so chooses. Finally,
the City and the applicant will have an opportunity to make closing
remarks in that respective order.
b.
The permit officer shall then cause to be issued findings of
fact and conclusions of law explaining the decision based upon the
evidence presented and the decision of the permit officer within thirty
(30) days of the date of the hearing.
c.
Notice of the decision shall be provided to all parties pursuant
to Ch. 356, RSMo.
d.
Any person aggrieved by this decision, including the City, shall,
within thirty (30) days after notice of the ruling as required by
Ch. 356, RSMo., file his or her administrative appeal pursuant to
the rules established in Ch. 356, RSMo., for review of a contested
case in the Circuit Court of Cole County. If no action is taken to
appeal the decision of the administrative hearing officer as required
by Ch. 356, RSMo., the decision shall be final.
[Ord. No. 1499-2022, 9-19-2022]
Any person violating the provisions of this Section shall be
punished by a fine not to exceed five hundred dollars ($500.00) per
violation, or by imprisonment not to exceed ninety (90) days per violation,
or by both such fine and imprisonment.
[Ord. No. 1499-2022, 9-19-2022]
If any provision contained in this Chapter is deemed invalid
for any reason, it shall be severed and shall not affect the validity
of the remaining provisions.
