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Home My WebLink About1997 Ordinance No. 028--~ l- • • • 10 b iii BY AUTHORITY ORDINANCE NO .ca{ SERIES OF 1997 COUNCIL BILL NO. 29 INTRODUCED BY COUNCIL MEMBER WIGGINS AN ORDINANCE ENACTING A NEW TITLE 5, CHAPTER 24, OF THE ENGLEWOOD MUNICIPAL CODE 1985 ENTITLED TATTOO ESTABLISHMENTS AND AMENDING TITLE 7, CHAPTER 6E, SECTION 5. WHEREAS, the Englewood Municipal Code does not currently license or regulate tattoo establishments; and WHEREAS, the Englewood City Council has set the goal of improving the business and residential quality of life in the City; and WHEREAS, the licensing of tattoo establishments protects the health, safety and welfare of the public; and WHEREAS, the City wishes to exclude qualified medical practitioners performing tattooing for specific medical purposes ; and WHEREAS, the; City requires tattoo establishments to operate in accordance with applicable municipal laws and state statutes; and WHEREAS, the City requires tattoo establishments to operate only at the licensed location; and WHEREAS , the City requires the license holder to comply with all reasonable conditions to prevent a nuisance , and preserve the health, safety and welfare of the community; and WHEREAS, the City requires the license holder to have comprehensive general liability insurance to protect the public from any harm caused the license holder; and WHEREAS , the license holder is not allowed to perform tattooing on any minor or person under the influence of alcohol or drugs to protect those persons from harm; and WHEREAS , the City does not allow the transfer of this license to another location or person ; NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS: Section 1. The City Council of the City of Englewood , Colorado enacts a new Title 5, Chapter 24, entitled Tattoo Establishments which shall read as follows: CHAPTER 24 TATTOO ESTABLISHMENTS SECTION: 5-24-1 : Definitions 5-24-2 License Required 5-24-3 : Application for License 5-24-4: Special License Requirements 5-24-1: DEFINITIONS: : IN ADDITION TO THE DEFINITIONS LISTED IN E. M. C. 5-1-1 , AND FOR THE PURPOSE OF THIS CODE IN ALL MATTERS RELATING TO THE LICENSING OF TATTOO ESTABLISHMENTS , THE FOLLOWING TERMS , PHRASES , WORDS , AND THE DERIVATIONS SHALL HA VE THE FOLLOWING MEANINGS : <j)JMvi ~ v~ ~ TATTOO: f AN INDELIBLE MARK OR FIGURE FIXED UPON THE BODY BY INSERTION OF PIGMENT UNDER THE SKIN OR BY PRODUCTION OF SCARS . TATTOOING: TATTOO ESTABLISHMENT: THE ACT OF INSERTING ANY PIGMENT UNDER THE SKIN OR PRODUCING SCARS THAT LEA VE ANY INDELIBLE MARK OR FIGURE FIXED UPON THE BODY . ANY CORPORATION , COMPANY, PARTNERSHIP, OR INDIVIDUAL THAT OFFERS OR PERFORMS TATTOOING FOR ANY FEE , CHARGE , OR REMUNERATION OF ANY KIND . 5-24-2: LICENSE REQurn.ED: IT SHALL BE UNLAWFUL FOR ANY PERSON TO OFFER OR PERFORM TATTOOING IN THE CITY OF ENGLEWOOD WITHOUT FIRST ATTAINING A LICENSE EXCEPT FOR QUALIFIED MEDICAL PRACTITIONERS FOR SPECIFIC MEDICAL PURPOSES . 5-24-3: APPLICATION FOR LICENSE: TATTOO ESTABLISHMENT LICENSES SHALL BE ISSUED IN ACCORDANCE WITH CHAPTER 1 OF THIS TITLE . 5-24-4: SPECIAL LICENSE REQurn.EMENTS: IN ADDITION TO ALL OTHER PROVISIONS OF THIS TITLE , THE FOLLOWING SPECIAL REQUIREMENTS APPLY TO THIS LICENSE : 2 ' - • • • ' .. . • • ' ... A LICENSE HOLDERS ARE REQUIRED TO OPERATE IN (Jr_ ) ACCORDANCE WITH APPLICABLE MUNICIPAL LAW AND (J STATE STATUTES AS ADMINISTERED BY THE ARAPAHOE COUNTY TRI-COUNTY HEALTH DEPARTMENT. ~ THE PREMISES MUST BE MAINTAINED IN CLEAN AND ~ SANITARY MANNER AT ALL TIMES . ~~~~ ALL EQUIPMENT USED FOR BOD-Y~IERCING MUST BE d SANITIZED IMMEDIATELY BEFORE AND AFTER USE. A SINGLE DISPOSABLE NEEDLE MUST BE USED FOR EACH ,Jv r CUSTOMER. THE NEEDLE MUST BE DISPOSED OF B. C. D . IMMEDIATELY AFTER USE. E . INKS USED FOR ONE CUSTOMER SHALL BE DISPOSED OF IMMEDIATELY AFTER USE, AND MAY NOT BE USED FOR ANOTHER CUSTOMER. F . THE LICENSE HOLDER MUST EXPLAIN AND PROVIDE EACH CUSTOMER WITH WRITTEN INSTRUCTIONS REGARDING THE AFTERCARE OF TATTOOS . G . H . LICENSE HOLDERS MAY PERFORM TATTOOING ONLY AT THE LOCATION SPECIFIED BY THE LICENSE . LICENSE HOLDER SHALL AT ALL TIMES HAVE COMPREHENSIVE GENERAL LIABILITY WITH A MINIMUM COMBINED SINGLE LIMIT OF LIABILITY FOR BODILY Y AND PROPERTY DAMAGE OF ONE HUNDRED TH Ai'ID DOLLARS ($100 ,000 .00 ) PER OCCURRENCE AND GREGATE. I . LICENSE HOLDER SHALL NOT ALLOW ANYONE TO PERFORM TATTOOING ON ANYONE WHO IS UNDER THE AGE OF EIGHTEEN (18 ). J . LICENSE HOLDER SHALL NOT ALLOW ANYONE TO PERFORM TATTOOING ON ANYONE WHO IS UNDER THE INFLUENCE OF ALCOHOL OR DRUGS . K. TATTOO ESTABLISHMENT LICENSES ARE NOT TRANSFERABLE TO ANOTHER PERSON OR LOCATION . L . ALL PERSONS PERFORMING TATTOOING MUST BE OVER THE AGE OF EIGHTEEN (18 ). M. NO PERSON SHALL PERFORM TATTOOING WHILE UNDER THE INFLUENCE OF DRUGS OR ALCOHOL . N . ALL PERSONS PERFORMING TATTOOING MUST BE SUPERVISED BY THE LICENSE HOLDER. Section 2. The City Council of the City of Englewood , Colorado amends Title 7, Chapter 6E , Section 5 , of the Englewood Municipal Code to read as follows : 3 7-6E-5: TATIOOING: A. It shall be unlawful for any person to tattoo any minor in the City or its police jurisdiction. B. ALL PERSONS PERFORMING TATTOOING MUST BE OVER THE AGE OF EIGHTEEN (18). Section 3 . License Fee: License fees for this Chapter shall be determined and set by City Council in accordance with 5-1-8 of this Code. Section 4 . Licenses required: It shall be unlawful for any person to act .as an tattoo establishment (artist) without first procuring a license. All provisions of Chapter 1, of this Title are applicable as well as those special provisions listed below . Section 5. The Englewood City Council established a temporary suspension or moratorium of certain miscellaneous business licenses for a period of six months with the passage of Ordinance No. 25 , series of 1996 and now removes the following licenses from the moratorium : Tattoo Establishment Licenses. Section 6. Safety Clauses. The City Council, hereby finds, determines , and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 7. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. Section 8. Inconsistent Ordinances . All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict . Section 9. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release , extinguish, alter, modify, or change in whole or in part any penalty, forfeiture , or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits , proceedings , and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions , suits, proceedings, or prosecutions . 4 . ' • • • • • • Section 10. Penalty. The Penalty Provision of E.M.C. Section 1-4-1 shall apply to each and every violation of this Ordinance. Introduced, read in full, and passed on first reading on the 7th day of April, 1997. Published as a Bill for an Ordinance on the 10th day of April, 1997. Read by title and passed on final reading on the 21st day of April, 1997. Published by title as Ordinance No.d:i_, Series of 1997, on the 24th day of April, 1997 . I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of.the Ordinance passed on final reading and published by title as Ordinance No . .2,Q, Series of 1997 . ~~iflv Loucrishia A. Ellis 5