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Home My WebLink About1997 Ordinance No. 030ORDINANCE NO. l:} SERIES OF 1997 BY AUTHORITY COUNCIL BILL NO . 30 INTRODUCED BY COUNCIL MEMBER VORMITTAG AN ORDINA.J.'l'CE ENACTING A NEW TITLE 5, CHAPTER 21 , OF THE ENGLEWOOD MUNICIPAL CODE 1985 ENTITLED BODY PIERCING ESTABLISHMENTS AND AMENDING TITLE 7, CHAPTER 6E, WITH THE ADDITION OF A NEW SECTION 6, ENTITLED BODY PIERCING. WHEREAS, the Englewood Municipal Code does not currently license or regulate body piercing 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 body piercing establishments protects the health, safety and welfare of the public; and 10 b ii WHEREAS , the City wishes to exclude qualified medical practitioners performing body piercing for speci fic medical purposes ; and WHEREAS , the City requires body piercing establishments to operate in accordance with applicable municipal laws and state statutes; and WHEREAS , the City requires body piercing establishments to operate only at the licensed locati on ; and WHERE.AS , the City requires the license holder to comply with all reasonable conditions t o 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 body piercing on any minor or pers on 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 : S ectio n 1. The City Council of the City of Englewood , Colorado enacts a new Title 5 , Chapter 21 , en t itled Body Piercing Establishments which shall read as follows: CHAPTER 21 BODY PIERCING ESTABLISHMENTS SECTION: 5-21-1: Definitions 5-21-2 License Required 5-21-3 : Application for License 5-21-4: Special License Requirements 5-21-1: 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 BODY PIERCING ESTABLISHMENTS, THE FOLLOWING TERMS, PHRASES , WORDS , AND THE DERIVATIONS SHALL HA VE THE FOLLOWING MEANINGS : BODY PIERCING: BODY PIERCING ESTABLISHMENT: DECORATIVE JEWELRY OR OTHER DECORATION: ANY METHOD OF CREATING AN OPENING IN THE HUMAN BODY, INCLUDING BUT NOT LIMITED TO THE EAR, EYEBROW , GENITALS, LIP , NAVEL, NOSE , OR TONGUE , FOR THE PURPOSE OF INSERTING ANY DECORATIVE JEWELRY OR OTHER DECORATION . ANY CORPORATION , COMPANY , PARTNERSHIP , OR INDIVIDUAL THAT OFFERS OR PERFORMS BODY PIERCING FOR ANY FEE , CHARGE , OR REMUNERATION OF ANY KIND . INCLUDES , BUT IS NOT LIMITED TO · BARBELLS , BEADS , CHAINS , CLASPS , EARRINGS, RINGS , SPIKES, STUDS, OR TUSKS. 5-21-2: LICENSE REQUIBED: IT SHALL BE UNLAWFUL TO OPERATE A BODY PIERCING ESTABLISHMENT IN THE CITY OF ENGLEWOOD WITHOUT FIRST OBTAINING A LICENSE EXCEPT FOR QUALIFIED MEDICAL PRACTITIONERS IN THE NORMAL COURSE OF THEIR PRACTICE. THIS LICENSE IS REQUIRED IN ADDITION TO ANY OTHER LICENSE REQUIRED BY THE CITY OF ENGLEWOOD MUNICIPAL CODE . 5-21-3: APPLICATION FOR LICENSE: BODY PIERCING ESTABLISHMENT LICENSES SHALL BE ISSUED IN ACCORDANCE WITH CHAPTER 1 OF THIS TITLE. 2 • . • J ,, .. 5-21-4: SPECIAL LICENSE REQUIB.EMENTS: IN ADDITION TO ALL OTHER PROVISIONS OF THIS TITLE , THE FOLLOWING SPECIAL REQUIREMENTS APPLY TO THIS LICENSE: A. LICENSE HOLDERS ARE REQUIRED TO OPERATE IN ACCORDANCE WITH APPLICABLE MUNICIPAL LAW AND STATE STATUTES . B. THE PREMISES MUST BE MAINTAINED IN CLEAN AND SANITARY MAl~NER AT ALL TIMES. C. ALL EQUIPMENT USED FOR BODY PIERCING MUST BE SANITIZED IMMEDIATELY BEFORE AND AFTER USE . D. A SINGLE DISPOSABLE NEEDLE MUST BE USED FOR EACH CUSTOMER. THE NEEDLE MUST BE DISPOSED OF IMMEDIATELY AFTER USE. E. THE LICENSE HOLDER MUST EXPLAIN AND PROVIDE EACH CUSTOMER WITH WRITTEN INSTRUCTIONS REGARDING THE AFTERCARE OF BODY PIERCING. F. LICENSE HOLDERS MAY PERFORM BODY PIERCING ONLY AT THE LOCATION SPECIFIED BY THE LICENSE . G. LICENSE HOLDERS SHALL COMPLY WITH ALL REASONABLE CONDITIONS NECESSARY TO PREVENT A NUISANCE AND PRESERVE THE HEALTH, SAFETY AND WELFARE OF THE COMMUNITY. H. THE LICENSE HOLDER SHALL AT ALL TIMES HA VE COMPREHENSIVE GENERAL LIABILITY INSURANCE, WITH A MINIMUM COMBINED SINGLE LIMIT OF LIABILITY FOR BODILY INJURY AND PROPERTY DAMAGE OF ONE HUNDRED THOUSAND DOLLARS ($100,000 .00) PER OCCURRENCE AND AGGREGATE. I . THE LICENSE HOLDER SHALL NOT ALLOW ANYONE TO PERFORM BODY PIERCING ON ANYONE WHO IS UNDER THE AGE OF EIGHTEEN (18) UNLESS WRITTEN PERMISSION IS OBTAINED FROM THE MINOR'S PARENT OR LEGAL GUARDIAN. THE WRITTEN PERMISSION MUST BE SIGNED BY THE PARENT OR LEGAL GUARDIAN AND KEPT AT THE LICENSED PREMISES FOR THREE (3) YEARS FROM THE DATE THE BODY PIERCING IS PERFORMED. J. THE LICENSE HOLDER SHALL NOT ALLOW ANYONE TO PERFORM BODY PIERCING ON ANYONE WHO IS UNDER THE INFLUENCE OF ALCOHOL OR DRUGS. K. BODY PIERCING ESTABLISHMENT LICENSES ARE NOT TRANSFERABLE TO ANOTHER PERSON OR LOCATION. 3 L . ALL PERSONS PERFORMING BODY PIERCING MUST BE OVER THE AGE OF EIGHTEEN (18). M. NO PERSON SHALL PERFORM BODY PIERCING WHILE UNDER THE INFLUENCE OF DRUGS OR ALCOHOL. N. ALL PERSONS PERFORMING BODY PIERCING MUST BE SUPERVISED BY THE LICENSE HOLDER. Section 2. The City Council of the City of Englewood, Colorado hereby amends Title 7, Chapter 6E , by the addition of a new Section 6 , entitled Body Piercing, which shall read as follows: 7-6E-6: BODY PIERCING: A. IT SHALL BE UNLAWFUL FOR ANY PERSON TO PERFORM BODY PIERCING ON ANY MINOR IN THE CITY OR ITS POLICE JURISDICTION EXCEPT WHEN WRITTEN PERMISSION IS OBTAINED FROM THE MINOR'S PARENT OR LEGAL GUARDIAN. THE WRITTEN PERMISSION MUST BE SIGNED BY THE PARENT OR LEGAL GUARDIAN AND KEPT AT THE LICENSED PREMISES FOR THREE (3 ) YEARS FROM THE DATE THE BODY PIERCING IS PERFORMED . B. ALL PERSONS PERFORMING BODY PIERCING 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 a body piercing establishment 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 : Body Piercing Establishment Licenses. Section 6. Safety Clause s. 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 t.o the proper legislative object sought to be obt a ined. S ection 7. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application ther eof t.o any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment 4 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 . Se ction 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 21st day of April, 1997. Published as a Bill for an Ordinance on the 24th day of April, 1997 . Read by title and passed on final reading on the 5th day of May, 1997 . Published by title as Ordinance No . 30, Series of 1997, on the 8th day of May, 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 r e a ding and published by title as Ordinance No . .;!QL (/.@a Loucrishia A. Ellis 5 ••• COUNCIL COMMUNICATION Date Agenda Item Subject I April21, 1997 Bill for an ordinance creating a new Chapter 21 in Title 5 of the City 10 a i Code . This will establish a Body Piercing Establishments license in the City of Englewood Initiated By Staff Source Department of Financial Services Frank Grvolewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION This proposed bill for an ordinance creates a new Chapter 21 in Title 5 of the City Code. This will establish a body piercing establishment license in the City of Englewood . This action is a result of City Council's concerns regarding the health and safety of the citizens of Englewood. City Council discussed this license with staff at the study session held on April 7, 1996. RECOMMENDED ACTION Staff recommends City Council approve this bill for an ordinance. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Currently, the City does not license body piercing establishments. The license was drafted in response to concerns over health and safety issues , as well as minors using the services of a body piercing establishment. No alternatives were identified. FINANCIAL IMPACT The City of Englewood does not currently collect fees for this license. The license fee has not been set as required by the newly created Chapter. The resolution setting fees is scheduled to go to City Council on May 5, 1997. The amount collected will most likely not be significant. LIST OF ATTACHMENTS Copy of the proposed bill for an ordinance Q. Printed on Rec yc !ed Paper .~~\