City of Weldon Spring, MO
St. Charles County
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Table of Contents
Table of Contents
[Ord. No. 02-27 §§1 — 7, 8-13-2002; Ord. No. 11-11 §1, 6-23-2011]
A. 
Missouri Cities of the Fourth Class, Weldon Spring being such, have the authority under Section 94.270, RSMo., as amended, to license, tax and regulate businesses and occupations; and the purpose of this Section is intended to regulate rather than to impose a separate tax, and the license fees are imposed to cover the costs of administration.
B. 
Every person, firm, proprietorship, corporation or other entity conducting any business, trade, profession, vocation or occupation or preparing to do business with the City of Weldon Spring shall be required to complete in full the application for business license, Attachment A to Ord. No. 02-27, which is on file in the office of the City Clerk. All persons doing business within the City of Weldon Spring shall be required to purchase and keep on display at their usual place of business a City of Weldon Spring business license.
C. 
For purposes of this Section, a "business" is defined as an enterprise that or a person who:
1. 
Sells goods or services;
2. 
Solicits business or offers goods or services for sale or hire;
3. 
Uses any vehicle or any premises in the City for business purposes; and
4. 
Complies with all conditions as set forth in Sections 71.620 and 71.630, RSMo.
D. 
Business licenses shall be purchased from the City Clerk at the cost of fifty dollars ($50.00), and annual renewals at the cost of thirty-five dollars ($35.00), and will be due no later than October first (1st) each year thereafter after a new application is completed and approved by the zoning official or designate. All annual renewal applications will be assessed a five dollar ($5.00) late fee if not received and completed in full by October first (1st) of each year. License fees (application fees and other associated costs) during such one (1) year period shall not be prorated. Lost, stolen or destroyed business licenses will be replaced only upon payment of a replacement fee of fifteen dollars ($15.00). Business licenses are not transferable to another business owner. A new application must be completed, approved and purchased if the business moves to a new address or comes under new management. A person, firm or proprietorship or other entity engaged in two (2) or more businesses at that same location shall be required to obtain a separate license for conducting each of such businesses.
E. 
All businesses are to be current in the payment of all sales tax to the Director of Revenue for the State of Missouri before renewing their business license. Federal tax identification numbers and Missouri State Sales Tax identification numbers, if applicable, must be noted on the application for business license and a copy of such is to accompany the application. All delinquent taxpayers will be required to present a statement of no tax due in order to renew their business license.
F. 
When the Code Violation Official has reported the violation of any law or ordinance affecting the conduct of business with the City including, but not limited to, conducting or operating a business, trade, profession, vocation or occupation subject to licensing without a valid license, the City Clerk shall issue a provisional order which directs the offending person to cease and desist from the violation and to comply with the law or ordinance. The order shall require compliance within five (5) working days (Monday through Friday) of service or such greater length of time as specified by the City Clerk.
G. 
Any person, firm, proprietorship or other entity doing business in the City of Weldon Spring who does not obtain and/or display a Weldon Spring business license shall be liable in the Municipal Court of the City of Weldon Spring for a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) plus the cost of the license and court costs. Each day such violation continues shall be considered a separate offense and the violator shall be liable for separate fines therefor.
A. 
No person following for a livelihood the profession or calling of minister of the gospel, duly accredited Christian Science practitioner, teacher, professor in a college, priest, lawyer, certified public accountant, dentist, chiropractor, optometrist, chiropodist, or physician or surgeon in this City shall be taxed or made liable to pay any municipal or other corporation tax or license fee of any description whatever for the privilege of following or carrying on such profession or calling, any law, ordinance or Charter to the contrary notwithstanding.
B. 
No person following for a livelihood the profession of insurance agent or broker, veterinarian, architect, professional engineer, land surveyor, auctioneer, or real estate broker or salesman in this City shall be taxed or made liable to pay any municipal or other corporation tax or license fee for the privilege of following or carrying on his/her profession unless that person maintains a business office within the City of Weldon Spring.
[Ord. No. 94-38 §§1 — 9, 9-13-1994]
A. 
Missouri Cities of the Fourth Class, Weldon Spring being such, have the authority pursuant to Section 71.780, RSMo., to regulate and suppress all nuisances which are or may be injurious to the health and welfare of the residents of the City.
B. 
The Board of Aldermen of the City of Weldon Spring believe that the uninvited solicitation of private residences within the City constitutes a public nuisance which if not closely regulated would be injurious to the public health and welfare of the residents of the City.
C. 
The fee provisions of this Section shall not apply to not-for-profit solicitors upon presentation of proof of not-for-profit status; however, they must register with the City Clerk and obtain a license.
D. 
It shall be unlawful for any person to go upon private residences in the City of Weldon Spring or door-to-door in order to sell any type of merchandise or to seek donations therefrom without having first obtained a solicitor's license from the City Clerk. The license and a separate means of identification with a photograph must be carried at all times when soliciting and displayed upon request.
E. 
The solicitor's license fee shall be ten dollars ($10.00) per application. The duration of each license shall be a maximum of thirty (30) days.
F. 
An applicant for a solicitor's license shall provide the following to the City:
1. 
The name of the applicant.
2. 
The permanent home address and telephone number and full local address and telephone number of the applicant.
3. 
A brief description of the nature of the business and the goods and items solicited and a copy of any sales flyers or literature.
4. 
The name, address and phone number of the employer, organization or company represented.
5. 
The place the goods, wares or merchandise will be sold.
6. 
Missouri sales tax number or a letter from the Department of Revenue stating registration with the Department of Revenue is not required.
7. 
Apply at least twenty-four (24) hours prior to issuance of the license.
8. 
Complete the necessary records check with the law enforcement Chairman.
9. 
Such other information as the City may require.
G. 
The law enforcement Chairman of the City of Weldon Spring is hereby directed to abate and suppress any solicitors who become a nuisance due to complaints being made by citizens or violations of this or other ordinances observed by the City of Weldon Spring or the St. Charles County Sheriff's Department. In such cases the solicitor's license and the privilege of soliciting is subject to immediate cancellation by the law enforcement Chairman.
H. 
The following acts and practices are hereby declared unlawful as applied to the planning, conduct or execution of any solicitation by the solicitor.
1. 
Operating in violation of or failing to comply with any of the requirements of this Section.
2. 
Utilizing any unfair or deceptive acts or practices.
3. 
Misrepresenting or misleading anyone in any manner to believe that any other person sponsors, endorses or approves such solicitations when such other person has not given consent in writing to the use of his/her or its name for these purposes.
4. 
Utilizing or exploiting the fact of registration or licensing in any manner constitutes an endorsement or approval by the City.
5. 
Soliciting door-to-door between the hours of sunset to sunrise.
I. 
Any person found to be in violation of any provision of this Section shall be subject to arrest by the St. Charles County Sheriff's Department and upon conviction fined up to five hundred dollars ($500.00) or to imprisonment for up to ninety (90) days in the St. Charles County Jail, or to both such fine and imprisonment. Each day of such violation shall constitute a separate offense.
[Ord. No. 94-46 §§1 — 8, 10-27-1994]
A. 
Missouri Cities of the Fourth Class, Weldon Spring being such, have the authority pursuant to Sections 71.780 and 150.390, RSMo., to regulate certain businesses and occupations including itinerant vendors.
B. 
An "itinerant vendor" is defined as all persons, both principal and agents, who engage in, or conduct, in this State, either in one (1) locality or in traveling from place to place, a temporary or transient business of selling goods, wares and merchandise with the intention of continuing in such business in any one (1) place for a period of not more than one hundred twenty (120) days, and who, for the purpose of carrying on such business, hire, lease or occupy, either in whole or in part, a room, building, or other structure, for the exhibition and sale of such goods, wares and merchandise and do not have a permanent place of business in Missouri.
C. 
An itinerant vendor, whether principal or agent, before beginning business shall take out a thirty (30) days license and shall show proof that the appropriate deposit has been paid to the State of Missouri to operate as an itinerant vendor and pay a fee of ten dollars ($10.00) per vendor.
D. 
In order to protect the public safety from unnecessary distractions or congestion, it shall be unlawful for an itinerant vendor to sell or display for sale any goods, wares or merchandise within thirty (30) feet of the nearest edge of the paved portion of any four (4) lane roadway or street within the City limits of Weldon Spring.
E. 
Itinerant vendors shall provide for adequate parking spaces for potential customers as well as employees, to wit: at least one (1) parking space for every two hundred (200) square feet of sales area. The itinerant vendor shall be required to demonstrate adequate parking to the Weldon Spring Zoning Commissioner upon request and no two (2) or more itinerant vendors' licensees shall use or occupy the same parking places.
F. 
Itinerant vendors shall be required to present proof of a Missouri sales tax number prior to obtaining an itinerant vendor's license and at other times during the license period upon request of the Weldon Spring Zoning Commissioner who shall have the authority to verify that sales taxes are collected and paid in a timely manner.
G. 
Appropriate permits will be obtained for any signs that appear about the leased premises of itinerant vendors.
H. 
Any person found to be in violation of any provision of this Section shall be subject to a fine of up to one hundred dollars ($100.00) and each day of such violation shall constitute a separate offense.
[Ord. No. 04-06 §§1 — 19, 3-25-2004]
A. 
For the purposes of this Section, the following words and phrases shall have the meanings respectively ascribed to them by this Section:
APPLICANT
Any person who applies for a license as required by this Article.
BODY PIERCING
Any perforation, penetration or puncturing of human tissue, other than the ear, for a non-medical purpose, by the use of needles, studs, posts or any other instruments, thereby creating an opening into or through the tissue in which either studs, posts, ornaments, jewelry or similar items are or can be inserted or on which markings are left.
BRANDING
A permanent mark made on human tissue by burning with a hot iron or other instrument.
EMPLOYEE
Any person, other than an operator, who renders any service to the licensee or customer and who receives compensation or any consideration, and who has no physical contact with the licensee's customers or clients.
HEALTH OFFICIAL
The Code Enforcement Officer, the City Administrator or his/her designee, or any person or agent employed or contracted as Health Officer by the City.
MINOR
Any person under the age of eighteen (18) years.
OPERATOR
Any person or practitioner who operates any instrument, tool or equipment to perform tattooing, branding and/or body piercing on a person.
PERSON
Any individual, firm or corporation, owner or operator of a tattooing and/or body piercing and/or branding establishment.
PHYSICIAN
Any individual licensed under the laws of this State with the State Board of Registration for the Healing Arts in the State of Missouri.
PROOF OF AGE
A proper driver's license or other documentary or written evidence that proves that an individual is eighteen (18) years of age or older.
TATTOOING
Any method of placing indelible designs, letters, scrolls, figures, symbols or any other marks upon or under the skin with ink or colors by the aid of needles or other instruments, or an indelible design made on the body by production of scars other than by branding.
TATTOOING AND/OR BODY PIERCING AND/OR BRANDING ESTABLISHMENTS
Any place or facility where the art of tattooing and/or body piercing and/or branding is performed.
B. 
Business Licenses Required — Application. It shall be unlawful for any person to own or operate a tattoo and/or body piercing and/or branding establishment in Weldon Spring, Missouri, without having first obtained a business license in accordance with the procedures hereinafter set forth:
1. 
Any person desiring to operate a tattoo and/or body piercing and/or branding establishment shall obtain an application for a license from the City and said application shall contain the following information:
a. 
Name of applicant.
b. 
Residence of applicant.
c. 
If a partnership, the names and resident addresses of each of the partners, whether general or limited and designating which.
d. 
If a corporation, the names and resident addresses of all of its officers, directors, shareholders and the name of its resident agent for the purposes of service.
e. 
The location of the proposed establishment (establishment must be located in a zoned medical district).
f. 
The proposed hours of operation.
g. 
The names of all current employees and their exact duties.
h. 
A complete description of all tattoo and/or body piercing and/or branding services to be provided.
i. 
An exact inventory of all equipment to be utilized including names of manufacturers and serial numbers (if any) of the equipment.
2. 
Upon receipt of such application and business license fee and a copy of the complete inspection certificate from the St. Charles County Health Department, the City shall then issue a business license to the applicant. The establishment shall be inspected periodically for the purpose of determining whether or not said establishment and the person performing the art of tattooing and/or body piercing and/or branding therein are in compliance with all applicable health provisions contained within this Section. It shall be unlawful for any person or operator of a tattooing and/or body piercing and/or branding establishment willfully to prevent or restrain the Code Enforcement Officer or his/her designee from entering any licensed establishment where tattooing and/or body piercing and/or branding is being performed for the purpose of inspecting said premises after proper identification is presented to the operator.
3. 
Any change of ownership shall require a new license application with additional license fees. The license may be revoked or suspended for any violation of this Section.
4. 
No tattoo establishment may attempt to remove a tattoo from any person or allow such a procedure to take place on its premises.
C. 
Operator's License Required — Application. It shall be unlawful for any person to act as a tattoo operator, body piercing operator or branding operator or for any person to employ another person as a tattoo operator, body piercing operator or branding operator unless such person has been licensed by the Director of the Division of Professional Registration of the State of Missouri.
1. 
A copy of the State license for each operator must accompany the business license application. In addition, the following information is required on each operator:
a. 
Name, address and telephone number.
b. 
Date and place of birth.
c. 
Height, weight, sex and color of eyes and hair.
d. 
Previous address for the last three (3) years.
e. 
Name of proposed place of employment where he/she will be working as a tattoo operator, body piercing operator or branding operator.
f. 
Names and addresses of employers for the last three (3) years and a job or employment description for each position held.
g. 
Medical history of all communicable diseases.
h. 
Current state of health and physical disabilities.
i. 
Training and/or experience.
2. 
A business license may be issued, after investigation, if it is determined that the applicant is free from communicable disease, has no physical disability or infirmity which could interfere with his/her acting as a tattoo operator, body piercing operator or branding operator and is at least eighteen (18) years of age and has at least six (6) months experience or training as a tattoo operator and/or body piercing operator and/or branding operator in a legally operated establishment in Missouri or another State.
3. 
Before a business license may be issued, the applicant and the tattoo and/or body piercing and/or branding operator must furnish the City a certificate from a physician stating that the applicant or operator is free from communicable disease.
4. 
The tattoo and/or body piercing and/or branding operator shall wear a clean, easily cleanable, short-sleeved, smock type garment while administering a tattoo and/or piercing tissue and/or branding tissue.
5. 
No license issued under this Section shall be transferable or assignable.
D. 
Prerequisites To Tattooing And/Or Body Piercing And/Or Branding. No tattoo and/or body piercing and/or branding shall be administered except by conforming to all of the following:
1. 
Performing tattooing and body piercing and/or branding is prohibited on any person under the age of eighteen (18) without the written consent of that person's parent or legal guardian. That consent shall be on a form provided by the Health Official, notarized and given in person to the operator by the parent or legal guardian before the tattooing and/or body piercing and/or branding procedure commences. In addition, the parent or legal guardian shall present photographic identification to the operator and leave with the operator photocopies of that photographic identification. For purposes of this Section, photographic identification may include a State driver's license or State identification card.
2. 
Obtaining or attempting to obtain any tattooing and body piercing establishment or operator license by means of fraud, misrepresentation or concealment is prohibited.
3. 
Notice of permanency. Before administering the tattoo and/or branding, the patron shall be advised that the tattoo and/or brand should be considered permanent; that it can only be removed with a surgical procedure; and that any effective removal will leave permanent scarring and possible disfigurement. A written cautionary notice to that effect be furnished to and signed by the patron.
4. 
Skin condition. The skin surface to be tattooed and/or pierced and/or branded shall be free of rash, pimples, infection or recent (less than two (2) years) scar tissue. The patron must be in apparent good health and the skin to be tattooed and/or pierced and/or branded is generally in a healthy condition to all appearances.
5. 
Sobriety of patron. Tattoos and/or body piercing and/or branding shall not be administered to any person under the influence of drugs or alcohol and the operator is charged with the responsibility of making reasonable observation and inquiry to assure himself/herself that the patron is in fact sober and not under the influence of drugs.
6. 
Record form. The tattoo and/or body piercing and/or branding establishment shall keep a permanent record of all patrons tattooed and/or pierced and/or branded, stating name, age, address, date of tattoo and/or body piercing and/or branding, operator's name and the place on the body where tattooed or part of body pierced and/or branded, and a description of the design of the tattoo and/or brand. All such records shall be maintained in the tattoo and/or body piercing and/or branding establishment for a period of three (3) years and shall be made available to the Code Enforcement Officer or Law Enforcement Officer upon request.
E. 
Sanitation, Requirements For Tattoo And/Or Body Piercing And/Or Branding Establishments. All tattoo and/or body piercing and/or branding establishments shall comply with the following requirements:
1. 
Tattoo and/or body piercing and/or branding establishments shall be well-lit, at least two hundred (200) foot-candles in tattoo and/or body piercing and/or branding area and one hundred (100) foot-candles in remaining area.
2. 
The establishment will be at least one hundred (100) square feet minimum to accommodate required equipment and business done thereon.
3. 
Walls, floors and ceilings shall be clean and in good repair and maintained in a clean condition at all times. The tattooing and/or body piercing and/or branding area and rest rooms shall have smooth washable surfaces.
4. 
The tattoo and/or body piercing and/or branding area shall be separated from customers and observers by a partition or wall.
5. 
All tables and chairs used in the tattoo and/or body piercing and/or branding area shall be of an easily cleanable material.
6. 
The establishment shall be properly heated and ventilated. The tattooing and/or body piercing and/or branding establishment shall be well ventilated and provided with an artificial light source equivalent to at least one hundred (100) foot-candles three (3) feet off the floor, except that at least two hundred (200) foot-candles shall be provided at the level where the tattooing and body piercing procedure is being performed and where instruments and sharps are assembled.
7. 
All infectious waste, including blood contaminated materials, needles and sharp instruments, shall be managed and disposed of by a licensed infectious waste hauler in accordance with the relevant rules and regulations of the State of Missouri.
8. 
In general, the entire premises of the tattoo and/or body piercing and/or branding establishment must be kept clean and in good condition at all times.
9. 
Sterilization procedures shall be in full compliance with the standards of hygiene established by the Missouri Director of the Division of Professional Registration and the St. Charles County Division of Health.
10. 
No video camera of the tattoo or piercing or branding process shall be allowed at any time.
F. 
Zoning. That due to the health and sanitation issues involved in the tattoo and/or body piercing and or branding business, such businesses will only be allowed in medical zoned districts.
G. 
Hours Of Operations. Tattoo and/or body piercing and/or branding businesses may only operate from the hours of 8:00 A.M. until 8:00 P.M.
H. 
General Provisions.
1. 
Smoking, eating or drinking by anyone is prohibited in the area where tattooing and/or body piercing and/or branding preparation, procedure and cleanup is being performed.
2. 
Operators shall refuse service to any person who, in the opinion of a reasonable objective observer, is under the influence of alcohol or drugs.
3. 
The operator shall maintain a high degree of personal cleanliness, conform to hygienic practices and wear clean clothes when performing tattooing and body piercing and/or branding.
4. 
Before performing tattooing and body piercing and/or branding, the operator must thoroughly wash his/her hands in hot running water with liquid anti-microbial soap, then rinse his/her hands and dry with an approved sanitary method. This shall be done as often as necessary to remove contaminants.
5. 
In performing tattooing and body piercing and/or branding, the operator shall wear disposable medical gloves. The gloves shall be discarded, at a minimum, after the completion of each procedure on an individual client.
6. 
If, while performing tattooing and body piercing and/or branding, the operator's glove is pierced, torn or otherwise contaminated, the contaminated gloves shall be immediately discarded and the procedure in Subsections (3) and (4) above shall be repeated immediately. Any item or other instrument used for tattooing and/or body piercing and/or branding which is contaminated during the procedure shall be immediately discarded and replaced before the procedure resumes.
7. 
Contaminated waste, as defined in this Section, which may release liquid blood or body fluids when compressed or may release dried blood or body fluids when handled must be placed in an approved "red" bag which is marked with the international "bio hazard" symbol. It must then be disposed of by, or delivered to, an approved medical waste facility pursuant to Federal, State and County regulations. Sharps ready for disposal shall be disposed of in approved sharps containers. Contaminated waste which does not release liquid blood or body fluids when compressed or does not release dried blood or body fluids when handled may be placed in a covered receptacle and disposed of through normal, approved disposal methods. Storage of contaminated waste on-site shall not exceed the period specified by the Health Official.
8. 
Any skin or mucosa surface to receive a tattooing and body piercing and/or branding procedure shall be free of rash, infection or any other visible active pathological condition.
9. 
The skin of the operator who actually performs tattooing and body piercing and/or branding activities shall be free of rash, infection or any other visible pathological condition. No person or operator affected with boils, infected wounds, open sores, abrasions, exudative lesions, acute respiratory infection, nausea, vomiting or diarrhea shall work in any area of a tattooing and body piercing and/or branding establishment in any capacity in which there is a likelihood of contaminating tattooing and/or body piercing and/or branding equipment, supplies or working surfaces with pathogenic organisms.
10. 
Proof shall be provided upon request of the Health Official that all operators have either completed or were offered and declined, in writing, the Hepatitis B vaccination series; that antibody testing has revealed that the operator is immune to Hepatitis B; or that the vaccine is contraindicated for medical reasons. Contraindication requires a dated and signed physician's statement specifying the name of the operator and stating that the vaccine cannot be given. This documentation is to be kept on the premises of the tattooing and body piercing and/or branding establishment. For those who decline the Hepatitis B vaccination series, an information brochure developed by the Health Official will be provided which explains the risks of Hepatitis B and treatment options following an exposure incident.
I. 
Exemptions.
1. 
Physicians licensed by the State of Missouri who utilize tattooing and body piercing and/or branding procedures as part of patient treatment are exempt from these regulations.
2. 
Individuals who pierce only the outer perimeter and lobe of the ear using a pre-sterilized encapsulated single-use-stud ear-piercing system are exempt from these regulations. However, the department is authorized to investigate consumers' complaints alleging misuse of or improper procedures in the use of the aforementioned system and to pursue all remedies under the law.
J. 
Public Notification Requirements. Verbal and written public educational information, approved by the Health Official, shall be required to be given to all clients. Verbal and written instructions shall be approved by the Health Official for the care of the tattooing and body piercing and/or branding procedure. The written instructions ("instructions") shall advise the client to consult the operator or a physician licensed by the State of Missouri at the first (1st) sign of infection and contain the name, address and phone number of the tattooing and/or body piercing and/or branding establishment. The instructions shall be signed and dated by both parties. The operator shall give a copy of the instructions to the client and retain the original with all other records required to be maintained under this Section. In addition, all tattooing and body piercing and/or branding establishments shall provide clients with written information which advises clients of the risks and possible consequences of tattooing and body piercing and/or branding.
K. 
Preparation And Care.
1. 
Before performing tattooing and body piercing and/or branding, the skin of and surrounding the area where the tattooing and body piercing and/or branding is to be placed shall be washed with anti-microbial soap and an antiseptic shall be applied to that area. If piercing or other procedures penetrating the subcutaneous layer are to be performed, the area must be cleaned with a fresh antiseptic solution. If shaving is necessary, safety razors with single-service blades shall be used and discarded after each use. Following shaving, the skin and surrounding area shall be washed with anti-microbial soap, and the washing pad shall be discarded after single use.
2. 
In the event of blood flow, all products used to check the flow of blood or to absorb blood shall be used only once and disposed of immediately after use.
L. 
Sanitation And Sterilization.
1. 
All non-disposable instruments used for tattooing and body piercing and/or branding shall be cleaned thoroughly after each use by scrubbing with an anti-microbial soap solution and hot water or an appropriate disinfectant to remove blood and tissue residue and placed in an ultrasonic unit which shall remain on the premises of the tattooing and body piercing and/or branding establishment and which will be operated in accordance with the manufacturer's instructions.
2. 
After cleaning, all non-disposable instruments used for tattooing and body piercing and/or branding shall be packed individually in paper peel-packs and sterilized. All paper peel-packs shall contain either a sterilizer indicator or internal temperature indicator. Properly packaged, sterilized and stored equipment can be stored no more than one (1) year. Paper peel-packs must be dated with an expiration date not to exceed one (1) year. Sterile equipment may not be used after the expiration date without first repackaging and resterilizing.
3. 
All non-disposable instruments used for tattooing and body piercing and/or branding shall be sterilized in an autoclave at the tattooing and body piercing and/or branding establishment. Off-site sterilization is prohibited. The sterilizer shall be used, cleaned and maintained according to manufacturer's instructions. A copy of the manufacturer's recommended procedures for the operation of the sterilization unit must be available for inspection by the Health Official.
4. 
Each holder of a license for a tattooing and body piercing and/or branding establishment shall confirm by monthly spore destruction tests that the sterilizer used in that establishment is capable of attaining sterilization. These tests shall be verified by an independent laboratory, and the test records shall be retained by the establishment for a period of three (3) years and shall be provided to the Health Official upon request. Failure to provide the Health Official with documentation of the sterilizer's ability to destroy spores shall be deemed an immediate health hazard.
5. 
After sterilization, instruments used for tattooing and body piercing and/or branding shall be stored in a dry, clean cabinet or other tightly covered container reserved for the storage of such instruments.
6. 
All instruments used for tattooing and body piercing and/or branding shall remain stored in sterile packages until just prior to performing a tattooing and body piercing and/or branding procedure. When assembling instruments used for performing tattooing and body piercing and/or branding, the operator shall wear disposable medical gloves and use techniques to ensure that the instruments and gloves are not contaminated.
7. 
All inks, dyes and pigments shall be specifically manufactured for performing tattooing and body piercing and/or branding procedures and shall not be adulterated. Immediately before applying a tattoo, the quantity of the dye to be used for the tattoo shall be transferred from the bottle and placed into sterile, single-use paper cups or plastic caps. Upon completion of the tattoo, these single cups or caps and their contents shall be discarded.
M. 
Requirements For Single-Use Items.
1. 
All sharp instruments shall be sterilized prior to use and stored in paper peel-packs.
2. 
Single-use items shall not be used on more than one (1) client for any reason. After use, all single-use needles, razors and other sharp instruments shall be immediately disposed of in approved sharps containers. Piercing needles are strictly single use.
3. 
All tattooing and body piercing and/or branding stencils shall be single-use and disposable. Petroleum jellies, soaps and other products used in the application of stencils shall be dispensed and applied on the area to be tattooed or branded with sterile gauze or in a manner which prevents contamination of the original container and its contents. The gauze shall be used only once and then be discarded.
N. 
Requirements For Premises.
1. 
Tattooing and body piercing and/or branding establishments applying for a license shall submit a scale drawing and floor plan of the proposed establishment for a plan review by the Health Official as part of the license application process.
2. 
Insects, vermin and rodents shall not be present in any part of the tattooing and body piercing and/or branding establishment, its appurtenances or appertaining premises.
3. 
There shall be a minimum of thirty-five (35) square feet of floor space for each procedure room. Each tattooing and body piercing and/or branding establishment shall have an area which may be screened from public view for clients requesting privacy. Multiple procedure rooms shall be separated by wipeable dividers, curtains or partitions.
4. 
No animals of any kind shall be allowed in a procedure room except service animals used by persons with limitations. Small animals confined to a cage or aquarium are allowed only outside a procedure room.
5. 
A separate, readily accessible hand sink with hot and cold running water, under pressure, preferably equipped with wrist- or foot-operated controls and supplied with liquid anti-microbial soap and disposable paper towels shall be readily accessible within the tattooing and body piercing and/or branding establishment. One (1) hand sink shall serve no more than three (3) operators. In addition, there shall be a minimum of one (1) lavatory, excluding any service sinks, and one (1) toilet in a tattooing and body piercing and/or branding establishment in a completely enclosed restroom vented to the outside.
6. 
At least one (1) covered waste receptacle shall be provided in each operator area and each toilet room. Receptacles in the operator area shall be emptied daily and solid waste shall be removed from the premises at least weekly. Receptacles in the operator area shall either have a foot-operated lid or a lid that can and shall remain open during tattooing and body piercing and/or branding procedures to prevent hand contact with the receptacle during a procedure. All refuse containers shall be lidded, cleanable and kept clean. All refuse containers not in use shall be kept covered.
7. 
All instruments and supplies shall be stored in clean, dry, covered containers.
8. 
If reusable cloth items, including, but not limited to, lapcloths, are used, they shall be mechanically washed after each client procedure. Reusable cloth items shall be mechanically washed with detergent and dried. The cloth items shall be stored in a clean, dry environment. If a mechanical washer is used on site, a mechanical dryer must also be used and the dryer must be vented to the outside.
O. 
Prohibitions. Obtaining or attempting to obtain any tattooing and body piercing establishment or operator license by means of fraud, misrepresentation or concealment is prohibited.
P. 
Penalties. Any owner or operator or any tattooing and body piercing and/or branding establishment engaged in the business of tattooing and body piercing and/or branding without a license required by this Section shall be subject to a fine. The fine for performing tattooing and body piercing and/or branding without a license shall be up to five hundred dollars ($500.00) for each offense; each tattooing and body piercing and/or branding procedure performed without a license shall constitute a separate offense; so shall each day an operator or tattooing or body piercing and/or branding establishment offers to perform tattooing and body piercing and/or branding. The fine provided by this Section is in addition to any other remedy available in the enforcement of this Section, including injunctive relief to prevent that operator or establishment from performing tattooing and/or body piercing and/or branding. Any other violation of any provision of this Section, shall upon conviction, be subject to a fine of up to five hundred dollars ($500.00).
Q. 
Violations By Licensees.
1. 
If the holder of any license issued pursuant to this Section violates any provision of this Section or that license, the Health Official shall issue a warning for the first (1st) offense, and the City of Weldon Spring may suspend or revoke license or refuse to renew for subsequent offenses.
2. 
No license shall be suspended or revoked, nor shall any application to renew a license be refused, until the licensee has been afforded an opportunity for a hearing before the Board of Aldermen after notice of at least five (5) working days, except if the Health Official determines that the operation constitutes an immediate hazard to public health or the licensee interferes with the Health Official's performance of his/her duties at which time the Health Official may suspend the license pending a hearing before the Board of Aldermen. Such interference includes refusal to permit access to the premises of a licensee's tattooing and body piercing and/or branding establishment.
3. 
Warning and notices of violation and hearing shall be served either personally or by certified mail, postage pre-paid, to the licensee's address of record. Notices of violations and hearing shall state the date, time and place of hearing and set forth the charges against the licensee.
4. 
The decision of the Board of Aldermen shall be final, subject to appeal under Chapter 536, RSMo.
R. 
Joint Responsibility.
1. 
If an operator violates this Section while performing tattooing and body piercing and/or branding, the establishment shall also be deemed to be in violation and the establishment license shall also be subject to warnings and the administrative penalties of suspension or revocation in accordance with the provisions of this Section.
2. 
If any term, condition or provision of this Section shall, to any extent, be held to be invalid or unenforceable, the remainder hereof shall be valid in all other respects and continue to be effective; and each and every remaining provision hereof shall be valid and shall be enforced to the fullest extent permitted by law. In the event of a subsequent change in applicable law so that the provision which has been held invalid is no longer invalid, said provision shall thereupon return to full force and effect without further action by the City and shall thereafter be binding.
[1]
Editor's Note — Ord. no. 04-06 §§1 — 19, adopted March 25, 2004, repealed section 605.050 "body piercing on minors" and enacted new provisions set out herein. Former section 605.050 derived from ord. no. 98-36 §§1 — 8, 11-10-1998.
[Ord. No. 94-35 §§1 — 15, 8-9-1994]
A. 
Missouri Cities of the Fourth Class, Weldon Spring being such, have the authority, pursuant to the provisions of Section 79.450(2), RSMo., as amended, to enact ordinances to maintain the peace and welfare of the City, its trade and commerce and to restrain the discharge of firearms.
B. 
This Section is enacted to reduce the potential for situations where employees or customers of certain businesses are exposed to risk of death or serious injury from the actions of individuals with criminal intent. In recent years there have been many deaths in convenience stores caused by individuals with criminal intent who have found these businesses very convenient for their purposes; and the Board of Aldermen of the City of Weldon Spring believe that this danger to public safety can be deterred and restrained by the use of video cameras and that such camera recordings are very useful in the identification and apprehension of those criminal suspects.
C. 
For purposes of this Section, a "convenience store business" means any place of business that is primarily engaged in the retail sale of groceries, or both groceries and gasoline, and is open for business at any time between the hours of 11:00 P.M. and 5:00 A.M. The term "convenience business" does not include:
1. 
A business that is solely or primarily a restaurant;
2. 
A business that has at least ten thousand (10,000) square feet of retail floor space; or
3. 
A business which is owned by a person who owns a business at no other location.
D. 
Any business as defined in Subsection (C) shall be equipped with a functioning surveillance camera between the hours of 8:00 P.M. and 6:00 A.M. or that portion of those hours said business is open.
E. 
The surveillance camera shall be positioned so as to record on film or videotape the image of all persons entering the business and/or all persons approaching within five (5) feet of the cash register. All proposed installations and positioning of a surveillance camera shall be submitted in advance to the Police Commissioner for determination and approval that the same meets the requirements set out in this Section.
F. 
Any business as defined in Subsection (C) above may apply to Police Commissioner for exemption from the provisions of this Section if that business has undertaken alternate security measures which are substantially equal to or more effective in preventing criminal activity, assisting in the apprehension of the perpetrator and for protecting employees. The Police Commissioner shall provide written standards which the Police Commissioner or the designee of the Police Commissioner will consider in determining alternate security measures. If the Police Commissioner approves such alternate security measures submitted by the business, then the business is not required to comply with provisions of this Section for as long as the approval of the Police Commissioner is effective. If the application for exemption is denied by the Police Commissioner, the business may then appeal to the Board of Aldermen for further review of the application for exemption and the decision by the Board of Aldermen shall be final, except to such extent as the same may be changed by judicial review.
G. 
Cameras shall be maintained in proper working order and positioned correctly at all times and shall be subject to inspection by the Police Commissioner.
H. 
All businesses commencing operations from and after the effective date of this Section, August 9, 1994, shall immediately comply with all of the provisions upon opening its doors to the public. All businesses in operation within the City limits of Weldon Spring (doors open to the public on a regular and continuous basis) prior to the effective date of this Section by no later than December 1, 1994.
I. 
Alternate security measures may include an armed security guard on the premises at all times the business is open to the public, more than two (2) employees on duty at all times the business is open to the public, and a working system that signals a problem to a manned monitoring area away from the business.
J. 
The surveillance camera must be a color video camera and must be operating during the hours listed below in Subsection (M). Businesses having black and white video at the time this Section is enacted are grandfathered. However, those cameras, when replaced, must be brought in compliance with the color standards.
K. 
The tape must be stored and not reused for fourteen (14) days in case it is needed for evidentiary purposes. The tape can then be reused but not more than eighteen (18) times to prevent distortion.
L. 
The video camera must be positioned to record the image of all people who come within five (5) feet of the cash register. The camera should be positioned so that the person, not the employee, faces it.
M. 
The camera must be in constant use between 8:00 P.M. and 6:00 A.M. of the following day or that portion of those hours that the business is open to the public.
N. 
Nothing in this Section prohibits any business from using additional cameras, alarms or other security measures. Nor does it prevent any business from using those measures more than the required hours.
O. 
Any person, firm or corporation violating any provision, Section or paragraph of this Section shall be guilty of an infraction and upon conviction thereof be subject to a fine of not more than five hundred dollars ($500.00) or be imprisoned for not more than ninety (90) days. Each day a violation occurs shall constitute a separate offense.