[Ord. No. 21-07, 5-27-2021[1]]
A.
License
Required.
1.
Except as set out in Section 605.005(B), no person shall engage in, prosecute or carry on any business, trade, profession, vocation or occupation, either in whole or in part, by maintaining an office or business location within the City of Weldon Spring, Missouri, or by soliciting orders through such office or business location, or by any other manner whatsoever, unless he/she shall have first obtained a business license from the City of Weldon Spring, Missouri, in the form on file in the City offices.
2.
Each such business license shall be in effect for one (1) calendar
year commencing on October 1 of each year.
3.
It shall be unlawful to engage in, prosecute or carry on any business,
trade, profession, vocation or occupation, either in whole or in part,
selling products or providing services for compensation by maintaining
an office or business location within the City of Weldon Spring, Missouri,
or by soliciting orders through such office, or by any other manner
whatsoever, for compensation as described herein without a business
license.
4.
Any home-based businesses within the City of Weldon Spring, Missouri, must conform with the zoning restrictions set out Section 405.215(B) and (C).
B.
Persons
Not To Be Charged For Business License.
1.
No person engaged in 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.
2.
No person engaged in 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.
[1]
Editor's Note: Ord. No. 21-07 repealed former Sections 605.010,
Business Licenses, and 605.020, Persons Not To Be Charged For Business
License, which derived from R.O. 2004 §§ 605.010, 605.020;
Ord. No. 02-27; and Ord. No. 11-11.
[Ord. No. 21-07, 5-27-2021]
A.
Applications.
1.
Applications for all licenses and permits required by ordinance shall
be made, in writing, on forms provided by the City Clerk and submitted
to the City Clerk. Each application shall state the name of the applicant,
the permit or license desired, the location to be used, if any, the
time covered and the fee to be paid; and each application shall contain
such additional information as may be needed for the proper guidance
of the City officials in the issuing of the permit or license applied
for. The completed application shall be submitted to the City Clerk's
office along with the appropriate fees. It shall be unlawful for any
person to supply false or fraudulent information on the application
filed with the City. An application shall be completed for each type
of business whether at the same or different locations, provided that
the provisions of the peddler, solicitors and canvassers business
license shall prevail for that type of license.
2.
Each applicant for a business license under this Article shall submit
a statement from the Missouri Department of Revenue pursuant to Section
144.083.4, RSMo., stating no tax is due, which statement is a prerequisite
to the issuance or renewal of a City of Weldon Spring business license.
The statement required by this Section shall be dated within ninety
(90) days of submission of the business license application or renewal
application. (Section 144.083.4, RSMo.)
3.
All holders of licenses or permits shall be responsible for reporting
changes in initial application data immediately as the same occur.
The form of licenses shall be prescribed and furnished by the City
Clerk or his/her designee.
B.
Issuance.
1.
All licenses shall be granted and signed by the City Clerk upon proof
of compliance with the provisions of this Chapter and upon proof of
a certificate of insurance for workers' compensation coverage if said
applicant for license is required to cover his/her liability under
Section 287.061, RSMo.
C.
Denial.
1.
Failure to have or to provide proof of workers' compensation coverage
as required under Section 287.061, RSMo., as amended;
2.
Providing fraudulent information regarding workers' compensation
coverage on an application for business license;
3.
The business or activity sought to be licensed would be conducted
in violation of any law of the United States or of the State or ordinance
of the City; or
4.
Any other basis for denial or revocation as set out in this Title
VI.
[Ord. No. 21-07, 5-27-2021]
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.
The
annual business license period begins on October 1st of each year
and expires on September 30th of each year. Any license fee during
such one-year period will not be prorated.
C.
Types
Of Fees.
1.
New business license fees shall be at a cost of fifty dollars ($50.00),
which is a non-refundable administrative fee intended to cover review
and processing.
2.
Annual renewals of business licenses shall be at a cost of thirty-five
($35.00). The renewal fee is due no later than October 1st of each
year. All annual renewal application will additionally be assessed
a twenty-five dollar ($25.00) late fee if not received and completed
in full by October 1st of each year.
3.
A replacement fee of fifteen dollars ($15.00) will be assessed for
lost, stolen, or destroyed business licenses.
D.
Business
licenses are not transferable to another business owner. A new application
must be completed, approved, and purchased if a business moves to
a new address or comes under new management.
E.
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.
[Ord. No. 21-07, 5-27-2021]
A.
Automatic
Revocation.
1.
Any license issued by the City of Weldon Spring to a business under the provisions of this Article shall automatically be revoked, as required by Section 144.083, RSMo., by the revocation of the Missouri Sales Tax License issued to the person/entity holding such license. Upon receipt of a notice of the revocation of such Missouri sales tax license of a person/entity holding a license under this Article, the City Clerk shall immediately cause a written notice of the revocation of that person/entity's City license to be delivered to the license holder. Such notice shall state that the business of such person/entity shall be suspended forthwith until such time as the Missouri sales tax license has been reinstated. This notice shall be enforceable as provided in Section 605.025 of this Article.
B.
Grounds
In General. Any license issued by the City under the provisions of
this Chapter may be revoked for any of the following reasons, in addition
to any other reason specified in this Chapter:
1.
Any failure to comply with, or any violation of any provisions of
this Chapter, or the laws of the State of Missouri, by any licensee.
2.
Violation of the terms and conditions upon which the license was
issued.
3.
Violation of the terms and conditions of any permit granted by the
City related to the business for which the license was issued.
4.
Violation of any ordinance of the City regulating business activities,
operations or other related matters.
5.
Failure of the licensee to pay any tax, user fee or other obligation
due to the City.
6.
Illegal or improper issuance of the license.
7.
Illegal or illicit activities at the business.
8.
Any misrepresentation or false statement in the application for such
license.
9.
Causing, maintaining or assisting in the cause or maintenance of
a nuisance, whether public or private. For the purpose of this Article,
a nuisance is defined as anything done to the annoyance or hurt of
the lands, tenements or hereditaments of another. By hurt or annoyance,
there is meant not a physical injury necessarily, but an injury to
the health, comfort or welfare of the owner or possessor of the property
as respects his/her possession or enjoyment of his/her property.
C.
Procedures. In any case in which the City receives three (3) formal written complaints in a twelve-month calendar year, the City Clerk/Code Enforcement Officer/City Planner will open an investigation to determine if the violations are egregious enough to warrant more severe consequences from the City. If the violations are egregious enough, a case exists for the revocation of a license issued under the provisions of Subsection (B) of this Section, the following procedure shall govern:
1.
The Board of Aldermen shall set a hearing to consider the question
of revocation.
2.
At least ten (10) days prior to such hearing, written notice shall
be mailed to the licensee at his/her last known address as shown in
the records of the City Clerk advising the licensee of the time and
place of the hearing and of the reason for considering revocation
of his/her license.
3.
During the pendency of this hearing before the Board of Aldermen
the licensee shall be permitted to continue the operation of his/her
business.
4.
At the hearing set by the Board of Aldermen, the Board shall hear
all relevant evidence justifying the revocation of the license and
all relevant evidence justifying the retention of the license.
5.
The licensee may be present in person or by his/her attorney and
may present evidence and call and cross examine witnesses.
6.
A super majority vote is necessary to revoke a license.
D.
Appeals.
Any person aggrieved by the decision of the Board of Aldermen shall
have the right to appeal to the Circuit Court pursuant to Chapter
536, RSMo.
1.
Costs shall not be taxed against the Board of Aldermen unless it
shall appear to the Court that it acted with gross negligence or in
bad faith or with malice in making the decision appealed from.
2.
Reasonable attorney fees of the City may be reimbursed to the City
by the person or persons, jointly or severally, taking an appeal from
the decision of the Board of Aldermen where the decision of the Board
of Aldermen is affirmed by a final order of the Circuit Court.
[Ord. No. 21-07, 5-27-2021]
A.
Any person, including any employer of any person, who fails to comply with, or commits any violation of, any provision of this Article shall be guilty of an ordinance violation, and shall be punishable, upon conviction thereof, pursuant to Section 100.220, the General Penalty, in the Weldon Spring Municipal Code. This fine shall be in addition to any other penalties prescribed in this Code or ordinances of the City or the laws of the State; and each day such failure to comply or such violation continues shall be deemed a separate offense.
B.
In
addition to the enforcement provisions contained elsewhere in the
City Code, any person carrying on or pursuing any business, trade,
profession, vocation or occupation which requires either a general
business license or a special business license without first having
obtained the appropriate license therefor shall be liable for the
following penalty:
1.
Initial Licensing. If any person shall commence business in the City
without first having been licensed, and if the license fee (where
applicable) is not paid within thirty (30) days after opening, a penalty
of twenty-five dollars ($25.00) will be added to the initial license
fee.
2.
Renewal Licensing. If any person shall continue to operate a business,
profession or occupation within the City without first renewing the
appropriate license as described in the City Code, a penalty of twenty-five
dollars ($25.00) will be added to the renewal fee. However, businesses
will be treated as new businesses if they are delinquent more than
ninety (90) days (after January 1st of each year).
3.
Notwithstanding any other provision of this Section to the contrary,
if any person shall be delinquent in the payment of any license tax,
such person shall pay to the City such penalties and interest payments
as set forth in Section 71.625.2, RSMo., as amended.
[R.O. 2004 § 605.030; Ord. No.
94-38 §§ 1 — 9, 9-13-1994; Ord. No. 19-10, 6-11-2019]
A.
Statutory Authority. 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.
Purpose. 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.
Solicitor's License Required.
1.
No person shall act as solicitor within the City without first
obtaining an identification card with the City Clerk. The identification
card must be visible by the solicitor for the purpose of reassuring
City residents that the solicitor has a solicitor license.
2.
An applicant for a solicitor's license shall provide the following
to the City:
a.
The name of the applicant.
b.
The permanent home address and telephone number and full local
address and telephone number of the applicant.
c.
A brief description of the nature of the business and the goods
and items solicited and a copy of any sales flyers or literature.
d.
The name, address and phone number of the employer, organization
or company represented.
e.
The place the goods, wares or merchandise will be sold.
f.
Missouri sales tax number or a letter from the Department of
Revenue stating registration with the Department of Revenue is not
required.
g.
Apply at least twenty-four (24) hours prior to issuance of the
license.
h.
Complete the necessary authorization form to conduct a criminal
background with State of Missouri Highway Patrol. Complete the necessary
authorization form to conduct a criminal background with State of
Missouri Highway Patrol.
i.
Such other information as the City may require.
D.
License Fee.
1.
The fee provisions of this Section shall not apply to not-for-profit
solicitors upon presentation of proof of not-for-profit (i.e., boy
scouts, girl scouts, and church groups) status; however, they must
register with the City Clerk and obtain a license.
2.
The solicitor's license fee shall be twenty-five dollars ($25.00)
per application. The duration of each license shall be a maximum of
seven (7) days or one (1) week.
3.
Solicitor's license renewal fee shall be twelve dollars ($12.00)
per application. Renewal license application shall be valid within
one (1) year of the initial application.
E.
Solicitation Without A License Prohibited.
1.
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.
F.
Hours
Solicitation Authorized. It is only lawful for anyone to solicit any
private residence from 8:00 a.m. to sunset.
G.
Unlawful Activities. 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 that constitutes an endorsement or approval by the City.
5.
Soliciting door to door between the hours of sunset to 8:00 a.m.
H.
Enforcement.
The St. Charles County Chief of Police or his/her deputy 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 Sheriffs Department. In such cases the solicitor's
license and the privilege of soliciting is subject to immediate cancellation
by the St. Charles County Chief of Police or his/her deputy.
I.
Violation
And Penalty. Any person found to be in violation of any provision
of this Section shall be subject to arrest by the St. Charles County
Sheriffs 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.
[R.O. 2004 § 605.040; 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-day 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.
[R.O. 2004 § 605.050; Ord. No.
04-06[1] §§ 1 — 19, 3-25-2004; Ord. No. 17-05, 7-11-2017]
A.
ANTISEPTIC
APPLICANT
APPROVED
AUTOCLAVE
BODY PIERCER
BODY PIERCING
BODY PIERCING ESTABLISHMENT, PARLOR OR STUDIO
CITY
CLEANING
CLIENT
CONTAMINATED WASTE
COSMETIC TATTOOING
DISINFECTANT
EMPLOYEE
HOT WATER
INSTRUMENTS USED FOR TATTOOING AND/OR BODY PIERCING
INVASIVE
JEWELRY
MINOR
NEEDLE
NEEDLE BAR
OPERATOR
PATRON
PERMANENT COSMETIC TATTOOING
PERSON
PRACTITIONER
PROCEDURE ROOM
PROCEDURE SURFACE
SHARPS
SHARPS CONTAINER
SHARPS WASTE
SINGLE USE
STERILIZATION
TATTOOING
TATTOO MACHINE
For the purposes of this Section,
the following words and phrases shall have the meanings respectively
ascribed to them by this Section:
A chemical product or substance that kills or inhibits the
growth of bacteria and organisms on skin, living tissue or work areas.
Any person who applies for a license as required by this
Article.
Acceptable to the Office of Tattooing and/or Body Piercing
based on its determination of conformance to these rules and generally
accepted standards of public health.
An apparatus, device or mechanism for sterilizing articles
by using superheated steam under pressure.
Any individual who, for a fee, performs body piercing procedures
on a human being, excluding the ears, at the patron or client's request.
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.
The premises where a body piercer performs body piercing.
The City of Weldon Spring, Missouri.
The removal of foreign material, soil, dirt and any other
type of debris from all equipment coming into contact with a patron/client,
and is normally accomplished with detergent, water and mechanical
action.
Any person who receives a tattoo and/or body piercing.
Any liquid or semiliquid blood or other potentially infectious
material in a liquid or semiliquid state if compressed; items that
are caked or covered with dried blood or other potentially infectious
materials which are capable of releasing these materials during handling;
contaminated sharps and pathological and microbiological wastes containing
blood and other potentially infectious materials, as further defined
in State and Federal regulations.
The practice of depositing pigment into the epidermis, utilizing
needles, which is either permanent, semipermanent or temporary by
someone other than a State-licensed physician. Cosmetic tattooing
shall also include permanent cosmetics, dermography, micropigmentation,
permanent color technology and micropigment implantation.
A chemical that is capable of destroying disease-causing
organisms on humans or inanimate objects, with the exception of bacterial
spores.
Any person, other than an operator, who renders any service
to the licensee or customer and who receives compensation or any consideration.
Water at a temperature of one hundred eleven degrees Fahrenheit
(111° F.) or higher.
Hand pieces, needles, needle bars, and other instruments
that may come in contact with a patron or client's body during tattooing
and/or body piercing procedures.
Entry into the body either by incision or insertion into
or through the skin or mucosa, or by any other means intended to compromise
the skin or mucosa (mucous membrane).
Any personal ornament inserted into a pierced area. Jewelry
inserted into a newly pierced area must be made of surgical implant
grade stainless steel, solid fourteen karat (14k) or eighteen karat
(18k) white or yellow gold, niobium, titanium or platinum. Jewelry
must be free of nicks, scratches or irregular surfaces and must have
been properly sterilized prior to use in a piercing procedure. Piercing
studs are not considered jewelry for purposes of these regulations.
A person under the age of eighteen (18) years of age.
Either of the following:
The metal or plastic device used to attach the needle to
a tattoo machine.
Any person or practitioner who operates any instrument, tool
or equipment to perform tattooing and/or body piercing on a person.
Any client or person who receives a tattoo and/or body piercing
procedure.
Includes eyeliner, eyebrows, lip liner, full lip color, repigmentation
or camouflage.
Any individual, firm, LLC, LP or corporation or partnership
who operates or owns a tattooing and/or body piercing business.
Any person or operator who operates any instrument, tool
or equipment to perform tattooing and/or body piercing on a person.
A room in the tattoo and/or body piercing establishment,
parlor or studio where the tattooing and/or piercing is performed.
Any surface that contacts the client's unclothed body during
a tattooing or piercing procedure, or any associated work area which
may require sanitizing.
Any object that is used for the purpose of penetrating the
skin or mucosa, including, but not limited to, needles, scalpel blades
and razor blades.
A puncture-resistant leakproof container that can be closed
for the purpose of handling, storing, transporting and disposing of
sharps waste. The container shall be clearly and distinctly labeled
with the "biohazard" symbol.
Any solid waste that consists of medical equipment or clinical
laboratory articles and implements that may cause punctures or cuts,
such as tattoo needles, body piercing needles, hypodermic needles,
syringes with attached needles and lancets, whether contaminated or
disinfected.
Products or items that are intended for one-time, one (1)
person use and are disposed of after use on each patron or 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.
Destruction of all forms of microbiotic life, including spores.
Any method of placing ink or other pigment into or under
the skin or mucosa by the use of needles or any other instruments
used to puncture the skin, resulting in permanent coloration of the
skin or mucosa (mucous membrane). This includes all forms of cosmetic
tattooing.
An electrical instrument used in conjunction with a tube,
needle and needle bar to make indelible marks on the skin.
B.
Business Licenses Required — Application. It shall be unlawful
for any person to own or operate a tattoo and/or body piercing business
establishment, parlor or studio in the City of 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
business establishment, parlor or studio shall first obtain an application
for a license from the City Clerk and said application shall contain
the following information:
a.
Name of applicant.
b.
Residence of applicant.
c.
If a partnership, or corporation, the names and resident addresses
of each of the owners and/or partners, whether general or limited,
LLC or LP.
d.
The proposed location of the proposed business establishment,
parlor or studio.
e.
The proposed hours of operation.
f.
The names of all current employees and their exact duties.
g.
The names and addresses, date and place of birth, height, weight,
sex and color of eyes and hair and training and/or experience of all
tattoo and/or body piercing operators.
h.
A complete description of all tattoo and/or body piercing services
to be provided.
i.
Each operator must submit a current operator's license that
has been issued by the Director of the Division of Professional Registration
of the State of Missouri.
j.
Identification photographs of all operators.
2.
Newly hired operators will provide their documentation to the
City within thirty (30) days of the start of their employment.
3.
No license issued under this ordinance shall be transferable
or assignable.
C.
Prerequisites To Tattooing And/Or Body Piercing. Tattoo and/or body
piercing shall only be performed in strict conformance with all of
the following:
1.
Performing tattooing and/or body piercing is prohibited on any
person under the age of eighteen (18). Ear single piercing for persons
under the age of eighteen (18) is permitted if the parent(s) approve
and a parent is present.
2.
Before administering the tattoo, the patron and/or client shall
be advised that the tattoo should be considered permanent, that it
can only be removed with a surgical procedure, and that effective
removal is likely to leave permanent scarring and possible disfigurement.
A written cautionary notice to that effect must be furnished to and
signed by the patron and/or client.
3.
Tattoos and/or body piercings 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 and/or client is
not under the influence of alcohol or drugs.
4.
The tattoo and/or body piercing business establishment, parlor
and/or studio shall obtain a copy of a Federal- or State-issued ID,
and keep a permanent record of all patrons and/or clients tattooed
and/or pierced, stating the name, age, address, date of tattoo and/or
body piercing, the operator's name, and the place on the body where
tattooed or the part of the body that was pierced, and a description
of the design of the tattoo. All such records shall be maintained
in the establishment, parlor and/or studio for a period of not less
than three (3) years and shall be made available to the City's Code
Enforcement Officer or Law Enforcement Officer upon request.
D.
Sanitation Requirements — General Provisions.
1.
Smoking, eating, or drinking by anyone is prohibited in the
area where tattooing and body piercing preparation, procedure and
cleanup is being performed.
2.
All operators shall maintain a high degree of personal cleanliness,
conform to hygienic practices and wear clean clothes when performing
tattooing and/or body piercing. Before performing tattooing and/or
body piercing, the operator must thoroughly wash his/her hands in
hot running water with a liquid antimicrobial soap, then rinse his/her
hands and dry with an approved sanitary method.
3.
In performing tattooing and/or body piercing, the operator shall
wear disposable medical gloves. The gloves shall be discarded, at
a minimum, after the completion of each procedure on an individual
patron and/or client.
4.
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 "biohazard" symbol. It must
then be disposed of by, or delivered to, an approved medical waste
facility pursuant to Federal, State and County regulations. Used sharps
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.
E.
Sterilization — Requirements.
1.
All non-disposable instruments used for tattooing and/or body piercing
shall be cleaned thoroughly after each use by scrubbing with an antimicrobial
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/or body piercing establishment,
parlor or studio and which will be used only in accordance with the
manufacturer's instructions.
2.
After cleaning, all non-disposable instruments used for tattooing
and/or body piercing 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/or body piercing
shall be sterilized in an autoclave at the tattooing and body piercing
establishment, parlor or studio. Off-site sterilization is prohibited.
4.
After sterilization, instruments used for tattooing and/or body piercing
shall be stored in a dry, clean cabinet or other tightly covered container
reserved for the storage of such instruments.
5.
All inks, dyes, and pigments shall be specifically manufactured for
performing tattooing and/or body piercing 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 or plastic cups/caps.
Upon completion of the tattoo, these single cups/caps and their contents
shall be properly and safely discarded.
F.
Requirements For Premises.
1.
Tattooing and/or body piercing establishments, parlors or studios
applying for a business license shall submit a scale drawing and floor
plan of the proposed establishment for a plan review as part of the
licensing process.
2.
All walls, floors and ceilings of a tattooing and/or body piercing
business establishment, parlor or studio shall be smooth, free of
open holes or cracks, washable and in good repair. Walls, floors and
ceilings must be maintained in a clean condition. All surfaces, including
client chairs and benches, shall be of such construction as to be
easily cleaned and sanitized after each patron or client procedure.
All tattooing and/or body piercing establishments, parlors or studios
shall be completely separated by solid partitions, or by walls extending
from floor to ceiling, from any room used for human habitation, a
food establishment, or a room where food is prepared, or a hair salon,
retail sales, or other such activity which may cause potential contamination
of work surfaces.
3.
There shall be a minimum of thirty-five (35) square feet of floor
space for each procedure room. Each tattooing and/or body piercing
establishment, parlor or studio shall have an area which may be screened
from public view for patrons or clients requesting privacy. Multiple
procedure rooms shall be separated by wipeable partitions or dividers.
Curtains or draperies are not considered acceptable partitions or
dividers.
4.
A separate, readily accessible hand sink with hot and cold running
water, under pressure, preferably equipped with a wrist- or foot-operated
control, shall be installed. 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 the establishment, parlor or studio in a completely enclosed restroom
vented to the outside.
G.
Zoning,
Hours Of Operation And Number Of Licenses Which May Be Authorized
Or Issued.
1.
Tattoo and/or body piercing business establishments, parlors or studios
may only be allowed in medical or general commercial zoned districts
by Board of Aldermen approval only.
2.
Tattoo and/or body piercing businesses may only operate from the
hours of 8:00 A.M. until 8:00 P.M.
3.
The total number of licenses within the City limits of Weldon Spring
for a tattoo and/or body piercing and/or cosmetic or permanent makeup
business establishment, parlor or studio which may be issued or authorized
by the Board of Aldermen shall not exceed two (2) tattoo and/or body
piercing licenses and two (2) cosmetic or permanent makeup licenses
at any given time.
4.
Upon submittal of a renewal business license application, the City
Clerk will review the file for any complaints, and renewal applications
are then to be sent to the Board of Aldermen for approval.
[Ord. No. 17-07, 8-24-2017]
H.
Violations
By Licensees.
1.
If the holder of any license issued pursuant to this Section violates
any provision of this Section or the license, the City Code Enforcement
Officer shall issue a warning for the first offense, and the City
may suspend or revoke the license or refuse to renew if there are
subsequent offenses. 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 a notice of at least five (5) working days, unless
the Code Enforcement Officer determines that the operation constitutes
an immediate hazard to public health.
2.
Warning and notices of violations and hearings shall be served either
personally or by certified mail to the licensee's address of record.
Notices of violations and hearings shall state the date, time and
place of hearing and set forth the allegations against the licensee.
3.
The Board of Aldermen shall issue a decision in writing, either suspending,
revoking or not renewing the license or finding in favor of the licensee
within five (5) working days of the conclusion of the hearing.
4.
If an operator violates this ordinance while performing tattooing
and/or body piercing, the business establishment, parlor or studio
shall also be deemed to be in violation and the operator shall also
be subject to warnings, administrative penalties, suspension or revocation.
5.
The decision of the Board of Aldermen shall be final.
I.
Penalties. Any owner or operator or any tattooing and/or body piercing
business establishment engaged in the business of tattooing and/or
body piercing without a license required by this Section shall be
subject to a fine of up to five hundred dollars ($500.00) for each
offense. Any person, firm, partnership or corporation violating any
provision of this Section shall, upon conviction, be subject to a
fine of up to five hundred dollars ($500.00). Each day of such violation
may constitute a separate offense.
[1]
Editor's Note: This ordinance also repealed former Section
605.050 "body piercing on minors," derived from Ord. No. 98-36 §§ 1
— 8, 11-10-1998.
A.
As used in this Section and Section 605.070, the term "convenience 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:
A.
For
the protection of employees and the consumer public at late-night
convenience businesses, every operator of a convenience business shall
ensure that such operator's convenience business is equipped with
the following:
1.
A bullet-resistant glass enclosure or security camera system capable
of recording and retrieving an image to assist Law Enforcement Officials
in the identification and apprehension of a criminal offender and
such system shall have at least one (1) camera focused on the cash
register area;
2.
A drop safe or cash-management device for restricted access to cash
receipts;
3.
Lighting for parking areas and entrances at an intensity to provide
clear visibility under normal conditions, which can be satisfied by
canopy lighting within ten (10) feet of the building;
4.
A conspicuous notice at the entrance which states that the cash register
contains limited funds;
5.
Height markers at the entrance of the convenience business which
display height measures;
6.
A cash management policy to limit the cash on hand at all times after
11:00 P.M. and before 5:00 A.M; and
7.
A silent alarm system which shall be connected to a security company
or a local Law Enforcement Agency, or a telephone, other than a pay
telephone, accessible to employees at all times.
B.
Every
operator of a convenience business shall additionally ensure that:
C.
For
the purposes of this Section, "operator" means any individual proprietor
or business entity responsible for the day-to-day operation of the
convenience business.
