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BULLET St. Louis City Revised Code Chapter 8.97 Tattoo Parlors

St. Louis City Revised Code (annotated) has been converted to electronic format by the staff of the St. Louis Public Library. This electronic version has been done for the interest and convenience of the user. These are unofficial versions and should be used as unofficial copies.

Official printed copies of St. Louis City Revised Code may be obtained from the Register's Office at the St. Louis City Hall.



Chapter 8.97
Tattoo Parlors

Sections:

8.97.010 Definitions.
8.97.030 Contents of application and plat.
8.97.040 Neighborhood consent petition.
8.97.050 Premises not allowed within 500 feet of elementary schools.
8.97.060 Hearing on application.
8.97.070 Approval of application.
8.97.080 Regulations.
8.97.090 Hours.
8.97.100 Sanitation and lighting.
8.97.110 Noise and conduct.
8.97.120 Number of chairs.
8.97.130 Renewal of licenses.
8.97.140 Revocation of licenses by neighborhood petition.
8.97.150 Revocation of licenses for violation.
8.97.160 Board of public service to adopt forms and promulgate rules.
8.97.170 Licenses for present tattoo parlors.
8.97.180 License collector prohibited from issuing license.

8.97.010 Definitions.

As used in this chapter:

A. "Tattoo parlors" means a business premises in which the act or practice of marking the human skin with patterns, pictures, legends, or words by making punctures in it and inserting pigments is conducted.

B. "Keeper" means any person, firm or corporation which operates a tattoo parlor.

C. "Premises" means a structure or building in which a tattoo parlor is situated.
(Ord. 57404 1 (part), 1977: 1960 C. 729.010.)

8.97.030 Contents of application and plat.

Every person applying for a tattoo parlor license shall file a written application and plat with the Board of Public Service setting forth his qualifications as follows:

A. Name, address, birthdate and place of birth;

B. His employment background for twelve years prior to the date of application and whether any previous business or occupational license, including any alcoholic beverage license and tattoo parlor license has been revoked and for what reasons;

C. Such other facts relevant to the general personal history of the applicant as he or the board of public service shall find necessary to a fair determination of the applicant's eligibility for a license;

D. The applicant shall also file a plat or drawing of the proposed premises showing the dimensions thereof together with the proposed number and location of the tattoo chairs, and also indicating the location of all doorways, windows, lights, entrances, and exits to the premises and the rest room facilities, if any, and such plat shall remain as part of the record concerning the application and premises.
(Ord. 57404 1 (part), 1977: 1960 C. 729.030.)

8.97.040 Neighborhood consent petition.

A. In addition to the application and plat, the applicant for a tattoo parlor license shall also file in the Board of Public Service, together with the application and plat, a written petition in favor of the issuance of such license. The petition shall be signed by a majority of the persons occupying premises or conducting any business on the main or surface floor of such building, the two floors immediately above the main or surface floor, and the floor immediately below the main or surface floor within the prescribed petition circle drawn by a radius of five hundred feet plus one-half of the width of the front of the premises, from the center of such premises projected to the streets. A neighborhood consent petition shall not be required for successive yearly renewal licenses for the same licensee on the same premises.

B. After the filing of an application with the Board of Public Service, the applicant shall be required to send a postcard addressed to "occupant" at each address within the petition circle of the proposed licensed premises, notifying them that an application has been filed and of the applicant's intent to circulate a neighborhood consent petition. The postcard shall be a preprinted form provided by the Board of Public Service and shall read substantially as follows:

"_______________ has/have applied to the Board of Public Service for a tattoo parlor license for the premises at _______________. The proposed use for these premises will include: _______________. Within the next month, a petition in support of the application will be circulated, which you may either sign or refuse to sign. If a public hearing is scheduled notices will be mailed. You may support or protest the application. For information, please contact the Board of Public Service."

The applicant shall pay an application fee for all administrative costs. The applicant shall be responsible for placing addresses and postage on the pre-printed postcards and returning them to the Board of Public Service, who, if satisfied that the applicant has provided cards addressed to occupant at each address within the petition circle, shall cause the post cards to be mailed immediately by the Board of Public Service. The Board of Public Service shall not provide the applicant with neighborhood consent petition forms, and the applicant may not solicit, or have others solicit, signatures on the neighborhood consent petition, for five days following mailing of the postcards. Upon filing of an application for a tattoo parlor license, the Board of Public Service shall have the premises for which a license is sought posted with a sign which contains substantially the same information as the pre-printed post card.
(Ord. No. 68571, 1, 2-23-2010: prior: Ord. 57404 1 (part), 1977: 1960 C. 729.040.)

8.97.050 Premises not allowed within 500 feet of elementary schools.

The Board of Public Services shall not approve or issue a license for a keeper of a tattoo parlor on premises within five hundred feet of an elementary school. For purposes of this section, the distance between the elementary school and the tattoo parlor premises shall be considered to be the distance between the nearest point of the building used for elementary school purposes.
(Ord. 57404 1 (part), 1977: 1960 C. 729.050.)

8.97.060 Hearing on application.

After filing of the application, plat and petition, and such other additional information as may be required by the Board of Public Service, it shall set a date for the hearing on the application within a reasonable time after the filing of the application or the last information, and shall give the applicant written notice of the date of the hearing. At such hearing, the applicant shall be entitled to produce testimony under oath, and the Board of Public Service shall have the authority to subpoena witnesses and to take their testimony under oath pertaining to all matters connected with the application, and any person owning property occupying premises or conducting a business on the main surface floor within the prescribed petition circle shall have the right to give testimony.
(Ord. 57404 1 (part), 1977: prior: 1960 C. 729.060.)

8.97.070 Approval of application.

A majority of the Board of Public Service in its sound discretion may approve such application after a hearing, if it is satisfied that the applicant is of good moral character and that the applicant has given evidence that he will be able to operate the premises in compliance with all regulations and laws governing such premises, and the applicant is a resident of the state, and his neighborhood consent petition is in due form, and the applicant's premises are not within five hundred feet of an elementary school as provided. A majority of the board of public service may propose and require changes in the premises in regard to the doorways, windows, lights, entrances, exits and toilet facilities and in regard to the number and location of tattoo chairs, before granting its approval of the application.
(Ord. 57404 1 (part), 1977: prior: 1960 C. 729.070.)

8.97.080 Regulations.

The regulations set forth in Sections 8.97.090 through 8.97.120 shall apply to all licensed tattoo parlors, and a licensee or operator of a tattoo parlor is at all times responsible for the orderly conduct of his tattoo parlor and the acts of any of his agents, servants or employees in the operation of his tattoo parlor.
(Ord. 57404 1 (part), 1977: prior: 1960 C. 729.080 (part).)

8.97.090 Hours.

All tattoo parlors shall be open only between the hours of 9:00 a.m. and 1:00 a.m. Central Standard Time or Daylight Savings Time, whichever shall be in effect. All tattoo parlors shall have all patrons removed and the doors locked by the closing times mentioned herein and shall suffer no person subject to curfew regulations to be or remain on the premises in violation of the curfew hours. Any licensee who repeatedly violates this regulation concerning curfew hours shall be deemed to have, prima facie, violated these regulations without showing of other violations.
(Ord. 57404 1 (part), 1977: prior: 1960 C. 729.080 (1).)

8.97.100 Sanitation and lighting.

All tattoo parlors shall be kept clean and well lighted so that the rear of the premises is plainly visible from the front of such premises.
(Ord. 47404 1 (part), 1977: prior: 1960 C. 729.080 (2).)

8.97.110 Noise and conduct.

No tattoo parlor shall suffer or permit any loud noises, boisterous or disorderly conduct in or around the premises or on any grounds of such premises, and he shall prevent the loitering of persons on the premises or on or around the grounds thereof.
(Ord. 57404 1 (part), 1977: prior: 1960 C. 729.080 (3).)

8.97.120 Number of chairs.

A licensee shall not increase the number of tattoo chairs over the number specified in his plat filed with the board of public service, provided, however, the board may authorize such increase upon application by the licensee.
(Ord. 57404 1 (part), 1977: prior: 1960 C. 729.080 (4).)

8.97.130 Renewal of licenses.

A. A licensee of a tattoo parlor who has obtained a license under this chapter may obtain a renewal of his license by filing a renewal application as provided by the board of public service, which shall contain the signed statement of the licensee that there has been no change in the information as provided on the original application and plat; if, however, such change has occurred, the applicant for a renewal license must state the changes. A majority of the board may approve such application for renewal without the appearance of the licensee before the board; provided, however, that the board may require the licensee to appear before it and to furnish such additional information as it deems necessary.

B. Whenever a majority of the board of public service for good cause refuses to renew a license, it shall notify the licensee of its decision and the reason therefor and shall further inform the licensee that he is entitled to a formal hearing before the board concerning the renewal. The licensee must file a request for such a formal hearing within fourteen days after the date of the board's refusal to renew shall be final and nonappealable. After a formal hearing, a majority of the board may affirm or modify its decision as it deems necessary.
(Ord. 57404 1 (part), 1977: prior: 1960 C. 729.090.)

8.97.140 Revocation of licenses by neighborhood petition.

Whenever a majority of the persons, if any, owning property, and a majority of persons, if any, occupying premises or conducting any business on the main surface floor of premises within a prescribed petition circle drawn by a radius of five hundred feet plus one-half of the width of the front of the tattoo parlor from the center of such premises projected to the street, shall sign and thereafter file a written petition before the board of public service demanding the revocation of the license which has been issued for the tattoo parlor premises within the above-mentioned area, such license shall be revoked and be held null and void if a majority of the board of public service finds that such petition is in the form prescribed in this section.
(Ord. 57404 1 (part), 1977: prior: 1960 C. 729.100.)

8.97.150 Revocation of licenses for violation.

In addition to the revocation by neighborhood petition, a majority of the board of public service may suspend any or all of a licensee's licenses for a period of not more than thirty days or any portion thereof, or may revoke any or all of a licensee's licenses for any tattoo parlor premises whenever it is found that the licensee has obtained any license through misrepresentation or fraud or that the licensee has disregarded or violated any of the regulations or laws for tattoo parlor premises. The licensee shall be notified in writing of the charges or infractions. These shall be mailed to the licensee at the address of any of his licensed premises or at the last known residence of the licensee. A public hearing shall be held before the board of public service at a specified time. At such hearing, evidence under oath shall be heard concerning the charges or infractions and the licensee or his attorney may present evidence in answer to defense thereto. Evidence of infractions or violations other than those specified in writing to the licensee may also be presented at such hearing; provided, however, that the licensee shall be given reasonable additional time, if he so requests, to prepare his answer or defense to such additional infractions or violations. The board of public service shall render a decision within fourteen days after completion of the formal hearing and shall mail a copy of its decision to the licensee. Appeals from the decision of the board may be taken by the licensee as provided by law. Any person whose license has been revoked shall not again be allowed to obtain a tattoo parlor license for two years next thereafter.
(Ord. 57404 1 (part), 1977: prior: 1960 C. 729.110.)

8.97.160 Board of public service to adopt forms and promulgate rules.

The board of public service is authorized to adopt all necessary forms and to enact, promulgate and enforce all rules and regulations necessary for the reasonable interpretation and enforcement of this law.
(Ord. 57404 1 (part), 1977: prior: 1960 C. 729.120.)

8.97.170 License for present tattoo parlors.

The keeper of any tattoo parlor which is in operation on the effective date of the ordinance codified in this chapter shall be required to obtain a license for his premises. He shall file an application and plat as required herein before the board of public service within ninety days of the effective date of the ordinance codified in this chapter, provided however, that he shall not be required to obtain the neighborhood consent petition set forth herein. Such licensee shall be subject to all other rules, regulations and powers of suspension and revocation and provisions for renewal of licenses as provided in this chapter.
(Ord. 57404 1 (part), 1977: prior: 1960 C. 729.130.)

8.97.180 License collector prohibited from issuing license.

A. The license collector is hereby prohibited from issuing a tattoo parlor license until an authorization therefor has been issued by the board of public service as herein provided.

B. Should any license issued under this chapter be ordered revoked, the license collector shall immediately upon receipt of such notice of revocation, revoke the tattoo parlor license for tattoo parlors and keepers thereof by written notice addressed to the licensee at the address of any of his licensed premises or at his last known address.

C. Whenever a license shall be revoked by the board of public service, the secretary of the board of public service shall immediately notify the license collector of such revocation.
(Ord. 57404 1 (part), 1977: prior: 1960 C. 729.140.)

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