10640-19 Amending Chapter 13, Article 11- Removing Certain Restrictions on Tattoo Practitioner Premises Licensing

Home Browse Search

Bill NO. 67-18 ORDINANCE NO. 10640-19 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING ONE SUB-PART EACH OF SECTIONS 13-126 AND 13-127, CHAPTER 13, ARTICLE 11 OF THE SOUTH BEND MUNICPAL CODE, BY REMOVING CERTAIN RESTRICTIONS ON TATTOO PRACTITIONER AND PREMISES LICENSING STATEMENT OF PURPOSE AND INTENT The current version of the tattoo practitioner and tattoo premises licensing regulations at South Bend Municipal Code Chapter 13, Article 11, Sections 13-126 and 13-127 each contain prohibitions upon issuing permits to persons who have been"convicted of a felony"or who have "been convicted of drug or alcohol violations." These restrictions have the effect of forever barring certain persons who have led a crime free life for many years from making a gainful living, or whose felony or drug/alcohol related criminal convictions may have little relevance to the specialized practice of tattoo making. These types of outright restrictions do not apply to City licenses issued to restaurants, arborist and tree removal, automotive repair, and peddlers. The City of Mishawaka, Indiana, removed these criminal conviction restrictions from their tattoo practice license on April 3, 2017. Moreover, the Equal Employment Opportunities Commission(EEOC) in 2012 issued a Guidance for Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, No. 915.002 4/25/2012. That Guidance states that outright bans for all felony convictions may be discriminatory because they have an adverse impact upon African Americans and Hispanic persons whose rate of incarceration, particularly for drug related offenses, is much higher than for the general population and may reflect institutional factors of discrimination. It is in the best interest of the City of South Bend to amend the South Bend Municipal Code for the above stated reasons. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION I. Chapter 13, Article 11, Section 13-126 shall be amended at sub-part (c) to read as follows: (c)No applicant for a practitioner's license shall be issued such license if he or she: (1) Has not met the minimal training and education requirements in order to be considered for a practitioner's license with the lack thereof being considered an inability. (2) Has been convicted of a felony. (4) (2) Has been determined by a licensed medical physician to be mentally incompetent. (5)_() Has failed to meet the applicable regulations of this Article. SECTION II. Chapter 13, Article 11, Section 13-127 shall be amended at sub-part (a) (11) to read as follows: (a) A person or entity who desires to have a place of business which will provide any services regulated by this Article shall apply for a license from the Office of the City Controller on forms provided from said office. Said application shall contain the following: