HomeMy WebLinkAbout67-18 Amending Chapter 13, Article 11- Removing Certain Restrictions on Tattoo Practitioner Premises Licensing (451.3TII
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SOUTH BEND,INDIANA 46601-1830 w y TDD 574.235.5567
PEACE
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1865
CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR
DEPARTMENT OF COMMUNITY INVESTMENT
MICHELLE ADAMS
BUSINESS LICENSE ADMINISTRATOR
MADAMS@SOUTHBENDIN.GOV
1
December 4, 2018 Filed in Clerk's Office
Mr. Tim Scott DEC 04 2018
South Bend Common Council
4th Floor, County City Building KAREEMAH FOWLER
South Bend, IN 46601 CITY CLERK,SOUTH BEND, IN
Re: Ordinance to Amend the South Bend Municipal Code at Chapter 13, Article 11,
Sections 13-126 and 13-127 Addressing Tattoo Practitioner&Premises Licensing
Dear Council President Scott:
Attached for filing with the Common Council is a bill to amend the Tattoo
Practitioner and Premises licenses at the above Sections of the South Bend Municipal
Code. These requested amendments grew out of the recent,required rejection of an
otherwise deserving applicant for such permits due to a criminal matter which had
occurred many years before the license application.
The proposed Code changes, which delete conviction of a felony or a drug or
alcohol violation as an automatic basis to deny a tattoo practitioner or premises license,
are also consistent with the recent trend toward rejecting hard and fast rules that exclude
persons from employment due solely to past criminal convictions. Recent data show that
this can unfairly deprive persons who may have had criminal convictions followed by
many years of law abiding conduct from privileges granted to others, and that it adversely
impacts African Americans and Hispanic persons. These restrictions do not appear in
any of South Bend's licensing requirements for arborist and tree removal, automotive
repair, and peddlers.
I will present this ordinance to the Council at its Committee and regular meetings
on January 14, 2019, and I may be accompanied by an attorney in the City's Legal
Department. Thank you for consideration of this ordinance.
Sincerely,
l" Irl
Michelle Adams
Business License Administrator
Filed in Clerk's Office
Bill NO. 67-18 DEC 04 2018
KAREEMAH FOWLER
ORDINANCE NO. CITY CLERK,SOUTH BEND,IN
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) Has been determined by a licensed medical physician to be mentally incompetent.
(- 1() 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:
(11) Listing of all persons who will provide services at the place of business, including the
name, address, telephone number, Practitioner's License Number, and verifying that each person:
(i) Has met the minimal training and education requirements in order to be considered for
a premise's premises license with the lack thereof being considered an inability.
(ii) Has not been convicted of a felony.
(iv) (ii) Has not been determined by a licensed medical physician to be mentally incompetent.
SECTION III. This ordinance shall be in full force and effect from and after its passage by
the Common Council and approval by the Mayor,retroactive to January 1, 2018.
Tim Scott, Council President
South Bend Common Council
Attest:
Kareemah N. Fowler, City Clerk
Office of the City Clerk
Presented by me,the undersigned Clerk of the City of South Bend,to the Mayor of the City
of South Bend, Indiana on the day of ,2018, at o'clock
. m.
Kareemah N. Fowler, City Clerk
Office of the City Clerk
Approved and signed by me on the day of , 2018, at o'clock
.m.
Pete Buttigieg, Mayor
City of South Bend, Indiana