Out On A Whim Body Art License_

DATE:
July 20, 2016
TO:
Honorable Mayor John Rey
City Council
FROM:
Anne Marie Gaura, City Manager
Dean Frieders, City Attorney
SUBJECT:
Approving a Body Art Establishment License for Out On A Whim, 127
E. Lincoln Highway.
I.
Summary
The existing body art establishment known as Out On A Whim, located at 127 E.
Lincoln Highway, has proposed a change in ownership and requested consideration
and approval of a body art establishment license for the new owners.
II.
Background
Under City Code Chapter 67, body art establishments are licensed by the City of
DeKalb. The establishment known as Out On A Whim, located at 127 E. Lincoln
Highway, is presently operational in the City. The current owners of the facility have
proposed to sell the establishment to new owners, and those new owners have
requested that the City consider issuance of a new body art establishment license.
Pursuant to City Code Section 67.05, the City is required to conduct a public hearing
prior to issuance of a body art establishment license. That public hearing is subject to a
requirement that the City provide the public with “due notice” of the hearing. In this
instance, notice has been provided both by publication of a notice of hearing in the Daily
Chronicle, and also by notice on the City’s published City Council meeting agenda. The
public hearing is scheduled for consideration at this meeting.
Following the conduct of the public hearing, the City Council may consider the issuance
of the license. In the event that the Council chooses to issue the license, it may
approve of a resolution approving of the same. The applicants have submitted a proper
application and have successfully passed all staff review, inclusive of criminal
background investigations.
City Code includes a number of restrictions on body art establishments, including
limitations on the number which may be located in the area of this establishment. As it
is an existing establishment, it is in compliance with the location/geographic restrictions
of City Code. If the City Council wishes to approve of the license, it must find that:
1. The establishment is necessary and desirable; and,
2. The applicant is fit, willing, able and qualified to perform such body art services and
to conform to the provisions of City Code.
In making those findings, the Council is required to consider the following factors:
1. The number of body art establishments already in operation;
2. Whether existing body art establishments are adequate to meet the public need;
3. The proximity of body art establishments to the proposed location;
4. The probable effect of the body art establishment on neighboring businesses;
5. The compliance of the proposed premises with City codes and ordinances and State
law and regulations; and,
6. The character, experience and responsibility of the applicant.
The nearest body art establishment in operation, relative to the premises, is located on
Fourth Street, immediately south of the Lincoln Highway intersection. The next nearest
establishment is at 817 West Lincoln Highway. As this is a change in ownership in an
existing facility, staff does not have a reason to recommend any adverse findings here.
However, those considerations are ultimately the City Council’s to undertake.
The City Council may place restrictions on the issuance of the license, if those
restrictions are believed to be “reasonably appropriate to the health, safety and general
welfare of the City of DeKalb.” Restrictions may be as devised by the City Council,
including but not limited to limits on body art locations, hours of operation, the number of
artists permitted, and the body art procedures limited. At this time, staff recommends
the incorporation of the following restrictions:
1. All signage shall strictly conform to the City of DeKalb Unified Development
Ordinance.
2. The licensee shall not utilize any form of temporary signage to advertise body art
services, nor to advertise sales, promotional activities or other similar endeavors.
3. The licensee shall not display photographs, pictures or depictions of body art
modifications in the establishment in an area where visible from the public right of
way.
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4. The licensee shall not provide body art services in a fashion visible from the public
right of way.
5. The license shall be subject to the imposition of further and future restrictions as the
City Council may determine to be appropriate from time to time.
The City Council may approve, reject, or modify the foregoing conditions.
III.
Community Groups/Interested Parties Contacted
This matter shall be the subject of a public hearing to be conducted on July 25, 2016 at
a City Council meeting, pursuant to City Code, to afford the public adequate opportunity
to provide input and consideration.
IV.
Legal Impact
The City has the legal authority to consider issuance of the license. Should the City
Council determine that the license is appropriate to issue, the Council may undertake
issuance of the same.
V.
Financial Impact
Upon approval, the license shall be subject to the payment of a $100 annual license fee.
VI.
Options
1. City Council may approve the Resolution Granting the Body Art Establishment
License.
2. City Council may disapprove of the Resolution Granting the Body Art Establishment
License.
3. City Council may direct further inquiry, continuation of the public hearing or other
similar efforts.
4. City Council may amend the restrictions applicable to the Resolution.
VII.
Recommendation
Approval of the Resolution, as presented, is recommended.
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RESOLUTION 2016APPROVING A BODY ART ESTABLISHMENT
LICENSE FOR OUT ON A WHIM, LOCATED AT 127
EAST LINCOLN HIGHWAY, DEKALB, ILLINOIS.
WHEREAS, the City Council of the City of DeKalb has previously adopted Chapter 67 of
the City Code, which Chapter relates to the licensure of Body Art Establishments
located within the corporate limits of the City; and,
WHEREAS, there is presently operational within the City a body art establishment known
as Out On A Whim, located at 127 E. Lincoln Highway, which establishment is
requesting an updated license authorizing a change in ownership; and,
WHEREAS, the City Council of the City of DeKalb hereby finds that the continuing
licensure of the establishment under new ownership is is necessary and desirable, and
that the applicant is fit, willing, able and qualified to perform such body art services and
to conform to the provisions of City Code; and,
WHEREAS, in making those findings, the City Council has considered the following
factors:
1. The number of body art establishments already in operation;
2. Whether existing body art establishments are adequate to meet the public
need;
3. The proximity of body art establishments to the proposed location;
4. The probable effect of the body art establishment on neighboring businesses;
5. The compliance of the proposed premises with City codes and ordinances
and State law and regulations; and,
6. The character, experience and responsibility of the applicant; and,
WHEREAS, the City Council finds that issuance of the license contemplated above is
appropriate, subject to the imposition of the restrictions outlined below;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
DEKALB, ILLINOIS:
Section 1: A Body Art Establishment License for Out On A Whim, 127 E. Lincoln
Highway, DeKalb, Illinois, for the ownership described in the attached Exhibit A, Body
Art Establishment License Application, is hereby approved subject to the following
Resolution 2016Page 2 of 2
conditions and restrictions:
1. All signage shall strictly conform to the City of DeKalb Unified Development
Ordinance.
2. The licensee shall not utilize any form of temporary signage to advertise body
art services, nor to advertise sales, promotional activities or other similar
endeavors.
3. The licensee shall not display photographs, pictures or depictions of body art
modifications in the establishment in an area where visible from the public
right of way.
4. The licensee shall not provide body art services in a fashion visible from the
public right of way.
5. The license shall be subject to the imposition of further and future restrictions
as the City Council may determine to be appropriate from time to time.
Section 2: That the City Clerk of the City of DeKalb, Illinois be authorized and directed
to attest the Mayor’s Signature and shall be effective thereupon. The City shall issue a
license, inclusive of the restrictions outlined above, upon payment of the appropriate
licensure fee. Said license shall subsequently be eligible for renewal, subject to the
provisions of Chapter 67 of the City Code and the reservation of the City Council to
impose additional restrictions at a future date.
PASSED BY THE CITY COUNCIL of the City of DeKalb, Illinois, at a regular
meeting thereof held on the ______ day of _____, 2016, and approved by me as
Mayor on the same day.
ATTEST:
________________________________
JENNIFER JEEP JOHNSON, City Clerk
________________________________
JOHN A. REY, Mayor