Exh 3A
ALAN JENSEN ATTY 89? P01
,A,I.AN C. JENSEN
AttOrOCf Bt I,AIY
935 North Third Street
Post Office Box SO4S7
~eclc9onvilte Beach, ?r7orida 32x0-4157
Telephone (904) 2.16-2500
FEB 17'99 14:09
~~
z -zz-99
Facsimile (944) ?A6-9960
FAX MEMORANDUM
DATE: February 17, 1999 Time: '~~ nt.
TO: Mr. David E. Thompson, Acting City Manager
~'
COMPANY:
FAX NUMBER:
NUMBER OF PAGES:
FROM:
CLIENTIMATTER I~IO.:
David:
City of Atlantic Beach
(904) 247-$805
2 {including cover sheet)
ALAN C. 7ENSEI~T, ESQ.
Tattoo and Body Piercing Business
N~SSAGE
In response to your Memo of February 9, 1999, regarding the above mailer, I will answer the
basic questions from the Commissioners, as follows:
1. What factors can the Commissioners consider in malting a determinations Are
they restricted to specific considerations, or can they sim~l deny the reclucst?
The Commissioners can consider all applicable factors in malting their determin-
ation, including zoning, compliance with other city, state and federal laws, and
the like, If alI criteria is met the applicant, I believe the Commission would have
to approve the request. There must be a reasonable basis for any denual.
2. The business is required by Fla Statute to he under the ~Pn~,a~n,icinn of a
sioctor. fiat does this mean? Do then have to have a doctor on sfaff'? NP rbY~ On calk
This matter has been addressed by Florida appeals courts. The Third District
Court of Appeal :in Pipe tQ v, Zuelctt, 395 So.2d 1231 (FIa 3rd DCA 1981),
held that in the statute the words "under the direction" require the supervising
doctor or dentist to havc personal contact with the customer who is to receive the
ALAN JENSEN ATTY 89? P02 FEB 1?'99 14:10
1(~
tattoo and to determine that application of the tattoo will not be harmful to the
health of the customer, and it is also required that the supervising doctor or
dentist be personally present during application of the tattoo ensure that the
application is done in a sanitary manner.
The First District Court of Appeal, in which district we are located, has agreed
with the interpretation of the language of the statute governing tattooing in the
' erato case in Stanford v. State, 415 So.2d 879 (Fla 1st DCA 1982).
Again, in Beckerman v Ci~~of Fort uderdalc, 423 So.2d 925 (Fla 4th DCA
1982), it was held that the statute which prohibits tattooing except by a person
licensed to practice medicine or dentistry or a person under his direction must be
construed as requiring that a physician or dentist be in actual attendance during
tattooing operation.
I reseazched the above cases on Westlaw today and it appeazs that all of the cases
aze Still good law and there have been no cases since that time which change the
position of the appeals courts cited.
t
If you need any further information in this regard, please let me know.
Alan
The information contained in this facsimile message is attorney privileged tad confidential information intended only for
the use of the individual oz entity named above. If the resder of this message is not the intended recipient, or the
empioyee or agent responsiblt to deliver it to the intended recipient, you are hereby notified that any dissemination,
distribution or copying of this Communication is strictly prohibited. Ifyou have received this communication in error,
please immediately notify us by telephone and return the original massage to us at the above address via U.S. Postal
Service. Thank you.
y • 1
CITY OF ATLANTIC BEACH
800 SEMINOLE ROAD, ATLANTIC BEACH, FL 32233
ection 1
APPLICATION FOR R NEW LICENSE TRANSFER OF OWNERSHIP TRANSFER TO NEW LOCATION
TRANSFERRING FROM
BUSINESS NAME IMMORTAL BODY in INK (Tattoos and Body Piercing)
LOCATION ADDRESS 1249 Mayport Rd; Atlantic Beach, FL 32233
MAILING ADDRESS 1249 Mayport Rd; Atlantic Beach, FL 32233
PHONE 904/247-9070 F~ N/A
EXPLAIN FULLY THE NATURE OF THE BUSINESS SEE ATTACEiED
SQUARE FOOTAGE OF BUSINESS PREMISES 900 s f
(Include both buildings and outside areas used in conjunction tv ith the business, but not patron parking areas)
NUMBER AND TYPE OF VENDING MACHINES (if any) N/A
Section 2.
LOCAL PRINCIPAL OFFICEI2/MANAGER/OWNER Nicole L. Gcayn
HOME ADDRESS 1890 West State Road 200; Callahan, FL 32011
DATE OF BIRTH August 21, 1969 DRIVER'S LICENSE ~ 10353752 Texas (Attach cop})
HOME PHONE 904/225-0231 S.S. ORFEDERALEMPLOYERID 489-92-0636
~, STATE LICENSE/CERTffICATION/REGISTRATION ~ (if applicable, attach copy)
Section 3.
I, the undersigned stivear that the above statements are true and correct and I agree to notify the City Clerk if there is any change in the
above information.
I further understand that issuance of an occupational license by the Cit}• Clerk in no ~r•a}• relieves me of the responsibility of compliance
with all provisions of the Code of Ordinances pertaining to conducting a business in the Cit}• ofAtlantic Beach.
Studio D1rPCtOr
~1~~._ Title
NicoleL-Gwyn January 25, 1999
Print Name Date
NO PERSON, FIRM OR CORPORATION SHALL ENGAGE IN OR MANAGE ANY TRADE, BUSINESS, PROFESSION, OR
OCCUPATION IN ATLANTIC BEACH WITHOUT FIRST OBTAINING A LICENSE AND PAYING AN ANNUAL FEE.
APPLICATIONAND/OR PAYMENT DOES NOT CONSTITUTE APPROVAL OR ISSUANCE OF A LICENSE.
Section 4. - fFor office vse onlvl
CODE ~
FEE PAID $
STATEREG./CERT. HEALTH CERT. OTHER
FICTITIOUS NAME REG. CORPORATION REG.
REQUIRES CO.'ViM. APPROVAL: YES/NO DATE APPROVED/DENIED BY COMM.
BUILDING DEPT. APPROVAL BY
FIRE DEPT. APPROVAL BY
LICENSE ~
FULL/I-IALF YEAR
DATE •
DATE
ZONING APPROVED BY DATE
CITY CLERK APPROVAL BY ~ DATE
.r v
Section 1: Explain Fully the Nature of the Business
Immortal Body in Ink would like to represent the community of Atlantic Beach as a tattoo and
body piercing studio with the highest standards and most professional studio possible.
Our studio will be unique in that it will represent in a clean and sterile environment. Individual
booths will afford our artist and customers privacy allowing focused attention on the customer.
The studio will be staffed with professional, friendly people representing 25 years of combined
tattoo experience. The piercing staff will have combined experience of ten years. Both artist
are members of NPA (National Pierces Association), a nationwide organization dedicated to
safe and professional body piercing. •
All members working in the studio are Red Cross certified in CPR and first aid. This is a
standard Immortal Body in Ink considers important in better serving our customers.
No one under the age of 18 will receive body~piercing in this studio without the written consent
of their parent or legal guardian. Both parent and child will be requested to sign the studio's
standard release form before any procedure will be performed.
Immortal Body in Ink permits only the use of pure metals such as surgical stainless steel,
titanium, or niobium in initial body piercing. Gold is not authorized due to its impurity which
could create health risk in fresh piercing. Gold however is safe after piercing is healed. Again,
~, all of our piercing methods are set to standard in accordance with the National Pierces
Association.
Tattoo standards will not permit anyone under the age of 18 to be tattooed. Anyone appearing
to be or known to be under the influence of alcohol or drugs will not be given a tattoo. Our job
is to provide the safest and most effective methods in our field to our customers. Drugs and
alcohol are not permitted on or in our studio and anyone not complying with this will be asked to
leave the premises.
Any woman appearing to be pregnant or stating that they are positive for pregnancy will also
not be permitted to be tattooed or receive body piercing. This will be for the safety of the
mother and child.
The standards stated above are not from Florida Statute 59-R but are the standards for this
studio. A copy of these will be made available to our customers. The studio will only specialize
in tattoo and body piercing and will not engage in the sale of any other articles not related to
these two services. It is our sincere desire to be a safe and sterile studio for those customers
seeking the aesthetic services we offer.
Sincerely,
The staff of Immortal Body in Ink
~' ~.
Nicole L.
.•~.
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Denn aldrop,
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oven Clifford