HomeMy WebLinkAboutPC AG 2013-06-05 #2 F sEQ�•eF PLANNING COMMISSION ITEM
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AGENDA REPORT
2
TO: Planning Commission
FROM: Jim Basham, Community Development Director
DATE: June 5, 2013
SUBJECT: MUNICIPAL CODE AMENDMENT 13-6 REGARDING
MASSAGE
RECOMMENDATION: That the Planning Commission hold a public hearing
regarding Municipal Code Amendment 13-6 and after
considering all evidence and testimony presented adopt
the draft resolution recommending approval of Municipal
Code Amendment 13-6 to the City Council
LEGAL NOTIFICATION:
Legal notice of the Public Hearing was published in the Sun on May 23, 2013. An
affidavit of publication is on file.
ENVIRONMENTAL ASSESSMENT:
Municipal Code Amendment 13-6 is exempt From review under the California
Environmental Quality Act, Pub. Res. Code § 21000 et seq., ("CEQA") and the State
CEQA Guidelines, 14 C.C.R. § 15000 et seq., because the amendment establishes
rules and procedures to permit operation of existing facilities; consists only of minor
revisions and clarifications to existing regulations and specification of procedures
related thereto; and consists of actions taken to assure the maintenance, protection and
enhancement of the environment. The amendment does not have the potential to
cause significant effects on the environment. Consequently, it is categorically exempt
from further CEQA review under the CEQA Guidelines, Sections 15301, 15305, and
15308.
BACKGROUND:
In recent years, the California Legislature has significantly reshaped the manner in
which massage and massage establishments are regulated. Previously, cities could
regulate massage practitioners and massage establishments subject only to the general
limitations of its police powers. Accordingly, Seal Beach required all persons who
practiced massage in the City to obtain a local massage technician permit and
Municipal Code Amendment 13-6
June 5, 2013
Page 2 of 4
previously required all massage establishments to obtain a massage establishment
permit.
In 2008, the legislature created the California Massage Therapy Council (the "Council")
to oversee a state-wide certification program for massage practitioners and massage
therapists. To obtain certification, an applicant must have completed a minimum
number of hours of training from a recognized training program (250 hours for massage
practitioners and 500 hours for massage therapists) and pass a state massage and
bodywork competency assessment examination.
To ensure recognition of state certifications, the law also limited the authority of local
governments to regulate massage professionals certified by the Council and massage
establishments using only certified persons for the provision of massage services.
Cities cannot require any person who is certified by the Council to also obtain a local
certification or submit to a background check in order to practice massage. Moreover,
cities must apply the same zoning rules to massage businesses that employ only state-
certified massage practitioners that they apply to other "personal services."
The City previously amended the Municipal Code to comply with these requirements by
creating exemptions for massage professionals certified by the Council and massage
establishments that employ only certified persons for the provision of massage services.
The City's earlier requirements for persons and businesses that did not qualify for the
exemptions remained in effect, however.
The City also created a definition of"personal services" to account for the lack of such a
definition in the original legislation. Accordingly, Title 11 of the Municipal Code defines
"personal services" as "non-medical services to individuals as a primary use."
Examples of such uses specified in the Code include: barber and beauty shops,
clothing rental, dry cleaning pick-up stores with limited equipment, home electronics and
small appliance repair, self-service laundries, massage (licensed, therapeutic, non-
sexual), personal fitness training, pet grooming with no boarding, and shoe repair
shops. For zoning purposes, these services are treated equally.
In 2011, the legislature acted again to broaden the preemptive effect of state law by
providing a definition of "personal services," as any type of professional service that
may be lawfully rendered only pursuant to a license, certification, or registration
authorized by the Business and Professions Code, the Chiropractic Act or the
Osteopathic Act . These include, among many others:
• medical physicians 0 veterinarians
• osteopathic physicians e acupuncturists
• chiropractors 0 dietitians
• dentists 0 social workers
• occupational therapists real estate appraisers
• nurses real estate agents and brokers
• psychologists optometrists
Municipal Code Amendment 13-6
June 5, 2013
Page 3 of 4
Cities cannot impose any zoning limits on massage businesses that employ only state-
certified massage practitioners that they do not also impose on any of these and other
professional services. Cities must generally treat them the same for zoning purposes.
Cities may, however, require background checks on the owners or operators of
massage establishments who own 5 percent or more of a business and who are not
state-certified massage professionals, including but not limited to: (1) criminal
background checks, including requiring the submission of fingerprints for state and
federal criminal background checks; and (2) submission of an application that requires
the applicant to state information, including, but not limited to, the applicant's business,
occupation, and employment history for ten years preceding the date of application and
the name and address of any massage business or other like establishment owned or
operated by any person who is subject to the background check requirement. Further, if
a non-certified owner's or operator's background check results in a finding that a city
determines is relevant to owning or operating a massage establishment, then the city
may regulate that establishment in any manner it deems proper and that is in
accordance with the law.
Cities may also require massage establishments to follow reasonable health and safety
standards for massage establishments, subject to certain limitations. They cannot, for
example, require massage establishments that employ only state-certified massage
professionals to provide additional restroom, shower, or other facilities not uniformly
required of other personal service businesses. Nor can they require unlocked doors
when there is no staff available to assure security for clients and massage staff who are
behind closed doors, or require windows that provide a view into massage rooms that
interfere with the privacy of the clients.
ANALYSIS:
As mentioned above, the City previously amended its massage regulations to comply
with state law by carving out exceptions for state-certified massage professionals and
those establishments that only employ state-certified massage professionals. This has
created a two-tier system that is seen as increasingly complicated and anachronistic as
the scope of state preemption has grown.
Staff is therefore proposing a complete repeal of the City's existing massage regulations
and the adoption of a new comprehensive ordinance on the subject. The key regulatory
features of the proposed ordinance are as follows:
1. All persons providing massage services would be required to have a state
massage certification. Massage establishments would be prohibited from
allowing non-certified persons from providing massage services. The City's local
massage technician permitting process would be eliminated and all persons who
have a current, valid City approved massage technician permit would be required
to obtain state certification before June 30, 2014.
Municipal Code Amendment 13-6
June 5, 2013
Page 4 of 4
2. Any person who operates massage establishment or owns 5 percent or more of
a massage establishment and who is not a state certified massage professional
would have to pass a detailed background check. The City's massage
establishment permitting process would be eliminated. The Community
Development Director would administer the background check process in
consultation with the Chief of Police. Background check approval could be
denied or revoked if any of the required findings for approval could not be made
or if the applicant makes any material misrepresentation or omission during the
process. Decisions of the Director would be subject to appeal to the City
Manager.
3. Each massage establishment would have to comply with the numerous
operational requirements. These include health and safety regulations that are
very similar to those already currently found in the Code, as well as other
requirements intended to ensure that only state-certified massage professionals
are providing massage services.
4. Table 11.2.10.010 of the Municipal Code would be amended to allow massage
establishments in commercial and mixed use districts in the same manner as
business and medical offices. This would align the City's zoning regulations with
the new state law definition of "personal services" and the requirement that the
City zone all personal services in the same manner. The City's definition of
"personal services" would be amended to remove reference to massage.
Reference to massage as an accessory use would also be eliminated since state
law does not distinguish between massage as a principal use and massage as
an accessory use. "fhe amendment would also clean up the table by eliminating
references to "Day spa/Spa" and "Personal Improvement Services" as these
terms are not otherwise defined or used in the Zoning Code.
CONCLUSION:
Staff recommends that the Planning Commission hold a public hearing regarding
Municipal Code Amendment 13-6 and after considering all evidence and testimony
presented adopt the draft resolution recommending approval of Municipal Code
Amendment 13-6 to the City Council.
tre,pa red by:
im Basham
Director of Community Development
Attachments:
Resolution No. 13-8
Draft Ordinance 13-6
RESOLUTION NO. 13-8
A RESOLUTION OF THE SEAL BEACH PLANNING
COMMISSION RECOMMENDING ADOPTION OF MUNICIPAL
CODE AMENDMENT 13-6 REGARDING MASSAGE
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
FIND AND RESOLVE AS FOLLOWS:
Section 1. On June 5, 2013, the Planning Commission held a duly noticed public
hearing to consider Municipal Code Amendment 13-6, which would amend Municipal Code
Chapters 5.45 and 11.2.10 of the Seal Beach Municipal Code regarding Massage as set
forth in the draft ordinance included as Attachment "A" to this Resolution.
Section 2. Municipal Code Amendment 13-6 is exempt from review under the
California Environmental Quality Act, Public Resources Code § 21000 et seq. ("CEQA")
and the State CEQA Guidelines, 14 C.C.R. § 15000 et seq. because it would establish
rules and procedures to permit operation of facilities already permitted to operate under
existing law and make minor revisions and clarifications to existing regulations and
procedures related thereto. The amendment would not have the potential to cause
significant effects on the environment. It is therefore categorically exempt from further
CEQA review under CEQA Guidelines Sections 15301, 15305, and 15308.
Section 3. The Planning Commission recommends that the City Council adopt
Municipal Code Amendment 13-6.
PASSED, APPROVED AND ADOPTED by the Seal Beach Planning Commission at
a meeting thereof held on June 5, 2013, by the following vote:
AYES: Commissioners
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
Sandra Massa-Lavitt
Chairperson
ATTEST:
Jim Basham
Planning Commission Secretary
S7296-000 I\15 85498v L doc
ATTACHMENT "A"
DRAFT ORDINANCE REGARDING
MUNICIPAL CODE AMENDMENT 13-6
-2-
S7296-0001\1585498vL doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SEAL BEACH
AMENDING CHAPTER 5.45 AND TITLE 11 OF THE SEAL
BEACH MUNICIPAL CODE REGARDING MASSAGE
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS
FOLLOWS:
Section 1. Chapter 5.45 of the Seal Beach Municipal Code is hereby repealed
in its entirety and amended to read as follows:
"Chapter 5.45
Massage and Massage Establishments
5.45.010. Definitions
For the purposes of this Chapter, the following words and phrases shall
mean:
A. Chief of Police: Seal Beach Chief of Police or his or her
designee.
B. Customer: any person on the premises of a massage
establishment during operating hours who is not an owner, employee,
independent contractor, or vendor of the massage establishment.
C. Director: the Seal Beach Director of Community
Development or his or her designee.
D. Employee: any person who is employed by a massage
establishment.
E. Health Officer: The Orange County Health Department
officer responsible for inspecting massage establishments in Seal Beach,
or his or her designee.
F. Massage: any method of treating the external parts of the
body for remedial, health, or hygienic purposes. Massage includes, but is
not limited to, massage by means of pressure, Friction, stroking, kneading,
rubbing, tapping, pounding; massage by means of stimulating the external
parts of the body with any mechanical or electrical apparatus or
appliances, or with rubbing alcohol, liniments, antiseptics, oils, powders,
creams, lotions, ointments, or other similar preparations; and massage by
means of baths, including, but not limited to, Turkish, Russian, Swedish,
Japanese, vapor, shower, electric or magnetic massages, alcohol rubs,
aromatherapy, reflexology, or any other type of system for treating or
manipulating the human body with or without the character of a bath.
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Ordinance Number
G. Massage establishment: any establishment having a fixed
place of business where any person engages in, conducts, or carries on,
or so permits, the commercial practice of massage.
H. Specified anatomical areas: as defined in Chapter 5.15 of
this Code.
I. State certified massage professional: any person certified as
a Massage Practitioner or Massage Therapist pursuant to Section 4601 of
the California Business & Professions Code or any successor statute.
5.45.020. Applicability of Chapter
A. The provisions of this Chapter shall not apply to the following
persons when engaged within the scope of their respective professional
duties:
1. Physicians, surgeons, chiropractors, osteopaths, or
physical therapists duly licensed to practice their respective professions in
the state of California.
2. Nurses registered under the laws of the state of
California.
3. Barbers and beauticians duly licensed under the laws
of the state of California. This provision shall apply solely to the
massaging of the neck, face, scalp, and hair of the customer or client.
4. The medical staff of hospitals, nursing homes,
sanitariums, or other health care facilities duly licensed by the state of
California.
5. Athletic coaches and trainers for either accredited
high schools, junior colleges, and colleges or amateur, semi-professional
or professional athletes or athletic teams.
B. The provisions of this Chapter shall apply to independent
contractors of such persons if the independent contractor is engaged in, or
purports to be engaged in, the commercial practice of massage.
5.45.030. Certification Required
A. It is unlawful for any person other than a state certified
massage professional to engage in the commercial practice of massage.
B. It is unlawful for any person to own, operate, or maintain a
massage establishment unless each person engaging in massage at the
establishment is a state certified massage professional.
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Ordinance Number
C. It is unlawful for any owner or employee in charge or control
of a massage establishment to employ or permit a person who is not
currently a state certified massage professional to engage in the
commercial practice of massage on the premises on the massage
establishment.
5.45.040. Permitted Locations for Massage
A. It is unlawful to engage in the commercial practice of
massage at any location other than a massage establishment established
and operated in accordance with the requirements of federal, state, and
local law, including but not limited to this Code.
B. No massage establishment shall be established, expanded,
or altered in a manner that requires a building permit without first obtaining
a written determination by the Director that the establishment complies
with the requirements of this Code. Upon request of the Director, the
owner or operator shall submit a site plan depicting how the establishment
will comply with this Code.
5.45.050. Background Check Required
A. Any person who operates massage establishment or owns
5 percent or more of a massage establishment and who is not a state
certified massage professional must pass a background check.
B. It is unlawful to establish, operate, or maintain any massage
establishment operated or owned by any person who does not pass the
background check required by this Section.
5.45.060. Background Check Application
A. All persons required to pass a background check must
submit an application to the Director on a form designated by the City,
which shall include the following information:
1. The applicant's full true name, any other names used;
date of birth, any other date of birth used; sex, height, weight, color of hair,
color of eyes; California Driver's License number, or California
Identification number; Social Security number, present residence address
and telephone number.
2. Two photographs of the applicant, in a form
acceptable to the Chief of Police, and, if required by the Chief of Police,
the applicant's fingerprints.
3. The addresses of applicant's residences, and the
dates of residency for each, during the prior 10 years.
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Ordinance Number
4. The applicant's business, occupation, and
employment history, and the dates thereof, for the prior 10 years.
5. The applicant's entire perrnit and license history, and
the dates and types thereof, including any permit or license issued for a
massage establishment, massage technician or adult business. The
applicant must indicate whether any such permit or license was revoked or
suspended and, if so, the reasons for the decision.
6. The applicant's entire record of criminal convictions
(except non-felony traffic offenses) and ordinance violations, and the
dates and places thereof.
7. Acceptable written proof that the applicant is at least
18 years of age.
8. The name and address of any massage
establishment or other like establishment owned or operated by the
applicant.
9. The name and address of the owner of the real
property where the massage establishment is to be located. If the
applicant is not the legal owner of the property, a notarized
acknowledgement from the owner of the property that a massage
establishment will be located on his or her property must also be
submitted.
10. A complete description of all services to be provided
at the massage establishment and at any other business to be operated
by the applicant on the same or adjoining premises.
11. If the applicant is a corporation, its name exactly as
shown in its Articles of Incorporation or Charter, its state and date of
incorporation, and the names and residence addresses of each of its
current officers, directors, and any stockholders holding more than
5 percent of the corporation's stock.
12. If the applicant is a partnership, the name and
residence addresses of each of the partners, including limited partners. If
the applicant is a limited partnership, it shall furnish a copy of its
Certificate of Limited Partnership as filed with the county clerk. If one or
more of the partners is a corporation, the provisions of preceding
paragraph pertaining to corporate applicants shall apply.
13. If the applicant is a corporation or partnership, the
name of one of its officers or general partners who shall be its responsible
managing officer. Such person shall complete and sign all forms and
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Ordinance Number
submit the application fee on behalf of the applicant. The responsible
managing officer must meet all requirements applicable to the applicant.
14. Such other identification and information as may be
required by the Director to verify the information included in the
application.
15. A statement by the applicant made under the penalty
of perjury that all information submitted as part of the application is true
and correct.
B. The application must be accompanied by proof of payment
of an application fee in an amount established by City Council Resolution.
The application fee shall be in addition to any other fee or business
license or tax required by this Code.
C. The applicant must notify the Director of any change of
address or other application information occurring during or after the
background check process.
5.45.070. Background Check Review and Approval
A. The Director shall review all background check applications
in consultation with the Chief of Police. The Director will complete all
background checks within 60 days of determining that the applicant has
submitted all necessary information, unless the Department of Justice
delays the process, in which case the Director shall notify the applicant
that additional time is needed.
B. The Director shall approve the application if the results of the
background check support all of the following findings:
1. The applicant is at least 18 years of age and
possesses the requisite background and qualifications to operate or own a
bona fide massage establishment.
2. The applicant has not violated or abetted the violation
of any provision of this Chapter, or any similar ordinance, law, rule or
regulation of any other public agency regarding -the operation of massage
establishments.
3. The applicant has fully cooperated in the background
check and has not made a material misrepresentation in the application.
4. The applicant does not have an Adult Entertainment
Permit issued by the City or similar permit in another jurisdiction.
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Ordinance Number
5. The applicant has not within 5 years immediately
preceding the date of filing the application:
(a) Been convicted in a court of competent
jurisdiction of, or entered a plea of guilty or nolo contendere to:
(1) Any misdemeanor or felony offense
which relates directly to the operation of a massage establishment,
whether as a massage establishment owner or operator, or as a massage
technician; or
(2) Any felony the commission of which
occurred on the premises of a massage establishment.
(b) Had any massage establishment, operator,
technician, practitioner, or trainee license or permit revoked, denied or
suspended.
(c) Been convicted in a court of competent
jurisdiction of, or entered a plea of guilty or nolo contendere to:
(1) Any violation of Penal Code §§ 266(h),
266 (i), 314, 315, 316, 318, or 647(a), (b), or (d), or any lesser included
offense thereof or any other state law involving a crime of moral turpitude;
(2) Conspiracy or attempt to commit any
such offense;
(3) Any offense in a jurisdiction outside the
state of California which is the equivalent of any of the aforesaid offenses;
(4) Any felony offense involving the sale of
a controlled substance specified in Health and Safety Code §§ 11054,
11055, 11056, 11057, or 11058; or
(5) Any lesser-included offense of the
above.
(d) Been subjected to a permanent injunction
against the conducting or maintaining of a nuisance pursuant to Penal
Code §§ 11225 through 11235 or any similar provisions of law in a
jurisdiction outside the state of California.
(e) Been required to register under the provisions
of Penal Code Section 290.
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Ordinance Number
C. The Director shall notify the applicant in writing of the results
of the background check. An approved background check shall be valid
for the term of one year from the date of such notice.
5.45.080. Background Check Renewal
A. Any person required by this Chapter to obtain background
check approval shall submit an application for renewal to the Director no
sooner than 60 days and no later than 45 days prior to the expiration of
the previous approval.
B. A renewal application must be accompanied by proof of
payment of a renewal application fee established by Council resolution
and the information and items required for an original application, except
no additional photographs or Fingerprints will be required if current
versions of these are already on file with the City.
C. Background check renewal applications shall be reviewed in
the same manner and on the same terms as an original application.
5.45.090. Background Check Revocation
A. A previously approved or renewed background check may
be revoked if either:
1. One or more of the findings required to approve or
renew a background check can no longer be made; or
2. The background check was approved or renewed, in
whole or in part, on the basis of a material misrepresentation or omission.
B. If the Director determines that grounds for revocation exist,
he or she shall post a Notice of Revocation at the location of all massage
establishments owned or operated by the applicant and mail a copy of the
notice by certified mail and regular mail, postage prepaid, addressed to
the applicant at the address that appear on the latest application. The
Notice of Revocation shall state the basis for revocation and include a
copy of this Section. The applicant may submit to the City Clerk a request
for a hearing not later than 10 days of the date of -the Notice of
Revocation. The request must be made in writing. If the applicant fails to
request a hearing within 10 days of the date of the Notice of Revocation,
the revocation shall be final.
C. If the applicant submits a timely request for a hearing, the
Director shall schedule the hearing to occur not later than 25 days after
receiving the request. Notice of the time and place of the hearing shall be
given to the applicant by personal service or via certified mail and regular
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Ordinance Number
mail, postage prepaid, at least 15 days in advance of the date set for the
hearing.
D. The Director shall conduct the hearing and receive oral
testimony and other evidence. The Director shall not be bound by the
statutory rules of evidence in the conduct of the hearing, except that
hearsay evidence may not be the sole basis for not revoking background
check approval.
E. The Director shall make his or her determination based upon
the evidence presented in the record of the hearing and within 15 days of
the conclusion of the hearing. The decision shall be in writing and shall
contain written findings of fact and the Director's conclusions. The
Director's decision shall be served upon the applicant by personal service
or via certified and regular mail, postage prepaid sent to the address of the
applicant contained in the application. The decision shall be effective
upon personal service or, if service is by mail, then 2 business days
following deposit with the United States Postal Service.
5.45.100. Appeals
A. Any decision by the Director to deny or revoke background
check approval or renewal may be appealed by the applicant in
accordance with this Section. The appeal must be filed in writing with the
City Clerk not later than 10 days following the date of the notice of the
determination. The written appeal must specify the basis for the appeal
and the action requested. If no such appeal is timely filed, the decision of
the Director shall be final.
B. If the applicant submits a timely written appeal, the City
Manager shall schedule a hearing on the appeal to occur not later than 25
days after receiving the appeal. Notice of the time and place of the
hearing shall be given to the applicant by personal service or via certified
mail and regular mail, postage prepaid, at least 15 days in advance of the
date set for the hearing.
C. The hearing on the appeal shall be de novo. The City
Manager, or his or her designee, shall act as the Hearing Officer and shall
receive oral testimony and other evidence. The Hearing Officer shall not
be bound by the statutory rules of evidence in the conduct of the hearing,
except that hearsay evidence may not be the sole basis for revoking
background check approval.
D. The Hearing Officer shall make his or her determination
based upon the evidence presented in the record of the hearing and within
15 days of the conclusion of the hearing. The decision shall be in writing
and shall contain written findings of fact and his or her conclusions. The
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Ordinance Number
Hearing Officer's decision shall be served upon the appellant by personal
service or via certified and regular mail, postage prepaid sent to the
address of the applicant contained in the application. The Hearing
Officer's decision shall be effective upon personal service or, if service is
by mail, then 2 business days following deposit with the United States
Postal Service. The decision shall be final and conclusive and shall not be
appealable to the City Council.
5.45.110. Massage Establishment Operating Requirements
Each massage establishment must comply with the following operational
requirements in addition to any other applicable rules or regulations under
federal, state, or local law.
A. At least one state certified massage professional must be
present on the premise at all times the establishment is open to the public
for business.
B. The California Massage Therapy Council Certificate and
photographs for each person providing massage services at the massage
establishment must be displayed prominently on the premises in a location
that can be readily viewed by customers or City representatives.
C. A list of all persons providing massage services at the
establishment, including each person's full true narne and other names
used, photograph, and certificate from the California Massage Therapy
Council must be provided to the Director. Any changes to the persons
providing massage services must be reported to the Director within 10
working days of such change.
D. A list of the services provided to the public and the prices
and minimum lengths for each must be posted in a conspicuous public
location on the premises. All letters and numbers must be not less than
1 inch in height. No service shall be performed and no fee shall be
charged or collected for services other than those posted. All
arrangements for services to be performed must be made in a room in the
massage establishment that is not used for administration of massages;
unless no other such room exists in the establishment. No person shall,
after the commencement of any service for any customer, inform the
customer that any additional service is available, or ask or inquire of the
customer whether he or she desires any additional service to be
performed. No person shall perform any service for any customer that
was not ordered by the customer prior to the commencement of the
service rendered.
E. Each massage establishment must keep a written record of
the date and hour of each massage, the name and address of each
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Ordinance Number
customer, the name of the state certified massage professional
administering the massage and the type of massage administered. The
records must be maintained for a period of 2 years. Only those officials
who are charged with enforcement of this Chapter shall inspect these
records and no information shall be used for any purpose other than
enforcement of this Chapter. No massage establishment owner or
employee shall utilize the records in any manner unrelated to enforcement
of this Chapter.
F. Each massage establishment must be equipped at all times
with an adequate supply of clean, sanitary towels, coverings, and linens.
Clean towels, coverings, and linens must be stored in cabinets. Towels
and linens must not be used on more than one customer or client, unless
they have first been laundered and disinfected. Disposable towels and
coverings must not be used on more than one customer or client. Soiled
linens and paper towels must be deposited in separate, approved
receptacles.
G. Adequate ventilation and lighting must be provided
throughout the premises. Ventilation must be in accordance with Uniform
Building Code Section 1105. Lighting must be in accordance with
National Electric Code Article 220; and at least one artificial light of not
less than 40 watts must be operative in each room or enclosure
designated for massage.
H. At least one separate wash basin, providing soap or
detergent and hot and cold running water, must be provided at all times for
the use of employees. Such basin shall be located within or as close as
practicable to the area devoted to performing of massage services.
Sanitary towels shall be provided at each basin.
I. Each room or area in which massage is practiced must have
a table designed and manufactured for medical or massage uses. No
mattresses or beds are allowed. Massage tables must be covered with
pads made of durable washable plastic or other waterproof material
acceptable to the Health Officer.
J. All wet heat rooms, dry heat rooms, steam rooms, vapor
rooms, showers, bathrooms, cabinet rooms, and pools must be thoroughly
cleaned and disinfected with a disinfectant approved by the Health
Department as often as needed, but not less than once each day the
premises are open. Bathtubs must be thoroughly cleaned with
disinfectant approved by the Health Department after each use.
K. The walls, ceilings, floors, and other physical facilities of
must be maintained in good repair and in a clean and sanitary condition at
all times.
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Ordinance Number
L. Instruments utilized in performing massage must not be
used on more than one customer unless they have been properly
sterilized between uses. Adequate equipment for disinfecting and
sterilizing instruments used in performing the acts of massage must be
provided on -the premises.
M. Two or more customers may be provided massage services
in a single room only if a state certified massage professional is present in
the room at all times with the customers. No persons other than those
receiving a massage and those administering a massage shall enter or
remain within a room where a massage is being given takes place.
N. No person shall engage in any of the following sexual
activities on the premises of the massage establishment: fondling or other
erotic touching of specified anatomical areas; sex acts including, without
limitation, intercourse, oral copulation, or sodomy; or masturbation.
O. No owner, employee, or independent contractor of a
massage establishment shall expose his or her specified anatomical areas
in the presence of any customer or guest or make intentional physical
contact with the specified anatomical areas of any customer or guest.
P. Each customer's genitals must be fully covered at all times.
No person shall massage the genitals of any customer. No person shall
massage any female customer whose breasts are not covered by a sheet
or other opaque clothing. No person shall massage any female
customer's breasts.
Q. All employees must be dressed in clean, opaque outer
garments covering the body from knee to neck at all times while on the
premises.
R. Each employee must be provided individual lockers on the
premises of the massage establishment.
S. No person shall enter, be, or remain in any part of a
massage establishment while in the possession of, consuming or using
alcoholic beverages or controlled substances, except pursuant to a
prescription for medication. The owner, operator, responsible managing
employee, or manager must not allow any person in violation of this
subsection to enter or remain upon the premises.
T. No massage establishment shall operate as a school of
massage or use the same facilities as those of a school of massage.
U. No massage establishment shall place, publish or distribute,
or so direct or permit, any advertising matter that depicts any specified
11
Ordinance Number
anatomical areas and/or includes text that suggests any service is
available other than massage.
V. All exterior doors shall remain unlocked during business
hours from the interior side.
5.45.120. Inspection of Massage Establishments
A. Prior to first operating a massage establishment, the owner
or operator must: (1) notify and cause the Health Officer to inspect the
premises to ensure compliance with all applicable health laws and issue a
report; and (2) submit a copy of the report to Director.
B. The Health Officer and every person authorized pursuant to
this Code to enforce this Chapter shall each have the right to periodically
enter and inspect any massage establishment for the purpose of ensuring
compliance with all applicable laws and regulations."
Section 2. Any person who has a valid, current City—issued massage
technician permit as of the date that this Ordinance is adopted shall be deemed to be a
State Certified Massage Professional for purposes of the regulations enacted by this
Ordinance until June 30, 2014 and so long as he or she otherwise complies with all
provisions of the regulations enacted by this Ordinance that apply to the practice of
massage and operation of massage establishments. No City issued massage
technician permit shall be valid or recognized after June 30, 2014.
Section 3. Table 11.2.10.010 of the Seal Beach Municipal Code is hereby
amended as follows:
TABLE 11.2.10.010 (Continued)
USE REGULATIONS — COMMERCIAL AND MIXED-USE DISTRICTS
LC/RMD PO MSSP SC GC Additional
Regulations
Commercial Use Types (Continued)
Automobile
Service __ __ __ C C See Section
Stations/Vehicle 11.4.05.035
Service and
Repair, Minor
Automobile -- -- -- A A
Washing
Large Vehicle -- -- -- -- A
Sales, Services
and Rental
12
Ordinance Number
TABLE 11.2.10.010 (Continued)
USE REGULATIONS — COMMERCIAL AND MIXED-USE DISTRICTS
LC/RMD PO MSSP SC GC Additional
Regulations
Commercial Use Types (Continued)
Bakery L-4 -- L-4 L-4 L-4
Banks and Other P P P P
Financial Institutions
With Drive- C C C C See Section
Through Facilities 11.4.05.050
Automated Teller See Section
Machines (ATMs) -- A A A A 11.4.05.030
Building Materials -- -- C
and Services
Business Services P P L-2, L-3 P P
Commercial
Recreation
Large-scale -- -- -- C C
Small-scale -- -- -- A A
See Cha of
Day Spa/Sp -- L 2, L AG P-GG 6.46, Massage
' ^ Ccfahloshmonts
Eating and Drinking d-b
Establishments
Bars -- -- C C C
Coffee House/ P; L-5; P P
Dessert Shop L-6
Restaurants, Fast See Section
Food C C 11.4.05.050
Restaurants, Full See Section
Service -- -- P, C P, C P, C 11.4.05.015
Restaurants, See Section
Limited Service -- -- P P P 11.4.05.015
Restaurants, Take P A A
Out Only
With Drive- C C See Section
Through Facilities 11.4.05.050
13
Ordinance Number
TABLE 11.2.10.010 (Continued)
USE REGULATIONS — COMMERCIAL AND MIXED-USE DISTRICTS
LC/RMD PO MSSP SC GC Additional
Regulations
Commercial Use Types (Continued)
With Outdoor See Section
Eating Areas -- -- A, C A, C A, C 11.4.05.090
— — O See Chaptef
Day SpaiSp 6.45, Massage
Establushments
�r�vTrmrrrcn-c�
Extended Hour See Section
Business C -- -- C C 11.4.05.055
Food and Beverage
Sales
Catering Services -- -- -- -- P
Convenience See Section
Market -- -- -- P, C P, C 11.4.05.015
General Market P, C P, C P, C See Section
11.4.05.015
Liquor Stores C C C See Section
11.4.05.070
Funeral Parlors and _ P
Mortuaries
See Sections
Home Improvement C 11.4.05.090 and
Sales and Services 11.4.05.140
Hotels and Motels -- -- -- -- C
Kennel -- -- -- C C
Kiosks __ __ __ A A See Section
11.4.05.065
Laboratories -- P L-2, L-3 P P
Maintenance and P -- -- P P
Repair Services
Massage See Chapter
Establishment P P L-2, L-3 P P 5.45, Massage
and Massage
Establishments
Offices, Business P P L-2, L-3 P P
and Professional
14
Ordinance Number
TABLE 11.2.10.010 (Continued)
USE REGULATIONS — COMMERCIAL AND MIXED-USE DISTRICTS
LC/RMD PO MSSP SC GC Additional
Regulations
Commercial Use Types (Continued)
Walk-in Clientele P P L-2, L-3 P P
Offices, Medical and P P L-2, L-3 P P
Dental
Parking Facilities, C C__ See Chapter
Commercial 11.4.20
Pe rr�r6 anal
men
SeFViGes
twGGf
A A L-2L P-A P-A 5.45,
-A F. r'a risirmrretii�_
Personal Services P P P P P
Massage, See Chaptef
A A L 2, L- P-A P-A ,
AC�+�hlic hrr,cn+e
Retail Sales P -- P P P See Section
11.4.05.090
Large Format -- -- -- P P See Section
11.4.05.140
Tattoo __ __ __ __ C See Chapter
Establishments 11.4.65
Theaters -- -- C -- C
Other Applicable Use Regulations
Accessory Use See Section 11.4.05.010: Accessory Business Uses and
Activities
Nonconforming Use See Chapter 11.4.40: Nonconforming Uses, Structures, and
Lots
Temporary Use See Chapter 11.5.25: Director Determinations
L-1 Permitted if an existing use; new uses are prohibited. See Chapter 11 .4.40:
Nonconforming Uses, Structures, and Lots
L-2 Not allowed on the ground floor along Main Street without a Conditional
Use Permit; allowed on side streets as a permitted use
15
Ordinance Number
TABLE 11.2.10.010 (Continued)
USE REGULATIONS — COMMERCIAL AND MIXED-USE DISTRICTS
LC/RMD PO MSSP SC GC Additional
Regulations
Commercial Use Types (Continued)
L-3 If on the ground floor along Main Street permitted if an existing use; new
uses are prohibited. See Chapter 11 .4.40: Nonconforming Uses,
Structures, and Lots
L-4 Bakery production sold at retail on premise
L-5 Permitted use if less than 1,000 square feet and less than 10 seats
L-6 Minor Use Permit required if 1,000 square feet or more and 10 seats or more
Section 4. Section 11.6.05.010 of the Municipal Code is hereby amended by
the addition of a definition of"Massage Establishment" to read as follows:
"Massage Establishment: any establishment having a fixed place of
business where any person engages in, conducts, or carries on, or so
permits, the commercial practice of massage. See also Chapter 5.45,
Massage and Massage Establishments."
Section 5. The definition of "Personal Services" in Section 11.6.05.010 of the
Municipal Code is hereby amended as follows:
"Personal Services: establishments providing non-medical services to
individuals as a primary use. Examples of these uses include:
• barber and beauty shops
• clothing rental
• dry cleaning pick-up stores with limited equipment
• home electronics and small appliance repair
• Laundromats (self-service laundries) ey11
massage (liGensed, therapeUtiG, non• personal fitness training
• pet grooming with no boarding
• shoe repair shops
• tailors
• tanning salons
These uses may also include accessory retail sales of products related to
the services provided."
16
Ordinance Number
Section 6. If any section, subsection, subdivision, paragraph, sentence, clause
or phrase of this ordinance or any part thereof is for any reason held to be invalid, such
invalidity shall not affect the validity of the remaining portions of this ordinance or any
part hereof. The City Council of the City of Seal Beach hereby declares that it would
have passed each section, subsection, subdivision, paragraph, sentence, clause or
phrase hereof, irrespective of the fact that any one or more sections, subsections,
subdivisions, paragraphs, sentences, clauses or phrases be declared invalid.
Section 7. The City Clerk shall certify to the passage and adoption of this
Ordinance and shall cause the same or a summary thereof to be published and posted
in -the manner required by law.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal
Beach at a meeting thereof held on the th day of , 2013.
Gary Miller
Mayor
ATTEST: APPROVED AS TO FORM
Linda Devine Quinn M. Barrow
City Clerk City Attorney
17
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing Ordinance was introduced for first reading at a regular meeting held on the
th day of , 2013 and was passed, approved and adopted by the City
Council at a regular meeting held on the th day of , 2013 by the following
vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
and do hereby further certify that Ordinance Number has been published
pursuant to the Seal Beach City Charter and Resolution Number 2836.
Linda Devine
City Clerk