HomeMy WebLinkAboutCC Ord 1630 2013-07-22 ORDINANCE NUMBER 1630
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repealed in its entirety and amended to read as follows: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
5.45.005 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.
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.
State certified massage professional: any person
certified as a Massage Practitioner or Massage Therapist pursuant
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Ordinance Number 1630
to Section 4601 of the California Business & Professions Code or
any successor statute.
5.45.010 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.
5.45.015 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.
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.
5.45.020 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.
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Ordinance Number 1630
Upon request of the Director, the owner or operator shall submit a
site plan depicting how the establishment will comply with this
Code.
5.45.025 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.
5.45.030 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.
4. The applicant's business, occupation, and
employment history, and the dates thereof, for the prior 10 years.
5. The applicant's entire permit 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.
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Ordinance Number 1630
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 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.
5.45.035 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.
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Ordinance Number 1630
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.
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.
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 2 years from the date of such notice.
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Ordinance Number 1630
5.45.040 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.
5.45.045 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 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
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Ordinance Number 1630
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.
5.45.050 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 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.
5.45.055 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. 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.
B. A list of all persons providing massage services at the
establishment, including each person's full true name 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.
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Ordinance Number 1630
C. A list of the services provided to the public and the
prices and minimum lengths for each must be available to the
public in a conspicuous location on the premises.
D. Each massage establishment must keep a written
record of the date and hour of each massage, the name and
address of each 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.
E. 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.
F. 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.
G. 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.
H. 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.
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.
J. The walls, ceilings, floors, and other physical facilities
of the massage establishment must be maintained in good repair
and in a clean and sanitary condition at all times.
K. 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.
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Ordinance Number 1630
L. 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, parents or
guardians of a minor who is receiving a massage, and those
administering a massage shall enter or remain within a room where
a massage is being given takes place.
M. 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.
N. 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.
O. 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.
P. All employees must be dressed in clean, opaque
outer garments covering the body from knee to neck, excepting
hands and arms, at all times while on the premises.
Q. Each employee must be provided individual lockers
on the premises of the massage establishment.
R. 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.
S. No massage establishment shall operate as a school
of massage or use the same facilities as those of a school of
massage.
T. No massage establishment shall place, publish or
distribute, or so direct or permit, any advertising matter that depicts
any specified anatomical areas.
U. All exterior doors shall remain unlocked during
business hours from the interior side except when no staff is
available to ensure the security of clients and massage staff who
are behind closed doors.
5.45.060 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.
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Ordinance Number 1630
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 Ill 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:
it US;E'RISO ;1 1''l ` TABLE 11', 0 1„9 (ContrnuP50 rr `. ,1111: ;IEi,; `
Ell sE
,, , , ,,.,L LAT�I„ONS , ;;COMMERCIAL ANDIIMIXED-USE DISTRICTS tie'
''H'.','^ f r 'P', iH' ' ' .m =i:o.•' 4','.LC/RMD PO 1MSSp =;li SC , GC *Additional
,__ �.
,:_= r, _:�;I fi_� ,.C. ,,: Regulations' ,
•Cori' mercidi Use Ty es, Continue , =`E'l% l€lg�l;i� ^ th°.+'=y ill' . `t
„Types ( ....
Automobile Service
Stations/Vehicle See Section
-- -- --
Service and Repair, C C 11.4.05.035
Minor
Automobile -_ _- __ A A
I
Washing
Large Vehicle
Sales, Services and -- -- -- -- A
Rental
Bakery L-4 -- L-4 L-4 L-4
Banks and Other
Financial -- P P P P
Institutions
With Drive-Through C C C C See Section
--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-3 L P P
Commercial
Recreation
Large-scale -- -- -- C C
Small-scale -- -- -- A A
I
— — L 2, L gG PC See-Gbapter
ac 545�s age
. ,
Eating and Drinking
Establishments
Bars -- -- C C C
Coffee House/ P; L-5; P P
Dessert Shop L-6
Restaurants, Fast -- -- -- C C See Section
-10-
Ordinance Number 1630
1EII'G', s ,it 1 a , hsil� '11
Ph ':. TABLE 11.2 10 010 (Contrnue�ih t
Il US,E`REG_UL:ATIONS' ' COM.MERCIALI�iANppmIXED USE DISTRICTS
to " LC/RMD ,1';PO=I' MSSP1: 1,,,i'9,S,p G�C%III,' �t':,Re ulaho s
Com nti
mercial Use Types'(Conued) ";,,; _ ,
Food 11.4.05.050
Restaurants, Full See Section
I 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-Through C C See Section
Facilities 11.4.05.050
With Outdoor See Section
Eating Areas A, C A, C A, C 11.4.05.090
See Chapter
Say-Spa/Spa — — O C C 5.45, Massage
Establishments
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
1 General Market -- -- P, C P, C P, C See Section
11.4.05.015
C C
Liquor Stores C See Section
11.4.05.070
Funeral Parlors and P
Mortuaries
Home Improvement See Sections
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 3 L P P
Maintenance and P -- -- P P
Repair Services
See Chapter
Massage P P L-2, L- P P 5.45, Massage
Establishment 3 C G C and Massage
Establishments
II Offices, Business P P L-2, L- P P
and Professional 3
Walk-in Clientele P P L 3 L- P P
Offices, Medical L-2, L-
and Dental P P 3 P P
Parking Facilities, C C See Chapter
Commercial 11.4.20
Personal P P L-2 P P
-11-
Ordinance Number 1630
1"i 1 I!!i!i: I , pit ABLE''11.2''r10 010 (Cofntrnued)�� +i �ri��i Il=i� rib!
USE,REGULATIONS COMMERCIAL AND MIXED4US,E DISTRICTS I, ;
€ i++fl31. Irl"�ffy + %;06$110 ! ; 7'.
3v :i^ CC/RMEr tPOr'i Mss : : SC !Ili =GC�i Adtl�t►onai
w " . r � a, k,af i�,;.�. E+ff �f. i�EhII a. Regulations
ComrnercialfUse„TYPesl"(Continued) � ,+lp. l�, '
Improvement
Se
See-Chapter 2,
Accesso Massage, A A L3 A RA PA 5A5, Mao-sage ry Establishments
Personal Services P P P P P
See Chapter
ry A A L3 A4 R4 5.45, Massage
Establishments
Retail Sales P P P P See Section
11.4.05.090
Large Format P P See Section
11.4.05.140
Tattoo See Chapter
Establishments 11.4.65
Theaters -- -- C -- C
�1fu ' �i � fli+ii! phfai
V_other Applicable Use, Regulations, , +( „� ��;. . �,��I� �„�ti�i ;��;;
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
If on the ground floor along Main Street permitted if an existing use;
L-3 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
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Ordinance Number 1630
• home electronics and small appliance repair
• Laundromats (self-service laundries)
• 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."
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 Seal Beach City Council at
a regular meeting held on the 22nd day of July , 2013.
ESEAIg
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ATTEST:
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Cit Clerk ° ,FOUNti GQy
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 8th day of July , 2013 and was passed, approved and adopted by the
City Council at a regular meeting held on the 22nd day of July , 2013
by the following vote:
I ,
AYES: Council Members: /;tee lil A . Esinii
NOES: Council Members: 1,�0p
ABSENT: Council Members: ' 71 M
ABSTAIN: Council Members: !
And do hereby further certify that Ordinance Number 1630 has been published
pursuant to the Seal Beach City Charter and Resolution Number 2836.
City lerk
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Ordinance Number 1630
•
PROOF OF PUBLICATION This space is for the County
(2015.5 C.C.P.) Clerk's Filing Stamp
STATE OF CALIFORNIA,
111
County of Orange
I am a citizen of the United States
and a resident of the county afore-
said; I am over the age of eighteen Proof of Publication of
years, and not a party to or inter-
ested in the above-entitled matter.
I am the principal clerk of the printer
of the SEAL BEACH SUN, a
newspaper of general circulation, .
printed and published weekly in the found in the Code,aswellas
a f"= { other requirements intended
City of Seal Beach, County of • -^---"'
'NU o ensure thatipnly states,
Y Y ORDINANCE NUMBER.
certified massage profession-.
Orange and which newspaper has 1 AN ORDINANCE OF THE als`±±are providing massager Li.
been adjudged a newspaper of CITY OF SEAL'„BEAC5:j. ?4 Tattled 2.10.010 of th'
AMENDING CHAPTER545 i Municrpal.Code.would.be
AND TITLE 1.1 OF.THE SEAL it
general circulation by the Superior "BEACHMUNICIPALCODE amended to allow i massage-
REGARDINGMASSAGE 'establishmemsin commercial'
Court of the County of Orange, State Duerio new state',legisla I;and mined use districts mthe
of California, under the date of tionthe;City isamandingthe-i same manner,las business
municipal Code repealing the II,and.medical�.offices This
2/24/75. Case Number A82583; that ra stingmassa--...- -...--ans�,' woulatio s t with the szonmg I
xvri-::.1 regulations wdFiihe new state ”
the notice of which the annexed is a and.to,incorporate;thejnew.Tleviirdefinitiefiiibiriberabonal i
111
regulatory,requirements n,ir services and:the require- ;
printed copy (set in type not smaller The'key regulat°r iture5 _meat that the•City Zone all ,
of¢he proposed ordinance are personal services in the same
than nonpareil), has been published as follows d=P'i? '.manner Fhe Citys definition' '
P „1:it All r personsyprovidmg `of personal services would
in each regular and entire issue of 'massage services.would;be be amended to,remove refer=
7equireddo have a'state,mas- .,ence to niassage.;Reference
Said newspaper and not In any • gage certification:! Massage to massage asanaccessOry
establishments,would be7pro-, " use would also be eliminated '
supplement thereof on the following hibited fromallowingnoncer" since statelawidoesnot dis
PP g ified persons from providing 'Aguish between massage as
dates, to-wit massage services:;The Gays a principal use and massage.
local massage 3echmcian as en accessory use. Tae
permitting processwould be /amendment would also clean
�t�s� eliminated and allpersons'^up""the table tiy'eliminating
who,have a current:valid City'; references to 'Day spa/Spa"
approved massageitechni Land-Personal Improvement
all in fide year 2013. cianpe nit wouldbe,required "Servicesiasthesetermsare
to obtain state certification not otherwise definedor used
before June 30 2014 , in.the Zoning iCode e
,2.Any person who operates <<Ordinahce Number 1630
I certify (or declare) under penalty of a massageestablishment di -,h as mtroduced'ai the regular
owns.5,/,or more,of a mas- -City Council meeting held on
perjury that the foregoing is true and -sagaestablishmentarid Who I July.8,2013. waiver of fqc-
- is.not.a state.certified,mas- •;they reading and adoptioniof
Correct. sage professional would have Ordinance Number 1630 wag
to pass a detailed background aidhe July22,'2013 regular
-check. :The;City's,massage -Gity'Council'meeting'bythe
Dated at Seal Be.ch, CA, establishm :ent permitting pro- following vote -'. 4
cess,would be,eliminated. AYES: •Deaton Levitt,
i y The Community Development Miller Shanks lSloan ii•
S da Of 't _ .. • , 2013. Director would administerthe " NOES Nonet
background check process in Motion carried - a f p
I consultationwiththeChief et A copy iof c;Ordinance
} ' { ,Polioe. Backgroundscheck •Number 1630,is available.
1 ' rip r approval could ti he required on the City's websae(m the
revoked a any of the required sealbeof the City Cl i k,'the' '
Signature findingsforrapprovalcouldnot office Of the City Clerk Gity-
PUBLICATION PROCESSED BY: be made or artherapphcanh! Hall 211 8th,street Seal
makes any matenalmisrepre Beach telephone(562)431:
THE SEAL BEACH SUN sentatlon or omissionicunngi,
tithe Ofebess Decisions of,the.,4 DATED tiff grLard day:of
216 Main Street t Director would be subject io July 2013 !'
I appeal to theCitylManager. - Linda Devine,City Clerk
Seal Beach, CA 90740 I "3.Each massage establish; City of Seal Beach
e mentTwould,have,toicomply.- SB764 "r'7`- :'
(562) 430-7555 witti`the numerous opera; Published in the Seal Beach
+tienaliireguiremen`ts .These Sun 8/1/2013' rj"
include-healthtandsafety , ,r_ :. h
k regulations thatare`ve y simi,
lartothose already,currently •
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