Loading...
HomeMy WebLinkAboutItem TAGENDA REPORT DATE: May 28, 2002 TO: Honorable Mayor and City Council THRU: John B. Bahorski, City Manager FROM: Pamela Arends -King, Director of Administrative Services/Treasurer SUBJECT: APPEAL OF CODE INTERPRETATION - APPLICATION OF MASSAGE TECHNICIAN PERMIT REQUIREMENT TO "REFLEXOLOGY" PRACTITIONER (MARIE ARENDT) SUMMARY OF REOUEST: The Appellant, Marie Arendt, requests that the Council overturn staffs Code interpretation that she must obtain a massage technician permit in order to continue her "reflexology' practice. BACKGROUND: The Appellant practices "reflexology' as an independent contractor at Wellsprings at 550 South Pacific Coast Highway #207. The City first issued the Appellant a business license in 1996, at which time staff initially classified the Appellant as a massage therapist. Despite this classification, however, it appears that the Appellant has never been required to obtain a massage technician permit. When this oversight was discovered last year, staff asked the City Attorney to determine whether the massage technician permit requirement applies to the practice of reflexology. Based on the definition provided by the Appellant in her October 27, 2001 letter to staff (Attachment 1), the City Attorney concluded that reflexology constitutes `massage' as that term is defined in the massage ordinance. Staff therefore informed the Appellant that she did have to obtain a massage technician permit in order to continue practicing reflexology in the City. On April 24, 2002, the Appellant filed a letter appealing staff s Code interpretation (Attachment 2). ANALYSIS OF APPEAL: In her October 27th letter, the Appellant describes reflexology as follows: "Reflexology is pressure point work on the feet or hands on spots that are believed to correlate with particular organs to restore the body's flow of energy." Similarly, in her April 24" Agenda ltem T 695136.1 Appeal of Code Interpretation - Application of Massage Technician Permit Requirement to "Reflexology "Practitioner May 18, 2002 appeal letter, the Appellant describes the work of a reflexologist as follows: "He or she works exclusively on precise points or reflexes on the feet and hands that radiate to all parts of the body, but he/she does not touch any other parts of the body." The appeal letter emphasizes that a reflexology client removes footwear only and does not completely disrobe. The appeal letter also stresses that reflexology is a "compression technique" that: (i) is not equivalent to a stroking or rubbing procedure; (ii) does not include friction, kneading, tapping or pounding and (iii) does not involve mechanical or electrical apparatus or appliances. The City's massage ordinance is codified in Chapter 12 of the Code. Section 12 -1(a) defines `Massage" as follows: "any method of treating the external parts of the body for remedial, health, or hygienic purposes." This provision contains the following non- exclusive list of examples of what constitutes massage: "treatment by means of pressure, friction, stroking, kneading, rubbing, tapping, pounding; treatment by means of stimulating the external parts of the body with any mechanical or electrical apparatus or appliances, or with rubbing alcohol, lineaments, antiseptics, oils, powders, creams, lotions, ointments, or other similar preparations; and treatment by means of baths — including but not limited to Turkish, Russian, Swedish, Japanese, vapor, shower, electric or magnetic treatments, alcohol rubs, or any other type of system for treating or manipulating the human body with or without the character of bath." The Cities of Huntington Beach, Los Alamitos and Costa Mesa were contacted to determine how their ordinances classified reflexologists. All three cities massage ordinances were similar to Seal Beach's ordinance and persons stating they were reflexologists would fall under the three cities "massage" ordinance. The issue before the Council is whether "reflexology' (as described by the Appellant) constitutes "massage" as defined in the Code. To resolve this issue, the Council will need to decide whether reflexology constitutes any of the following: • a method of treating the external parts of the body for remedial, health, or hygienic purposes; • treatment by means of pressure, friction, stroking, kneading, rubbing, tapping or pounding; • treatment by means of stimulating the external parts of the body with a mechanical or electrical apparatus or appliance; • treatment by means of stimulating the external parts of the body with rubbing alcohol, lineaments, antiseptics, oils, powders, creams, lotions, ointments or other similar preparations; treatment by means of a bath; • a vapor, shower, electric or magnetic treatment; or • another type of system for treating or manipulating the human body. If the Council determines that reflexology does constitute massage within the meaning of the Code, then the Appellant will need to obtain a massage technician permit in order to continue her business practice. As with all massage technician permit applicants, the Appellant would have to pass a background check by the Chief of Police and would need to mffrepurt re_ reflexology appeal Appeal of Code Interpretation -Application of Massage Technician Permit Requirement to "Reflexology "Practitioner May 28, 2002 famish a diploma or certificate of graduation from a recognized school of massage. If the Appellant were able to demonstrate at least 15 years of massage technician work experience, then she need only have completed a course of study involving 200 hours of instruction. Otherwise, the course of study would have to involve at least 300 hours of study since she clearly would have more than 3 years of massage technician work experience. These requirements stem from Sections 12 -16 and 12 -17 of the Code. CITY COUNCIL OPTIONS REGARDING APPEAL: After receiving all public testimony and considering staff's Code interpretation, the City Council has the following options: 1) Adopt a minute order denying the appeal and sustaining staffs Code interpretation. If such a minute order is adopted, then the Appellant would have to obtain a massage technician permit in order to continue her reflexology practice. 2) Adopt a minute order granting the appeal and overturning staffs Code interpretation. If such a minute order is adopted, then the Appellant will be able to continue her reflexology practice without obtaining a massage technician permit. 3) Direct staff to draft Code amendments to regulate reflexology as deemed appropriate by the Council. FISCAL IMPACT: No significant fiscal impact is anticipated. s Pamela Arends -King Director of Administrative Services/ Treasurer Attachments: (3) Attachment 1: October 27, 2001 letter from Appellant to Jennifer Garcia Attachment 2: April 24, 2002 appeal letter from Appellant to Council Attachment 3: Wellsprings brochure suffawan,_ reflexologyappeal Marie Arendt 1556 Harriet lane Anaheim CA 92802 April 24, 2002 City Council City of Seal Beach Seal Beach, California r To the Honorable Members of the Council: In April or May of 1996, I applied for a business license with the city of Seal Beach. When I handed Stephanie Stinson my paperwork, she informed me the license process was on a fiscal calendar. She explained that I would need to renew in July. When I asked if I could resubmit my paperwork in July, she informed me that the process had already begun. The result was that I had to pay twice within a two to three month period. Upon receiving my license, I noticed Ms. Stinson had labeled me as a massage therapist. When I called to correct her error and explain that I do reflexology and not massage therapy, Ms. Stinson said it would not matter and would not cause a problem. Since 1996 I have worked under a license with the city of Seal Beach. In October 20011 received a call from Jennifer Garcia. She stated that the city had :' a new CD -ROM program and that the business licenses were being reviewed. Prior to that I had received a letter from the city stating that renewed licenses would be late. Some of my colleagues had to wait until February 2002 to receive their licenses. I explained to Ms. Garcia that reflexology is completely different than massage. I sent her a brochure from Wellsprings (where I'm an independent contractor) and a definition of reflexology. When we next spoke, Ms. Garcia told me that the city attorney thought I did massage, so I asked her what my next step should be. She suggested that I call Joann Yeo, the city clerk. I asked Ms. Garcia to keep my renewal check on file. I called Ms. Yeo in November 2001 and explained the situation, and she said she'd call me back with the information. In January 2002 I realized she hadn't called me, so I contacted her again. She again seemed helpful and promised me a call back. I called again in February since I hadn't heard from her, and she stated that she hadn't talked to anyone, and she'd call me. On March 4, 2002, I called her again and received the same answer. On March 11 Ms. Yeo said that she was involved in the elections and had not spoken to anyone yet. The next ` 0y �r time I called her, she said they were involved in run -offs for the election and had been to busy to follow up. I then received a call from Ms. Garcia in early April of 2002 wanting to know what was happening from my end. I told her everything I had been doing and asked if Ms. Yeo had communicated with her. Ms. Garcia said she was following up on her own. She said my next step could be to send a letter to the city manager. I called and spoke with Jackie in the city manager's office, and after my explanation she spoke with Ms. Garcia. Ms. Garcia again called me and suggested I do the appeal process by writing a formal appeal letter, and to send a copy to her. Ms. Garcia has been very helpful and informative during this long process. She stated that I hadn2 been told the entire process and that a time limit would never be an issue for me. However, Ms. Stinson made a mistake in 1996 which I have been trying to correct. I've worked as an independent contractor doing only reflexology at Wellsprings, located at 550 South Pacific Coast Highway, #207, Seal Beach, 562 - 5941158, since 1996. I would like to briefly explain the major differences between massage and reflexology so that the council can understand these. First, a reflexologist does not do massage. He or she works exclusively on precise points or reflexes on the feet and hands that radiate to all parts of the body, but he /she does not touch any other parts of the body. Secondly, the client removes only his or her foot wear, as opposed to the more complete disrobing for a full body massage. ' Furthermore, it is important to understand that reflexology is nota foot massage. It is a compression technique rather than a stroking or rubbing procedure, and does not include friction, kneading, tapping, or pounding. The reflexologist uses the tips of his /her fingers and does not employ mechanical or electrical apparatus or appliances. I have in good faith been trying to correct this current situation and mistake by Ms. Stinson in 1996. I would like to resolve this matter as soon as possible as I am eight months pregnant. If you have any questions, feel free to contact me at 714778 -1864. Y Sincerely Marie J. Arendt Dear Jennifer, r Here is the definition you requested. October 27, 2001 Reflexology is pressure point wdrk on the feet or hands on spots that are believed to correlate with particular organs to restore the body's flow of energy. If you have any other questions please don't hesitate to call me. Sincerely, Mane 1//-5 do I BoGA @ RWG LAW, COM (t I{ 1 9 y ti � A `N ro � ^ ❑^j � N C �Vy C ti C C, N N y p P P � C cr '� to P G� w1^'• (U y (0 `C b Env3 si �i i� F» s9 in � N es Ea ss � m o ❑ o n❑ �r b '� ro n: G] n. 'o rn, � 0� Z. N r G 'n AWA Y ^u,I Mp \ N \ �d m 07 obi _— e% cn CD CD A CJ N vd O Ul O O \ ay O� 00 C o 0 o 10 'tg O ti o o n t:u F p M G ro a w Lit o 0 o 0 0 c Ei � � FT g QF� C.R 0 w O m Nom` cnd a w o O tG�Go a � mG9 O� m � y A J P w I Marie Arendt 1556 Harriet lane Anaheim CA 92802 April 24, 2002 City Council City of Seal Beach Seal Beach, California To the Honorable Members of the Council: In April or May of 1996, I applied for a business license with the city of Seal Beach. When I handed Stephanie Stinson my paperwork, she informed me the license process was on a fiscal calendar. She explained that I would need to renew in July. When I asked if I could resubmit my paperwork in July, she informed me that the process had already begun. The result was that I had to pay twice within a two to three month period. Upon receiving my license, I noticed Ms. Stinson had labeled me as a massage therapist. When I called to correct her error and explain that I do reflexology and not massage therapy, Ms. Stinson said it would not matter and would not cause a problem. Since 1996 I have worked under a license with the city of Seal Beach. In October 20011 received a call from Jennifer Garcia. She stated that the city had a new CD -ROM program and that the business licenses were being reviewed. Prior to that I had received a letter from the city stating that renewed licenses would be late. Some of my colleagues had to wait until February 2002 to receive their licenses. I explained to Ms. Garcia that reflexology is completely different than massage. I sent her a brochure from Wellsprings (where I'm an independent contractor) and a definition of reflexology. When we next spoke, Ms. Garcia told me that the city attorney thought I did massage, so I asked her what my next step should be. She suggested that I call Joann Yeo, the city clerk. I asked Ms. Garcia to keep my renewal check on file. I called Ms. Yeo in November 2001 and explained the situation, and she said she'd call me back with the information. In January 2002 I realized she hadn't called me, so I contacted her again. She again seemed helpful and promised me a call back. I called again in February since I hadn't heard from her, and she stated that she hadn't talked to anyone, and she'd call me. On March 4, 2002, I called her again and received the same answer. On March 11 Ms. Yeo said that she was involved in the elections and had not spoken to anyone yet. The next time I called her, she said they were involved in run -offs for the election and had been to busy to follow up. I then received a call from Ms. Garcia in early April of 2002 wanting to know what was happening from my end. I told her everything I had been doing and asked if Ms. Yeo had communicated with her. Ms. Garcia said she was following up on her own. She said my next step could be to send a letter to the city manager. I called and spoke with Jackie in the city managers office, and after my explanation she spoke with Ms. Garcia. Ms. Garcia again called me and suggested I do the appeal process by writing a formal appeal letter, and to send a copy to her. Ms. Garcia has been very helpful and informative during this long process. She stated that I hadn't been told the entire process and that a time limit would never be an issue for me. However, Ms. Stinson made a mistake in 1996 which I have been trying to correct I've worked as an independent contractor doing only reflexology at Wellsprings, located at 550 South Pacific Coast Highway, #207, Seal Beach, 562 -594 -1158, since 1996. I would like to briefly explain the major differences between massage and reflexology so that the council can understand these. First, a reflexologist does not do massage. He or she works exclusively on precise points or reflexes on the feet and hands that radiate to all parts of the body, but he /she does not touch any other parts of the body. Secondly, the client removes only his or her foot wear, as opposed to the more complete disrobing for a full body massage. Furthermore, it is important to understand that reflexology is nota foot massage. It is a compression technique rather than a stroking or rubbing procedure, and does not include friction, kneading, tapping, or pounding. The reflexologist uses the tips of his /her fingers and does not employ mechanical or electrical apparatus or appliances. I have in good faith been trying to correct this current situation and mistake by Ms. Stinson in 1996. I would like to resolve this matter as soon as possible as I am eight months pregnant. If you have any questions, feel free to contact me at 714- 778 -1864 Sincerely Yours, Marie J. Arend - -COMM. SOIRNAL- + + *rt +rtrtw * * *w * + + + + ++ DATE MAY -15 -2002 * * * ** TIME 12 53 * ** P.01 MODE = MEMORY TRANSMISSION START - MAY-15 12 :48 END= MAY -15 1253 FILE NO.- 197 STN NO. CON ABBR NO. STATION NAME /TEL.NO. PACES DURATION 001 Ou s 912136260079 0031003 00 :01'23" -CITY OF SEAL BEACH - ***** * * * +w + + *w * * * * + + + + + +rt * * * * * * + + + ++ -SEAL BEACH CITY - * * * *+ - 562 431 4067- * * * * *rt * ** FAX TO: FAX NUMBER: l� 1 FROM / RESPOND TO: (1Ji AGENCY / TOTAL NUMBER OF PAGES: j COMMENTS: s 4-Majo �JKf Lfalj� ftBE>tA.n �� l,gdr W&o/" f CITY OF SEAL BEACH Fax Number: (562) 431 -4067 Telephone Number: (562) 431 -2527