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Home My WebLink AboutCC AG PKT 2009-10-26 #IAGEN®A STAFF REPORT DATE: October 26, 2009 TO: Honorable Mayor and City Council THRU: David Carmany, City Manager FROM: Terrence Belanger, Interim Director of Development Services SUBJECT: ADOPTION OF ORDINANCE NO. 1587 -AMENDING SECTION 5.45 MASSAGE ESTABLISHMENTS SUMMARY OF REC~UEST: Waive further reading and Adopt Ordinance Number 1587, An Ordinance of the City of Seal Beach Amending the Seal Beach Municipal Code by Amending Section 5.45 Massage Establishments to conform with Senate Bill 731 -creates a statewide certification program for massage professionals and places certain limitations on the City's ability to regulate state-certified massage professionals and massage businesses that employ only such professionals. BACKGROUND: The City Council considered this matter on October 12, 2009 and introduced the subject ordinance. It is now appropriate to adopt the subject ordinance. FISCAL IMPACT: None. RECOMMENDATION: Waive further reading and Adopt Ordinance Number 1587, An Ordinance of the City of Seal Beach Amending the Seal Beach Municipal Code by Amending Section 5.45 Massage Establishments to conform with Senate Bill 731 -creates a statewide certification program for massage professionals and places certain limitations on the City's ability to regulate state-certified massage professionals and massage businesses that employ only such professionals. SUBMITTED BY: NOTED AND APPROVED: Terrence Belanger, Interim Director of Development Services ~~~ David Carmany City Manager Attachment: Ordinance No. 1587 Agenda Item ORDINANCE NUMBER 1557 AN ORDINANCE OF THE CITY OF SEAL BEACH REVISING PERMIT REQUIREMENTS APPLICABLE TO MASSAGE ESTABLISHMENTS AND TECHNICIANS, AND AMENDING TITLE 5 OF THE SEAL BEACH MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 5.45.005, Definitions, of Chapter 5.45 of the Seal Beach Municipal Code is amended to read as follows: "For purposes of this Chapter, the following words and phrases shall mean: A. "Certified Massage Establishment': any massage establishment that either: (i) is operated as a sole proprietorship by a proprietor who is currently a State Certified Massage Professional and is the only person employed by the business to provide massage; or (ii) employs or uses only persons who are State Certified Massage Professionals to provide massage. B. "Chief": Seal Beach Chief of Police of his or her designee. C. "Customer": all persons on the premises during the operating hours who are not the applicant, the applicant's officers or employees or vendors. D. "Designated Managing Officer": the natural person designated by a corporation of partnership as the applicant on the application fora massage establishment permit and the co- permittee upon the issuance of a massage establishment permit. E. "Employee": any person who is employed by a massage establishment. F. "Health Officer": The Orange County Health Department officer responsible for inspecting massage establishments in Seal Beach, or his or her delegate. G. "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 of electrical apparatus or appliances, or with rubbing alcohol, lineaments, 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, or any other type of system for treating or manipulating the human body with or without the character of a bath. Massage includes acupuncture, aromatherapy, and reflexology. H. "Massage Establishment': any establishment having a fixed place of business where any person engages in, conducts, or carries on, or so permits, any business giving a massage, including but not limited to Certified Massage Establishments. I. "Massage Technician" or "Massage Trainee": any person who administers a massage to another person, form of Ordinance Number 1587 consideration, including but not limited to State Certified Massage Professionals. J. "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." SECTION 2. Section 5.45.030(D)(7) of Chapter 5.45 of the Seal Beach Municipal Code is amended to read as follows: "7. A certificate from a medical doctor stating that each proposed Massage Technician has, within 30 days immediately prior thereto, been examined and found to be free of any contagious or communicable disease. This requirement shall not apply to any State Certified Massage Professional." SECTION 3. The first sentence of Section 5.45.035.6. of Chapter 5.45 of the Seal Beach Municipal Code is amended to read as follows: "B. Upon completion of the investigation, the Chief shall grant the permit upon making the following findings, provided however, that subparagraph 5 herein shall not apply to any Certified Massage Establishment operated as a sole proprietorship:" Section 5.45.035(6) shall remain otherwise unchanged. SECTION 4. The first sentence of Section 5.45.045 of Chapter 5.45 of the Seal Beach Municipal Code is amended to read as follows: "Each massage establishment permittee shall comply with the following requirements, provided however, that Certified Massage Establishments shall not be required to comply with subparagraphs H, T, and U:" SECTION 5: Section 5.45.045(8) of Chapter 5.45 of the Seal Beach Municipal Code is amended to read as follows: "B. Each person employed or acting as a massage technician shall either be a State Certified Massage Professional or have a valid City massage technician permit. It shall be unlawful for any owner, manager, operator, responsible managing officer or employee, or permittee in charge of or in control of a massage establishment, to employ or permit a person to act as a massage technician who either is not a State Certified Massage Professional or not in possession of a valid, unrevoked City massage technician permit. A massage establishment permit does not authorize any person to perform massages without either being a State Certified Massage Professional or having a City massage technician permit." SECTION 6: Section 5.45.045.W. of Chapter 5.45 of the Seal Beach Municipal Code is amended to read as follows: `W. No massage establishment may be open for business unless there is at least one State Certified Massage Professional or massage technician holding a current, valid permit on the premises at all times." SECTION 7: Section 5.45.050.A.7. of Chapter 5.45 of the Seal Beach Municipal Code is amended to read as follows: "7. Adequate dressing, locker, and toilet facilities for customers, including a dressing room containing a separate locker (capable of - Ordinance Number 1587 being locked) for each customer, and a minimum of two toilets and two wash basins, one for males and one for females, located in separate rooms, provided however, that Certified Massage Establishments shall not be required under this Chapter to provide more than one restroom." SECTION 8. Section 5.45.075 of Chapter 5.45 of the Seal Beach Municipal Code is amended to read as follows: "It is unlawful for any person other than a State Certified Massage Professional practicing consistently with the qualifications of his or her certification to provide massage without first obtaining, and maintaining in full force and effect, a massage technician permit. A permit issued pursuant to this Chapter shall be valid for the term of one year form the date of issuance." SECTION 9. 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 10. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a regular meeting held on the 26th day of October , 2009. ATTEST: Mayor City Clerk 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 12th day of October , 2009 and was passed, approved and adopted by the City Council at a regular meeting held on the 26th day of October , 2009 by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ABSTAIN: Councilmembers: And do hereby further certify that Ordinance Number 1587 has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. City Clerk