HomeMy WebLinkAboutCC Ord 1587 2009-10-26ORDINANCE 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 for a 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 /her designee.
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, 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, 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, for
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.B. 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(8) 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(B) 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 techniciah: 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.
ATTTST:
Citv'Clerk
a Q�
STATE OF CALIFORNIA } _,j
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
Mayor
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: 2"
NOES: Councilmembers: r iw
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.
Ci Clerk
D
Ordinance Number 1587
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
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
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
City of Seal Beach County of
Orange and which newspaper has
been adjudged a newspaper of
general circulation by the Superior
Court of the County of Orange, State
of California, under the date of
2/24/75 Case Number A82583 that
the notice of which the annexed is a
printed copy (set in type not smaller
than nonpareil), has been published
in each regular and entire issue of
said newspaper and not in any
supplement thereof on the following
dates, to -wit:
all in the year 2009.
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Dated at Sea Beach C ,
t�is , 2009.
Signatur
PUBLICATION PROCESSED BY:
THE SEAL BEACH SUN
216 Main Street
Seal Beach, CA 90740
(562) 430 -7555
This space is for the County
Clerk's Filing Stamp
Proof of Publication of
SUMMARY' -
ORDINANCE'NUMBER
1587
oaaoocoo AN ORDINANCE OF THEi0000000000000
CITY. OF SEAL BEACH
REVISING PERMIT REOUIR-
EMENTS APPLICABLE TO
0000000o
MASSAGE ESTABLISH
0000e000000eo
MENTS AND TECHNIGIANS;
AND AMENDING TITLE 5
OF THE SEAL BEACH
MUNICIPAL CODE.
Senate- Bill 731 (SB 731),
which was adopted earlier
this year, creates a statewide
certification program for mas-
sage professionals and places
certain limitations on the Cityis
ability to regulate state -certi-
fied massage professionals
and massage businesses
that employ only such profes-
sionals.
Ordinance Number 1587
would amend Chapter 5.45 of
the Municipal Code to conform
with SI3 731 by clarifying that:
(1) state certif ied massage pro-
fessionals do no need a mas-
sage technician permit from
the City and will not be sub-
ject to background checks;
and (2) certain of the City's
operational standards do. not
apply to massage business-
es that employ only state cer-
tified massage profession-
als.
Ordinance Number 1587
was introduced at the-regu-
lar City Council meeting of
October 12, 2009. Second
reading and adoption of
Ordinance Number - 1587 is
scheduled for October 26,
2009.
Introduction and first read-
ing of Ordinance. Number
1587 was approved by the
following vote:
AYES: "Antos, Levitt, Miller,
Shanks, Sioan
NOES: None Motion car-
ried
Copies of ,Ordinance
Number 1587 are available
from the office of the City
Clerk, City Hall, 211 - 8th
Street, Seal Beach; telephone
(562) 431 -2527 ext: 1305.
DATED THIS 13th day of
October 200.9,
Linda Devine, City Clerk
City of Seal Beach
--SB -385
Published' in, the Seal Beach
Sun 10/22/2009. -
Ordinance Number 1587
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
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
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
City of Seal Beach County of
Orange and which newspaper has
been adjudged a newspaper of
general circulation by the Superior
Court of the County of Orange, State
of California, under the date of
2/24/75 Case Number A82583 that
the notice of which the annexed is a
printed copy (set in type not smaller
than nonpareil), has been published
in each regular and entire issue of
said newspaper and not in any
supplement thereof on the following
ates, to -wit:
�
(/
all in the year 2009.
I certify (or declare) under penalty of
perjury that the foregoing, is true and
correct.
Dated at Seal Beach, CA
day of , 2009.
M. iV4�4
Signature
PUBLICATION PROCESSED BY:
THE SEAL BEACH SUN
216 Main Street
This space is for the County
Clerk's Filing Stamp
Proof of Publication of
00000000000000000 00000000000000000
00000000000000000000 0000000000000000000000000.0
SUMMARY -
ORDINANCE NUMBER
1587.
Ordinance Number 1587
would amend Chapter.5.45 of
the Municipal Code to conform
with SB 731 by clarifying that:
(1) state certrfied massage pro-
fessionals do no need a mas-
sage technician permit from
the Cifyarid will not be sub-
ject to background 'checks;
and (2) certain of the City's
operational standards do not
apply to massage business-
es that employ only state cer-
tified massage profession-
als.
Ordinance Number 1587
was introduced at the regu-
lar City Council meeting of
October 12, 2009. Waiver of
further reading and adoption
of Ordinance Number 1587
was at the October 26,209
regular City Council meeting
by the following vote:
AYES:•Antod, Levitt,
Miller, Shanks, Sloan
NOES: None Motion car-
ried
Copies of Ordinance
Number 1587 are available
from the office of the City
Clerk, City Hall, 211 - 8th
Street, Seal Beach; telephone
(562) 431 -2527 ext: 1305:
DATED THIS 27th day of
October 2009:
Linda Devine, City Clerk
City of Seal Beach
SB -389 .
Published in the Seal Beach
S.Un.11/05/2009...
Seal Beach, CA 90740
(562) 430 -7555