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Home My Public Portal About09-1431ORDINANCE NO. 09 -1431 AN ORDINANCE OF THE CITY OF CARSON, CALIFORNIA, AMENDING CHAPTER 3, SECTIONS 6376, 6385, 63134, 63134.4 AND 63135.4 OF THE CARSON MUNICIPAL CODE REGARDING THE REGULATION OF MASSAGE PARLORS AND MASSAGE TECHNICIANS WHEREAS, the Legislature of the State of California has adopted Senate Bill 731 ( "SB 731 "), effective September 1, 2009 to amend California Business and Professions Code ( "Cal. Bus. & Prof. Code ") Chapter 10.5 to authorize the creation of a non -profit organization to certify massage therapists and massage practitioners at the state level; and WHEREAS, pursuant to SB 731, the holder of a massage certificate shall have the right to practice massage in any city, county or city and county in California without being required to obtain any other license, permit or other authorization to engage in that practice such that the city will not be permitted to enact any ordinance, or enforce a previously adopted ordinance, that requires a license, permit, or other authorization to practice massage by an individual who is certified pursuant to the regulations set forth in Chapter 10.5 of the Cal. Bus & Prof. Code; and WHEREAS, the City Council of the city of Carson desires to promote the public health, safety, comfort, and welfare of the community; and WHEREAS, the city wishes to update portions of Chapter 3 of the Carson Municipal Code to ensure that the city's regulation of massage establishments comply with SB 731 and Cal. Bus. & Prof. Code Chapter 10.5. NOW, THEREFORE, the CITY COUNCIL of the CITY OF CARSON, CALIFORNIA, does hereby ordain as follows: SECTION 1. Section 6376 of the Carson Municipal Code is hereby amended to read, in its entirety, as follows: "The Finance Director shall have sixty days in which to investigate the application and background of the applicant. Except as may otherwise be provided in this Part, the Finance Director, upon an investigation of an application and of the business proposed to be conducted upon said premises, may grant or refuse to grant a permit. The Finance Director shall have the right to refuse to grant any permit if he determines that the granting of the same or the conduct of the business will be contrary to the preservation of the public peace, health, safety, morals or welfare of the city or its inhabitants. In addition, no permit shall be granted if: (a) The business is prohibited by any local or state law, statute, rule or regulations, or prohibited in the particular location by any law, statute or rule. ORDINANCE NO. 09 -1431 Page 2 of 4 (b) The granting of the permit would result in the establishment of use or occupancy of land in violation of the Zoning Ordinance or Zoning Map of the city. (c) The granting of the permit would result in an occupancy or use in violation of any other provision or regulation of this Code. (d) The granting of the permit or occupancy or use pursuant thereto would result in the creation or maintenance of a public nuisance. (e) The granting of the permit, by reason of special or unusual circumstance, would be detrimental to the public interest or endanger the public health, safety, morals or welfare. (f) The applicant is unfit to be trusted with the privileges granted by such permit or has a bad moral character, intemperate habits or a bad reputation for truth, honesty or integrity. (g) The applicant has knowingly made a false statement on a material matter in the application and it is, therefore, in the public interest that such permit not be granted. Having completed the aforementioned investigation, the Finance Director shall, within fifteen working days, either grant the permit or mail written notification of the reasons for denial thereof. If neither above action is taken, the permit shall be deemed issued." SECTION 2. Section 6385 of the Carson Municipal Code is hereby amended to read, in its entirety, as follows: "Any person may, within fifteen days after notice thereof is received, file an appeal with the City Clerk from any decision of the Finance Director or any condition or regulations imposed by the Finance Director. Any such appeal shall be in writing and shall specify: (a) The name and address of appellant; (b) The matter being appealed; (c) A statement of the grounds of appeal." SECTION 3. Section 63134 of the Carson Municipal Code is hereby amended to read, in its entirety, as follows: "Permit Fee $2,500. In addition to the requirements of CMC 6374, an application for a permit for a massage parlor permit also shall show fingerprints and thumbprints of the applicant, unless specifically waived by the Director of Finance. "Massage parlor" means a place where massages, fomentations, electric or magnetic treatment or alcohol rubs are administered or given. For purpose of this Part, "massage" means any method of pressure on, friction against, stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the external parts of the human body with the hands or any apparatus with or ORDINANCE NO. 09 -1431 Page 3 of 4 without such supplementary aids as: liniment; antiseptic; oil; powder; cream; lotion; ointment or other similar preparations. "Massage" shall include, but not be limited to, the following: muscle therapy; facial massage; shiatsu; Turkish baths; acupressure; reflexology; and related actions or services. Notwithstanding the preceding, "massage parlor" shall not include any health, medical or beauty - related establishment that offers massage services that are both (a) incidental to the primary business; (b) administered solely by means of customer - operated equipment in a private cubicle, room or booth on the business premises; and (c) pursuant to a Cosmetology license to perform pedicures and foot massages." SECTION 4. Section 63134.4 of the Carson Municipal Code is hereby amended at subsection (a) and to add a new subsection (c) to read, in its entirety, as follows: "(a) Any treatment administered in good faith in the course of practice of any healing art personally by any person duly certified by and in good standing with the Massage Therapy Organization as set forth in Business and Professions Code Section 4600 et seq. * * ** (c) "Massage Businesses" or "Establishments" as defined under paragraph (1) of subdivision (b) of Section 4612 of the California Business and Professions Code, except that such businesses or establishments shall not be exempt from this chapter to the extent Section 4612 permits the regulation of zoning, business licensing, reasonable health and safety requirements of such businesses or establishments by local ordinance." SECTION 5. Subsection (a) of Section 63135.4 of the Carson Municipal Code is hereby amended to read, in its entirety, as follows: "(a) Any treatment administered in good faith in the course of practice of any healing art personally by any person duly certified by and in good standing with the Massage Therapy Organization as set forth in Business and Professions Code Section 4600 et seq." SECTION 6. If any section, subsection, subdivision, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid, such invalidity shall not affect the validity of this entire Ordinance or any of the remaining portions hereof. The City Council hereby declares that it would have passed this Ordinance, and each section, subsection, subdivision, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sees, clauses or phrases be declared unconstitutional or otherwise invalid SECTION 7. Except as expressly modified pursuant to this Ordinance, all provisions of Chapter 3 of the Carson Municipal Code shall remain unmodified and in full force and effect. ORDINANCE NO. 09 -1431 Page 4 of 4 SECTION 8. This ordinance shall become effective 30 days from adoption. SECTION 9. The City Clerk shall certify to the adoption of this ordinance. PASSED, APPROVED, AND ADOPTED this 15th day of September, 2009. ATTEST: Ots 1 /.J4 : zr CI CLERK RELE S. KA AGOE APPROVED AS TO FORM: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) ss. CITY OF CARSON MAYOR JIM DEAR I, Helen S. Kawagoe, City Clerk of the City of Carson, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing ordinance, being Ordinance No. 09 -1431 passed first reading on September 1, 2009, was duly and regularly adopted by the City Council of said City at a regular meeting of said Council, held on the 15th day of September, 2009, and that the same was passed and adopted by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Mayor Dear, Davis - Holmes, Gipson and Ruiz -Raber None None Santarina City Clerk, City of Carson, Cgifornia