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HomeMy Public PortalAbout15) 8B Massage Establishments Urgency and Regular OrdinanceCity Council January 19,2016 Page 2 of 5 and required that they be allowed in the same zones as other professional businesses. 2. In April 2014, the City Council adopted Ordinance No. 14-992 to amend the Zoning Code in response to SB 731. Under this ordinance, massage establishments are treated in the same manner as medical offices, clinics, and similar medical uses. The ordinance requires approval of a conditional use permit for all such medical uses, including massage establishments. The ordinance was viewed as an interim measure and remains in effect today. 3. In September 2014, the Governor signed AB 1147, which restored the ability of cities to more strictly regulate massage establishments. AB 1147 sought to address the unintended consequence of SB 731 and its amendments: a proliferation of massage establishments in many communities throughout California, many of which are believed to be fronts for prostitution and/or human trafficking. 4. On January 1, 2015, AB 1147 became effective. 5. On February 5, 2015, the City Council adopted Urgency Ordinance No. 15-999 to enact a moratorium on the establishment of any new massage businesses in Temple City. The purpose of the moratorium was to ensure that new massage businesses would not seek to open in Temple City before new regulations were adopted pursuant to AB 1147. Pursuant to state law, the moratorium was effective for an initial period of 45 days. 6. On March 17, 2015, the City Council adopted Urgency Ordinance No. 15-1001 to extend the moratorium for an additional period of 10 months and 15 days to allow sufficient time for staff to prepare comprehensive regulations governing the establishment and operations of massage establishments. 7. On February 4, 2016, the moratorium will expire. Since proposed Ordinance No. 16-1010 would not be effective until after that date, staff is recommending that the City Council also adopt Urgency Ordinance No. 16-1009U, to be effective immediately upon adoption and prior to the expiration of the moratorium on February 4. ANALYSIS: AB 1147 authorizes cities to regulate massage services through zoning requirements, business licensing, and the imposition of reasonable operational requirements related to health and safety. Cities are again allowed to treat massage establishments differently from other professional services and to impose certain regulations on massage therapists whether or not they are CAMTC certified. While the CAMTC and the voluntary certification provisions remain intact, the composition of the CAMTC City Council January 19, 2016 Page 3 of 5 Board has been changed to increase the amount of government representation. AB 1147 remains in effect until January 1, 2017, and will undergo review to determine its effectiveness and whether it should be further extended or amended. In the meantime, it is necessary for Temple City to amend its Municipal Code to be consistent with AB 1147 and ensure that massage establishments and therapists are being regulated to the fullest extent allowed under the law. Proposed Ordinance The proposed ordinance and urgency ordinance contain identical requirements. The purpose of the urgency ordinance is to ensure that the new requirements are in effect prior to the expiration of the moratorium. The regular ordinance will replace and supersede the urgency ordinance once effective. The proposed ordinance and urgency ordinance regulate massage establishments and massage practitioners through location and use restrictions in the Zoning Code, business permit requirements, and operating standards. The following is a summary of the proposed requirements: Zoning o Massage establishments would be allowed with approval of a conditional use permit in the following zones: C-2, C-3, Downtown Specific Plan Las Tunas East Commercial, and Downtown Specific Plan Las Tunas West Commercial (see Attachment "C"); o A massage establishment could not be located within 500 feet of another massage establishment to prevent a proliferation of establishments in the same area; o A massage establishment could not be located within 100 feet of a property zoned R-1, except in the Downtown Specific Plan Las Tunas East Commercial zone; o Medical offices would be regulated separately from massage establishments; medical offices would be allowed by right and would no longer require a conditional use permit; and o Massage services would continue to be allowed as incidental services in hair salons, nail salons, and day spas, without approval of a conditional use permit, so long as the massage services do not occupy more than 25 percent of the floor area and comply with all operational requirements. Business Permits and Licenses o All massage establishment operators and all massage therapists must be certified by the CAMTC, with limited exceptions for medical practitioners as provided under state law; and City Council January 19, 2016 Page 4 of 5 o All massage establishment operators must apply for and receive a business permit, which is a regulatory permit, in addition to a typical business license. The review process for business permits includes background checks by the Sheriff's Department. Operational Standards o All massage establishments would be required to comply with operational standards intended to ensure the health and safety of clients. Such standards include but are not limited to: o Limited hours of operation; o Signs regarding services and prices; o Adequate, clean, and sanitary restroom facilities, towels, and linens; and o Unlocked doors and visibility, while still providing privacy and security for clients; and o Acupressure establishments would be regulated in the same manner as massage establishments and would no longer have separate requirements. Findings TCMC Section 9-1G-O provides that the Zoning Code may be "amended whenever the public interest and necessity so require." There are no specific findings required to amend the Zoning Code or other titles of the Municipal Code. Environmental Review The proposed ordinance is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to Section 15305 of the CEQA Guidelines pertaining to minor alterations to land use limitations and Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty to have no possibility of a significant effect on the environment. CITY STRATEGIC GOALS: Adopting the proposed ordinance would further the City Strategic Goals of Public Health and Safety and Quality of Life. FISCAL IMPACT: The proposed ordinance would have no impact on the Fiscal Year 2015-16 City Budget. City Council January 19, 2016 Page 5 of 5 ATTACHMENTS: A. Urgency Ordinance No. 16-1009U B. Ordinance No. 16-1010 C. Map of locations where massage establishments would be allowed with a CUP ATTACHMENT A URGENCY ORDINANCE N0.16-1009U AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, AMENDING TITLES 4, 5, AND 9 OF THE TEMPLE CITY MUNICIPAL CODE PERTAINING TO MASSAGE THERAPY, MASSAGE ESTABLISHMENTS, MEDICAL OFFICES, AND RELATED USES. WHEREAS, The City of Temple City ("City") has adopted a General Plan to ensure a well- planned and safe community; and WHEREAS, Protection of public health, safety, and welfare is fully articulated in the General Plan; and WHEREAS, State law requires that the City's zoning ordinance, found at Title 9, Chapter 1 of the Temple City Municipal Code ("TCMC"), conform with the General Plan's goals and policies; and WHEREAS, In 2008, Senate Bill 731 ("SB 731") was adopted by the Legislature and signed into law by the Governor. SB 731 became effective on January 1, 2009 and sunset on January 1, 2015. SB 731, which enacted Section 4600 et seq. of the Business and Professions Code, preempted many local controls relating to massage therapy. Significantly, the law shifted local regulation of massage therapists and practitioners to a newly created entity known as the California Massage Therapy Council ("CAMTC," formerly the Massage Therapy Organization). Certificates issued by the CAMTC to qualified applicants entitled the holder to practice massage therapy anywhere in the State, without the necessity of complying with certain local rules; and WHEREAS, The state laws had the unintended consequence of resulting in a proliferation of massage establishments throughout California, many of which were or are believed to be fronts for prostitution and/or sex or human trafficking; and WHEREAS, In September 2014, the Governor signed Assembly Bill 1147 ("AB 1147"), which returns to local governments the authority to more strictly regulate massage establishments. The new law, which became effective on January 1, 2015, authorizes cities and counties to regulate massage establishments, including through the adoption of zoning requirements; and WHEREAS, The City Council finds that the prior state law, with its significant limits on local land use control of massage, has resulted in an increase in the number of massage establishments in the City; and WHEREAS, The City Council finds that two (2) massage establishments currently operate within the City, and both of these businesses opened in the year 2014; and WHEREAS, The City Council finds that both of these businesses are on Las Tunas Drive, one of the City's primary commercial corridors, and are approximately 4 blocks apart; and Urgency Ordinance No. 16-1 009U Page 2 of 23 WHEREAS, The City Council finds that a number of local massage establishments are advertised or reviewed online in the adult entertainment section of web sites such as backpage.com, rubmaps.com and mpreviews.com, strongly suggesting illicit activity. Massage establishments therefore require a higher level of scrutiny and enforcement than other businesses in order to ensure compliance with local and state laws; and WHEREAS, Massage businesses do not conduct themselves like other professional service businesses, despite certification by the CAMTC of their employees; and WHEREAS, The City Council finds that the oversaturation of massage establishments, a number of which have been found in violation of the law, changes the character of a neighborhood, causes blight and impacts quality of life and the local economy by compromising public trust; and WHEREAS, The City Council further finds that with the passage of AB 1147, certain provisions of the City's ordinances need revision in order to be consistent with state law while still providing comprehensive regulations for the establishment, use, and operation of businesses offering massage services in the City, so that the public health, safety, and welfare remain protected; and WHEREAS, Without the enactment of this urgency ordinance, massage therapists and establishments could quickly submit and potentially receive permits to operate businesses that pose a threat to the public health, safety, and welfare for the reasons described above; and WHEREAS, Government Code Section 36937 authorizes the adoption of an urgency ordinance to preserve the public peace, health, or safety. THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS FOLLOWS: SECTION 1: Article I of Chapter 1 of Title 4 of the Temple City Municipal Code (related to acupressure) is hereby deleted in its entirety, inclusive of Sections 4-11-0 through 4-11-1-5. SECTION 2: Section 5-2A-O of the Temple City Municipal Code is hereby amended as provided in Exhibit "A" to this ordinance, which is incorporated herein by reference. SECTION 3: A new Article E is hereby added to Chapter 2 of Title 5 of the Temple City Municipal Code, entitled Massage Establishments and Therapists. The new Article E shall read as provided in Exhibit "B" to this ordinance, which is incorporated herein by reference. SECTION 4: Section 9-1F-10 of the Temple City Municipal Code is hereby amended to read as provided in Exhibit "C" to this ordinance, which is incorporated herein by reference. SECTION 5: Subsection H of Section 9-1 L-6 of the Temple City Municipal Code (related to signs at massage establishments) is hereby deleted in its entirety. SECTION 6: Section 9-1 N-30 of the Temple City Municipal Code is hereby amended as provided in Exhibit "D" to this ordinance, which is incorporated herein by reference. Urgency Ordinance No. 16-1 009U Page 3 of 23 SECTION 7: A new Section 9-1 T -9 is hereby added to Article T of Chapter 1 of Title 9 of the Temple City Municipal Code, entitled Massage Establishments. The new Section shall read as provided in Exhibit "E" to this ordinance, which is incorporated herein by reference. SECTION 8: Section D of Chapter Ill of the Downtown Specific Plan, incorporated by reference in Temple City Municipal Code Section 9-1 N-50, is hereby amended as provided in Exhibit F to this ordinance, which is incorporated herein by reference. SECTION 9: The City Council hereby declares that, should any provision, section, subsection, paragraph, sentence, clause, phrase, or word of this Ordinance or any part thereof, be rendered or declared invalid or unconstitutional by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, such decision or action shall not affect the validity of the remaining section or portions of the Ordinance or part thereof. The City Council hereby declares that it would have independently adopted the remaining provisions, sections, subsections, paragraphs, sentences, clauses, phrases, or words of this Ordinance irrespective of the fact that any one or more provisions, sections, subsections, paragraphs, sentences, clauses, phrases, or words may be declared invalid or unconstitutional. SECTION 10: The City Council finds that this Ordinance is not subject to environmental review under the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Section 15305 pertaining to minor alterations to land use limitations and Section 15061(b)(3) because it can be seen with certainty that the Ordinance has no possibility of a significant effect on the environment. SECTION 11: This ordinance is an urgency ordinance enacted under California Government Code Section 36937. This urgency ordinance is effective upon adoption by a fourth- fifths vote of the City Council. This urgency ordinance shall remain in effect until Ordinance No. 16-1010 becomes effective, at which time Ordinance No. 16-1010 shall supersede this urgency ordinance. SECTION 12: The City Clerk shall certify to the passage and adoption of this Ordinance and to its approval by the Mayor and shall cause the same to be published according to law. PASSED, APPROVED, AND ADOPTED this 191h day of January, 2016. Tom Chavez, Mayor ATTEST: APPROVED AS TO FORM: Peggy Kuo, City Clerk Eric S. Vail, City Attorney Urgency Ordinance No. 16-1 009U Page 4 of 23 I, Peggy Kuo, City Clerk of the City of Temple City, hereby certify that the foregoing Urgency Ordinance No. 16-1009U was introduced and was duly passed, approved, and adopted at the regular meeting of the City Council of the City of Temple City held on the 19 1h day of January, 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Peggy Kuo, City Clerk Urgency Ordinance No. 16-1 009U Page 5 of 23 EXHIBIT A Section 5-2A-O of the Temple City Municipal Code is hereby amended to add and delete, in an alphabetical manner, the following businesses in the list of businesses for which a business permit is required. Additions are underlined and deletions are shown in strikeout: Acupressure. 1\cupressurist. Massage parlers. Massage business or establishment as defined in Section 5-2E-1. Urgency Ordinance No. 16-1009U Page 6 of 23 EXHIBIT B A new Article E is hereby added to Chapter 2 of Title 5 of the Temple City Municipal Code, to read as follows: TITLE 5. BUSINESS LICENSES AND REGULATIONS CHAPTER 2. BUSINESS PERMITS ARTICLE E. MASSAGE ESTABLISHMENTS AND THERAPISTS 5-2E-O: PURPOSE AND INTENT: The purpose of this Article is to protect the public's health and safety through the establishment of certain licensing standards pertaining to massage establishments within the City of Temple City, and to recognize massage therapy as a legitimate business occupation and health service enhancement. Nothing in this ordinance is intended to permit any use, conduct and/or activity that violates any federal, state, or local law or regulations. 5-2E-1: DEFINITIONS: Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this Section shall govern the construction, meaning, and application of words and phrases used in this Article. APPROVED SCHOOL: An institution that provides massage therapy education and training as such term is defined in Section 4600 of the Massage Therapy Act. BUSINESS PERMIT OFFICER: The Community Development Director of the City of Temple City, or his or her designated representative. CAMTC: The California Massage Therapy Council created by California Business and Professions Code Section 4600 and following sections. CAMTC CERTIFICATE: A current and valid certificate issued by the CAMTC. CITY: The City of Temple City. CITY COUNCIL: The City Council of the City of Temple City. CITY MANAGER: The City Manager of the City of Temple City, or his or her designated representative. COUNTY: The County of Los Angeles. CUSTOMER AREA: Any area open to customers of a massage business or establishment. EMPLOYEE: Any person, other than a massage therapist or manager, who performs services at the massage establishment and receives compensation from the operator of the massage Urgency Ordinance No. 16-1 009U Page 7 of 23 establishment for such services, including an independent contractor, while on the premises of the massage establishment. HEALTH DEPARTMENT: The Los Angeles County Department of Health Services. MANAGER: The person(s) designated by the operator of the massage establishment to act as the representative and agent of the operator in managing day-to-day operations with the same liabilities and responsibilities. Evidence of management includes, but is not limited to, evidence that the individual has power to direct or hire and dismiss employees, control hours of operation, create policy or rules, or purchase supplies. A manager may also be an operator. MASSAGE or MASSAGE THERAPY: Any method of treating the external parts of the body for remedial, hygienic, relaxation or any other similar purpose, whether by means of pressure on, friction against or stroking, kneading, tapping, pounding, vibrating, rubbing or other manner of touching external parts of the body with the hands, or with the aid of any mechanical or electrical apparatus or appliance with or without supplementary aids such as rubbing alcohol, liniment, antiseptic, oil, powder, cream, ointment or other similar preparations commonly used in this practice and shall include herbal body wraps. For the purposes of this Article, "massage" or "massage therapy" includes the techniques of acupressure and reflexology. MASSAGE BUSINESS OR ESTABLISHMENT: Any business or establishment, including a sole proprietor or independent contractor, conducted within the City where any person engages in, conducts, carries on or permits to be engaged in, conducted or carried on, for money or any other consideration, the administration to another person of a massage. MASSAGE THERAPIST: Any person who administers to another person a massage for any form of consideration. MASSAGE THERAPY ACT: Chapter 10.5 of Division 2 of the California Business and Professions Code (beginning at Section 4600). OPERA TOR: A sole proprietor of, a general partner of, or all persons who have an ownership interest in, a massage business or establishment. PERSON: Any individual, corporation, partnership, association or other group or combination of individuals acting as an entity. SHERIFF: The designated representative of the Los Angeles County Sheriff's Department. SHERIFF'S DEPARTMENT: The Los Angeles County Sheriff's Department. SPECIFIED CRIMINAL OFFENSE: One or more of the following: (a) Pleading guilty or nolo contendere to, or being convicted in a court of competent jurisdiction, within five (5) years of the date of filing the application, a misdemeanor or felony crime involving sexual misconduct, including, but not limited to the following: Urgency Ordinance No. 16-1 009U Page 8 of 23 (1) Chapter 1 of Title 9 of the Penal Code (Sections 261-269) relating to sexual crimes; or (2) Chapter 8 of Title 9 of the Penal Code (Sections 314-318.6) relating to indecent exposure, obscenity, and disorderly establishments; or (3) Penal Code Section 647(a) or (b) relating to prostitution; or (4) Any similar offenses under the criminal code or penal code of this state or any other states or countries; or (b) Having permitted within five (5) years of filing the application, through an act of omission or commission, an employee or agent to engage in any type of moral turpitude or sexual misconduct offense listed in (a) above (the conduct of the employee or agent, if such resulted in a conviction or a plea of nolo contendere or guilty, will be considered imputed to the principal). 5-2E-2: CONDITIONAL USE PERMIT: No massage business or establishment may operate without first obtaining a conditional use permit in accordance with Article F or Chapter 1 of Title 9. All operations must be conducted at the site identified in the conditional use permit and comply with all conditions contained in the conditional use permit. 5-2E-3: CAMTC CERTIFICATE: A Massage businesses and establishments. No person may engage in, conduct or carry on, or permit to be engaged in, conducted or carried on in any location within the City, a massage business or establishment unless all persons providing massage therapy at or on behalf of the massage business or establishment have a CAMTC certificate. B. Massage therapy. No person may engage in, conduct, carry on, or perform massage therapy within the City unless such person has a CAMTC certificate. C. Exceptions. Subsections A and B shall not apply to the following: 1. Any physician, surgeon, chiropractor, osteopath, naturopath, podiatrist, acupuncturist, physical therapist, registered nurse or vocational nurse duly licensed to practice their respective profession in the state. 2. Any treatment administered in good faith in the course of the practice of any healing art or profession by any person licensed to practice any such art or profession under the California Business and Professions Code or any other law of the state. 3. Barbers, cosmetologists, estheticians, and manicurists licensed to practice their respective profession under the laws of the state while performing activities within the scope of their license, provided that such massage is limited solely to the neck, face, scalp, feet, hands, arms, and lower limbs up to the knees of their patrons. Urgency Ordinance No. 16-1 009U Page 9 of 23 4. State-licensed hospitals, nursing homes, and other state-licensed physical or mental health facilities and their employees. 5. Persons who provide massage therapy to athletes or athletic teams, facilities or events, so long as such persons do not practice massage therapy as their primary occupation within the City. 6. Approved schools and their employees that provide massage therapy education or training and their students in training, provided that such students perform massage therapy only under the direct personal supervision of an instructor. 5-2E-4: MASSAGE BUSINESS PERMIT: A. Business permit required. The operator of each massage business or establishment must obtain a business permit pursuant to this Article prior to commencing operation or providing any massage therapy and must thereafter maintain a valid business permit. B. Business permit application. The application for a business permit will be made in accordance with the provisions of this Article. Each applicant for a massage business permit must provide the following information where applicable as determined by the City, with the application: 1. The full true name under which the massage establishment will be conducted. 2. The present or proposed address where the massage establishment is to be conducted. 3. The applicant's full, true name, any other names used within the past five (5) years, date of birth, California drivers license number or California identification number, present residence address and residence telephone number, and the sex, height, weight, color of hair, and color of eyes of the applicant. 4. Acceptable written proof that the applicant is at least eighteen (18) years of age. 5. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or charter together with the state and date of incorporation and the names and residence addresses and telephone numbers of each of its current officers and directors, and of each stockholder holding more than five percent of the stock of that corporation. 6. If the applicant is a partnership, the application shall set forth the name, residence address and telephone numbers of each of the partners, including each of the limited partners. If the applicant is a limited partnership, it shall furnish a copy of its certificate of limited partnership. If one (1) or more of the partners is a corporation, the provisions of this section pertaining to corporate applicants shall apply. 7. A complete description of all services to be provided at the massage establishment. Urgency Ordinance No. 16-1009U Page 10 of 23 8. The names and addresses of each massage therapist providing massage therapy at or on behalf of the business or establishment, including whether they are a full-time employee or an independent contractor, and proof that each such massage therapist has a valid CAMTC certificate. 9. The name of the person(s) designated by the applicant to act as manager of the massage establishment. The manager shall be required, at all times, to meet all of the applicable requirements of this Article. 10. A photograph of passport quality for each manager and massage therapist employed at the massage business or establishment. 11. A description of any other business to be operated on the same premises, or on adjoining premises, owned or controlled by the applicant. 12. The name and address of the owner and lessor of the real property upon or in which the massage establishment is to be conducted. In the event the applicant is not the legal owner of the property, the application must be accompanied by a copy of the lease and a notarized acknowledgment from the owner of the property that a massage establishment will be located on his/her property. 13. Business, occupation, or employment history of the applicant for the three (3) years immediately preceding the date of the application. 14. The business license and permit history of the applicant, including whether such person, in previously operating in this City, or another city or state under license or permit, has had such license or permit revoked or suspended, and the reason for such action. 15. An affidavit that the applicant has been not convicted of or permitted any specified criminal offense. The applicant and operator of the massage establishment must provide proof of a Live Scan or other similar City-approved background check. 16. A nonrefundable business permit fee, and renewal fee in the case of a business permit renewal, as set by resolution of the City Council shall be paid to the City to defray the actual cost of processing the business permit. 17. A floor plan of the premises to be occupied by the massage establishment, including any adjacent space to be leased, owned or occupied by the operator of the massage establishment, and showing all entrances, exits, windows, interior doors, restrooms, and all other separately enclosed rooms including but not limited to closets, storerooms, break rooms, and changing rooms. 18. An acknowledgement that by applying for a business permit, the applicant understands that they are responsible for all violations of employees or independent contractors that may take place in the massage business or establishment that they own or manage, including whether each employee or independent contractor holds a Urgency Ordinance No. 16-1009U Page 11 of 23 CAMTC Certificate, and that such violations are grounds for revocation of the business permit. C. Inspection of premises. Upon receipt and/or after approval of a complete application, a business permit officer will cause the periodic inspection of the proposed premises of any fixed location massage business or establishment for compliance with the requirements of this Article and code. D. Issuance of permit. Upon receipt of a written application for a business permit for an establishment, a business permit officer shall ascertain whether such business permit should be issued as requested. Upon the completion of the review, the City must issue the business permit if it finds: 1. The required fee has been paid; and 2. The application conforms in all respects to the provisions of this Article; and 3. The applicant has not made a material misrepresentation or omission in the application; and 4. The applicant is at least eighteen (18) years of age; and 5. A conditional use permit has been approved to operate the massage establishment at the proposed location; and 6. The massage establishment as proposed by the applicant would comply with all applicable laws, including, but not limited to, health, zoning, fire and safety requirements and standards. E. Denial of permit. If a business permit officer finds that any of the applicable requirements of this Article or this code are not satisfied, including any conviction for or the permitting of a specified criminal offense, recent history of prior business license or permit suspension or revocation, or evidence that the applicant has provided materially false information, the application will be denied. The decision of a business permit officer to deny a business permit application or renewal may be appealed pursuant to the procedures set forth in Section 5-2E-7. F. Permit renewal. A massage business permit shall expire on December 31 of the year in which it is issued and shall be subject to annual renewals thereafter. A business permit must be renewed annually in the same manner as a new permit as provided in this Article, at which time the applicant must provide proof that all applicable requirements of this Article and this code remain satisfied. G. Transfer of permit prohibited. Upon the sale or transfer of any interest in a massage business or establishment, the business permit will become void. The person acquiring the interest in a massage business or establishment must submit a new business permit application and receive approval of such permit in accordance with the provisions of this Article. Urgency Ordinance No. 16-1009U Page 12 of 23 H. Notification of changes in registered massage therapists. Each permittee must submit to the City the names and applicable CAMTC certificate of any new massage therapists not previously included in the list required under Subsection (8)(8) above who are hired or retained to provide massage therapy at or on behalf of the business or establishment, including whether they will be an employee or independent contractor, prior to such person commencing the provision of any massage therapy services. In addition, any discharge or termination of the services of a massage therapist must be reported to the city within five (5) business days of such event. I. Revocation or suspension of permit. The following grounds constitute a basis for the revocation or suspension of a permit: 1. The misrepresentation of a material fact by an applicant in obtaining a permit; or 2. The continuation of the operations of the permittee under such permit will be detrimental to the public health, safety, peace, welfare or morals, or is found to constitute a public nuisance; or 3. The violation of any law related to the operation of the applicable business, including any violations of this code or a specified criminal offense; or 4. The violation of any condition imposed on the permit. J. Revocation/suspension procedures. 1. Complaints against any permittee must be in writing and must set forth one or more of the grounds enumerated above. Complaints must be filed with, or may be initiated by, a business permit officer, who will then conduct an investigation to determine whether the complaint is sufficient to show probable cause for the revocation or suspension of the permit. A written report of any officer, employee or agent of the City disclosing violations of any law by the permittee or the permittee's agents or employees will also be deemed a complaint within the meaning of this section. All complaints must be verified unless made by City officers, employees, or agents in their official capacity. 2. Upon completion of the business permit officer's investigation, the business permit officer will report the results to the City Manager, together with a recommendation as to whether grounds exist to revoke or suspend the permit or whether the complaint should be disregarded. 3. Based upon the report of such business permit officer and such additional investigation as the City Manager may deem appropriate, the City Manager will determine whether the complaint constitutes a sufficient basis to revoke or suspend the permit, and if so, will issue a written order of revocation or suspension to the permittee setting forth the grounds for revocation or suspension of the permit. Such written order must be sent by certified mail to the permittee's last known address or be personally delivered. The order must also provide notice that the permit Urgency Ordinance No. 16-1 009U Page 13 of 23 revocation or suspension will become final within ten days of the date of mailing or personal delivery of the order unless it is timely appealed in the manner provided in Section 5-2E-7. 5-2E-5: MASSAGE ESTABLISHMENT OPERATING REQUIREMENTS: No person shall engage in, conduct, carry on, or permit to be engaged in, conducted, or carried on, any massage establishment, unless each and all of the following requirements are met. A. Massage operations shall be carried on or conducted, and the premises shall be open, only between the hours of 8:00a.m. and 10:00 p.m. of any day. A massage begun any time before 10:00 p.m. must nevertheless terminate at 10:00 p.m. All customers and visitors shall be excluded from the massage establishment by that time. The hours of operation shall be displayed in a conspicuous public place in the lobby within plain view of the entrance and clearly visible from the outside. B. A person designated as a manager shall be on the massage establishment premises at all times of operation and must be registered with the City by the operator to receive all complaints and be responsible for all violations taking place on the premises. The appointment of a manager must be in writing with the manager in charge of the premises acknowledging this appointment. All managers must be registered with the City prior to being employed in this position, and all managers must possess a valid CAMTC certificate. C. The massage establishment mush post signs specifying a list of services available, the cost of such services, and notice indicating that the massage establishment and the massage rooms do not provide complete privacy and are subject to inspection by the City and health officials without prior notice. Such signs shall be posted in bold minimum one-inch type, in English and such other languages as may be convenient to communicate such services, in an open public place within plain view of the entry of the premises, and shall be described in readily understandable terms. No operator or manager shall permit, and no massage therapist shall offer or perform, any service other than those posted pursuant to this section. D. The massage establishment business permit and a copy of the CAMTC certificate of each and every massage therapist employed in the massage establishment shall be displayed in an open and conspicuous place within plain view of the entry of the massage establishment premises. E. Every massage establishment shall require all customers to sign a register book. The manager shall assure that the massage establishment shall keep an accurate register book showing the name and address of each customer in clear and legible writing, verified by the customer's driver's license or identification card, the name of the massage therapist administering the treatment, and the type of treatment administered. Such register books shall be maintained on a form approved by the City. Such books shall be open to inspection by officials with responsibility for enforcement of this Article during regular business hours upon demand, written or oral, and without use of subpoena or court process; and may not be used for any other purpose, including use of Urgency Ordinance No. 16-1 009U Page 14 of 23 the file by operators, managers and employees of the establishment. Such register books shall be maintained on the premises of the massage establishment for a period of two years. F. Massage establishments shall at all times be equipped with an adequate supply of clean towels, coverings, and linens. Clean towels, coverings, and linens shall be stored in enclosed cabinets. Separate enclosed cabinets shall be provided for the storage of clean and soiled linens and shall be plainly marked "clean linen" and "soiled linen." Towels and linens shall not be used on more than one patron, unless they have first been laundered and disinfected. Towels and linens shall be laundered or changed promptly after each use. Disposable towels and coverings shall not be used on more than one patron. Soiled linens and paper towels shall be deposited in separate, marked receptacles. G. Adequate bathing, dressing, locker, and toilet facilities shall be provided for patrons. All shower, toilet, and washing facilities shall be thoroughly cleaned and disinfected with a disinfectant approved by the Health Department as needed, and at least once each day the premises are open. H. If wet and dry heat rooms, steam and vapor rooms, cabinets, tanning booths, whirlpool baths and pools are offered, they shall be thoroughly cleaned and disinfected with a disinfectant approved by the Health Department as needed, and at least once each day the premises are open. Bathtubs shall be thoroughly cleaned after each use with a disinfectant approved by the Health Department. All walls, ceilings, floors, and other physical facilities for the establishment must be in good repair and maintained in a clean and sanitary condition. I. Instruments for performing massage shall not be used on more than one patron unless they have been sterilized, using approved sterilization methods. Each operator and/or on-duty manager shall provide and maintain on the premises adequate equipment for disinfecting and sterilizing instruments used in massage. J. All massage therapists shall be subject to the dress code provided in Business and Professions Code Section 4909(a)(1 0). All managers and employees who are not massage therapists shall wear clean, nontransparent outer garments that continuously cover the area from the bottom of the neck to the top of the kneecap, shall remain clothed while on the massage establishment premises, and shall not expose their genitals, pubic area, buttocks, or breasts. K. No person shall enter, be or remain in any part of a massage establishment while in possession of, consuming, or using any alcoholic beverage or drugs except pursuant to a prescription for such drugs dispensed by a pharmacy licensed through the State of California, Board of Pharmacy. The operator and manager shall not permit the storage of alcoholic beverages or condoms upon such premises. L. All exterior doors (except a rear entrance for employees only) shall remain unlocked during business hours, unless there is no massage establishment staff available to assure the security of clients and massage therapists who are behind closed doors. Urgency Ordinance No. 16-1 009U Page 15 of 23 M. Except as provided in Subsection K, doors to dressing rooms, massage rooms, and treatment rooms may not be locked. N. No massage establishment or accessory use locations employing massage therapists shall be equipped with tinted or "one-way" glass in any room or office. 0. Every operator or manager shall report to the city any change of employees, whether by new or renewed employment, discharge or termination, on the form and in the manner required by the City. The report shall contain the name of the employee and the date of hire or termination. The report shall be made within five (5) days of the date of hire or termination. P. The operator and/or on-duty manager shall consent to the unannounced inspection of the massage establishment by the City and the County Fire, Sheriff's, and Health Departments for the purpose of determining that the provisions of this Article or other applicable laws or regulations are met. 1. The City and the county Fire, Sheriff's, and Health Departments may, from time to time, make an unannounced inspection of each massage establishment for the purpose of determining that the provisions of this Article, state law or other applicable laws or regulations are met. Criminal investigations may be conducted as directed by the Sheriff's Department. The Sheriff's Department and/or City may inspect the occupied massage rooms for the purpose of determining that the provisions of this Article are met. During an inspection, the Sheriff's Department and/or the City may verify the identity of all on-duty managers, therapists, and employees. 2. An operator, manager, massage therapist, or employee is prohibited from refusing to permit an inspection of the massage establishment premises by a representative of the City or a Los Angeles County regulatory official at anytime it is occupied or open for business, as required by this Section. Q. No person or persons shall live inside the massage establishment at any time. No massage therapist or other person shall be allowed to occupy the massage establishment after one hour of closing or before one hour of opening. Bona fide cleaning contractors are exempt from this provision. R. No electrical, mechanical or artificial device shall be used by the operator, manager, therapist, or any employee of the massage establishment for audio and/or video recording within dressing rooms, massage rooms, or treatment rooms, or the conversation or other sounds within dressing rooms, massage rooms, or treatment rooms. S. The operator or on-duty manager of the massage establishment shall keep a complete and current list of the names, residence addresses, and telephone numbers of all massage therapists and employees of the massage establishment and the name, residence address and telephone number of the manager purported to be principally in Urgency Ordinance No. 16-1 009U Page 16 of 23 charge of the operation of the massage establishment. This roster shall be written in English, kept on the premises and be available for inspection by any official charged with enforcement of this Article. T. Each massage establishment shall provide to all customers clean, sanitary and opaque coverings capable of covering the patrons' specified anatomical areas including the genital and pubic areas, anus, and female breast consistent with State of California Government Code Section 51034. No common use of such coverings shall be permitted and re-use is prohibited unless adequately cleaned. U. No massage establishment shall place, publish, distribute, or cause to be placed, published, or distributed any advertising matter that depicts any portion of the human body that would reasonably suggest to prospective customers that any service is available other than those services described in this Article. No massage establishment shall employ language in the text of such advertising that would reasonably suggest to prospective customers that any service is available other than those services authorized by this Article. V. No person shall engage in, conduct, or carry on the business of a massage establishment unless there is on file with the City, in full force and effect at all times, documents issued by an insurance company authorized to do business in the State of California evidencing that the licensee is insured under a liability insurance policy providing minimum coverage of one hundred thousand ($100,000.00) dollars for injury or death to one person arising out of the operation of any massage establishment and the administration of a massage. W. All massage establishments must comply with all state and federal laws and regulations for persons with a disability, including all applicable anti-discrimination laws. X. No person(s) other than valid CAMTC certificate holders, employees, customers, vendors, and service providers will be allowed beyond the front lobby, located directly inside the front door entrance during hours of operation. Y. Minimum lighting shall be provided in accordance with Article 220 of the National Electrical Code, and, in addition, at least one artificial light of not less than forty (40) watts shall be illuminated in each room or enclosure where massage services are performed on customers. Z. Massages shall be administered only on standard massage tables, and not on pads or beds. Pads used on massage tables shall be covered with a durable washable plastic or other waterproof material acceptable to the Health Department. AA. No massage business located in a building or structure with exterior windows fronting a public street, highway, walkway, or parking area shall block visibility into the interior reception and waiting areas through the use of curtains, closed blinds, tints, or any other material that obstructs or darkens the view into the premises or by signs that cover more than fifteen percent (15%) of any window pane. The interior of the business shall be plainly visible from the exterior of the business by passing vehicles and pedestrians. Urgency Ordinance No. 16-1009U Page 17 of 23 BB. Each establishment, operator, manager, massage therapist, and employee shall comply with the State of California Business and Professions Code Sections 4600-4641. CC. Each establishment, operator, manager, massage therapist, and employee shall ensure that at no time other than for brief moments during changing in private rooms will any genitalia or female breasts be uncovered. 5-2E-6: CHANGE OF LOCATION, NAME, OR INFORMATION AND SEPARATE LOCATION: A. Any change of location of any massage establishment must first be approved by the City who must determine, prior to approval that all ordinances and regulations of the City will be complied with at any proposed new location and that a conditional use permit has been approved to operate the massage establishment at the new location. B. Where a person holding a business permit issued under the provisions of this Article changes the name of the massage establishment, such person must make an application to the City and pay a fee in an amount set by City Council resolution to have said business permit amended to reflect the change of name. C. No CAMTC certificate holder or massage establishment shall operate under any name or conduct any establishment under any designation not specified in the CAMTC certificate or business permit issued pursuant to this Article. D. Any application for an extension or expansion of a building or other place of business of a massage establishment shall require compliance with the City's zoning regulations. E. A separate business permit shall be required for each location of a massage establishment. F. If during the life of a massage establishment business permit the permittee has any change in information concerning the original application, notification of such change(s) must be rnade to the City, in writing, within thirty (30) days of the change(s). G. Any massage establishment which is legally permitted by the City upon the effective date of this Article and has any type of change to the ownership or ownership structure shall be required to comply in full with all requirements of this Article. 5-2E-7: APPEALS: A. Permit denial. 1. An applicant may appeal the business permit officer's denial of a permit or permit renewal by filing a written notice of appeal with the City Clerk setting forth the grounds for disagreement with the decision within ten (1 0) days of the date of the decision. The appeal must be accompanied by the applicable appeal fee. Urgency Ordinance No. 16-1 009U Page 18 of 23 2. The City Clerk will then fix a time and place for the hearing of such appeal before the City Manager, and must give notice to the appellant of the time and place of the hearing by certified mail or personal delivery to the appellant at the address provided in the appeal. 3. At the hearing, the City Manager will have authority to determine all questions raised on such appeal, provided that no such determination may conflict with any substantive provision of this code or other applicable law. The decision of the City Manager will be final, and will be effective upon the date that written notice of the decision is sent by certified mail or personally delivered to the appellant. B. Permit revocation or suspension. 1. A permittee may appeal the City Manager's revocation or suspension order by filing a written notice of appeal with the City Clerk setting forth the grounds for disagreement with the decision within ten (1 0) days of the date of the revocation or suspension order. The appeal must be accompanied by the applicable appeal fee established by City Council resolution. 2. If an appeal of a revocation or suspension order is timely filed, the matter will be scheduled for a hearing within a reasonable time before a City-appointed administrative Hearing Officer. The filing of such appeal will stay the revocation or suspension order until a final decision is made by the Hearing Officer. The permittee, and any other persons requesting notice must be given at least ten (1 0) days' written notice of the time and place of such hearing. 3. At the hearing, the Hearing Officer will determine whether a sufficient basis exists for the revocation or suspension of the permit based upon the complaint, applicable staff reports, the revocation or suspension order, and such other evidence as may be presented that is relevant to the proceedings. The permittee will be given a reasonable opportunity to be heard in conjunction with the revocation or suspension proceedings. The burden of proof will be upon the City to show that the facts and evidence is sufficient to constitute a basis for revocation or suspension of the permit. The proceedings before the Hearing Officer will be an informal administrative hearing and the rules of evidence, as generally applied in judicial proceedings, will not be applicable. However, City officials or representatives and the permittee will have the right of subpoena. 4. The Hearing Officer must issue a written decision on the appeal within ten (1 0) days of the conclusion of the hearing unless the City and the permittee agree to a different deadline. Notice of such decision must be provided to the permittee by certified mail or personal delivery. 5. The decision of the Hearing Officer will be effective upon the date of mailing or personal delivery of the decision, and will be final. Urgency Ordinance No. 16-1 009U Page 19 of 23 EXHIBIT C Section 9-1F-10 of the Temple City Municipal Code is hereby amended to add and delete, in an alphabetical manner, the following uses in the list of uses allowed with a conditional use permit. Additions are underlined and deletions are shown in strikeout. "Acupressure establishment" as defined in section 4 11 0 1 of this code, subject to locational restrictions set forth in section 9 1T 3 of this chapter. Massage business or establishment, subject to Section 9-1T-9. Medical offices, clinics, and similar uses. Urgency Ordinance No. 16-1009U Page 20 of 23 EXHIBIT D Subsection A of Section 9-1 N-30 of the Temple City Municipal Code is hereby amended to add and delete, in an alphabetical manner, the following uses in the list of permitted uses in the C-2 zone. Additions are underlined and deletions are shown in strikeout: Bareer aRd eeautiGiaR Barber shops, beauty parlors, beauty salons, hair salons Day spas (facials, waxing, skin treatments, and similar services not including massage) Massage businesses or establishments (CUP required and subject to Section 9-1T-9) MediGal GliRiGs Medical and dental offices, clinics, and similar uses Nail salons Subsection B of Section 9-1 N-30 of the Temple City Municipal Code is hereby amended in its entirety to read as follows. B. Accessory uses: The following uses shall be permitted as an incidental use: 1. Accessory buildings and structures. 2. Massage therapy as defined in Section 5-2E-1, subject to the following requirements: a. The massage therapy shall be incidental to one or more of the following permitted or conditionally permitted uses: barber shops, beauty parlors, beauty salons, hair salons; day spas; gymnasiums and health clubs; medical offices, clinics, and similar uses; nail salons; reducing salons, baths, and physiotherapy facilities. b. The gross floor area dedicated to massage therapy shall not exceed twenty-five percent (25%) of the gross floor area of the establishment. Areas where massage is provided as an incidental service such as in conjunction with a manicure or hair styling shall not be counted toward this requirement. c. Those areas of the establishment dedicated to massage therapy, the establishment operator, the manager, and all massage therapists shall comply with all requirements of Title 5, Chapter 2, Article E. Urgency Ordinance No. 16-1 009U Page 21 of 23 2. Permanent makeup services, subject to the following requirements: a. The permanent makeup service shall be incidental to one or more of the following permitted uses: barbershops, beauty parlors, beauty salons, hair salons; day spas; nail salons. b. Permanent makeup shall be limited to the application of eyeliner, eyebrows, eye shadow, lip liner, and lip color. c. The application of permanent makeup shall not be performed on persons under the age of eighteen (18) without the consent of said minor's parent or guardian. Urgency Ordinance No. 16-1 009U Page 22 of 23 EXHIBIT E A new Section 9-1T -9 is hereby added to Article T of Chapter 1 of Title 9 of the Temple City Municipal Code, to read as follows: 9-1T-9: MASSAGE ESTABLISHMENTS: A. Applicability: This Section applies to massage establishments as defined in Section 5- 2E-1. This Section does not apply to massage therapy provided as an incidental use pursuant to Section 9-1 N-30(B). B. Location: Massage establishments are permitted in the following zones, subject to approval of a conditional use permit: C-2, C-3, Downtown Specific Plan Las Tunas East Commercial, and Downtown Specific Plan Las Tunas West Commercial. While massage establishments are conditionally permitted in the C-2 zone pursuant to Sections 9-1 F-1 0 and 9-1 F-30, pyramid zoning principles are not applicable to massage establishments. As such, massage establishments are prohibited in the M-1 and M-2 zones. C. Separation: No massage establishment may be located within 500 feet of another massage establishment, as measured from the property lines of the properties on which the massage establishments are located. D. Buffering from R-1 zone: No massage establishment may be located within 100 feet of a property that is zoned R-1, as measured from the property line of the property on which the massage business is located to the property line of the nearest R-1 property. This requirement does not apply to massage establishments located in the Downtown Specific Plan Las Tunas East Commercial zone. Ordinance No. 16-1010 Page 2 of 23 WHEREAS, The City Council finds that a number of local massage establishments are advertised or reviewed online in the adult entertainment section of web sites such as backpage.com, rubmaps.com and mpreviews.com, strongly suggesting illicit activity. Massage establishments therefore require a higher level of scrutiny and enforcement than other businesses in order to ensure compliance with local and state laws; and WHEREAS, Massage businesses do not conduct themselves like other professional service businesses, despite certification by the CAMTC of their employees; and WHEREAS, The City Council finds that the oversaturation of massage establishments, a number of which have been found in violation of the law, changes the character of a neighborhood, causes blight and impacts quality of life and the local economy by compromising public trust; and WHEREAS, The City Council further finds that with the passage of AB 1147, certain provisions of the City's ordinances need revision in order to be consistent with state law while still providing comprehensive regulations for the establishment, use, and operation of businesses offering massage services in the City, so that the public health, safety, and welfare remain protected. THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS FOLLOWS: SECTION 1: Article I of Chapter 1 of Title 4 of the Temple City Municipal Code (related to acupressure) is hereby deleted in its entirety, inclusive of Sections 4-11-0 through 4-11-1-5. SECTION 2: Section 5-2A-O of the Temple City Municipal Code is hereby amended as provided in Exhibit "A" to this ordinance, which is incorporated herein by reference. SECTION 3: A new Article E is hereby added to Chapter 2 of Title 5 of the Temple City Municipal Code, entitled Massage Establishments and Therapists. The new Article E shall read as provided in Exhibit "B" to this ordinance, which is incorporated herein by reference. SECTION 4: Section 9-1F-10 of the Temple City Municipal Code is hereby amended to read as provided in Exhibit "C" to this ordinance, which is incorporated herein by reference. SECTION 5: Subsection H of Section 9-1 L-6 of the Temple City Municipal Code (related to signs at massage establishments) is hereby deleted in its entirety. SECTION 6: Section 9-1 N-30 of the Temple City Municipal Code is hereby amended as provided in Exhibit "D" to this ordinance, which is incorporated herein by reference. SECTION 7: A new Section 9-1T-9 is hereby added to Article T of Chapter 1 of Title 9 of the Temple City Municipal Code, entitled Massage Establishments. The new Section shall read as provided in Exhibit "E" to this ordinance, which is incorporated herein by reference. Ordinance No. 16-1010 Page 3 of 23 SECTION 8: Section D of Chapter Ill of the Downtown Specific Plan, incorporated by reference in Temple City Municipal Code Section 9-1 N-50, is hereby amended as provided in Exhibit F to this ordinance, which is incorporated herein by reference. SECTION 9: The City Council hereby declares that, should any provision, section, subsection, paragraph, sentence, clause, phrase, or word of this Ordinance or any part thereof, be rendered or declared invalid or unconstitutional by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, such decision or action shall not affect the validity of the remaining section or portions of the Ordinance or part thereof. The City Council hereby declares that it would have independently adopted the remaining provisions, sections, subsections, paragraphs, sentences, clauses, phrases, or words of this Ordinance irrespective of the fact that any one or more provisions, sections, subsections, paragraphs, sentences, clauses, phrases, or words may be declared invalid or unconstitutional. SECTION 10: The City Council finds that this Ordinance is not subject to environmental review under the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Section 15305 pertaining to minor alterations to land use limitations and Section 15061 (b)(3) because it can be seen with certainty that the Ordinance has no possibility of a significant effect on the environment. SECTION 11: The City Clerk shall certify to the passage and adoption of this Ordinance and to its approval by the Mayor and shall cause the same to be published according to law. PASSED, APPROVED, AND ADOPTED this 191h day of January, 2016. Tom Chavez, Mayor ATTEST: APPROVED AS TO FORM: Peggy Kuo, City Clerk Eric S. Vail, City Attorney Ordinance No. 16-1010 Page 4 of 23 I, Peggy Kuo, City Clerk of the City of Temple City, hereby certify that the foregoing Ordinance No. 16-1010 was introduced at the regular meeting of the City Council of the City of Temple City held on the 191h day of January, 2016, and was duly passed, approved and adopted by said Council at the regular meeting held on the 2"d day of February, 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Peggy Kuo, City Clerk Ordinance No. 16-1010 Page 5 of 23 EXHIBIT A Section 5-2A-O of the Temple City Municipal Code is hereby amended to add and delete, in an alphabetical manner, the following businesses in the list of businesses for which a business permit is required. Additions are underlined and deletions are shown in strikeout: Acupressure. Acupressurist. Massage parlors. Massage business or establishment as defined in Section 5-2E-1. Ordinance No. 16-1010 Page 6 of 23 EXHIBIT B A new Article E is hereby added to Chapter 2 of Title 5 of the Temple City Municipal Code, to read as follows: TITLE 5. BUSINESS LICENSES AND REGULATIONS CHAPTER 2. BUSINESS PERMITS ARTICLE E. MASSAGE ESTABLISHMENTS AND THERAPISTS 5-2E-O: PURPOSE AND INTENT: The purpose of this Article is to protect the public's health and safety through the establishment of certain licensing standards pertaining to massage establishments within the City of Temple City, and to recognize massage therapy as a legitimate business occupation and health service enhancement. Nothing in this ordinance is intended to permit any use, conduct and/or activity that violates any federal, state, or local law or regulations. 5-2E-1: DEFINITIONS: Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this Section shall govern the construction, meaning, and application of words and phrases used in this Article. APPROVED SCHOOL: An institution that provides massage therapy education and training as such term is defined in Section 4600 of the Massage Therapy Act. BUSINESS PERMIT OFFICER: The Community Development Director of the City of Temple City, or his or her designated representative. CAMTC: The California Massage Therapy Council created by California Business and Professions Code Section 4600 and following sections. CAMTC CERTIFICATE: A current and valid certificate issued by the CAMTC. CITY: The City of Temple City. CITY COUNCIL: The City Council of the City ofT em pie City. CITY MANAGER: The City Manager of the City of Temple City, or his or her designated representative. COUNTY: The County of Los Angeles. CUSTOMER AREA: Any area open to customers of a massage business or establishment. EMPLOYEE: Any person, other than a massage therapist or manager, who performs services at the massage establishment and receives compensation from the operator of the massage Ordinance No. 16-1010 Page 7 of 23 establishment for such services, including an independent contractor, while on the premises of the massage establishment. HEALTH DEPARTMENT: The Los Angeles County Department of Health Services. MANAGER: The person(s) designated by the operator of the massage establishment to act as the representative and agent of the operator in managing day-to-day operations with the same liabilities and responsibilities. Evidence of management includes, but is not limited to, evidence that the individual has power to direct or hire and dismiss employees, control hours of operation, create policy or rules, or purchase supplies. A manager may also be an operator. MASSAGE or MASSAGE THERAPY: Any method of treating the external parts of the body for remedial, hygienic, relaxation or any other similar purpose, whether by means of pressure on, friction against or stroking, kneading, tapping, pounding, vibrating, rubbing or other manner of touching external parts of the body with the hands, or with the aid of any mechanical or electrical apparatus or appliance with or without supplementary aids such as rubbing alcohol, liniment, antiseptic, oil, powder, cream, ointment or other similar preparations commonly used in this practice and shall include herbal body wraps. For the purposes of this Article, "massage" or "massage therapy" includes the techniques of acupressure and reflexology. MASSAGE BUSINESS OR ESTABLISHMENT: Any business or establishment, including a sole proprietor or independent contractor, conducted within the City where any person engages in, conducts, carries on or permits to be engaged in, conducted or carried on, for money or any other consideration, the administration to another person of a massage. MASSAGE THERAPIST: Any person who administers to another person a massage for any form of consideration. MASSAGE THERAPY ACT: Chapter 10.5 of Division 2 of the California Business and Professions Code (beginning at Section 4600). OPERA TOR: A sole proprietor of, a general partner of, or all persons who have an ownership interest in, a massage business or establishment. PERSON: Any individual, corporation, partnership, association or other group or combination of individuals acting as an entity. SHERIFF: The designated representative of the Los Angeles County Sheriff's Department. SHERIFF'S DEPARTMENT: The Los Angeles County Sheriff's Department. SPECIFIED CRIMINAL OFFENSE: One or more of the following: (a) Pleading guilty or nolo contendere to, or being convicted in a court of competent jurisdiction, within five (5) years of the date of filing the application, a misdemeanor or felony crime involving sexual misconduct, including, but not limited to the following: Ordinance No. 16-1010 Page 9 of 23 4. State-licensed hospitals, nursing homes, and other state-licensed physical or mental health facilities and their employees. 5. Persons who provide massage therapy to athletes or athletic teams, facilities or events, so long as such persons do not practice massage therapy as their primary occupation within the City. 6. Approved schools and their employees that provide massage therapy education or training and their students in training, provided that such students perform massage therapy only under the direct personal supervision of an instructor. 5-2E-4: MASSAGE BUSINESS PERMIT: A. Business permit required. The operator of each massage business or establishment must obtain a business permit pursuant to this Article prior to commencing operation or providing any massage therapy and must thereafter maintain a valid business permit. B. Business permit application. The application for a business permit will be made in accordance with the provisions of this Article. Each applicant for a massage business permit must provide the following information where applicable as determined by the City, with the application: 1. The full true name under which the massage establishment will be conducted. 2. The present or proposed address where the massage establishment is to be conducted. 3. The applicant's full, true name, any other names used within the past five (5) years, date of birth, California drivers license number or California identification number, present residence address and residence telephone number, and the sex, height, weight, color of hair, and color of eyes of the applicant. 4. Acceptable written proof that the applicant is at least eighteen (18) years of age. 5. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or charter together with the state and date of incorporation and the names and residence addresses and telephone numbers of each of its current officers and directors, and of each stockholder holding more than five percent of the stock of that corporation. 6. If the applicant is a partnership, the application shall set forth the name, residence address and telephone numbers of each of the partners, including each of the limited partners. If the applicant is a limited partnership, it shall furnish a copy of its certificate of limited partnership. If one (1) or more of the partners is a corporation, the provisions of this section pertaining to corporate applicants shall apply. 7. A complete description of all services to be provided at the massage establishment. Ordinance No. 16-1010 Page 10 of 23 8. The names and addresses of each massage therapist providing massage therapy at or on behalf of the business or establishment, including whether they are a full-time employee or an independent contractor, and proof that each such massage therapist has a valid CAMTC certificate. 9. The name of the person(s) designated by the applicant to act as manager of the massage establishment. The manager shall be required, at all times, to meet all of the applicable requirements of this Article. 10. A photograph of passport quality for each manager and massage therapist employed at the massage business or establishment. 11. A description of any other business to be operated on the same premises, or on adjoining premises, owned or controlled by the applicant. 12. The name and address of the owner and lessor of the real property upon or in which the massage establishment is to be conducted. In the event the applicant is not the legal owner of the property, the application must be accompanied by a copy of the lease and a notarized acknowledgment from the owner of the property that a massage establishment will be located on his/her property. 13. Business, occupation, or employment history of the applicant for the three (3) years immediately preceding the date of the application. 14. The business license and permit history of the applicant, including whether such person, in previously operating in this City, or another city or state under license or permit, has had such license or permit revoked or suspended, and the reason for such action. 15. An affidavit that the applicant has been not convicted of or permitted any specified criminal offense. The applicant and operator of the massage establishment must provide proof of a Live Scan or other similar City-approved background check. 16. A nonrefundable business permit fee, and renewal fee in the case of a business permit renewal, as set by resolution of the City Council shall be paid to the City to defray the actual cost of processing the business permit. 17. A floor plan of the premises to be occupied by the massage establishment, including any adjacent space to be leased, owned or occupied by the operator of the massage establishment, and showing all entrances, exits, windows, interior doors, restrooms, and all other separately enclosed rooms including but not limited to closets, storerooms, break rooms, and changing rooms. 18. An acknowledgement that by applying for a business permit, the applicant understands that they are responsible for all violations of employees or independent contractors that may take place in the massage business or establishment that they own or manage, including whether each employee or independent contractor holds a Ordinance No. 16-1010 Page 11 of 23 CAMTC Certificate, and that such violations are grounds for revocation of the business permit. C. Inspection of premises. Upon receipt and/or after approval of a complete application, a business permit officer will cause the periodic inspection of the proposed premises of any fixed location massage business or establishment for compliance with the requirements of this Article and code. D. Issuance of permit. Upon receipt of a written application for a business permit for an establishment, a business permit officer shall ascertain whether such business permit should be issued as requested. Upon the completion of the review, the City must issue the business permit if it finds: 1. The required fee has been paid; and 2. The application conforms in all respects to the provisions of this Article; and 3. The applicant has not made a material misrepresentation or omission in the application; and 4. The applicant is at least eighteen (18) years of age; and 5. A conditional use permit has been approved to operate the massage establishment at the proposed location; and 6. The massage establishment as proposed by the applicant would comply with all applicable laws, including, but not limited to, health, zoning, fire and safety requirements and standards. E. Denial of permit. If a business permit officer finds that any of the applicable requirements of this Article or this code are not satisfied, including any conviction for or the permitting of a specified criminal offense, recent history of prior business license or permit suspension or revocation, or evidence that the applicant has provided materially false information, the application will be denied. The decision of a business permit officer to deny a business permit application or renewal may be appealed pursuant to the procedures set forth in Section 5-2E-7. F. Permit renewal. A massage business permit shall expire on December 31 of the year in which it is issued and shall be subject to annual renewals thereafter. A business permit must be renewed annually in the same manner as a new permit as provided in this Article, at which time the applicant must provide proof that all applicable requirements of this Article and this code remain satisfied. G. Transfer of permit prohibited. Upon the sale or transfer of any interest in a massage business or establishment, the business permit will become void. The person acquiring the interest in a massage business or establishment must submit a new business permit application and receive approval of such permit in accordance with the provisions of this Article. Ordinance No. 16-1 010 Page 12 of 23 H. Notification of changes in registered massage therapists. Each permittee must submit to the City the names and applicable CAMTC certificate of any new massage therapists not previously included in the list required under Subsection (B)(8) above who are hired or retained to provide massage therapy at or on behalf of the business or establishment, including whether they will be an employee or independent contractor, prior to such person commencing the provision of any massage therapy services. In addition, any discharge or termination of the services of a massage therapist must be reported to the city within five (5) business days of such event. I. Revocation or suspension of permit. The following grounds constitute a basis for the revocation or suspension of a permit: 1. The misrepresentation of a material fact by an applicant in obtaining a permit; or 2. The continuation of the operations of the permittee under such permit will be detrimental to the public health, safety, peace, welfare or morals, or is found to constitute a public nuisance; or 3. The violation of any law related to the operation of the applicable business, including any violations of this code or a specified criminal offense; or 4. The violation of any condition imposed on the permit. J. Revocation/suspension procedures. 1. Complaints against any permittee must be in writing and must set forth one or more of the grounds enumerated above. Complaints must be filed with, or may be initiated by, a business permit officer, who will then conduct an investigation to determine whether the complaint is sufficient to show probable cause for the revocation or suspension of the permit. A written report of any officer, employee or agent of the City disclosing violations of any law by the permittee or the permittee's agents or employees will also be deemed a complaint within the meaning of this section. All complaints must be verified unless made by City officers, employees, or agents in their official capacity. 2. Upon completion of the business permit officer's investigation, the business permit officer will report the results to the City Manager, together with a recommendation as to whether grounds exist to revoke or suspend the permit or whether the complaint should be disregarded. 3. Based upon the report of such business permit officer and such additional investigation as the City Manager may deem appropriate, the City Manager will determine whether the complaint constitutes a sufficient basis to revoke or suspend the permit, and if so, will issue a written order of revocation or suspension to the permittee setting forth the grounds for revocation or suspension of the permit. Such written order must be sent by certified mail to the permittee's last known address or be personally delivered. The order must also provide notice that the permit Ordinance No. 16-1010 Page 13 of 23 revocation or suspension will become final within ten days of the date of mailing or personal delivery of the order unless it is timely appealed in the manner provided in Section 5-2E-7. 5-2E-5: MASSAGE ESTABLISHMENT OPERATING REQUIREMENTS: No person shall engage in, conduct, carry on, or permit to be engaged in, conducted, or carried on, any massage establishment, unless each and all of the following requirements are met. A. Massage operations shall be carried on or conducted, and the premises shall be open, only between the hours of 8:00a.m. and 10:00 p.m. of any day. A massage begun any time before 10:00 p.m. must nevertheless terminate at 10:00 p.m. All customers and visitors shall be excluded from the massage establishment by that time. The hours of operation shall be displayed in a conspicuous public place in the lobby within plain view of the entrance and clearly visible from the outside. B. A person designated as a manager shall be on the massage establishment premises at all times of operation and must be registered with the City by the operator to receive all complaints and be responsible for all violations taking place on the premises. The appointment of a manager must be in writing with the manager in charge of the premises acknowledging this appointment. All managers must be registered with the City prior to being employed in this position, and all managers must possess a valid CAMTC certificate. C. The massage establishment mush post signs specifying a list of services available, the cost of such services, and notice indicating that the massage establishment and the massage rooms do not provide complete privacy and are subject to inspection by the City and health officials without prior notice. Such signs shall be posted in bold minimum one-inch type, in English and such other languages as may be convenient to communicate such services, in an open public place within plain view of the entry of the premises, and shall be described in readily understandable terms. No operator or manager shall permit, and no massage therapist shall offer or perform, any service other than those posted pursuant to this section. D. The massage establishment business permit and a copy of the CAMTC certificate of each and every massage therapist employed in the massage establishment shall be displayed in an open and conspicuous place within plain view of the entry of the massage establishment premises. E. Every massage establishment shall require all customers to sign a register book. The manager shall assure that the massage establishment shall keep an accurate register book showing the name and address of each customer in clear and legible writing, verified by the customer's driver's license or identification card, the name of the massage therapist administering the treatment, and the type of treatment administered. Such register books shall be maintained on a form approved by the City. Such books shall be open to inspection by officials with responsibility for enforcement of this Article during regular business hours upon demand, written or oral, and without use of subpoena or court process; and may not be used for any other purpose, including use of Ordinance No. 16-1010 Page 14 of 23 the file by operators, managers and employees of the establishment. Such register books shall be maintained on the premises of the massage establishment for a period of two years. F. Massage establishments shall at all times be equipped with an adequate supply of clean towels, coverings, and linens. Clean towels, coverings, and linens shall be stored in enclosed cabinets. Separate enclosed cabinets shall be provided for the storage of clean and soiled linens and shall be plainly marked "clean linen" and "soiled linen." Towels and linens shall not be used on more than one patron, unless they have first been laundered and disinfected. Towels and linens shall be laundered or changed promptly after each use. Disposable towels and coverings shall not be used on more than one patron. Soiled linens and paper towels shall be deposited in separate, marked receptacles. G. Adequate bathing, dressing, locker, and toilet facilities shall be provided for patrons. All shower, toilet, and washing facilities shall be thoroughly cleaned and disinfected with a disinfectant approved by the Health Department as needed, and at least once each day the premises are open. H. If wet and dry heat rooms, steam and vapor rooms, cabinets, tanning booths, whirlpool baths and pools are offered, they shall be thoroughly cleaned and disinfected with a disinfectant approved by the Health Department as needed, and at least once each day the premises are open. Bathtubs shall be thoroughly cleaned after each use with a disinfectant approved by the Health Department. All walls, ceilings, floors, and other physical facilities for the establishment must be in good repair and maintained in a clean and sanitary condition. I. Instruments for performing massage shall not be used on more than one patron unless they have been sterilized, using approved sterilization methods. Each operator and/or on-duty manager shall provide and maintain on the premises adequate equipment for disinfecting and sterilizing instruments used in massage. J. All massage therapists shall be subject to the dress code provided in Business and Professions Code Section 4909(a)(10). All managers and employees who are not massage therapists shall wear clean, nontransparent outer garments that continuously cover the area from the bottom of the neck to the top of the kneecap, shall remain clothed while on the massage establishment premises, and shall not expose their genitals, pubic area, buttocks, or breasts. K. No person shall enter, be or remain in any part of a massage establishment while in possession of, consuming, or using any alcoholic beverage or drugs except pursuant to a prescription for such drugs dispensed by a pharmacy licensed through the State of California, Board of Pharmacy. The operator and manager shall not permit the storage of alcoholic beverages or condoms upon such premises. L. All exterior doors (except a rear entrance for employees only) shall remain unlocked during business hours, unless there is no massage establishment staff available to assure the security of clients and massage therapists who are behind closed doors. Ordinance No. 16-1010 Page 15 of 23 M. Except as provided in Subsection K, doors to dressing rooms, massage rooms, and treatment rooms may not be locked. N. No massage establishment or accessory use locations employing massage therapists shall be equipped with tinted or "one-way" glass in any room or office. 0. Every operator or manager shall report to the city any change of employees, whether by new or renewed employment, discharge or termination, on the form and in the manner required by the City. The report shall contain the name of the employee and the date of hire or termination. The report shall be made within five (5) days of the date of hire or termination. P. The operator and/or on-duty manager shall consent to the unannounced inspection of the massage establishment by the City and the County Fire, Sheriff's, and Health Departments for the purpose of determining that the provisions of this Article or other applicable laws or regulations are met. 1. The City and the county Fire, Sheriff's, and Health Departments may, from time to time, make an unannounced inspection of each massage establishment for the purpose of determining that the provisions of this Article, state law or other applicable laws or regulations are met. Criminal investigations may be conducted as directed by the Sheriff's Department. The Sheriff's Department and/or City may inspect the occupied massage rooms for the purpose of determining that the provisions of this Article are met. During an inspection, the Sheriff's Department and/or the City may verify the identity of all on-duty managers, therapists, and employees. 2. An operator, manager, massage therapist, or employee is prohibited from refusing to permit an inspection of the massage establishment premises by a representative of the City or a Los Angeles County regulatory official at anytime it is occupied or open for business, as required by this Section. Q. No person or persons shall live inside the massage establishment at any time. No massage therapist or other person shall be allowed to occupy the massage establishment after one hour of closing or before one hour of opening. Bona fide cleaning contractors are exempt from this provision. R. No electrical, mechanical or artificial device shall be used by the operator, manager, therapist, or any employee of the massage establishment for audio and/or video recording within dressing rooms, massage rooms, or treatment rooms, or the conversation or other sounds within dressing rooms, massage rooms, or treatment rooms. S. The operator or on-duty manager of the massage establishment shall keep a complete and current list of the names, residence addresses, and telephone numbers of all massage therapists and employees of the massage establishment and the name, residence address and telephone number of the manager purported to be principally in Ordinance No. 16-1010 Page 16 of 23 charge of the operation of the massage establishment. This roster shall be written in English, kept on the premises and be available for inspection by any official charged with enforcement of this Article. T. Each massage establishment shall provide to all customers clean, sanitary and opaque coverings capable of covering the patrons' specified anatomical areas including the genital and pubic areas, anus, and female breast consistent with State of California Government Code Section 51034. No common use of such coverings shall be permitted and re-use is prohibited unless adequately cleaned. U. No massage establishment shall place, publish, distribute, or cause to be placed, published, or distributed any advertising matter that depicts any portion of the human body that would reasonably suggest to prospective customers that any service is available other than those services described in this Article. No massage establishment shall employ language in the text of such advertising that would reasonably suggest to prospective customers that any service is available other than those services authorized by this Article. V. No person shall engage in, conduct, or carry on the business of a massage establishment unless there is on file with the City, in full force and effect at all times, documents issued by an insurance company authorized to do business in the State of California evidencing that the licensee is insured under a liability insurance policy providing minimum coverage of one hundred thousand ($1 00,000.00) dollars for injury or death to one person arising out of the operation of any massage establishment and the administration of a massage. W. All massage establishments must comply with all state and federal laws and regulations for persons with a disability, including all applicable anti-discrimination laws. X. No person(s) other than valid CAMTC certificate holders, employees, customers, vendors, and service providers will be allowed beyond the front lobby, located directly inside the front door entrance during hours of operation. Y. Minimum lighting shall be provided in accordance with Article 220 of the National Electrical Code, and, in addition, at least one artificial light of not less than forty (40) watts shall be illuminated in each room or enclosure where massage services are performed on customers. Z. Massages shall be administered only on standard massage tables, and not on pads or beds. Pads used on massage tables shall be covered with a durable washable plastic or other waterproof material acceptable to the Health Department. AA. No massage business located in a building or structure with exterior windows fronting a public street, highway, walkway, or parking area shall block visibility into the interior reception and waiting areas through the use of curtains, closed blinds, tints, or any other material that obstructs or darkens the view into the premises or by signs that cover more than fifteen percent (15%) of any window pane. The interior of the business shall be plainly visible from the exterior of the business by passing vehicles and pedestrians. Ordinance No. 16-1010 Page 18 of 23 2. The City Clerk will then fix a time and place for the hearing of such appeal before the City Manager, and must give notice to the appellant of the time and place of the hearing by certified mail or personal delivery to the appellant at the address provided in the appeal. 3. At the hearing, the City Manager will have authority to determine all questions raised on such appeal, provided that no such determination may conflict with any substantive provision of this code or other applicable law. The decision of the City Manager will be final, and will be effective upon the date that written notice of the decision is sent by certified mail or personally delivered to the appellant. B. Permit revocation or suspension. 1. A permittee may appeal the City Manager's revocation or suspension order by filing a written notice of appeal with the City Clerk setting forth the grounds for disagreement with the decision within ten (1 0) days of the date of the revocation or suspension order. The appeal must be accompanied by the applicable appeal fee established by City Council resolution. 2. If an appeal of a revocation or suspension order is timely filed, the matter will be scheduled for a hearing within a reasonable time before a City-appointed administrative Hearing Officer. The filing of such appeal will stay the revocation or suspension order until a final decision is made by the Hearing Officer. The permittee, and any other persons requesting notice must be given at least ten (10) days' written notice of the time and place of such hearing. 3. At the hearing, the Hearing Officer will determine whether a sufficient basis exists for the revocation or suspension of the permit based upon the complaint, applicable staff reports, the revocation or suspension order, and such other evidence as may be presented that is relevant to the proceedings. The permittee will be given a reasonable opportunity to be heard in conjunction with the revocation or suspension proceedings. The burden of proof will be upon the City to show that the facts and evidence is sufficient to constitute a basis for revocation or suspension of the permit. The proceedings before the Hearing Officer will be an informal administrative hearing and the rules of evidence, as generally applied in judicial proceedings, will not be applicable. However, City officials or representatives and the permittee will have the right of subpoena. 4. The Hearing Officer must issue a written decision on the appeal within ten (10) days of the conclusion of the hearing unless the City and the permittee agree to a different deadline. Notice of such decision must be provided to the permittee by certified mail or personal delivery. 5. The decision of the Hearing Officer will be effective upon the date of mailing or personal delivery of the decision, and will be final. Ordinance No. 16-1010 Page 19 of 23 EXHIBIT C Section 9-1 F-1 0 of the Temple City Municipal Code is hereby amended to add and delete, in an alphabetical manner, the following uses in the list of uses allowed with a conditional use permit. Additions are underlined and deletions are shown in strikeout. "Acupressure establishFRent" as defined in section 4 11 Q 1 of this code, subject to locational restrio\ions set forth in seo\ion Q 1T 3 of this chapter. Massage business or establishment. subject to Section 9-1T-9. Medical offices, clinics, and siFRilar uses. Ordinance No. 16-1010 Page 20 of 23 EXHIBIT D Subsection A of Section 9-1 N-30 of the Temple City Municipal Code is hereby amended to add and delete, in an alphabetical manner, the following uses in the list of permitted uses in the C-2 zone. Additions are underlined and deletions are shown in strikeout: Barber ami bea~JtioiaR Barber shops, beauty parlors, beauty salons, hair salons Day spas (facials, waxing, skin treatments, and similar services not including massage) Massage businesses or establishments (CUP required and subject to Section 9-1T-9) Medical oliRios Medical and dental offices, clinics, and similar uses Nail salons Subsection B of Section 9-1 N-30 of the Temple City Municipal Code is hereby amended in its entirety to read as follows. B. Accessory uses: The following uses shall be permitted as an incidental use: 1. Accessory buildings and structures. 2. Massage therapy as defined in Section 5-2E-1, subject to the following requirements: a. The massage therapy shall be incidental to one or more of the following permitted or conditionally permitted uses: barber shops, beauty parlors, beauty salons, hair salons; day spas; gymnasiums and health clubs; medical offices, clinics, and similar uses; nail salons; reducing salons, baths, and physiotherapy facilities. b. The gross floor area dedicated to massage therapy shall not exceed twenty-five percent (25%) of the gross floor area of the establishment. Areas where massage is provided as an incidental service such as in conjunction with a manicure or hair styling shall not be counted toward this requirement. c. Those areas of the establishment dedicated to massage therapy, the establishment operator, the manager, and all massage therapists shall comply with all requirements of Title 5, Chapter 2, Article E. Ordinance No. 16-1010 Page 21 of 23 2. Permanent makeup services, subject to the following requirements: a. The permanent makeup service shall be incidental to one or more of the following permitted uses: barbershops, beauty parlors, beauty salons, hair salons; day spas; nail salons. b. Permanent makeup shall be limited to the application of eyeliner, eyebrows, eye shadow, lip liner, and lip color. c. The application of permanent makeup shall not be performed on persons under the age of eighteen (18) without the consent of said minor's parent or guardian. Ordinance No. 16-1010 Page 22 of 23 EXHIBIT E A new Section 9-1T -9 is hereby added to Article T of Chapter 1 of Title 9 of the Temple City Municipal Code, to read as follows: 9-1T-9: MASSAGE ESTABLISHMENTS: A. Applicability: This Sect"1on applies to massage establishments as defined in Section 5- 2E-1. This Section does not apply to massage therapy provided as an incidental use pursuant to Section 9-1 N-30(B). B. Location: Massage establishments are permitted in the following zones, subject to approval of a conditional use permit: C-2, C-3, Downtown Specific Plan Las Tunas East Commercial, and Downtown Specific Plan Las Tunas West Commercial. While massage establishments are conditionally permitted in the C-2 zone pursuant to Sections 9-1F-10 and 9-1F-30, pyramid zoning principles are not applicable to massage establishments. As such, massage establishments are prohibited in the M-1 and M-2 zones. C. Separation: No massage establishment may be located within 500 feet of another massage establishment, as measured from the property lines of the properties on which the massage establishments are located. D. Buffering from R-1 zone: No massage establishment may be located within 100 feet of a property that is zoned R-1, as measured from the property line of the property on which the massage business is located to the property line of the nearest R-1 property. This requirement does not apply to massage establishments located in the Downtown Specific Plan Las Tunas East Commercial zone.