HomeMy Public PortalAbout09) 7E Adoption of Resolution 16-1010 Massage EstablishmentsCity Council
February 2, 2016
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Aside from the revisions noted above as approved by the City Council, Ordinance No.
16-1010 contains requirements that are identical to those in Urgency Ordinance No. 16-
1 009U adopted by the City Council on January 19, 2016. The purpose of the urgency
ordinance is to ensure that the new requirements will be in effect prior to the expiration
of the moratorium that the City Council previously enacted regarding massage
establishments. Ordinance No. 16-1010 will replace and supersede Urgency
Ordinance No. 16-1009U once effective, including the revisions approved by the City
Council.
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.
ATTACHMENTS:
A. Ordinance No. 16-1010 (revised per Council direction)
B. City Council staff report from January 19, 2016
ATTACHMENT A
ORDINANCE N0.16-1010
AN 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 becarne 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 rnany 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 Assernbly 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
Ordinance No. 16-1010
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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 2"d day of February, 2016.
Tom Chavez, Mayor
ATTEST: APPROVED AS TO FORM:
Peggy Kuo, City Clerk Eric S. Vail, City Attorney
Ordinance No. 16-1010
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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 2nd day of February, 2016, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Peggy Kuo, City Clerk
Ordinance No. 16-1010
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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
Ordinance No. 16-1010
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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).
OPERATOR: 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:
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(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:
A No massage business or establishment may operate without first obtaining a conditional
use permit in accordance with Article F of 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.
B. Exceptions. Subsection A shall not apply to the following:
1. Medical offices, state-licensed hospitals, nursing homes, and state-licensed
physical or mental health facilities where massage therapy is provided
exclusively by physicians, surgeons, chiropractors, osteopaths, naturopaths,
podiatrists, acupuncturists, physical therapists, registered nurses or vocational
nurses duly licensed to practice their respective profession in the state.
2. Barber shops, beauty parlors, beauty salons, hair salons, day spas, and nail
salons where massage therapy is provided exclusively by barbers,
cosmetologists, estheticians, or 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.
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.
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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.
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.
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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.
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.
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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
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
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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.
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
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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
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 must 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.
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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
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.
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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
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.
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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.
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.
Ordinance No. 16-1010
Page 18 of 24
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 made 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.
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
Ordinance No. 16-1010
Page 19 of 24
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 20 of 24
EXHIBITC
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 establishment" as defined in section 4 11 0 1 of this code, suBject to locational
restrictions set forth in section 9 1 T <I of this chapter.
Massage business or establishment. subject to Section 9-1T-9.
Medical offices, clinics, and similar uses.
Ordinance No. 16-1010
Page 21 of 24
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:
Barl3er and 13eautieian
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)
Medieal elinies
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 complying with all provisions
of Title 5, Chapter 2, Article E and the following requirements:
a. The massage therapy is incidental to a medical office, state-licensed hospital,
nursing home, or state-licensed physical or mental health facility where the massage
therapy is provided exclusively by physicians, surgeons, chiropractors, osteopaths,
naturopaths, podiatrists, acupuncturists, physical therapists, registered nurses or
vocational nurses duly licensed to practice their respective profession in the state.
or
b. The massage therapy is incidental to a barber shop, beauty parlor, beauty salon,
hair salon, day spa, or nail salon where the massage therapy is provided exclusively
by barbers, cosmetologists, estheticians, or 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.
Ordinance No. 16-1010
Page 22 of 24
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 23 of 24
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 24 of 24
EXHIBIT F
Section D of Chapter Ill of the Downtown Specific Plan is hereby amended to add and
delete, in an alphabetical manner, the following uses in the Land Use Matrix. Additions are
underlined and deletions are shown in strikeout:
-----------------~~~ ----
GC we CC TC EC ~--R-etai 1 c-om-me-rc_i_aiUse_S __
!i--·------------~----,,-
! Barber Shops, Beauty Parlors, Beauty Salons, Hair Salons E E
i ---------"----- ----------------·-+l __ c---+--=-
1 Beauty Salons (eleGlfolysis, facial, wmdn§, etc.) G i G I ,
I Day sp8.SifaCiaiS:waxinci skintreatmerlis:and similarservi'cesnot E -+ E
including massage)
E E
G l-G
.E'. rE
---e-=---+--=---.. -
.E'.
G
! ii---p-jp-G
I
1----
l=lair Salons (includin§ Barber Shops)
---------------
!2
I ----+---+---+----!---+~--j
i Massa§e (allowed in conjunction-with a permitted Beauty Salon,
J ~Fior, Beauty Shop, Day Spa or Medical Use, and subject
I to the restrictions set forth in Section Q<JSO.B.2 of the Gity's Zonin§
jGOOet
f MassaQeBuSln-esses orEstablishments, s-ubject to Section --·-----+--=g_--+----1----l--cg_c----1
i :~;~-:g-) e-T-herilj:l'{-as an incidental use pursua_n_tcct-o---=sc-e-ctc-io_n ______ .. -E=------fl-cEc---+-.E'=---.E'. -Tl
l~--1-N--3-0-(~-- -___ l-=·--1--cc---I I
I Nail Salons -------------------------------------E .E'. TP.
INaiishap .. _____________ --------------------f---~--cp=---+-::G--iii-+----1
I .. ___ I
I PefflrmM,a nFHe*nit :f.:M.\ia~I<Bei./lu p~(aiiiiiB'oMWiee;€jd~in;Gco~n'l;jwu nA1c;l:tiiGoJ1:n ~·t.lii•it:lih=fa~p~e3frrrmfiiittEte~d~B~e*all:ufi\ty/• ~-~------+--f----
i Salon, Nail Shop, or Day Spa, and subject to the restrictions set
I' forth in Section 9<JSO. B.1 ofthe City's Zonin§ Code)
-
9
P_e
1
·r-manent Makeup as an inC:iciental use pursuant to Section
= N-30(B)
! Tanniri9~TDay-Sj}aS -_________ ----___ (;_ --;; _____ GP;--IG_GP -._.~-
1 Tanning Salons --------------E f:E-~
~~ffice~nd Admini~~:~:~-_ ·~·-----=-=======-==-------=---=---_j __ ~L~ ____ l-----~----1.
hv1edicai/Denlal Offices and Related l=leallh Services & Sales G G . G G
~-------------------·--------------------+------------~-------j __ ----____ j ~~~~~~~a:d_Dental Offices and Similar~s~~-------------_ -----__ E _ _L_.E_~~ __ P ___ ~-J
City 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
• 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");
• A massage establishment could not be located within 500 feet of another massage
establishment to prevent a proliferation of establishments in the same area;
• 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;
• 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
• 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
• 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
• 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
• 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
• Acupressure establishments would be regulated in the same manner as massage
establishments and would no longer have separate requirements.
Findings
TCMC Section 9-1 G-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