HomeMy WebLinkAbout1973-04-18; City Council; 3096; CMC 5.16 amends - Massage establishments & technicians1
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ORDINANCE NO. 3096,
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CHAPTER 5.16 OF THE MUNICIPAL CODE BY THE DELETION OF SECTIONS 5.16.010 AND 5.16.020'AND BY THE ADDITION OF PROVISIONS FOR THE REGULATION OF MASSAGE ESTABLISHMENTS AND MASSAGE TECHNICIANS.
The City Council of the City of Carlsbad, California, does
ordain as follows:
SECTION 1. Sections 5.16.010 and 5.16.020 are hereby
repealed.
SECTION 2, Chapter 5.16 to be entitled "Massage Establish-
ments and Massage Technicians", is hereby added to the Municipal
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Code of the City of Carlsbad to read as follows:
C h.apte,r,. 5 .- . 16
MASSBGE ESTABL.ISHMEN'TS AND, MASSAGE TECHNICIANS
S e,c t i qns.:
5.16.010 Purpose and Intent 5.16.020 Definitions 5.16.030 Massage Establishment License Required 5.16.040 Renewal of Establishment License 5.16.050 Massage Establishment; License Application 5.16.060 License Application Fee 5.16.070 ti cense Investigation 5.16.080 Issuance or Denial of License 5.16.090 Temporary License 5.16.100 Massage Establishment Facilities 5.16.110 Display of Licenses and Permits 5.16.120 Name of Business 5.16.130 Change of Location 5.16.140 Sale or Transfer 5.16.150 Inspection 5.16.160 Massagist Licensees to be Employed 5.16.170 Massages at Massage Establishment Only 5.16.180 Records of Treatments 5.16.190 Massage Technician License Required 5.16.200 Renewal of License Fee 5.16.210 Massage Technician License Procedures 5.16.215 Technician License Investigation Fee 5.16.220 Issuance or Denial of License 5.16.230 Temporary Massage Technician License 5.16.240 Transfer of Massage Technician License 5.16.250 Massage License Posted 5.16.260 Suspension or Revocation of License 5.16.270 Hearing 5.16.280 Appeal 5.16.290 Injunctive Re1 ief 5.16.300 Exemptions 5.16.31 0 Vi ol ati ons 5.16.320 Massage Establishment License Fee 5.16.330 Massage Technician License Fee
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5 16.340 Massage Technician Trainee Permit 5.16.350 Massage School Permit
Section 5.16.010 Purpose and Intent. It is the purpose and
intent of this Chapter to provide for the orderly regulation of
the massage business in the City of Carlsbad by the adoption of
a licensing procedure for massage establishments and Massage
Technicians. It is determined to be necessary to further
preserve and protect the health, safety and welfare of the
inhabitants of this City through the enactment of standards
of sanitation, professional competence, fire safety and building
construction in regard to massage establishments and massage
technicians.
Section 5.16.020 Definitions, For the purpose of this
Chapter, the following words and phrases shall have the meanings
ascribed to them in this section.
a. "Massage" shall mean the administration by any person
of any method or procedure of exerting or applying pressureg
friction, moisture, heat or cold to the external parts of the
human body, or the rubbing, stroking, kneading, pounding or
tapping of the human body by,any physical or mechanical means.
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b. "Massage Establishment" shall mean any establishment
or operation wherein a massage is administered or permitted to
County of San Diego or his authorized representative.
e. "Recognized School" shall mean any school or
be administered either separately or in conjunction with the
business of giving any Turkish, Russian, Swedish, vapor, sweat,
electric, salt, shower, sponge or any other kind or character
of baths.
C. "Massage Technician" shall mean any person who
administers a massage to another person for any form of
consideration.
d. "Health Officer" shall mean the Health Officer of the
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institution of learning, which has been approved pursuant to
Section 29007.5 of the Education Code of the State of California
and has for its purpose the teaching of a course consisting of
200 hours or more to be given in not less than three calendar
months of the theory, ethics and practice, methods, profession
or work of massage technicians, and which school or institution
of learning requires a resident Massage Technician be furnished
with a diploma or- certificate of graduation from such school or
institution of learning showing successful completion of such
course of study already approved by the California State
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26// Section 5.16.040 Renewal of Establishment License. If, on
Schools offering correspondence courses not requiring
actual attendance at class or courses of massage technician not
approved by the California State Department of Education shall
not be deemed "recognized schools".
Section 5.16.030 Massage Establishment License Required.
No person shall engage in, conduct, carry on or permit to be
engaged in, conducted or carried on, in or upon or within any
premises within the City of Carlsbad a massage establishment
unless an annual license for the operation of a massage
establishment has been issued by the Chief of Police of said
City and unless said license remains in effect in conformity
with the provisions of this Chapter. Any license issued pursuant
to this section shall be valid for one (1) year from the date
of issuance, unless suspended or revoked.
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or before the forty-fifth (45th) day prior to the expiration date
of a currently valid massage establishment license, the licensee
applies for the renewal of said license, the Chief of Police
shall grant such renewal provided he finds that all facts set
forth on the original application are substantially the same
and provided that such application is accompanied by a fee in
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the amount of Fifty ($50.00) Dollars, no part of which shall
be refundable.
If all facts set forth on the original application are
not substantially the same, the applicant for renewal shall
comply with all the requirements set forth in this Chapter
for an initial application for a license,
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Each application for a massage establishment license shall be
submitted to the Chief of Police and shall contain the following
information:
a. A definition of service to be provided.
b. The location and mailing address of the proposed
es tab 1 i s hment .
c. The name and residence address and phone number of
each applicant.
d. If applicant is a corporation, the names and residence
addresses and phone numbers of each of the officers and directors
of said corporation and of each stockholder owning more than
ten (10%) per cent of the stock of the corporation.
e. If applicant is a partnership, the names and residence
addresses and phone numbers of each of the partners including
1 imi ted partners.
f. The previous addresses, if any, for a period of five
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i. Provision of identification such as drivers license,
social security card, etc.
j. Three (3) portrait photographs at least 2 inches by
(5) years immediately prior to the date of the application and
the dates of residence at each.
g. ldritten proof that the applicant is over the age of
ei gh teen (1 8) years.
h. Individual or partnership applicant's height, weight,
color of eyes and hair, and sex.
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! inches taken within the last six (6) months and a complete set
If the applicant's fingerprints which shall be taken by the
:hief-of Police or his agent.
k. Business, occupation, or employment history of the
ipplicant for the five (5) years immediately preceding the
late of the application.
1. Written statements of at least five (5) bona fide
idult persons who may be easily and conveniently contacted,
:hat the applicant is of good moral character.
m. The history of the applicant in the operation of a
nassage establishment or similar business or occupation, including,
)ut not limited to, whether or not such person, in previously
2perating in this or another city or state under license, has
?ad such license revoked or suspended and the reason therefor,
lnd the business activity or occupation subsequent to such
sction of suspension or revocation.
n. All criminal convictions other than minor traffic
violations, with a full explanation of the circumstances thereof.
0. The name and address of each Massage Technician who
is or will be employed in said establishment.
p. Such other identification and information necessary
to discover the truth of the matters hereinbefore specified
as required to be set forth in the application.
Section 5.16.060 License Application Fee. A nonrefundable
fee of One Hundred ($100.00) Dollars shall accompany each
application to defray, in part, the costs of investigation and
report. The fee required by this section shall not be required
for an application to renew a license granted pursuant to this
article. Said fee shall not be in lieu of, and shall be in
addition to, the business license fee to be paid pursuant to the
terms of this chapter.
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I Section 5.16.070 License Investigation. Upon receipt of a
complete application and fee, the Chief of Police shall have a
reasonable time not to exceed thirty (30) days in which to
verify the application information and to investigate the
background of the applicant.
The Chief of Police shall notify the Planning, Building,
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Fire and Health Departments regarding the pending application.
The notified departments, within the thirty (30) days from the
application date, shall inspect the premises proposed to be
devoted to the massage establishments and shall make separate
recommendations to the Chief of Police concerning compliance
with the provisions of this Chapter and with the other
applicable provisions of state law and the municipal code.
Section 5.16.080 Issuance or Denial of License. Based
upon the results of his own investigation and upon the reports
received from the other city departments, the Chief of Police
shall issue a massage establishment license if he finds:
a. That the operation, as proposed by the applicant,
if licensed, would comply with all applicable laws, including,
but not limited to, the city's building, zoning, fire and
health regulations.
b. That the applicant has not been convicted in a court
of competent jurisdiction of:
1. An offense involving the use of force or
violence upon the person of another; or
2. A crime requiring registration under Section 290
of the California Penal Code, or of any violation of
Sections 311 through 31107, 314, 315, 316, 318 or 647(a),
(b) or (d) of the Penal Code.
3. A crime requiring registration under Section 11850
California Health and Safety Code, or violations of
Sections 11531, 11557, 11910 or 11912 of said Health and 1
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Safety Code.
4. Any of the above substantive offenses as defined
in the laws of any jurisdiction other than the State of
Cal if orni a.
c. That the applicant has not knowingly and with intent to
leceive made any false, misleading, or fraudulent statement of
'act in the permit application or any other document required
,y the City in conjunction therewith.
d. The applicant has met all the requirements of this
ihapter.
If one or more of the above described findings cannot be
lade, said license shall be denied. In the event of denial,
iotifications and reasons for denial shall be set forth in
witing by the Chief of Police and shall be sent to the
3pplicant by means of registered or certified mail or hand
lelivery. The denied applicant shall, at his election, have
the right to receive a hearing before the City Manager pursuant
to the provisions of this Chapter.
requested within ten (10) days of the notice of denial by the
Chief of Police, the denial shall be final.
If such a hearing is not
Section 5.16.090 Temporary License. Any person who has
applied for an establishment license and who was the owner or
operator of a massage establishment in the City of Carlsbad
upon the effective date of this Chapter shall upon application
receive a temporary license pending review and processing of
his application for a regular license.
shall remain in effect until final action of approval or denial
is completed pursuant to this Chapter.At such time said license
shall expire and be of no further force and effect.
Such temporary license
Section 5.16.100 Massage Establishment Facilities. No
license to conduct a massage establishment shall be granted unless
an inspection by the City reveals that the proposed establishment
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provided in each room or enclosure where massage services are
performed on patrons.
c. Minimum ventilation shall be provided in accordance
with the Building Code of the City of Carlsbad.
d. Recognizable and legible signs shall be posted at
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l311 all exits identifying each such exit in accordance with the
metal or ceramic coated metal utility sink approved by the
San Diego County Health Department.
f. Equipment approved by the Health Department for
disinfecting and sterilizing instruments used in performing
acts of massage shall be provided.
g. Closed cabinets shall be provided and utilized
for the storage of clean linen.
h. Adequate bathing, dressing, locker, and toilet
facilities shall be provided for patrons. A minimum of one
tub or shower, one dressing room containing a separate locker
for each patron to be served, which locker shall be capable of
being locked, and a minimum of one toilet and one wash basin shall
be provided by every massage establishment; provided, however,
that if male and female patrons are to be served simultaneously
at said establishment, a separate massage room or rooms,
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15 I/ e. Hot and cold running water shall be provided to a
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3z~~shall be provided for male and female patrons. Further, in those
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20110f any such establishment, which basin shall provide soap or
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if male and female patrons are to be served simultaneously,
separate steam rooms or sauna rooms shall be provided for
male and female patrons.
i. All walls, ceiling, floors, pools, showers, bathtubs,
steam rooms, and all other physical facilities for the
establishment must be in good repair and maintained in a clean
and sanitary condition. Wet and dry heat rooms, steam or vapor
rooms, or steam or vapor cabinets, shower compartments, and toilet
rooms shall be thoroughly cleaned and disinfected with a
disinfectant approved by the Health Department each day the
business is in operation. Bathtubs shall be thoroughly cleaned
and disinfected with a disinfectant approved by the Health
Department after each use.
j. Clean and sanitary towels and linens shall be
provided for each patron of the establishment. No common use of
towels or linens shall be permitted.
k. A minimum of one separate wash basin shall be
provided in each massage establishment for the use of employees
2gllrequired to comply therewith.
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detergent and hot and cold running water at all times and shall
be located within or as close as practicable to the area devoted
to the performing of massage services. In addition, there shall
be provided at each wash basin, sanitary towels placed in
permanently installed dispensers.
This section shall be construed to require minimum
standards only. All applicable provisions of the Municipal Code
shall have full force and effect and the applicant shall be
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9.
Section 5.16.110 Display of Licenses and Permits. Every
person issued a license or permit under the terms of this
32 Chapter shall display said license or permit in a conspicuous
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place so that the same may be readily seen by persons
entering the premises where the massage, bath, or treatment
is given.
Section 5.16.120 Name of jusiness. No person licensed to
do business as herein provided shall operate under any name
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or conduct his business under any designation not specified
in his license.
Section 5,.16.130. Change of Location. A change of
location of a licensed massage establishment may be approved
by the Chief of Police provided all applicable provisions
of the Code are complied with and a change of location fee
of Fifty ($50.00) Dollars to defray, in part, the costs of
investigation and inspection has been paid to City.
Section 5.16.140, Sale o,r Transfer. Upon the sale or
transfer of any interest in a massage establishment, the
license for that establishment shall be null and void. A
new application shall be made by any person desiring to own
or operate the massage establishment. An application fee
of Fifty ($50.00) Dollars shall be payable for each such
application. If such the location of the licensed premises
is to be changed, the applicant shall also pay the change of
location fee required by Section 5.16.120.
Section 5.16.,150 1nspectio.n. Representatives of the
City Departments of Building Inspection, Housing, Fire, Police
and Health shall have the right to enter the premises from
time to time during regular business hours for the purpose
of making reasonable inspections to enforce compliance with
building, fire, electrical, mechanical, plumbing or health
regulations. This shall not restrict or limit the right of
entry vested in any law enforcement agency. Said City
Departments shall cause such inspections to be made at least
twice a year.
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Section 5..16.160 Massa.g_ist Licensees to be Employed.
No massage establishment licensee shall employ, or otherwise
Se,ction 5.16.170 Massages at Massage Establishment Only.
No person shall administer a massage or permit a massage to
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be adMinistered, at or upon any location or premises other than
811 a validly licensed massage establishment.
Section 5.16.. 180. , Reco,rds ,of, Treatmen,ts. Every person
operating a massage establishment under a license issued
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pursuant to this Chapter shall keep a record of the date and
hour of each treatment, the name and address of the patron,
and the name of the Massage Technician administering such
treatment. Said record shall be open to inspection by
officials charged with the enforcement of these provisions
for the purposes of law enforcement and for no other purpose.
The information furnished or secured as a result of any such
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inspection shall be confidential. Any unauthorized disclosure
or use of such information by any officer or employee of the
with the provisions of this Chapter. Any license issued
pursuant to this section shall be valid for one (1) year
from the date of issuance, unless suspended or revoked.
City of Carlsbad shall constitute a misdemeanor and such officer
or employee shall be subject to the penalty provisions of
this Code, in addition to any other penalties provided by
law. Said records shall be maintained for a period of two
(2) years.
Section 5.16.190 Massage Technician License Required.
No person shall perform as a Massage Technician within the
City of Carlsbad unless such person has first been issued
a Massage Technician license by the Chief of Police of the 1 City and unless such license remains in effect in conformity
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Secti,.on 5..16.200 Renewal of License Fee. If, on or before
the forty-fifth (45th) day prior to the expiration date of a
currently valid Massage Technician license, the licensee
applies for the renewal of said license, the Chief of Police
shall grant such renewal provided that all facts set forth
on the original application are substantially the same, and
provided the applicant has furnished a certified statement
from a medical doctor stating that the applicant, within
thirty (30) days immediately prior to filing his application,
has been examined and found to be free from any contagious or
communicable disease which is likely to be communicated during
the administration of a massage and provided that such applica-
tion is accompanied by a fee in the sum of Twenty-Five ($25.00)
Dollars, no part of which shall be refundable. If all facts
set forth on the original application are not substantially
the sameS the applicant for renewal shall comply with all the
requirements set forth in this Chapter for an initial
application for a license.
Se,ction 5 .,16..210 Massage Technician License Procedures.
Each application for a Massage Technician license shall be
submitted to the Chief of Police and shall contain the
fo11 owing i nformati on :
a. The applicant's full name, residential address,
and telephone number.
b. The name and address and telephone number of the
massage establishment where the applicant is to be employed
and the name of the owner of same.
c. The names and addresses of any and all previous
establishments where applicant ha5 been employed as a Massage
Techni ci an.
d. The criminal record, if any, other than minor
traffic violations, of the applicant.
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e. Whether any license to perform as a Massage
Technician previously was denied the applicant or revoked
and, if sos the circumstances of such denial or revocation.
f. Three portrait photographs at least 2 inches by
2 inches and a complete set of the applicant's fingerprints
which shall be taken by the Chief of Police or his agent.
g, Written proof that applicant is over the age of
eighteen (18) years.
h, A certificate from a medical doctor stating that the
applicant, within thirty (30) days immediately prior to filing
his application herein, has been examined and found to be free
from any contagious or communicable disease which is likely to
be communicated during the administration of a massage.
i. Applicant must furnish a diploma or certificate of
graduation from a recognized school or other institution of
learn ng wherein the method, profession and work of Massage
Techn cian is taught. The City of Carlsbad shall have the
right to confirm the fact that the applicant has actually
attended classes in a recognized school for the aforementioned
minimum time periods. In lieu of the foregoing educational
requirements, an applicant may submit written verifiable proof
that he or she has actually been engaged in practice as a
Massage Technician for not less than one (1) year prior to
the effective date of this article in the County of San Diego
and shall successfully pass an examination in massage
techniques to be administered by the City with the assistance
of persons technically qualified to evaluate competency in
massage techniques.
S,ect,ion 5,.16.2,15. . Te-chni.C,ian Li-cense Investigation Fee.
A nonrefundable fee of Fifty ($50.00) Dollars shall accompany the
submission of each application for a Technician's License to
defray in part the costs of investigation. The fee required
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1111 if it is found that:
renew a license granted pursuant to this Chapter. Said
fee shall not be in lieu of, and shall be in addition to, the
license fee to be paid pursuant to the terms of this Chapter.
Section., 5.16.220 , Issuan,ce, pr Denial of License. Upon
receipt of a complete application and fee, the Chief of Police
shall have a reasonable time not to exceed thirty (30) days
in which to verify the information on the application and to
investigate the background of the applicant.
of that process, the Chief of Police shall issue the license
Upon completion
a. The applicant has not been convicted in a court of 12
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competent jurisdiction, of:
1. An offense involving the use of force or
violence upon the person of another.
2. Any crime requiring registration under
Section 290 of the California Penal Code, or of any
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violations of Sections 311 through 311.7, 314, 315,
316, 318 or 647(a), (b) or (d) of the Penal Code.
3. A crime requiring registration under
Section 11850, California Health and Safety Code,
22 /I or violations of Sections 11531, 11557, 11910, 11912
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in the laws of any jurisdiction other than the State of
California.
b. The applicant has not knowingly and with intent
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to deceive made any false, misleading, or fraudulent statement
of fact in the license application or in any other document
required by the City in conjunction therewith.
If one or more of the above described findings
cannot be made, said license shall be denied. In the event of
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denial, notifications and reasons for denial shall be set
forth in writing by the Chief of Police and shall be sent
to the applicant by means of registered or certified mail or
hand delivery. The denied applicant shall, at his election,
have the right to hearing before the City Manager pursuant to
the terms of this Chapter. If such a hearing is not requested
within ten (10) days of the notice of denial by the Chief of
Police, the denial shall be final.
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Section 5.16.230 T.emporary Massage Technician License.
Upon application, the Chief of Police shall issue a temporary
license to any person who has applied for a regular license
and who was employed as a Massage Technician in the City of
Carlsbad upon the effective date of this Chapter pending review
and processing of the applicant's regular license. Such
license shall remain in effect until action approving or
denying the regular license is final.
temporary license shall expire and be of no further force
and effect.
At such time the
An applicant who is otherwise qualified but who lacks
the experience or training required by this Chapter for a
license may continue to work with a temporary license if such
person is able to qualify as a trainee pursuant to the
provisions of Section 5.16.330.
Section 5,.16.240, Tr..ansfer of Massage Techn,ic,ian License.
No Massage Technician license shall be transferable.
Se,ction. 5.16,.250 M,assagist License Posted. Each massage
establishment licensee shall post in a conspicuous place
within the massage establishment the individual license of
each Massage Technician performing massages in said establishment.
Section 5.16.260 Suspension or Reyocation of License.
In the event that any person holding a license issued pursuant
to this Chapter shall violate or cause or permit to be
violated any of the provisions of this Chapter or any provision
of any other ordinance or law relating to or regulating massage
establishments or Massage Technicians or shall conduct or
carry on such business or occupation in an unlawful manner
or in such manner as to constitute a public nuisance, the
City Manager may, in addition to other penalties provided by
ordinance, suspend or revoke the license as follows:
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writing of the intended action and the reasons therefor,
and of the right to request a hearing in regard thereto.
6. The action indicated in the written notice shall
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be final unless the licensee shall file a written request
for hearing with the City Manager within ten (10) days of
pursuant to this Chapter and who has received a notice of
intent to suspend or revoke said license may request a hearing
the notice.
c. If a notice of hearing is received, the City Manager
shall proceed in accord with Section 5.16.270.
Section 5.16.270 Hearing. Any person who has been
denied a license by the Chief of Police or who is licensed
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constitute grounds for the denial, suspension or revocation
of a license or permit. The notification shall include the
date, time and place of the hearing. The hearing shall be
conducted by a hearing officer appointed by the City Manager.
request for hearing, the City Manager shall call a hearing
and shall set forth in writing and send to the applicant or
licensee or permittee, by means of registered mail, certified
mail or hand delivery, notice that within a period of not
less than five (5) days nor more than fourteen (14) days from
the date of the posting of said notice, a hearing shall be
conducted to determine the existence of any facts which
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The applicant, licensee or permittee may have the assistance
of counsel or may appear by counsel and shall have the right
to present evidence. In the event that the applicant,
licensee or permittee, or counsel representing the applicant,
licensee or permittee, fails to appear at the hearing, the
evidence of the existence of facts which constitute grounds
for the denial, suspension or revocation of the license
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not be conducted according to the rules of evidence. Any
relevant evidence may be admitted and considered by the City
Manager if it is the sort of evidence on which responsible
persons are accustomed to rely in the conduct of serious
affairs. Objections to evidence shall be noted and a ruling
given by the hearing officer. A copy of the decision of the
hearing officer specifying findings of fact and the reasons
for the decision shall be furnished to the applicant or
licensee. The hearing officer shall inform the party against
whom the decision is rendered of his right to appeal to the
City Council pursuant to this Chapter. Any decision not so
appealed is final.
Section 5.16.280 Appeal. Nithin ten (10) days after
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fourteen (14) days thereafter set the matter for a hearing and
receipt of the decision of the hearing officer, any party
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affected by the decision may file with the City Clerk a
written request for a public hearing before the City Council.
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shall notify the appellant of the date, time and place of such
hearing at least five (5) days before the hearing date. At
the hearing, any person may present evidence in opposition
to, or in support of, appellant's case. At the conclusion
of the hearing, the City Council shall either grant or deny
the appeal, and the decision of the City Council shall be final.
Section 5.16.290 1nju.nctive Relief. In addition to the
legal remedies provided for in this Code, the operation of
any massage establishment in violation of the terms of this
article shall be deemed a public nuisance and may be enjoined
by the City of Carlsbad.
Se,ction 5.16.3.00 E.xemptions. This Chapter shall not
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a. Physicians, surgeons chiropractors, osteopaths,
psychiatrists, psychologists, clinical social workers, family
counselors and clergymen who are licensed to practice their
respective professions in the State of California or who are
permitted to practice temporari.1y under the auspices of an
associate or establishment duly licensed in the State of
Cal i forni a.
b. Nurses who are registered under the laws of this
state and who administer a massage in the normal course of
nursing duties.
c. A trainer of any duly constituted athletic team
who administers a massage in the normal course of training
duties.
d. Barbers and beauticians who are duly licensed under
the laws of this state and who administer a massage in the
normal course of their duties.
e. Any duly licensed establishment in which the above
described persons practice their respective professions.
f. Hospitals, nursing homes, sanitaria, persons holding
an unrevoked certificate to practice the healing arts under
the laws of the State of California, or persons working under
the direction of any such person or in any of such establishments
Sec,tion 5.16.310 Violations. Any person who shall
violate any of the provisions of this Chapter shall upon
conviction be guilty of a misdemeanor punishable by imprisonment
for not more than six months or by a fine not exceeding Five
Hundred ($500.00) Dollars or both.
Section. 5.16-.320 Massage Establishment License Fee.
Any person obtaining a massage establishment license shall
pay to the City Clerk a license fee of Five Hundred ($500.00)
Dollars payable when the 1 i cense issues and annually thereafter
due on the anniversary date of the original license and
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delinquent thirty (30) days thereafter.
Section 5.16.330 Massage Technician License Fee.
Any person obtaining a license to act as a Idassage Technician
shall pay to the City Clerk a license fee of One Hundred ($100.00)
Dollars payable when the license issues and annually thereafter
due on the anniversary date of the original license and
delinquent thirty (30) days thereafter.
S.ect,ion 5,.,16.3,40 Massage Technician, Trainee P,ermi t.
Any person who qualifies for a temporary license and who,
but for the requirement of Section 5.16.200 would qualify for
a licenseS may obtain a trainee permit. Such person must be
enrolled in a "recognized school'' and submit a letter from
the school showing the date the applicant was officially
enrolled and the estimated date the applicant will graduate.
Applicant shall also submit a letter signed by the owner
or operator of a massage establishment stating his willingness
to employ the applicant to do massage as a Massage Technician
Trainee working under his direct supervision and control
during the time the applicant is completing a course of study
as a Massage Technician.
The massage trainee permit shall expire three (3) calendar
months from the date issued and is not renewable, except in
the case of sickness or accident for which reason the
education was delayed. Applicant is expected to successfully
complete the Massage Technician course of study during the
three (3) month period the permit is valid. The trainee must
at all times comply with all laws and ordinances in effect
and the failure to comply may render the applicant ineligible
to obtain a Massage Technician's permit.
Section 5.16.350 Massage School Permit. It shall be
unlawful for any person to operate a massage school in the
City of Carlsbad unless that school has qualified as a
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"recognized school'' as defined in this Chapter. If a school
so qualifies, it shall be treated as a massage establishment
for licensing purposes and shall be subject to all provisions
of this Chapter applicable thereto. Any persons employed in
the school and involved with giving massage for instruction
or other purposes, shall be considered Massage Technicians
for licensing purposes and shall be subject to provisions of
this Chapter applicable thereto.
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SECTJON 3. A licenseeof an existing massage establishment
at the time this ordinance goes into effect shall be required
to fully comply with the provisions of this ordinance within
one hundred twenty (!20) days from the effective date of this
article.
All persons operating or employed as Massage Technicians
in massage establishments at the time this ordinance goes
into effect must obtain a Massage Technician permit within
sixty (60) days from the effective date of this ordinance.
SECTION 4, If any section, subsection, sentence, clause
or phrase of this article is for any reason held to be invalid,
such decision shall not affect the validity of the remaining
portions of this article. The Council hereby declares that
it would have adopted the article and each section, subsection,
sentence, clause or phrase thereof, irrespective of the fact
that any one or more sections, subsections, sentences, clauses
or phrases be declared invalid.
INTRODUCE5 AND FIEST READ at a regular meeting of the
City Council of the City of Carlsbad, California, held on the
3rd day of April, 1973, and thereafter PASSED, APPROVED AND
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adjourned
ADOPTED at anhegular meeting of the City Council held on the - 18th- day of Apri1,1973, by the following vote, to wit:
AYES: Councilmen Dunne, Lewis, Chase and Frazee.
NOES : None.
ABSENT: Councilman McComas.
City of Carlsbad
ATTEST :
k of'tve City of Carlsbad
(SEAL)
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