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HomeMy WebLinkAbout1973-04-18; City Council; 3096; CMC 5.16 amends - Massage establishments & technicians1 2 3 4 5 6 8 10 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 Sections 5.16.010 and 5.16.020 are hereby repealed.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 12 13 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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 1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 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. 31 32 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 // 2. 1 2 3 4 5 6 lo 11/1 Department of Education. 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 12 16 l7 l8 2o 21 22 23 24 25 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. 27 28 29 30 31 32 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 3. e 5 6 7 10 11 12 14 16 l7 l8 20 21 22 23 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, 2 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 30 31 32 24 25 26 27 28 29 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. 4. 1 2 3 4 5 6 7 E s IC 11 1: 1; 1L 1: 1t 1' 1I l! 2( 2: 2; 2: 24 2i 21 2' 2' 2' 31 3 3 e ! 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. /// /I/ 5. 2 7 3 4 5 6 7 8 9 10 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, 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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 6. 1 2 3 4 5 6 7 E c IC 11 12 1: 11 1: lk 1' It l! 2( 2: 2; 2 28 2 2 2 2 2 3 3 3 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 7. 10 l2 I1 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 18 l9 2o 21 22 23 24 25 26 27 28 29 30 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, '*I/ Fire Code of the City of Carlsbad. 15 I/ e. Hot and cold running water shall be provided to a 31)) separate dressing facilities and separate toilet facilities 3z~~shall be provided for male and female patrons. Further, in those 8. 1 establishments where steam rooms or sauna baths are provided, 20110f any such establishment, which basin shall provide soap or 2 3 4 5 6 lo l2 l4 15 18 l9 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. 21 22 23 24 25 26 " 28 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 30 31 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 1 2 3 4 5 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 28 29 30 31 32 6 7 8 9 11 14 15 16 17 18 19 20 21 22 23 24 25 26 27 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. 10. I/ 1 2 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 9 10 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 11 12 13 14 15 16 17 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 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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 11. I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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. 12. 1 2 2 4 E c E 'i E < 1( 1: 1: 1: Id l! 11 I' 1; 1' 21 2 2 2 2 2 2 2 2 2 3 3 3 0 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 13. 5 lo 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 13 14 15 16 17 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 18 19 20 21 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 23 11 of said Health and Safety Code. 24 11 4. Any of the above substantive offenses as defined 25 26 27 in the laws of any jurisdiction other than the State of California. b. The applicant has not knowingly and with intent 28 29 30 31 32 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 14. 1 2 3 4 5 6 7 a 9 10 11 12 12 14 15 1E 17 1E 15 2c 21 22 2: 2f 25 3c 31 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. 14A. 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 2c 21 22 22 24 25 26 27 2E 29 3c 3: 3: 0 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: 15. e 2 3 4 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 10 11 12 13 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 14, before the City Manager. Upon receipt of a timely written 15 16 17 23 24 25 18 19 20 21 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 26 27 28 29 30 31 32 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 16. 2 3 4. 5 lo l1 l2 14 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 l8/1 Upon the filing of such a request, the City Clerk shall within 15/ fourteen (14) days thereafter set the matter for a hearing and receipt of the decision of the hearing officer, any party 16, 17. affected by the decision may file with the City Clerk a written request for a public hearing before the City Council. 2o 21 22 23 24 25 26 27 28 29 30 31 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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 ' , 18. -, 2. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 le 13 2c 21 22 22 24 2: 2f 27 2E 25 3c 31 32 0 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 19. 1 2 "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. 1 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 /I/ /I/ /I/ I// //I /// /I/ /// 20. 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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) 21.