HomeMy WebLinkAbout1979-03-06; City Council; 3112; CMC 5.16 amends - Massage establishments & techniciansI
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ORDINANCE NO. 31 12
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING
TITLE 5, CHAPTER 5.16 OF THE CARLSBAD
MUNICIPAL CODE BY AMENDMENT, DELETION
AND ADDITION OF VARIOUS SECTIONS TO
REVISE THE REGULATIONS REGARDING MASSAGE
ESTABLISHMENTS AND MASSAGE TECHNICIANS.
The City Council of the City of Carlsbad, California
joes ordain as follows:
SECTION 1: That Chapter 5.16 of the Carlsbad Municipal
:ode is hereby reenacted in its entirety except as amended
3y this ordinance.
SECTION 2: That Title 5, Chapter 5.16 of the Carlsbad
Ylunicipal Code is amended by the amendment of Section 5.16.010
-0 add the following:
"The business of massage is hereby designated 'Police
regulated'.
?art 1, of Division 1 of Title 5 (Sections 51030 through 51034) of the California Government Code."
This ordinance is adopted pursuant to Chapter 6,
SECTION 3: That Title 5, Chapter 5.16, Section 5.16.020
)f the Carlsbad Municipal Code is amended by the amendment
If Subsection (a) to read as follows:
I' (a) "Massage" means the administration by any person if any method or procedure of exerting or applying pressure,
friction, moisture, heat or cold to the external parts of
;he human body by any physical or mechanical means, excepting ;uch rubbing, stroking kneading, pounding or tapping of the
iuman body by any physical or mechanical means and with or Jithout the use of any ointments, liniments, oils, alcohols, )r other substances as may be prohibited by State Law."
SECTION 4: That Title 5, Chapter 5.16, Section 5.16.080
)f the Carlsbad Municipal Code is amended by the amendment
)f Subsection (b) to read as follows:
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"(b) That the applicant, if an individual, or in the case of an applicant which is a corporation or a partnership, any of its officers, directors, holders of ten percent or
more of corporation stock, has not been convicted in a court of competent jurisdiction of:
violence upon the person of another, or
of the California Penal Code, or of any violation of Sections
266i, 315, 316, 318 or Subdivision (b) of Section 647 of the
Penal Code, or
controlled substance specified in Sections 11054, 11055, 11056, 11057, or 11058 of the Health and Safety Code, or
defined in the laws of any jurisdiction other than the State of California. If
(1) An offense involving the use of force or
(2) A crime requiring registration under Section 290
(3) Any felony offense involving the sale of a
(4) Any of the above substantive offenses as
SECTION 5: That Title 5, Chapter 5.16, Section 5.16.220
of the Carlsbad Municipal Code is amended by the amendment
of Subsection (a) (2) and Subsection (a) (3) to read as follows:
"(2) Any crime requiring registration under Section 290 of the California Penal Code, of any violations of Sections 266i, 315, 316, 318 or Subdivision(b) of Section 647 of the Penal Code.
(3) Any felony offense involving the sale of a controlled
substance specified in Sections 11054, 11055, 11056, 11057 or 11058 of the Health and Safety Code."
SECTION 6: That Title 5, Chapter 5.16, of the Carlsbad
Municipal Code is amended by the addition of Section 5.16.360
to read as follows:
"5.16.360 Constitutionality. If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this chapter. The Council hereby declares that it would have adopted the chapter 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, I'
EFFECTIVE DATE: This ordinance shall be effective
thirty days after its adoption and the City Clerk shall
certify to the adoption of this ordinance and cause it to be
published at least once in the Carlsbad Journal within fifteen
2.
days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the 20th
and thereafter
day of February , 1979
PASSED AND ADOPTED at a regular meeting of the City Council
held on the 6th day of March , 1979 by the following
vote, to wit:
AYES :
NOES : None
Councilmen Packard, Skotnicki, Anear, Lewis and
Cauncilwoman Casler
ABSENT : None
ATTEST :
(SEAL)
3.