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HomeMy WebLinkAbout1979-07-17; City Council; 6059; CMC 5.16 amends - Massage establishments & technicians1 2 3 4 5 6 7 8 9 10 I1 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 6059 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 5, CHAPTER 5.16 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT AND ADDITION OF VARIOUS SECTIONS TO PROVIDE FOR THE ORDERLY REGULATION OF MASSAGE ESTABLISHMENTS AND MASSAGE TECHNICIANS. The City Council of the City of Carlsbad, California does ordain as follows: SECTION 1: That Title 5, Chapter 5.16 of the Carlsbad Municipal Code is amended by the addition of Section 5.16.02.0, Subdivision(f) to read as follows: "(f) Specified anatomical areas as used herein shall mean and include any of the following: 'Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, perineum or female breasts below a point immediately above the top of the areola. "I SECTION 2: That Title 5, Chapter 5.16 of the Carlsbad Municipal Code is amended by the addition of Section 5.16.105 to read as follows: "5.16.105 Massage establishments operating requirements. (a) No owner, operator, responsible managing employee, manager, or permittee in charge of or in control of a massage establishment shall permit a massage to be given unless the patron's specified anatomical areas are covered by the covering provided by the establishment. Each establishment shall provide to all patrons clean, sanitary and opaque coverings capable of covering the patron's specified anatomical areas. No comon use of such covering shall be permitted, and reuse is prohibited unless having been adequately cleaned. rooms, no owner, operator, responsible managing employee, manager, or permittee in charge of or in control of any massage establishment shall permit any person in any area within the massage establishment which is used by the patrons or which can be viewed by patrons from such an area, unless the person's specified anatomical areas are fully covered. In addition, no owner, operator, responsible managing employees, manager or permittee in charge of or in control of a massage establishment shall permit any person to be in any room with another person unless all persons' specified anatomical areas are fully covered. (b) With the exception of bathrooms, showers, dressing (c) No owner, operator, responsible managing employee, 1 2 3 4 5 6 7 a 9 10 11 12 n a 19 2c 21 22 22 24 25 2& 23 2€ manager or permittee in charge of or in control of a massage establishment shall permit any massage technician to be on the premises of a massage establishment during its hours of operation while performing or available to perform any task or service associated with the operation of a massage business unless the massage technician is fully covered from a point not to exceed four(4) inches above the center of the kneecap to the base of the neck excluding the arms, with the following exception: shorts may be worn so long as they extend down the leg a minimum of three (3) inches from the crotch and the body above that point is fully covered to the base of the neck, excluding the arms. The covering, which includes trousers, pants or shorts, will be of an opaque material and will be maintained in a clean and sanitary condition. (d) No owner, operator, responsible managing employee, manager or permittee in charge of or in control of a massage establishment shall during the course of any service or task associated with the operation of a massage establishment permit any person to massage, or intentionally touch the specified anatomical areas of another person.'' SECTION 3: That Title 5, Chapter 5.16 of the Carlsbad Municipal Code is amended by the addition of Section 5.16.255 to read as follows: "5.16.255 Massage technician operating requirements. (a) No massage technician, while performing any task or service associated with the massage business, shall be present in any room with another person unless the person's specified anatomical areas are fully covered. No massage technician shall be on the premises of a massage establishment during its hours of operation while performing or available to perform any task or service associatec with the operation of a massage business, unless the massage technician is fully covered from a point not to exceed four($) inches above the center of the kneecap to the base of the neck, excluding the arms, with the following exception: shorts may be worn so long as they extend down the leg a minimum of three (3) inches from the crotch and the body above that point is fully covered to the base of the neck, excluding the arms. In addition, no massage technician shall perform any task or service while in the presence of any patron of an off-premises massage business unless the massage technician is fully covered from a point not to exceed four (4) inches above the center of the kneecap to the base of the neck, excluding the arms, with the following exception: shorts may be worn so long as they extend down the leg a minimum of three (3) inches from the crotch and the body above that point is fully covered to the base of the neck, excluding the arms. For purposes of this subsection, the covering, which includes trousers, pants or shorts, will be of an opaque material and will be maintained in a clean and sanitary condition. (b) (c) No massage technician, while performing any task 2. 1 2 3 4 5 6 7 e 9 1c 11 12 n 1I 2( 2: 2; 2; 21 2! 2t 2' 21 for service associated with the business of massage, shall massage or intentionally touch the specified anatomical areas of another person. 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 days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 3rd day of July I 1979 and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held on the 17th day of July , 1979 by the following vote, to wit: AYES : Councilmen Packard, Skotnicki, Anear, Lewis and NOES : None Councilwoman Casler ABSENT: None RdEP4 RONALD C. PACKARD, Mayor ATTEST: l2dhA.L apR- ALETHA L. RAUTENKRANZ, City C ( SEAL) 3.