HomeMy WebLinkAbout1994-08-16; City Council; NS-291; CMC 5.16 amends - Massage establishments/techs & holistic health pracitioners...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
0 e EXHIBIT 2
ORDINANCE NO. NS - 2 9 1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING VARIOUS SECTIONS OF TITLE
5, CHAPTER 5.16 OF THE CARLSBAD MUNICIPAL CODE
REGARDING MASSAGE ESTABLISHMENTS, MASSAGE
TECHNICIANS AND HOLISTIC HEALTH PRACTITIONERS.
The City Council of the City of Carlsbad, California, does ordain as follows:
SECTION I: That Title 5, Chapter 5.16, Section 5.16.020 of the Carlsbad Municipal C.
amended by the addition of Subsection 5.1 6.020(i) as follows:
"(i) 'License' means a license obtained from the chief of police pursuant to the pro
of this chapter.''
SECTION 11: That Title 5, Chapter 5.1 6 of the Carlsbad Municipal Code is amended
amendment of Section 5.1 6.030 to read as follows:
"5.1 6.030 Massage establishment license required. No person shall engage in, cc
carry on or permit to be engaged in, conducted or carried on, in or upon or within any pr
within the city a massage establishment unless a license for the operation of a m
establishment has been issued by the chief of police of the city and unless the license ren
effect in conformiiy with the provisions of this chapter. Any license issued pursuant to this
shall be valid for five years from the date of issuance, unless suspended or revoked."
SECTION 111: That Title 5, Chapter 5.1 6 of the Carlsbad Municipal Code is amended
deletion of Section 5.1 6.040.
SECTION IV: That Title 5, Chapter 5.1 6 of the Carlsbad Municipal Code is amended
amendment of Section 5.16.050 to read as follows:
"5.1 6.050 License application - Massage establishment. Each application for a u
establishment license shall be submitted to the chief of police and shall contain the fl
information:
(a) A definition of services to be provided;
(b) The location and mailing address of the proposed establishment;
(c) The name and residence address and phone number of the applicant;
(d) Name and address of all owners of the massage establishment, including cc
officers and directors, stockholder owning more than ten percent of the corporation, and
managing and limited partners. Corporations shall also furnish the name and address of i
for service of process and the state of incorporation;
(e) The applicant shall be the owner of the massage establishment. If the applice
responsible for the daily management and operation of the establishment, the persor
responsible must also submit an application and pay a fee pursuant to section 5.1 6.060; (9 The previous address of the applicant if any, for a period of five years immedia
0
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
to the date of the application and the dates of residences at each;
(9) Written proof that the applicant is over the age of eighteen years;
(h) The height, weight, color of eyes and hair, and sex of the applicant;
(i) Provision of acceptable government issued identification containing the name, p
birth and photograph of the applicant;
(j) A complete set of the applicant's fingerprints and a photograph which shall be ta
the chief of police or his agent;
(k) Business, occupation or employment history of the applicant for the five
immediately preceding the date of the application;
(I) The history of the applicant in the operation of a massage establishment or
business or occupation, including, but not limited to, whether or not Such person, in pre
operating in this or another city or state under license, has had such license revoked or susr
and the reason therefor, and the business activity or occupation subsequent to such ar
suspension or revocation;
(m) All criminal convictions, other than minor traffic violations, with a full explanatioi
circumstances thereof for the massage establishment manager, the operator and the
including all partners, corporate officers and directors;
(n) At the discretion of the chief of police, the applicant may be required to submit th
and address of each massage technician or holistic health practitioner who is or will be en
in the establishment;
(0) Such other identification and information necessary to discover the truth of the
hereinbefore specified as required to be set forth in the application."
SECTION V: That Title 5, Chapter 5.1 6 of the Carlsbad Municipal Code is amendec
addition of Section 5.16.055 to read as follows:
"5.16.055 Change in massage establishment manager. If the owner of a n
establishment is not acting as the manager of the establishment, and there is a ch,
managers, the new manager shall submit information required for a massage estab'
application to the chief of police or his agent within 30 days of becoming the new manas
application information must be accompanied by an investigation fee pursuant to section E
No other license fee pursuant to this chapter shall be required due to a change in r
establishment managers if the manager is not the establishment owner."
SECTION VI: That Title 5, Chapter 5.1 6 of the Carlsbad Municipal Code is amendec
amendment of Section 5.1 6.060 to read as follows:
"5.1 6.060 Investigation fee - Massage establishment. A nonrefundable fee in ar
established by city council resolution shall accompany the submission of each applicat
massage establishment license to defray, in part, the costs of investigation. The fee shz
in lieu of, and shall be in addition to, the license fee to be paid pursuant to the term
chapter."
SECTION VII: That Title 5, Chapter 5.1 6 of the Carlsbad Municipal Code is amende
amendment of the heading and first paragraph of Section 5.16.070 to read as follows:
"5.16.070 License investigation - Massage establishment. Upon receipt of a cl
application and fee, the chief of police shall have a reasonable time, not to exceed sixt)
which to verify the application information and to investigate the background of the appl
0 0
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
~
I
SECTION VIII: That Title 5, Chapter 5.1 6, Section 5.1 6.080 of the Carlsbad Municipal
is amended by the amendment of Subsection 5.1 6.080(c) to read as follows:
"(c) That the applicant has not knowingly and with intent to deceive made false, misl
or fraudulent statement of fact in the license application or any other document required by i
in conjunction therewith;"
SECTION IX: That Title 5, Chapter 5.1 6, Section 5.1 6.1 05 of the Carlsbad Municipal
is amended by the addition of Subsection 5.1 6.1 05(e) to read as follows:
"(e) No owner, operator, responsible managing employee, manager or permittee in
of or in control of a massage establishment shall permit persons other than a licensed m
technician, licensed massage technician trainee, or licensed holistic health practitioner to I
a massage in a massage establishment."
SECTION X: That Title 5, Chapter 5.16 of the Carlsbad Municipal Code is amended
amendment of Section 5.1 6.1 10 to read as follows:
"5.16.110 Display of licenses. Every person issued a license under the terms
chapter shall display the license in a conspicuous place so that the same may be readily :
persons entering the premises where the massage, bath, or treatment is given."
SECTION XI: That Title 5, Chapter 5.1 6 of the Carlsbad Municipal Code is amendec'
amendment of the last sentence of Section 5.1 6.1 80 to read as follows:
'The records shall be maintained for a period of ninety days."
SECTION XII: That Title 5, Chapter 5.1 6 of the Carlsbad Municipal Code is amend
the amendment of Section 5.1 6.1 90 to read as follows:
"5.1 6.1 90 Massage technician or holistic health practitioner license required. Nc
shall administer a massage for any form of consideration within the city unless such per!
been licensed as a massage technician or holistic health practitioner by the chief of polic
city and unless such license remains in effect in conformity with the provisions of this chapi
license issued pursuant to this section shall be valid for five years from the date of issuance
suspended or revoked."
SECTION XIII: That Title 5, Chapter 5.16 of the Carlsbad Municipal Code is amen1
the deletion of Section 5.1 6.200.
SECTION XIV: That Title 5, Chapter 5.1 6 of the Carlsbad Municipal Code is amer
the amendment of Section 5.1 6.21 0 as follows:
"5.16.210 License application - Massage technician and holistic health prac
Each application for a massage technician or holistic health practitioner license shall be SI
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
0 0
to the chief of police and shall contain the following information:
(a) The applicant's full name, residence address and telephone number;
(b) The name and address and telephone number of the massage establishment wh
(c) The names and addresses of any and all previous establishments where the aF
(d) The criminal record, if any, other than minor traffic violations, of the applicant;
(e) Whether any license to perform as a holistic health practitioner or massage tec
previously was denied the applicant or revoked and, if so, the circumstances of such dt
revocation; (9 A photograph and complete set of the applicant's fingerprints which shall be t;
the chief of police or his agent;
(9) Written proof that the applicant is over the age of eighteen years;
(h) A certificate signed by a medical doctor stating that the applicant, within thir
immediately prior to filing his or her application herein, has been examined and found to bc
syphilis, tuberculosis or other contagious. or communicable disease which is likely
communicated during the administration of a massage;
(i) Applicant must furnish a diploma or certificate of graduation from a recognized
or other institution of learning wherein the method, profession and work of massage is taugh
of successful completion of two hundred hours of study from a recognized school is reqL
a massage technician license and proof of successful completion of one thousand hours (
from a recognized school is required for a holistic health practitioner license. The clty has t
to confirm the fact that the applicant has actually attended classes in a recognized schoo!
aforementioned minimum time periods. In lieu of the foregoing educational requireme
applicant for a massage technician license may submit verifiable written proof that he or !
actually been engaged in practice as a massage technician for not less than one year r
passed the National Certification Examination for Massage Therapists and Bodywork;
(j) Before a license is issued to a holistic health practitioner, proof of membership ir
or nationally recognized organization devoted to and organized for the benefit and furthel
holistic health practitioner practices as approved by the city manager. In the event of a
regarding a decision of the city manager under this section, an aggrieved person may appe
city council by filing an appeal with the city clerk within ten calendar days of the written r
decision by the city manager. Fee for filing an appeal under this section shall be establisl-
resolution of the city council. The decision of the city council shall be final;
(k) Before a license is issued to a holistic health practitioner, the applicant shall (
policy of insurance executed by a company duly authorized under the laws of this stal
insurance by the provisions of which policy such company promises and undertakes to pi
all legal liability incurred by the insured for damages to persons or property resulting from
practice in an amount as established by a resolution of the city council."
applicant is to be employed and the name of the owner of same;
has been employed as a massage technician or holistic health practitioner;
SECTION XV: That Title 5, Chapter 5.16 of the Carlsbad Municipal Code is amer
the amendment of Section 5.16.215 to read as follows:
"5.16.215 Investigation fee - Massage technician and holistic health practitil
nonrefundable fee as set by resolution of the city council shall accompany the submissior
application for a holistic health practitioner or massage technician license to defray, in
costs of investigation. The fee shall not be in lieu of, and shall be in addition to, the licen:
be paid pursuant to the terms of this chapter."
SECTION WI: That Title 5, Chapter 5.16 of the Carlsbad Municipal Code is amef
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
e a
the amendment the title and first sentence of Section 5.1 6.220 to read as follows:
"5.16.220 License investigation - Massage technician and holistic health praci
Upon receipt of a completed application and fee, the chief of police shall have a reasonab
not to exceed sixty days, in which to verify the application information and to investig
background of the applicant."
SECTION XVII: That Title 5, Chapter 5.16 of the Carlsbad Municipal Code is amenl
the amendment of Section 5.1 6.320 to read as follows:
"5.16.320 Massage establishment license fee. Any person obtaining a rr
establishment license shall pay to the license collector a license fee in an amount establk
city council resolution and payable when the license issues. This license fee shall be in I
business license tax."
SECTION XVIII: That Title 5, Chapter 5.16 of the Carlsbad Municipal Code is amen
the amendment of Section 5.16.330 to read as follows:
"5.16.330 Massage technician and holistic health practitioner license fee. Any
obtaining a license to act as a holistic health practitioner or massage technician shall pa
license collector a license fee in an amount established by the city council resolution. This
fee shall be in lieu of a business license tax."
SECTION XIX: That Title 5, Chapter 5.1 6 of the Carlsbad Municipal Code is amenc
the amendment of Section 5.1 6.340 to read as follows:
"5.16.340 Massage technician trainee license. Any person who qualifies for a rr
technician license but for the educational requirement of Section 5.16.210 may obtain a
license. Such person must be enrolled in a "recognized school" and submit a letter from the
showing the date the applicant was officially enrolled and the estimated date the applic
graduate. Applicants may also provide verifiable proof that they are registered to take the I
Certification Examination for Therapeutic Massage and Bodywork in lieu of the edu
requirement.
Applicant shall also submit a letter signed by the owner of a massage establishment,
representative, stating their willingness to employ the applicant to do massage as a IT
technician trainee working under the direct supervision and control of a licensed massage tec
or holistic health practitioner during the time the applicant is completing a course of stu
massage technician at a recognized school or until the applicant has successfully pas
National Certification Examination for Therapeutic Massage and Bodywork.
The massage trainee license shall expire one year from the date issued and is not ren
except in the case of sickness or accident for which reason the education or certification ex
delayed. Applicant is expected to successfully complete the massage technician course t
or pass the National Certification Examination for Therapeutic Massage and Bodywork du
one year time period the license is valid. The trainee must at all times comply with all I;
ordinances in effect and the failure to comply may render the applicant ineligible to c
massage technician's license."
I
~
* I/ 0, e
n
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
SECTION XX: That Title 5, Chapter 5.16 of the Carlsbad Municipal Code is amended by tl
amendment of the heading of Section 5.16.350 to read as follows:
"5.1 6.350 Massage school license."
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, i
city clerk shall certify to the adoption of this ordinance and cause it to be published at lea!
in a newspaper of general circulation within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council
16 th day of AUGUST , 1 994, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cal
on the 6th day Of SEPTEMBER , 1994, by the following Vote, to wit:
AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila
NOES: None
ABSENT: None
APPROVED AS TO FORM AND LEGALIW
n
kcc-8, e Aa.eQ
RON'KLD R. BALL, City $Jy~e+ q,
AlTEST:
21 [I i 22 I
23
24
25
26
1 ALETHA L. RAUTENKRANZ, City Clerk \
(SEAL)
. 27
28