HomeMy WebLinkAbout1997-11-18; City Council; NS-430; CMC 5.16 amends - Massage businesses/techs & holistic health practioners...-, /I e 0
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ORDINANCE NO. NS-430
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AMENDING EXISTING
TITLE 5, CHAPTER 5.16 OF THE CARLSBAD MUNICIPAL
CODE BY THE ADDITION OF A NEW CHAPTER 5.16 FOR
CLARIFICATION.
The City Council of the City of Carlsbad, California, does ordain as.
SECTION 1: That existing Title 5, Chapter 5.16 of the Carlsbad
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Code is amended to read as follows:
Chapter 5.16
MASSAGE BUSINESSES
MASSAGE TECHNICIANS AND
HOLISTIC HEALTH PRACTITIONERS
Sections:
5.16.010
5.1 6.020
5.16.030
5.1 6.050
5.1 6.055
5.1 6.060
5.16.070
5.16.080
5.16.100
5.16.120
5.16.130
5.16.140
5.1 6.1 50
5.16.160
5.16.170
5.16.180
5.16.190
5.16.210
5.16.220
5.16.240
5.16.250
5.16.255
5.16.260
5.1 6.270
5.1 6.280
Purpose and intent.
Definitions.
Massage business license required.
License application-Massage business.
Change in massage business manager.
Investigation fee-Massage business.
License investigation-Massage business.
Issuance or denial of license.
Massage business.
Name of business.
Sale or transfer.
Inspection.
Massagist licensees to be employed.
Massages at permitted locations only.
Records of treatments.
Massage technician or holistic health practitioner license
required.
License application-Massage technician and holistic health
practitioner.
License investigation-Massage technician and holistic health
practitioner.
Transfer of license.
Possession and posting of license
Massage technician and holistic health practitioner operating
requirements.
Hearing.
Appeal.
Change of location.
Suspension or revocation of license.
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5.16.290
5.16.300
5.16.310
5.1 6.320
5.1 6.330
5.1 6.340
5.16.350
5.1 6.360
5.16.370
Injunctive relief.
Exemptions.
Violations.
Massage business license fee.
Massage technician and holistic health practitioner license fe
Massage technician trainee license.
Massage school license.
Constitutionality.
Interpretation.
5.16.010 Purpose and intent.
It is the purpose and intent of this chapter to provide for the orderly reguls
massage business in the city by the adoption of a licensing procedure for
businesses, holistic health practitioners, and massage technicians. It is determ
necessary to further preserve and protect the health, safety and welfare of the inh
this city through the enactment of standards of sanitation, professional compe
safety and building construction in regard to massage businesses, holis
practitioners, and massage technicians. The business of massage is design;
regulated.
The ordinances codified in this chapter are adopted pursuant to Chapter 6
Division 1 of Title 5 (Sections 51030 through 51034) of the California Government
other applicable laws.
5.1 6.020 Definitions.
meanings ascribed to them in this section:
procedure of exerting or applying pressure, friction, moisture, heat or cold to th
parts of the human body by any physical or mechanical means, excepting suc
stroking, kneading, pounding or tapping of the human body by any physical or n
means and with or without the use of any ointments, liniments, oils, alcohols
For the purpose of this chapter, the following words and phrases shal
A. “Massage” means the administration by any person of any
substances as may be prohibited by state law;
massage is administered or permitted to be administered either separately or in c
with the business of giving any Turkish, Russian, Swedish, vapor, sweat, el€
shower, sponge or any other kind or character of baths;
technician’s license pursuant to this chapter;
representative;
a holistic health practitioner’s license pursuant to this chapter;
B. “Massage business” means any business or operation q
C. “Massage technician” means any person who has obtained i
D. “Health officer” means the health officer of the county or his
E. “Holistic health practitioner” means any person who has obta
F. “Off-premise massage” means the activity of providing
services at a location other than premises designated in the license of a massag€
pursuant to this chapter;
has for its purpose the teaching of a course consisting of the theory, ethics ant
methods, profession or work of massage in not less than three calendar months,
school or institution of learning requires a resident massage technician or holi:
practitioner be furnished with a diploma or certificate of graduation from such
G. “Recognized school” means any school or institution of learr
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institution of learning showing successful completion of such course of stul
approved by the California State Department of Education or other comparable
another state. Schools offering correspondence courses not requiring actual attt
class shall not be deemed a recognized school;
H. “Specified anatomical areas” means human genitals, pul
anus, perineum or female breasts below a point immediately above the top of the
I. “License” means a license obtained from the Chief of Polic
to the provisions of this chapter.
5.1 6.030 Massaae business license reauired.
No person shall engage in, conduct, carry on or permit to be engaged in,
or carried on, in or upon or within any premises within the city a massage busines
license for the operation of a massage business has been issued by the Chief c
the city and unless the license remains in effect in conformity with the provisic
chapter. Any license issued pursuant to this section shall be valid for five year
date of issuance, unless suspended or revoked.
5.16.050 License awlication-Massaae business.
Police and shall contain the following information:
Each application for a massage business license shall be submitted to tt
A. A definition of services to be provided;
B. The location and mailing address of the proposed business;
C. The name and residence address and phone number of the :
D. Name and address of all owners of the massage business
corporate officers and directors, stockholder owning more than ten perce
corporation, and. general, managing and limited partners. Corporations shall al
the name and address of an agent for service of process and the state of incorpor;
E. The applicant shall be the owner(s) of the massage busine
applicant is not responsible for the daily management and operation of the bus
person who is responsible must also submit an application and pay a fee PI
Section 5.16.060. The owner(s) or lessor(s) of the premises upon which the
business is to be conducted may, at the discretion of the Chief of Police, be rf
submit an application, if such owner(s)/lessor(s) has any association or affiliatiol
massage business in addition-to an ownership in the business premise;
F. The previous address of the applicant, if any, for a period of
immediately prior to the date of the application and the dates of residences at eact
G. Written proof that the applicant is over the age of eighteen ye
H. The height, weight, color of eyes and hair, and sex of the apF
I. Provision of acceptable government issued identification I
the name, date of birth and photograph of the applicant;
J. A complete set of the applicant‘s fingerprints and a photogr;
shall be taken by the Chief of Police or his agent;
K. Business, occupation or employment history of the applica
five years immediately preceding the date of the application;
L. The history of the applicant in the operation of a massage bl
similar business or occupation, including, but not limited to, whether or not such I
previously operating in this or another city or state under license, has had SUC
revoked or suspended and the reason therefor, and the business activity or o
subsequent to such action of suspension or revocation;
M. All criminal convictions,. other than minor traffic violations, 1
explanation of the circumstances thereof for the massage business manager, the
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and the owner, including all partners, corporate officers and directors;
to submit the name and address of each massage technician or holistic health F
who is or will be employed in the business;
0. Such other identification and information necessary to di:
truth of the matters hereinbefore specified as required to be set forth in the applic:
5.16.055 Chanqe in massaqe business manaaer.
If the owner of a massage business is not acting as the manager of the
and there is a change in managers, the new manager shall submit information req
massage business application to the Chief of Police or his agent within thirl
becoming the new manager. The application information must be accompan
investigation fee pursuant to Section 5.16.060. No other license fee pursu:
chapter shall be required due to a change in massage business managers if the r
not the business owner.
5.1 6.060 lnvestiqation fee-Massaqe business.
A nonrefundable fee in an amount established by City Council resoll
accompany the submission of each application for a massage business license tc
part, the costs of investigation. The fee shall not be in lieu of, and shall be in addi
license fee to be paid pursuant to the terms of this chapter.
N, At the discretion of the Chief of Police, the applicant may b
5.1 6.070 License investiqation-Massaqe business.
Upon receipt of a completed application and fee, the Chief of Police sh
reasonable time,- not to exceed sixty days, in which to verify the application inforr
to investigate the background of the applicant.
The Chief of Police shall notify the Planning, Building, Fire and Health DE
regarding the pending application. The notified departments, within the thirty day
application date, shall inspect the premises proposed to be devoted to the
businesses and shall make separate recommendations to the Chief of Police (
compliance with the provisions of this chapter and with the other applicable prc
state law and the municipal code.
5.16.080 Issuance of denial of license.
Based upon the results of his own investigation and upon the reports rec
the other City departments, the Chief of Police shall issue a massage business lic
finds:
A. That the operation, as proposed by the applicant, if licen:
comply with all applicable laws, including, but not limited to, the City’s building, i
and health regulations;
B. That the applicant, if an individual, or in the case of an appli
is a corporation or a partnership, any of its officers, directors, holders of ten perce
of corporation stock, has not been convicted in a court of competent jurisdiction oi
1. An offense involving the use of force or violence
person of another, or
2. A crime requiring registration under Section 2!
California Penal Code, or of any violation of Sections 266i, 315, 316, 31 8 or Sub1
of Section 647 of the Penal Code, or
3. Any felony offense involving the sale of a controllc
specified in Section 11 054, 11 055, 11 056, 11 057, or 11 058 of the Health and Safl
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4. Any of the above substantive offenses as defined in
any jurisdiction other than the state of California,
C. That the applicant has not knowingly and with intent to de(
false, misleading or fraudulent statement of fact in the license application or
document required by the City in conjunction therewith;
D. The applicant has met all the requirements of this chapter.
If one or more of the above described findings cannot be made, the licen
denied. In the event of denial, notifications and reasons for denial shall be 2
writing by the Chief of Police and shall be sent to the applicant by means of re
certified mail or hand delivery. The denied applicant shall, at his election, have
receive a hearing before the City Manager pursuant to the provisions of this (
such a hearing is not requested within ten days of the notice of denial by the Chie
the denial shall be final.
5.1 6.1 00 Massaqe - business facilities,
No license to conduct a massage business shall be granted unless an in5
the City reveals that the proposed business premises compy with each of th
minimum requirements:
A. A recognizable and legible sign shall be posted at the mai
identifying the premises as a massage business;
B. Minimum lighting shall be provided in accordance with tt
code of the City and, in addition, at least one artificial light of not less than sixty
be provided in each room or enclosure where massage services are performed or
C. Minimum ventilation shall be provided in accordance with ti
code of the City;
D.- Recognizable and legible signs shall be posted at all exits
each such exit in accordance with the fire code of the City;
E. Hot and cold running water shall be provided to a metal 1
coated metal utility sink approved by the San Diego County health department;
F. Equipment approved by the health department for disinfc
sterilizing instruments used in performing acts of massage shall be provided;
G. Closed cabinets shall be provided and utilized for the stora5
linen;
H. Adequate bathing, dressing, locker and toilet facilities
provided for patrons. A minimum of one tub or shower, one dressing room cc
separate locker for each patron to be served, which locker shall be capable of bei
and a minimum of one toilet and one wash basin shall be provided by every
business; provided, however, that if male and female patrons are to t
simultaneously at the business, a separate massage room or rooms, separatt
facilities and separate toilet facilities shall be provided for male and female patrol
in those businesses where steamrooms or sauna baths are provided, if male a
patrons are to be served simultaneously, separate steamrooms or sauna room
provided for male and female patrons;
I. All walls, ceilings, floors, pools, showers, bathtubs, steamr
all other physical facilities for the business premises must be in good repair and r
in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor rooms
disinfected with a disinfectant approved by the health department each day the b
in operation. Bathtubs shall be thoroughly cleaned and disinfected with a d
approved by the health . department after each
or vapor cabinets, shower compartments, and toilet rooms shall be thoroughly clt
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J. Clean and sanitary towels and linens shall be provided for e
of the business. No common use of towels or linens shall be permitted;
K. A minimum of one separate wash basin shall be providt
massage business premises for the use of employees of any such business, v1
shall provide soap or detergent and hot and cold running water at all times ar
located within or as close as practicable to the area devoted to the performing c
services. In addition, there shall be provided at each wash basin, sanitary towel
permanently installed dispensers.
This section shall be construed to require minimum standards only. All
provisions of the municipal code shall have full force and effect and the applics
required to comply therewith.
5.16.105 Massaae businesses operatinq requirements.
The operating requirements for massage businesses are as follows:
A. No owner, operator, responsible managing employee, m
permittee in charge of or in control of a massage business shall permit a mas:
given unless the patron’s specified anatomical areas are covered by the coverin
by the business. Each business shall provide to all patrons clean, sanitary a1
covering capable of covering the patron’s specified anatomical areas. No comr
such covering shall be permitted, and reuse is prohibited unless having been ,
cleaned;
owner, operator, responsible managing employee, manager or permittee in char
control of any massage business shall permit any person in any area within thf
business premise which is used by the patrons or which can be viewed by pa
no owner, operator, responsible managing employees, manager or permittee in cf
in control of a massage business shall permit any person to be in any room wi
person unless all persons’ specified anatomical areas are fully covered;
C. No owner, operator, responsible managing employee, m
permittee in charge of or in control of a massage business shall permit any empll
on the premises of a massage business during its hours of operation of a
business unless the employee is fully covered from a point not to exceed four inc
the center of the kneecap to. the base of the next excluding the arms, with thc
exception: shorts may be worn so long as they extend down the leg a minimu
inches from the crotch, and the body above the point is fully covered to the b
neck, excluding the arms. The covering, which includes trousers, pants or short:
an opaque material and will be maintained in a clean and sanitary condition;
D. No owner, operator, responsible managing employee, rr
permittee in charge of or in control of a massage business shall, during the COL
service or task associate with the operation of a massage business, permit any
massage or intentionally touch the specified anatomical areas of another person;
E. No owner, operator, responsible managing employee, m
permittee in charge of or in control of a massage business shall permit persons 01
licensed massage technician, licensed massage technician trainee or licensc
health practitioner to perform a massage in a massage business.
5.1 6.1 10 Displav of licenses.
Every person issued a license under the terms of this chapter shall c
license in a conspicuous place so that the same may be readily seen by persor
the premises where the massage, bath, or treatment is given.
B. With the exception of bathrooms, showers and dressing
such an area, unless the person’s specified anatomical areas are fully covered. I
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5.16.120 Name of business.
No person licensed to do business as provided in this chapter shall ope
any name or conduct his business under any designation not specified in his licen
5.16.130 Chanue of location.
A change of location of a licensed massage business may be approved b!
of Police; provided all applicable provisions of this code are complied with and a
location fee of fifty dollars to defray, in part, the costs of investigation and insp
been paid to City.
5.1 6.140 Sale or transfer.
Upon the sale or transfer of any interest in a massage business, the licen
business shall be null and void. A new application shall be made by any person 1
own or operate the massage business. An application fee of fifty dollars shall 1:
for each such application. If the location of the licensed premises is to be ch:
applicant shall also pay the change of location fee required by Section 5.16.130.
5.16.150 Inspection.
Representatives
and health shall have
of the City departments of building inspection, housing,
the right to enter the premises from time to time duril
business hours for the purpose of making reasonable inspections to enforce c
with building, fire, electrical, mechanical, plumbing or health regulations. This
restrict or limit the right of entry vested in any law enforcement agency.
departments shall cause such inspections to be made at least twice a year.
5.16.160 Massauist licensees to be emploved.
perform as a massage technician or holistic health practitioner who is not so licen
the terms of this chapter.
No massage business licensee shall employ, or otherwise allow, any
18 5.16.170 Massaues at permitted locations onlv.
No person shall administer a massage or permit a massage to be adminisi 19 upon any location or premises other than a validly licensed massage business, e
validly licensed holistic health practitioners may administer off-premises massage! 2o the hours of six a.m. and eleven p.m. The giving of massages at hours other tha 2, 11 prohibited.
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5.1 6.180 Records of treatments.
Every person operating a massage business under a license issued pursu
chapter shall keep a record of the date and hour of each treatment, the name an
of the patron, and the name of the employee administering such treatment. T
shall be open to inspection by officials charged with the enforcement of these pro'
the purposes of law enforcement and for no other purpose. The information ful
secured as a result of any such inspection shall be confidential. Any un:
disclosure or use of such information by any officer or employee of the City cor
misdemeanor and such officer or employee shall be subject to the penalty provisic
code, in addition to any other penalties provided by law. The records shall be n
for a period of ninety days.
28 5.16.190 Massaue technician or holistic health practitioner license rewired.
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person shall administer a massage for any form of consideration within the City u
person has been licensed as a massage technician or holistic health practitio
Chief of Police of the City and unless such license remains in effect in conformi
provisions of this chapter. Any license issued pursuant to this section shall be Vi
years from the date of issuance, unless suspended or revoked.
5.16.210 License amlication-Massaae technician and holistic health
practitioner.
Each application for a massage technician or holistic health practitioner lic
A. The applicant's full name, residence address and telephone
B. The name and address and telephone number of the
business where the applicant is to be employed and the name of the owner of sar
C. The names and addresses of any and all previous busine:
the applicant has been employed as a massage technician or holistic health pract
applicant;
massage technician previously was denied the applicant or revoked and,
circumstances of such denial or revocation;
shall be taken by the Chief of Police or his agent;
be submitted to the Chief of Police and shall contain the following information:
D. The criminal record, if any, other than minor traffic violatic
E. Whether any license to perform as a holistic health prac
F. A photograph and complete set of the applicant's fingerpl
G. Written proof that the applicant is over the age of eighteen y
H. A certificate signed by a medical doctor stating that the
within thirty days immediately prior to filing his or her application herein, has beer
and found to be -free of syphilis, tuberculosis or other contagious or communicat
which is likely to be communicated during the administration of a massage;
I - Applicant must furnish a diploma or certificate of graduat
recognized school or other institution of learning wherein the method, professior
of massage is taught. Proof of successful completion of two hundred hours of st
recognized school is required for a massage technician license and proof of
holistic health practitioner license. The City has the right to confirm the fa'
applicant has actually attended classes in a recognized school for the afore
minimum time periods. In lieu of the foregoing educational requirements, an apF
massage technician license may submit verifiable written proof that he or she h
been engaged in practice as a massage technician for not less than one ye:
passed the national certification examination for massage therapists and bodywol
J. Before a license is issued to a holistic health practitione
membership in a state or nationally recognized organization devoted to and or!
the benefit and furtherance of holistic health practitioner practices as approved
Manager. In the event of a dispute regarding a decision of the City Manager
section, an aggrieved person may appeal to the City Council by filing an appeal VI
Clerk within ten calendar days of the written notice of decision by the City Manag
filing an appeal under this section shall be established by a resolution of the Cil
The decision of the City Council shall be final;
K. Before a license is issued to a holistic health practitioner, th
shall deliver a policy of insurance executed by a company duly authorized under
this state to do insurance by the provisions of which policy such company prc
completion of one thousand hours of study from a recognized school is reql
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undertakes to pay in full all legal liability incurred by the insured for damages to 1
property resulting from such a practice in an amount as established by a resolu
City Council.
5.1 6.21 5 lnvestiuation fee-Massaue technician and holistic health
practitioner.
A nonrefundable fee as set by resolution of the City Council shall accol
submission of each application for a holistic health practitioner or massage
license to defray in part the costs of investigation. The fee shall not be in lieu 01
be in addition to, the license fee to be paid pursuant to the terms of this chapter.
5.16.220 License investiuation-Massaue technician and holistic health
practitioner.
Upon receipt of a completed application and fee, the Chief of Police st-
reasonable time, not to exceed sixty days, in which to verify the application inforl
to investigate the background of the applicant. Upon completion of that process
of Police shall issue the license if it is found that:
jurisdiction of;
1. An offense involving the use of force or violence
person of another,
2. Any crime requiring registration under Section 2
California Penal Code, of any violations of Sections 2661, 315, 316, 318 or Subdiv
Section 647 of the Penal Code,
3. Any felony offense involving the sale of a controlled
4. Any of the above substantive offenses as defined in
any jurisdiction other than the state;
B. The applicant has not knowingly and with intent to deceive
false, misleading or fraudulent statement of fact in the license application or in
document required by the City in conjunction therewith;
If one or more of the above described findings cannot be
license shall be denied. In the event of denial, notifications and reasons for den
set forth in writing by the Chief of Police and shall be sent to the applicant bb
registered or certified mail or hand delivery. The denied applicant shall, at his ele
the right to a hearing before the City Manager pursuant to the terms of this chap1
a hearing is not requested within ten days of the notice of denial by the Chief of
denial shall be final.
5.1 6.240 Transfer of license.
A. The applicant has not been convicted in a court of
specified in Sections 11054, 11055, 11056, 11057 or 11 058 of the Health and Sal
No holistic health practitioner or massage technician license is transferablc
5.16.250 Possession and Dosting of license.
Each massage business licensee shall post in a conspicuous place
massage business the individual license of each massage technician or hol
practitioner performing massages in the business. Holistic health practitioners s
valid license in their possession when administering an off-premises massage.
5.16.255 Massaue technician and holistic health practitioner operatinu
reauirements.
The operating requirements for massage technicians and holistic health p
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are as follows:
A. No massage technician or holistic health practitioner, while perfc
task or service associated with the business of massage, shall be present in any
another person unless the person's specified anatomical areas are fully covered;
B. No massage technician or holistic health practitioner shall
premises of a massage business during its hours of operation while performing c
to perform any task or service associated with the operation of a massage businc
the massage technician or holistic health practitioner is fully covered from a p
exceed four inches above the center of the kneecap to the base of the neck, exc
arms, with the following exception: shorts may be worn so long as they extenc
leg a minimum of three inches from the crotch, and the body above that PC
covered to the base of the neck, excluding the arms. In addition, no massage tel
holistic health practitioner shall perform any task or service associated with the t
massage while in the presence of another person unless the massage techniciar
health practitioner is fully covered from a point not to exceed four inches above th
the kneecap to the base of the neck, excluding the arms, with the following c
shorts may be worn so long as they extend down the leg a minimum of three ir
the crotch, and the body above that point is fully covered to the base of the neck
the arms. For purposes of this subsection, the covering, which includes trouser
shorts, will be of an opaque material and will be maintained in a clean ar
condition;
C. No massage technician or holistic health practitioner, while
any task or service associated with the business of massage, shall massage or ir
touch the specified anatomical areas of another person or allow another person ti
or intentionally touch the specified anatomical areas of the massage technician
health practitioner.
5.16.260 Suspension or revocation of license.
In the event that any person holding a license issued pursuant to tt
violates or causes or permits to be violated any of the provisions of this char
provision of any other ordinance or law relating to or regulating massage t
holistic health practitioners, or massage technicians, or conducts or carrier
business or occupation in an unlawful manner or in such manner as to constik
nuisance, the City Manager'may, in addition to other penalties provided by
suspend or revoke the license as follows:
A. The City Manager shall notify the licensee in writing of th
action and the reasons therefor, and of the right to request a hearing in regard tht
licensee files a written request for hearing with the City Manager within ten (
notice;
C. If a notice of hearing is received, the City Manager shall
accord with Section 5.1 6.270.
5.16.270 Hearing.
Any person who has been denied a license by the Chief of Police or who
pursuant to this chapter and who has received a notice of intent to suspend or
license may request a hearing before the City Manager. Upon receipt of a tin
request for hearing, the City .Manager shall call a hearing and shall set forth in
send to the applicant or licensee or permittee, by means of registered mail, certi
hand delivery, notice that within a period of not less than five days nor more th
days from the date of the posting of the notice, a hearing shall be conducted tc
B. The action indicated in the written notice shall be final
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the existence of any facts which constitute grounds for the denial, suspension or
of a license or permit. The notification shall include the date, time and place of tt-
The hearing shall be conducted by a hearing officer appointed by the City Man;
applicant, licensee or permittee may have the assistance of counsel or may
counsel and shall have the right to present evidence. In the event that the
licensee or permittee, or counsel representing the applicant, licensee or permittc
appear at the hearing, the evidence of the existence of facts which constitute g
the denial, suspension or revocation of the license or permit shall be considered L
The hearing need not be conducted according to the rules of evidence. An
evidence may be admitted and considered by the City Manager if it is the sort o
on which responsible persons are accustomed to rely in the conduct of seriol
Objections to evidence shall be noted and a ruling given by the hearing officer.
the decision of the hearing officer specifying findings of fact and the reasons for tt
shall be furnished to the applicant or licensee. The hearing officer shall inform
against whom the decision is rendered of his right to appeal to the City Council F
this chapter. Any decision not so appealed is final.
5.1 6.280 Appeal.
Within ten days after receipt of the decision of the hearing officer, any par
by the decision may file with the City Clerk a written request for a public hearing
City Council. Upon the filing of such a request, the City Clerk shall, within fou
thereafter, set the matter for a hearing and shall notify the appellant of the date
place of such hearing at least five days before the hearing date. At the hearing, i
may present evidence in opposition to, or in support of, appellant’s case. At the
of the hearing, the City Council shall either grant or deny the appeal, and the deci
City Council shal-l be final.
5.1 6.290 lniunctive relief.
In addition to the legal remedies provided for in this code, the operat
massage business in violation of the terms of this chapter is a public nuisance a
enjoined by the City.
5.1 6.300 ExemDtions.
This chapter shall not apply to:
A. Physicians, surgeons, chiropractors, osteopaths, ps
psychologists, clinical social workers, family counselors and clergymen who are
practice their respective professions in the state or who are permitted to practice
under the auspices of an associate or business duly licensed in the state;
B. Nurses who are registered under the laws of this state
administer a massage in the normal course of nursing duties;
C. A trainer of any duly constituted athletic team who ad1
massage in the normal course of training duties;
D. Barbers and beauticians who are duly licensed under the I
state and who administer a massage in the normal course of their duties;
E. Any duly licensed business in which the above describt
practice their respective professions;
F. Hospitals, nursing homes, sanitariums, persons holding an
certificate to practice the healing arts under the laws of the state, or persons wo
the direction of any such person or in any of such businesses.
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5.1 6.310 Violations.
guilty of a misdemeanor punishable as provided in Section 1.08.01 0.
5.1 6.320 Massaae business license fee.
Any person obtaining a massage business license shall pay to the license
license fee in an amount established by City Council resolution and payable
license issues. This license fee shall be in lieu of a business license tax.
5.16.330 Massaqe technician and holistic health Practitioner license fee.
Any person obtaining a license to act as a holistic health practitioner o
technician shall pay to the license collector a license fee in an amount establisl
Any person who violates any of the provisions of this chapter upon co
City Council resolution. This license fee shall be in lieu of a business license tax.
5.1 6.340 Massaae technician trainee license.
The following provisions apply to a massage technician trainee license:
A. Any person who qualifies for a massage technician license
educational requirement of Section 5.16.210 may obtain a trainee license. SL
must be enrolled in a “recognized school” and submit a letter from the school SI
date the applicant was officially enrolled and the estimated date the applicant will
Applicants may also provide verifiable proof that they are registered to take tl
certification examination for therapeutic massage and bodywork in lieu of the z
requirement;
B. Applicant shall also submit a letter signed by the owner of i
business, or their representative, stating their willingness to employ the appli
massage as a massage technician trainee working under the direct supervision i
of a licensed massage technician or holistic health practitioner during the time th
is completing a course of study as a massage technician at a recognized school
massage and bodywork;
C. The massage trainee license shall expire one year forn
issued and is not renewable, except in the case of sickness or accident for which
education or certification exam was delayed. Applicant is expected to s
complete the massage technician course of study or pass the national (
examination for therapeutic massage and bodywork during the one-year time
license is valid. The trainee must at all times comply with all laws and ordinanc
and the failure to comply may render the applicant ineligible to obtain i
technician’s license.
5.1 6.350 Massaae school license.
It is unlawful for any person to operate massage school in the City unless
has qualified as a “recognized school” as defined in this chapter. If a school so
shall be treated as a massage business for licensing purposes and shall be si
provisions of this chapter applicable thereto.
Any persons employed in the school and involved with giving massage fol
or other purposes, shall be considered massage technicians for licensing pu
shall be subject to provisions of this chapter applicable thereto.
5.1 6.360 Constitutionalitv.
applicant has successfully passed the national certification examination for
If any section, subsection, sentence, clause or phrase of this chapter is fo
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1 any reason held to be invalid, such decision shall not affect the validity of the
any one or more sections, subsections, sentences, clauses or phrases be declare 3
each section, subsection, sentence, clause or phrase thereof, irrespective of th 2 portions of this chapter. The Council declares that it would have adopted the cI
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5.16.370 Interpretation.
This chapter shall be construed liberally in favor of regulation as del
necessary and appropriate by the Chief of Police for the public protection and WI
in order to accomplish its purpose and intent.
EFFECTIVE DATE: This ordinance shall be effective thirty days after it!
and the city clerk shall certify the adoption of this ordinance and cause it to be p
9 least once in a newspaper of general circulation in the City of Carlsbad within fi
10 after its adoption.
11 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad C
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on the 4th day of November , 1997, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of
Carlsbad on the Xhday of November , 1997, by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, and H
NOES: None
ABSENT: None
APPROVED AS TO FORM AND LEGALITY
\,u&L:q
RONALD R. BALL, C@ib/;ney
I 24 ATTEST:
25 &QnL 2-Q-
ALETHA L. RAUTENKRANZ, City Clerk’ 26
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