HomeMy WebLinkAbout2000-11-07; City Council; NS-560; CMC 5.16 amends - Massage business rqmts clarification...1
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ORDINANCE NO. ~~-560
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING CHAPTER 5.16 OF THE
CARLSBAD MUNICIPAL CODE TO CLARIFY THE REQUIREMENTS
FOR OBTAINING A MASSAGE BUSINESS, A MASSAGE
TECHNICIAN, OR A HOLISTIC HEALTH PRACTITONER LICENSE
AND TO ESTABLISH A REAPPLICATION WAITING PERIOD.
The City Council of the City of Carlsbad, California, does ordain as
follows:
SECTION 1: That section 516.020, paragraph (F) of the Carlsbad
Municipal Code is amended to read as follows:
“5.16.020 Purpose and intent. For purposes of this chapter, the following words and phrases shall have
the meanings ascribed to them in this section . . . .
F. “Off-premises massage” means the activity of providing massage
services at a location other than the premises designated in the license of a massage
business pursuant to this chapter.”
SECTION 2: That section 516.030 of the Carlsbad Municipal Code is
amended to read as follows:
“516.030 Massage business 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 in the city a massage
business unless a license for the operation of the massage business has been issued to
the person by the chief of police and unless the license remains in effect in conformity
with the provisions of this chapter. Except as provided in section 516.085, any license
issued pursuant to this section shall be valid for five years from the date of issuance,
unless suspended or revoked.”
SECTION 3: That section 5.16.050, paragraph (L) of the Carlsbad
Municipal Code is amended to read as follows:
“5.16.050 License amlication - Massaae business.
Each application for a massage business license shall be submitted to the
chief of police and shall contain the following information . . . .
L. The history of the applicant in operating a massage business or
similar business or occupation, including, but not limited to, whether the applicant has
Ordinance No. NS-560 Page 1 of 6
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had a massage business license, a massage technician or holistic health practitioner
license, or a similar license denied, revoked, or suspended by any public agency and, if
so, the reasons for and the circumstances surrounding the denial, revocation, or
suspension;”
SECTION 4: That section 5.16.080 if the Carlsbad Municipal Code is
amended to read as follows:
“5.16.080 Issuance or denial of license. Based on the results of the chief of police’s investigation and upon the
reports received from other city departments, the chief of police shall issue the license if
the chief of police 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 or, in the case of an applicant which is a
corporation or partnership, any officer, director, or holder of ten percent or more of
corporation stock, has not been:
1. The subject of a permanent injunction issued under
California Penal Code sections 11225 et seq. or a similar law in another jurisdiction; or
2. Convicted in a court of competent jurisdiction of:
a. An offense involving the use of force or violence upon
the person of another;
b. A crime requiring registration under Section 290 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;
C. Any felony offense involving the sale of a controlled
substance specified in Section 11054, 11055, 11056, 11057, or 11058 of the California
Health and Safety Code; or
d. Any act in another jurisdiction, which if committed in
California, would be a violation of any of the above or would be grounds for denial,
suspension, or revocation of a license under this chapter;
C. That the applicant has not knowingly and with intent to deceive
made any false, misleading or fraudulent statement of fact in the license application, in
any related document, or in connection with the application process;
D. That the applicant has not had a massage business license, a
massage technician or holistic health practitioner license, or a similar license denied,
suspended, or revoked for cause by any public agency; and E. That the applicant has met all of the requirements of this chapter.
If one or more of the above findings cannot be made, the license shall be
denied. However, in determining whether the above findings can be made, the chief of
police shall disregard events that occurred more than seven years prior to the
application date if the applicant demonstrates rehabilitation.
In the event of denial, notification of and the reasons for denial shall be set
forth in writing by the chief of police and shall be either hand delivered to the applicant
or sent by registered or certified mail. The applicant shall, at the applicant’s election,
have the right to receive a hearing before the city manager or the city managers
Ordinance No. NS-Shfi Page2 of 6
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designee pursuant to the provisions of this chapter. If such a hearing is not requested
within ten days of the notice of denial by the chief of police, the denial shall be final.”
SECTION 5: That the Carlsbad Municipal Code is amended by the
addition of section 5.16.085 to reads as follows:
“5.16.085 Conditional issuance of license.
The chief of police may condition the issuance of a massage business
license as necessary to carry out the purposes of this chapter, including, but not limited
to, reducing the term of the license to less than five years.”
SECTION 6: That the Catlsbad Municipal Code is amended by the
addition of section 5.16.090 to reads as follows:
“5.16.090 Reapplication after denial.
An applicant whose massage business license application is denied under
this chapter may not reapply for a license until one year after the date the denial is
final.”
SECTION 7: That section 5.16.190 of the Carlsbad Municipal Code is
amended to read as follows:
“5.16.190 Massage technician or holistic health practitioner license
rewired.
No person shall administer a massage for any form of consideration within
the city unless the person has been licensed as a massage technician or holistic health
practitioner by the chief of police and unless the license remains in effect in conformity
with the provisions of this chapter. Except as provided in section 5.16.225, any license
issued pursuant to this section shall be valid for five years from the date of issuance,
unless suspended or revoked.”
SECTION 8: That section 5.16.210, paragraphs E, J, and K, of the
Carlsbad Municipal Code are amended to read as follows:
“5.16.210 License application - Massage technician and holistic
health practitioner.
Each application for a massage technician or holistic health practitioner
license shall be submitted to the chief of police and shall contain the following information . . . .
“E. Whether the applicant has previously had a massage business license, a massage technician or holistic health practitioner license, or a similar license
denied, suspended, or revoked by any public agency and, if so, the reasons for and
circumstances surrounding the denial, suspension, or revocation;
Ordinance No. ~~560 Page 3 of 6
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“J. Before a license is issued to a holistic health practitioner, the
applicant must furnish proof of membership in a state or nationally recognized
organization devoted to and organized for the benefit and furtherance of holistic health
practitioner practices as approved by the city manager. In the event of a dispute
regarding a decision of the city manager under this section, an applicant may appeal to
the city council by filing an appeal with the city clerk within ten calendar days of the
written notice of decision by the city manager. The fee for filing an appeal under this
section shall be established by a 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 deliver a policy of insurance in an amount established by resolution of
the city council, from a carrier admitted and authorized to do business in California, and
under which the carrier promises and undertakes to pay in full all legal liability incurred
by the practitioner for damages to persons or property resulting from the practitioner’s
practice.”
SECTION 9: That section 5.16.220 of the Carlsbad Municipal Code is
amended to read as follows:
“5.16.220 License investirration and issuance - Massaqe technician
and holistic health practitioner.
Upon receipt of a completed application and fee, the ,chief of police shall
have a reasonable time, not to exceed sixty days, in which to verify the application
information and to investigate the background of the applicant. Upon completion of that
process, the chief of police shall issue the license if the chief of police finds:
A. That the applicant has not been the subject of a permanent
injunction issued under California Penal Code sections 11225 et seq. or a similar law in
another jurisdiction;
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;
2. A crime requiring registration under Section 290 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;
3. Any felony offense involving the sale of a controlled
substance specified in Section 11054, 11055, 11056, 11057, or 11058 of the California
Health and Safety Code; or
4. Any act in another jurisdiction, which if committed in
California, would be a violation of any of the above or would be grounds for denial,
suspension, or revocation of a license under this chapter;
C. That the applicant has not knowingly and with intent to deceive
made any false, misleading or fraudulent statement of fact in the license application, in
any related document, or in connection with the application process;
Ordinance No. Ns-560 Page 4 of 6
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D. That the applicant has not had a massage business license, a
massage technician or holistic health practitioner license, or a similar license denied,
suspended, or revoked for cause by any public agency; and
E. That the applicant has met all of the requirements of this chapter.
If one or more of the above findings cannot be made, the license shall be
denied. However, in determining whether the above findings can be made, the chief of
police shall disregard events that occurred more than seven years prior to the
application date if the applicant demonstrates rehabilitation.
In the event of denial, notification of and the reasons for denial shall be set
forth in writing by the chief of police and shall be either hand delivered to the applicant
or sent by registered or certified mail. The applicant shall, at the applicant’s election,
have the right to receive a hearing before the city manager or the city manager’s
designee pursuant to the provisions of this chapter. If such a hearing is not requested
within ten days of the notice of denial by the chief of police, the denial shall be final.”
SECTION 10: That the Carlsbad Municipal Code is amended by the
addition of section 5.16.225 to read as follows:
“5.16.225 Conditional issuance of license.
The chief of police may condition the issuance of a massage technician or
holistic health practitioner license as necessary to carry out the purposes of this
chapter, including, but not limited to, reducing the term of the license to less than five
years.”
SECTION 11: That the Carlsbad Municipal Code is amended by the
addition of section 5.16.230 to read as follows:
“5.16.230 Reapplication after denial.
An applicant whose massage technician or holistic health practitioner
license application is denied under this chapter may not reapply for a license until one
year after the date the denial is final.”
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption, and the City Clerk shall certify the adoption of this ordinance and cause it to
be published at least once in a newspaper of general circulation in the City of Carlsbad
within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad
City Council on the 24th day of October ,2000, and thereafter
Ordinance No. ~~-560 Page 5 of 6
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PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Carlsbad on the 7th day of November , 2000, by the following vote,
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AYES: Council Members Lewis, Hall, Finnila, Nygaard and
NOES: None
ABSENT: None
APPROVED AS TO FORM AND LEGALITY
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RONALD R. BALL, City Attorney
/l-Y?- ma
II ATTEST: c
mcl;n .m
. WOOD, City Clerk
Ordinance No. NS-560 Page 6 of