HomeMy WebLinkAbout1992-10-06; City Council; 11919; AMENDMENT TO CARLSBAD MUNICIPAL CODE RELATING TO MASSAGE ESTABLISHMENTS, MASSAGE TECHNICIANS, AND HOLISTIC HEALTH PRACTITIONERS0.' i
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aY OF CARLSBAD - AGWA BILL dp
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CODE RELATING TO MASSAGE MTG, 10-6-92
TITLE: AMENDMENT TO CARLSBAD MUNICIPAL
DEPT. RES ESTABLISHMENTS, MASSAGE TECHNICIANS,
AND HOLISTIC HEALTH PRACTITIONERS
DEPT.
CITY A
CITY M
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RECOMMENDED ACTION:
1. Introduce Ordinance No. Ns-2 I 6 amending Carlsbad Municipal Code Chaptl
provide for the licensing of holistic health practitioners and allowing them to administer
therapy in licensed massage establishments or off-premises.
2. Adopt Resolution No. 92-29 7 establishing a holistic health practitioner license fe
fee, insurance requirement, investigation fee, renewal fee, and massage technician license
ITEM EXPLANATION:
As directed by Council at its meeting of September 22,1992, staff has revised the proposed (
to allow holistic health practitioners to administer massage therapy in homes, businesses a1
or hotels between the hours of 6 a.m. and 11 p.m. The ordinance includes a sunset clause
repeal revisions made by the proposed ordinance unless it is extended or the sunset
repealed prior to June 1,1993. The proposed ordinance has also been revised to require pn
to provide proof of membership in a massage therapist association approved by the City Mar
proof that they are in possession of liability insurance in an amount to be established b
Resolution. The ordinance also revises the code so that investigation fees, renewal fees and
technician license fees are established by resolution to facilitate future changes. Those fe
not be revised by the proposed resolution.
The proposed resolution requires proof of one million dollars in liability insurance for a pra
license and establishes a fifty dollar fee for those wishing to appeal the City Manager's
regarding membership in an approved association. The resolution also establishes an annual
license fee for holistic health practitioners.
FISCAL IMPACT:
Staff does not anticipate any substantial fiscal impact from adoption of the proposed ordin:
No cost estimate is available for the Police Department resources which may be needed to er
ordinance.
EXHIBITS:
1. Proposed Revisions to Chapter 5.1 6.
2. Ordinance No. AIS- 2 / L .
3. Resolution No. 92" 7 9 -7.
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RESOLUTION NO. 92-297
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A RESOLUTION OF THE CITY OF CARLSBAD,
CALIFORNIA, ESTABLISHING HOLISTIC
HEALTH PRACTITIONER LICENSE FEE.
I WHEREAS, the City Council has determined it to be in the public interest to licer
1 holistic health practitioners; and
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsba 8
by City Council Resolution pursuant to Carlsbad Municipal Code Chapter 5.16;
WHEREAS, fees to offset the cost of regulating their operations are to be establi
9 1 California, as follows:
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1. That the above recitations are true and correct.
11 2. That an annual license fee of fifty dollars ($50) shall be collected from all
I.2 holistic health practitioners desiring to operate in the City of Carlsbad after license
l3 11 applications are approved by the Police Chief and prior to receiving those licenses.
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3. That an annual license fee of one hundred dollars ($1 00) shall be collect
from all massage technicians desiring to operate in the City of Carlsbad after license
ll applications are approved by the Police Chief and prior to receiving those licenses. 17
18 I/ 4. That a license renewal fee as required by section 5.1 6.200 shall be twen
19 11 dollars ($25).
20 5. lhat an investigation fee as required by section 5.1 6.21 5 shall be fifty dc
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($50).
6. The limits of liability for proof of insurance as required by section 5.1 6.21
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shall be one' million dollars combined single-limit for property dapage or personal injur
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A. 7. The fees for appeals of the City Manager's decision under section 5.1 6.:
shall be fi& dollars ($50). , .. ,. .
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Counci
on the 6th day of OCTOBER, 1992 by the following Vote, to wit:
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AYES: Council Members Lewis, Kulchin, Larson, Stanton, Nygaard
NOES: None
ABSENT: None
ATTEST:
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ALETHA L RAUTENKRANZ, City Cleak 10
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(SEAL)
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PROPOSED REVISIONS TO CHAPTER 5.16
(Deletions are lined out and additions are shaded.)
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revoked.
5.16.2200 Renewd of license - Fee.
If, on or before the forty-fifth day prior to the expiration date of a currently valid massage
the chief of police shall grant such renewal; provided that all facts set forth on the original
application are substantially the same; and provided the applicant has furnished a certified
statement from a medical doctor stating that the applicant, within w days immediately prior to
filing his application, has been examined and found to be free from any contagious or
communicable disease which is likely to be communicated during the administration of a massage;
and provided that such application is accompanied by a fee ~~~~~~~~~~~~~~~~~~~~~~~ ;mmd <, no part of which is refundable.
technician ~~~~~~~~~~~~~~~~ license, the licensee applies for fie renewal of the license,
,.y.:p.... in. ..,.. . ..,.. . ..,... ..... . ..... . ..,.. .: ......... :.:.: ...... _................ ..: .______..~._. . ....... ..... .................... ................... ~~'~~~~~~~~'~~'~~
................ :.:.:.:.:..A. .... :.:.:.:+:.:m. ................................. .: ..., ............................................................
... :,:.:.: ... :.~,..~.~,~.~.~~.~.~,~., .................................................................................................... ..__ ................................
5.16210 - .. License procedures.
Each application for a massage technician ~~~~~~h""frh~~~~~~ license shall be submitted :.:.:.:.:.:<, .:.:.:... .................... :.:::.:.:y. .. ..,..~. .......................... ......... ..:.:.:.:.:.: to the chief of police and shall contain the fo~o~g.~o~a~on.~
(a) The applicant's full name, residential address and telephone number;
(b) The name and address and telephone number of the massage establishment where the
(c) The names and addresses of any and all previous establishments where applicant has been
(d) The criminal record, if any other than minor traffic vlolations, of the applicant;
applicant is to be employed and the name of the owner of same;
employed as a massage technician :@&&~E'f&& .#&&&~@;
......................................................................... .... ............................................. ...
(e) Whether any license to perfom as a #g$&@fi& p&&gj@pJ, or massage technician
previously was denied the application or revoked and, If so, the clrcumstances of such denial or
revocation;
(f) Three portrait photographs at least two inches by two inches and a complete set of the
applicant's fingerprints which shall be taken by the chief of police or his agent;
(g) Written proof that applicant is over tho age of eighteen years;
(h) A certificate from a medical doctor stating that the applicant, within thirty days immediately
prior to filing his application herein, has been examined and found to be free from any contagious
or communicable disease which is likely to be communicated during the administration of a
massage; t
(i) Applicant must furnish a diploma or certificate of graduation from a recognized school or
other institution of learning wherein the method, profession and work of massage - is
:,..:.:.::f~:~:.:.:.:.:.:.~.~.~.~.~~.~.~:.~.:.~.~~.~.~.~...~.~.:.:.:.:.:.:.~.:.~:~.:.:.:.:.:.:.:
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minimum time periods. In lieu-of the foregoing educatioh requirements, an applicant for a
massage technician license may submit written verifiable proof that he or she has actually been
engaged in practice as a massage technician for not less than one year prior to the effective date
of this chapter in the county and shall successfully pass an examination in massage techniques to
be administered by the city with the assistance of persons technically qualified to evaluate
competency in massage techniques.
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1 II ORDINANCE NO.NS-216
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\ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY 1 TITLE 5, CHAPTER 5.16 OF THE CARLSBAD MUNICIPAL
d CARLSBAD, CALIFORNIA, AMENDING VARIOUS SECTIONS OF
CODE RELATING TO THE PRACTICE OF MASSAGE. \
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"MASSAGE ESTABLISHMENTS, MASSAGE TECHNICIANS AND HOLISTIC H 8
amended to read as follo s: 7
SECTION I: That the title of Title 5, Chapter 5.1 6 of the Carlsbad Municipal Cod1 6
The City of Carlsbad! California does ordain as follows:
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11 the amendment of Section 5.1 6.01 O\{o read as follows:
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PRACTITIONERS \\ \ 1 SECTION II: That Title Skhapter 5.16 of the Carlsbad Municipal Code is amen ' \,
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"5.1 6.01 0 Purpose and Intent.: \ It is the purpose and intent of this chapter to pro\
the orderly regulation of the massage\business in the city by the adoption of a licl
procedure for massage establishments, fivlistic health practitioners, and massage techn
It is determined to be necessary to further Rreserve and protect the health, safety and we1
the inhabitants of this city through the eqactment of standards of sanitation, profe:
competence, fire safety and building construction in regard to massage establishments, I
health practitioners, and massage technicians?, The business of massage is designated
1 regulated*
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The ordinances codified in this chapter ar adopted pursuant to Chapter 6, Pa l7
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Division 1 of Title 5 (Sections 51 030 through 51 034) 1 f the California Government Code anc
applicable laws." \
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"(c) "Massage technician" means any person who has\obtained a massage techn 21
SECTION 111: That Title 5, Chapter 5.16 of the &ylsbad Municipal Code is amenc
\\ 20 the amendment of Section 5.1 6.020 (c) to read as follows:.\,
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license pursuant to this chapter." ' 22
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SECTION IV: That Title 5, Chapter 5.16 of the Carlsbad bynicipal Code is arnenc
the amendment of Section 5.16.020 (e) to read as follows: '. '*~
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"(e) "Holistic health practitioner" means any person who has bbtained a holistic
SECTION V: That Title 5, Chapter 5.16 of the Carlsbad Municipd Code is amend
practitioner's license pursuant to this chapter." I$.*\ ',
the amendment of Section 5.1 6.020 (9 to read as follows: \,,
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t I1 "(9 "Off-premise massage" means the activity of providing massage services at a Ic 3.
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other than premises licensed as a massage establishment pursuant to this chapter."
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SECTIONVI: That Title 5, Chapter 5.16 of the Carlsbad Municipal Code is amen \ \. the addition of Sectton 5.1 6.020 (9) to read as follows:
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\, "(9) "Recognized school" means any school or institution of learning which has
purpose the teaching 'of a course consisting of the theory, ethics and practice, mc
profession or work of assa age in not less than three calendar months, and which sc,
institution of learning requires a resident massage technician or holistic health practitio
furnished with a diploma or certificate of graduation from such school or institution of IC
showing successful completion of such course of study already approved by the Californi
Department of Education or other comparable agency in another state. Schools c
correspondence courses not requiring actual attendance at class shall not be dee
recognized school."
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11 the addition of Section 5.16.020 (h) to read as follows:
SECTION VII: That Title 5, Chapter 5.1 6 of the Carlsbad Municipal Code is amen
12 "(h) "Specified anatomical areas" means human genitals, pubic region, anus, pe
or female breasts below a point immediately above the top of the areola."
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l6 who is or will be employed in the establishment;"
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SECTION VIII: That Title 5, Chapter 5.1 6 of the Carlsbad Municipal Code is amen
the amendment of Section 5.16.050 (0) to read as follows:
"(0) The name and address of each m,assage technician or holistic health praci
SECTION IX: That Title 5, Chapter 5.16 of the Carlsbad Municipal Code is amenc
l8 // the deletion of Section 5.1 6.090.
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SECTION X: That Title 5, Chapter 5.16 of the Carlsbad Municipal Code is amen(
I1 the amendment of the first sentence of Section 5.1 6.105 (c) to read as follows: 21
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"(c) No owner, operator, responsible managing employee, manager or permittee in c
of or in control of a massage establishment shall permit any employee to be on the premi
a massage establishment during its hours of operation of a massage business unle!
employee is fully covered from a point not to exceed four inches above the center of the kn
to the base of the neck excluding the arms, with the following exception: shorts may be w
long as they extend down the leg a minimum of three inches from the crotch, and the
above the point is fully covered to the base of the neck, excluding the arms."
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the amendment of Section 5.16.160 to read as follows: 27
SECTION XI: That Title 5, Chapter 5.16 of the Carlsbad Municipal Code is amenc
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"5.16.160 Massagist licensees to be employed. No massage establishment li
shall employ, or otherwise allow, any person to perform as a massage technician or
health practifiDner who is not so licensed under the terms of this chapter."
SECTlOy XII: That Title 5, Chapter 5.16 of the Carlsbad Municipal Code is amen
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/ the amendment of\Section 5.16.170 to read as follows: \ "5.1 6.1 70 Ma*ages at permitted locations only. No person shall administer a mi or permit a massage to.,be administered at or upon any location or premises other than a
licensed massage estaelishment except that validly licensed holistic health practitione
administer off-premises massages between the hours of 6:OO a.m. and 11 :00 p.m. The
of massages at hours othhr than these is prohibited.
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SECTION XIII: That Title 5, Chapter 5.1 6 of the Carlsbad Municipal Code is amen
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the amendment of the first sentence of Section 5.1 6.1 80 to read as follows:
"Every person operating ahassage establishment under a license issued pursuan.
chapter shall keep a record of the 'Mate and hour of each treatment, the name and add1
the patron, and the name of the employee administering such treatment." \
SECTION XIV: That Title 5, Chapter 5.1 6 of the Carlsbad Municipal Code is amem \ '\ \ the amendment of Section 5.1 6.1 90 to read, as follows: '\ 1
"5.1 6.1 90 Massage technician or hdqstic health practitioner license require1
person shall administer a massage for any forF of consideration within the city unles!
person has been licensed as a massage technician or holistic health practitioner by the (
police of the city and unless such license remaink in effect in conformity with the provis
this chapter. Any license issued pursuant to this se&on shall be valid for one year from tt
of issuance, unless suspended or revoked." \,
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SECTION XV: That Title 5, Chapter 5.1 6 of the b.arlsbad Municipal Code is amer
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by the amendment of the first sentence of Section 5.1 6.2h to read as follows:
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"If, on or before the forty-fifth day prior to the expiration'date of a currently valid me
technician or holistic health practitioner license, the licensee\applies for the renewal
license, the chief of police shall grant such renewal; provided that all facts set forth (
original application are substantially the same; and provided the applicant has furnis
certified statement from a medical doctor stating that the applicant, within thirty days imme
prior to filing his application, has been examined and found to be free from any contagi
communicable disease which is likely to be communicated during the administratior
massage; and provided that such application is accompanied by a fee as set by resolution
city council, no part of which is refundable."
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SECTION XVI: That Title 5, Chapter 5.1 6 of the Carlsbad Municipal Code is amenc
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the amendment of Section 5.16.210 to read as follows:
“5.1 6.21 0 License procedures. Each application for a massage technician or
health practitioner license shall be submitted to the chief of police and shall contain the fo
information:
(a) The applicant’s,full name, residential address and telephone number;
(b) The name and dddress and telephone number of the massage establishmen
(c} The names and addresses of any and all previous establishments where ai
(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 tecl
previously was denied the applicant or revoked and, if so, the circumstances of such dc
revocation; (9 Three portrait photographs at least two inches by two inches and a completc
the applicant’s fingerprints which shall be taken by the chief of police or his agent;
(9) Written proof that applicant is over tho age of eighteen years;
(h) A certificate from a medical doctor stating that the applicant, within thirt
immediately prior to filing his application, herein, has been examined and found to be frc
any contagious or communicable disease which is likely to be communicated duri
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
Proof of successful completion of 200 hours of study from a recognized school is requi
massage technicians and proof of successful completion of 1,000 hours of study .
recognized school is required for holistic health practitioners. The city has the right to c
the fact that the applicant has actually attended classes in a recognized school f
aforementioned minimum time periods. In lieu of the foregoing educational requiremer
applicant for a massage technician license may submit written verifiable proof that he or SI
actually been engaged in practice as a massage technician for not less than one year F
the effective date of this chapter in the county and shall successfully pass an examina
massage techniques to be administered by the city with the assistance of persons tech
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the applicant is to be employed and the name of the owner of same;
has been employed as a massage technician;
~ qualified to evaluate competency in massage techniques.
~ (j) Before a license is issued to an holistic health practitioner, proof of memberst-
state or nationally recognized organization devoted to and organized for the benei
furtherance of holistic health practice as approved by the citymanager. In the event of a c
~ regarding a decision of the city manager under this section, a4 aggrieved person may ap,
the city council by filing an appeal with the city clerk within 10 calendar days of the date
written notice of decision by the city manager. Fees for filing an appeal under this sectio
be established by a resolution of the city council. The decision of the city council shall b
(k) Before a license is issued to a holistic health practitioner, the applicant shall (
a policy of insurance executed by a company duly authorized under the laws of this state
insurance by the provisions of which policy such company promises and undertakes to 1 full all legal liability incurred by the insured for damages to persons or property resultin!
such practice in an amount as established by a resolution of the city council.
I SECTION XVII: That Title 5, Chapter 5.1 6 of the Carlsbad Municipal Code is am€
by the amendment of the Section 5.16.215 to read as follows:
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"5.1 6.21 5 Investigation fee. A non-refundable fee as set by resolution of the city 1 I
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shall accompany the submission of each application for a holistic health practitioner or m8
technician license to defray in part the costs of investigation. The fee required by this 1
shall not be required for an application to renew a license granted pursuant to this che
3 for holistic health practitioner license applications if the applicant possesses a valid Ci
massage technician license. The fee shall not be in lieu of, and shall be in addition to, the
4 fee to be paid pursuant td,the terms of this chapter."
5 SECTION XVIII: ThJ\.Title 5, Chapter 5.16 of the Carlsbad Municipal Code is am1
by the deletion of Section 5.16.230. 6
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9 license is transferable."
SECTION XIX: That Title,,5, Chapter 5.1 6 of the Carlsbad Municipal Code is amen1
the amendment of Section 5.1 6.240 to read as follows:
"5.16.240 Transfer of license. No holistic health practitioner or massage tecl
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SECTION XX: That Title 5, Chapter 5.1 6 of the Carlsbad Municipal Code is amen,
the amendment of Section 5.1 6.250 to read as follows:
"5.16.250 Possession and posting of license. Each massage establishment lic
shall post in a conspicuous place within the massage establishment the individual license c
massage technician or holistic health practitioner performing massages in the establisl
Holistic health practitioners shall have a valid license in their possession when administer
off-premise massage."
SECTION XXI: That Title 5, Chapter 5.1 6 of the Carlsbad Municipal Code is amen(
the amendment of Section 5.16.255 to read as follows:
"Massage technician and holistic health practitioner operating requirements. (
massage technician or holistic health practitioner, while performing any task or service asso
with the business of massage, shall be present in any room with another person unle:
person's specified anatomical areas are fully covered.
(b) No massage technician or holistic health practitioner shall be on the premisc
massage establishment during its hours of operation while performing or available to perfor
task or service associated with the operation of a massage business, unless the ma
technician or holistic health practitioner is fully covered from a point not to exceed four i
above the center of the kneecap to the base of the neck, excluding the arms, with the fol~
exception: shorts may be worn so long as they extend down the leg a minimum of three i
from the crotch, and the body above that point is fully covered to the base of the neck, exc
the arms. In addition, no massage technician or holistic health practitioner shall perform an
or service associated with the business of massage while in the presence of another F
unless the massage technician or holistic health practitioner is fully covered from a point
exceed four inches above the center of the kneecap to the base of the neck, excluding the
with the following exception: shorts may be worn so long as they extend down the
~ minimum of three inches from the crotch, and the body above that point is fully covered
base of the neck, excluding the arms. For purposes of this subsection, the covering, 1
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includes trousers, pants or shorts, will be of an opaque material and will be maintained in ~
and sanitary condition.
(c) No massage technician or holistic health practitioner, while performing any
service associated with the business of massage, shall massage or intentionally tol
specified anatomical areas of another person or allow another person to massage or inten
touch the specified aqatomical areas of the massage technician or holistic health practi
SECTION XXII: That Title 5, Chapter 5.16 of the Carlsbad Municipal Code is amt
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by the amendment of Secti;qn 5.16.260 to read as follows:
i "5.16.260 Suspension,,,or revocation of license. In the event that any person t
a license issued pursuant to this, chapter violates or causes or permits to be violated an)
provisions of this chapter or any 'brovision of any other ordinance or law relating to or reg
massage establishments, holistic 'health practitioners, or massage technicians, or cond
carries on such business or occupatipn in an unlawful manner or in such manner as to COI
a public nuisance, the city manager 'yay, in addition to other penalties provided by ordi
suspend or revoke the license as follows:
(a) The city manager shall noti& the licensee in writing of the intended action i
reasons therefore, and of the right to request a hearing in regard thereto;
(b) The action indicated in the wiiften notice shall be final unless the licensee
written request for hearing with the city manager within ten days of the notice;
(c) If a notice of hearing is received, the city manager shall proceed in accor
Section 5.1 6.270."
SECTION XXIII: That Tile 5, Chapter 5.1 6;pf the Carlsbad Municipal Code is amt
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by the amendment of Section 5.16.320 to read as follows: '\
"Any person obtaining a massage establishment\l\icense shall pay to the license cc
a license fee of five hundred dollars payable when the lice'nse issues and annually thereafl
on the anniversary date of the original license and delinqueTt thirty days thereafter. This li
fee shall be in lieu of a business license tax."
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SECTION XXIV: That Title 5, Chapter 5.1 6 of the Carlsdqd Municipal Code is am€
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by the amendment of Section 5.1 6.330 to read as follows: '\ i
"Holistic health practitioner and massage technician license'fee. Any person obi
a license to act as a holistic health practitioner or massage technician,,shall pay to the 1
collector a license fee in an amount established by City Council Resolution payable wh
license issues and annually thereafter due on the anniversary date of thh,original licen:
delinquent thirty days thereafter. This license fee shall be in lieu of a business license tE
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SECTION XXV: That Title 5, Chapter 5.16 of the Carlsbad Municipal Code is am(
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by the addition of Section 5.16.355 to read as follows: \\
"5.16.355 Sunset Provisions. The amendments to this chapter added by'Ordi
No. NS-216 shall automatically sunset on June 1, 1993, unless, prior to the time, &(
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extended b' action of the city council." \ EFFECT VE DATE: This ordinance shall be effective thirty days after its adoption, i
city clerk shall cert to the adoption of this ordinance and cause it to be published at lea!
in the Carlsbad Journal within fifteen days after its adoption.
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\ INTRODUCED AN,D FIRST READ at a regular meeting of the Carlsbad City Council
'I,, day of 'i 1992, and thereafter '\
PASSED AND ADOPtED at regular meeting of the City Council of the City of C;
on the I day of ' \ l 1992, by the following vote, to wit:
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AYES:
NOES:
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j ABSENT: \ \
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APPROVED AS TO FORM AND LEGAL%
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RONALD R. BALL, City Attorney '/
ATTEST:
\ / CLAUDE A. LEWIS, M:
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ALETHA L. RAUTENKRANZ, City Clerk \ \ \
(SEAL) / \ \ \ / \
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