HomeMy WebLinkAbout1992-10-20; City Council; 11930; ADOPTION OF ORDINANCE NO. NS-216 CODE AMENDMENT RELATING TO THE PRACTICE OF MASSAGE1
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C@' OF CARLSBAD - AGENW BILL
n! ';I G
I AB# I ', " 3 ' TITLE: ADOPTION OF OE2DINANCE NO. NS-216
MTG.10/20/92
DEPT. CLK
CODE AMENDMENT RELATING TO THE
PRACXCE OF MASSAGE.
DEPT. I
CITY A'
CITY M
L I I
RECOMMENDED ACTION:
Adopt Ordinance No. NS-216, amending the various sections of the Municipal Code to
provide for the licensing of holistic health practitioners and allowing them to administer
massage therapy.
ITEM EXPLANATION
Ordinance No. NS-216 was introduced and first read at the regular Council meeting held
on October 6, 1992. Per Council direction at that meeting, Section XXV of the
ordinance containing the sunset provisions has been deleted. A report will be submitted
to the Council within one year of the ordinance effective date if it is adopted.
The second reading allows Council to adopt the ordinance which would then become
effective in thirty days. The City Clerk will have the ordinance published in the
"Carlsbad Journal" within fifteen days, if adopted.
FISCAL, IMPACT
See Agenda Bill No. 11,919 on file with the City Clerk.
EXHIBIT
1. Ordinance No. NS-216.
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ORDINANCE NO. NS-216
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AMENDING VARIOUS SECTIONS OF
TITLE 5, CHAPTER 5.1 6 OF THE CARLSBAD MUNICIPAL
CODE RELATING TO THE PRACTICE OF MASSAGE.
The City of Carlsbad, California does ordain as follows:
SECTION I: That the title of Title 5, Chapter 5.16 of the Carlsbad Municipal Cod6
amended to read as follows:
"MASSAGE ESTABLISHMENTS, MASSAGE TECHNICIANS AND HOLISTIC H
PRACTITIONERS"
SECTION 11: That Title 5, Chapter 5.16 of the Carlsbad Municipal Code is amenl
the amendment of Section 5.1 6.01 0 to read as follows:
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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 lic
procedure for massage establishments, holistic health practitioners, and massage techr
It is determined to be necessary to further preserve and protect the health, safety and we,
the inhabitants of this city through the enactment 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
regulated.
The ordinances codified in this chapter are adopted pursuant to Chapter 6, Pz
Division 1 of Title 5 (Sections 51 030 through 51 034) of the California Government Code ani
applicable laws."
SECTION 111: That Title 5, Chapter 5.1 6 of the Carlsbad Municipal Code is amen
I 1 the amendment of Section 5.1 6.020 (c) to read as follows:
"(c) "Massage technician" means any person who has obtained a massage techr
I license pursuant to this chapter."
SECTION IV: That Title 5, Chapter 5.16 of the Carlsbad Municipal Code is amenc
the amendment of Section 5.16.020 (e) to read as follows:
"(e) "Holistic health practitioner" means any person who has obtained a holistic
practitioner's license pursuant to this chapter."
SECTION V: That Title 5, Chapter 5.16 of the Carlsbad Municipal Code is amenc
the amendment of Section 5.16.020 (f) to read as follows:
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"(9 "Off-premise massage" means the activity of providing massage services at a lo I other than premises licensed as a massage establishment pursuant to this chapter."
2 // SECTION VI: That Title 5, Chapter 5.1 6 of the Carlsbad Municipal Code is amenc
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the addition of Section 5.1 6.020 (9) to read as follows:
"(9) "Recognized school" means any school or institution of learning which has 1
purpose the teaching of a course consisting of the theory, ethics and practice, me
profession or work of massage in not less than three calendar months, and which sct
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 le
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(
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"(h) "Specified anatomical areas" means human genitals, pubic region, anus, pe
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or female breasts below a point immediately above the top of the areola."
SECTION VIII: That Title 5, Chapter 5.1 6 of the Carlsbad Municipal Code is amen
15 II the amendment of Section 5.1 6.050 (0) to read as follows:
"(0) The name and address of each massage technician or holistic health prac I' // who is or will be employed in the establishment;"
17 11 SECTION IX: That Title 5, Chapter 5.1 6 of the Carlsbad Municipal Code is amen
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the deletion of Section 5.1 6.090.
SECTION X: That Title 5, Chapter 5.1 6 of the Carlsbad Municipal Code is amen
ll the amendment of the first sentence of Section 5.1 6.1 05 (c) to read as follows: 21
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"(c) No owner, operator, responsible managing employee, manager or permittee in
of or in control of a massage establishment shall permit.any employee to be on the pren
a massage establishment during its hours of operation of a massage business unlt
employee is fully covered from a point not to exceed four inches above the center of the kl
to the base of the neck excluding the arms, with the following exception: shorts may be Y
long as they extend down the leg a minimum of three inches from the crotch, and th
above the point is fully covered to the base of the neck, excluding the arms."
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the amendment of Section 5.1 6.1 60 to read as follows: 27
SECTION XI: That Title 5, Chapter 5.16 of the Carlsbad Municipal Code is amer
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0 ,. "5.1 6.1 60 Massagist licensees to be employed. No massage establishment lic
shall employ, or otherwise allow, any person to perform as a massage technician or t
health practitioner who is not so licensed under the terms of this chapter."
SECTION XII: That Title 5, Chapter 5.16 of the Carlsbad Municipal Code is amenc
the amendment of Section 5.16.170 to read as follows:
"5.1 6.1 70 Massages at permitted locations only. No person shall administer a mz or permit a massage to be administered at or upon any location or premises other than a
licensed massage establishment except that validly licensed holistic health practitionel
administer off-premises massages between the hours of 6:OO a.m. and 11 :00 p.m. The
of massages at hours other than these is prohibited.
SECTION XIII: That Tiile 5, Chapter 5.16 of the Carlsbad Municipal Code is amen'
the amendment of the first sentence of Section 5.1 6.1 80 to read- as follows:
"Every person operating a massage establishment under a license issued pursuani
chapter shall keep a record of the date and hour of each treatment, the name and add
the patron, and the name of the employee administering such treatment."
SECTION XIV: That Tiile 5, Chapter 5.1 6 of the Carlsbad Municipal Code is amen
the amendment of Section 5.1 6.1 90 to read as follows:
"5.1 6.190 Massage technician or holistic health practitioner license require
person shall administer a massage for any form of consideration within the city unles
person has been licensed as a massage technician or holistic health practitioner by the 4
police of the city and unless such license remains in effect in conformity with the provis
this chapter. Any license issued pursuant to this section shall be valid for one year from tl
of issuance, unless suspended or revoked."
SECTION XV: That Title 5, Chapter 5.16 of the Carlsbad Municipal Code is ame
by the amendment of the first sentence of Section 5.1 6.200 to read as follows:
,'If, on or before the forty-fifth day prior to the expiration date of a currently valid m
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 furni
certified statement from a medical doctor stating that the applicant, within thirty days immt
prior to filing his application, has been examined and found to be free from any contag
communicable disease which is likely to be communicated during the administratic
massage; and provided that such application is accompanied by a fee as set by resolutio
city council, no part of which is refundable."
SECTION XVI: That Title 5, Chapter 5.1 6 of the Carlsbad Municipal Code is amer
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the amendment of Section 5.1 6.21 0 to read as follows:
"5.16.210 License procedures. Each application for a massage technician or t
health practitioner license shall be submitted to the chief of police and shall contain the fol
information:
(a) The applicant's full name, residential address and telephone number;
(b) The name and address and telephone number of the massage establishment
(c) The names and addresses of any and all previous establishments where ap
(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 tect
previously was denied the applicant or revoked and, if so, the circumstances of such de
revocation; (9 Three portrait photographs at least two inches by two inches and a complete
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 thin
immediately prior to filing his application herein, has been examined and found to be fre
any contagious or communicable disease which is likely to be communicated duril
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 1
aforementioned minimum time periods. In lieu of the foregoing educational requiremel
applicant for a massage technician license may submit written verifiable proof that he or s
actually been engaged in practice as a massage technician for not less than one year I
the effective date of this chapter in the county and shall successfully pass an examin:
massage techniques to be administered by the city with the assistance of persons tect
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 bene
furtherance of holistic health practice 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 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 sectic
be established by a resolution of the clty council. The decision of the city council shall t
(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 stat1
insurance by the provisions of which policy such company promises and undertakes to
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.
the applicant is to be employed and the name of the owner of same;
has been employed as a massage technician;
SECTION XVII: That Title 5, Chapter 5.16 of the Carlsbad Municipal Code is ami
by the amendment of the Section 5.1 6.21 5 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 c
shall accompany the submission of each application for a holistic health practitioner or mz
technician license to defray in part the costs of investigation. The fee required by this z shall not be required for an application to renew a license granted pursuant to this cha
for holistic health practitioner license applications if the applicant possesses a valid Cs
massage technician license. The fee shall not be in lieu of, and shall be in addition to, the I
fee to be paid pursuant to the terms of this chapter."
SECTION XVIII: That Title 5, Chapter 5.16 of the Carlsbad Municipal Code is amr
by the deletion of Section 5.1 6.230.
SECTION XIX: That Title 5, Chapter 5.1 6 of the Carlsbad Municipal Code is amen'
the amendment of Section 5.1 6.240 to read as follows:
"5.16.240 Transfer of license. No holistic health practitioner or massage tect
license is transferable."
SECTION XX: That Title 5, Chapter 5.1 6 of the Carlsbad Municipal Code is amenc
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 establis~
Holistic health practitioners shall have a valid license in their possession when administel
off-premise massage."
SECTION XXI: That Title 5, Chapter 5.1 6 of the Carlsbad Municipal Code is amen
the amendment of Section 5.1 6.255 to read as follows:
"Massage technician and holistic health practitioner operating requirements.
massage technician or holistic health practitioner, while performing any task or service ass(
with the business of massage, shall be present in any room with another person unlc
person's specified anatomical areas are fully covered. (b) No massage technician or holistic health practitioner shall be on the premist
massage establishment during its hours of operation while performing or available to perfo
task or service associated with the operation of a massage business, unless the rnz
technician or holistic health practitioner is fully covered from a point not to exceed four
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
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 a1 or service associated with the business of massage while in the presence of another ~
unless the massage technician or holistic health practitioner is fully covered from a poini
exceed four inches above the center of the kneecap to the base of the neck, excluding tht
with the following exception: shorts may be worn so long as they extend down thc
minimum of three inches from the crotch, and the body above that point is fully coverec
base of the neck, excluding the arms. For purposes of this subsection, the covering,
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includes trousers, pants or shorts, will be of an opaque material and will be maintained in 2
and sanitary condition.
(c) No massage technician or holistic health practitioner, while performing any 1
service associated with the business of massage, shall massage or intentionally tou
specified anatomical areas of another person or allow another person to massage or.intenl
touch the specified anatomical areas of the massage technician or holistic health practit
SECTION XXII: That Title 5, Chapter 5.16 of the Carlsbad Municipal Code is am€
by the amendment of Section 5.1 6.260 to read as follows:
5.16.260 Suspension or revocation of license. In the event that any person h
a license issued pursuant to this chapter violates or causes or permits to be violated any
provisions of this chapter or any provision of any other ordinance or law relating to or reg
massage establishments, holistic health practitioners, or massage technicians, or condl
carries on such business or occupation in an unlawful manner or in such manner as to cor
a public nuisance, the city manager may, in addition to other penalties provided by ordi
suspend or revoke the license as follows:
(a) The city manager shall notify the licensee in writing of the intended action a
reasons therefore, and of the right to request a hearing in regard thereto;
(b) The action indicated in the written notice shall be final unless the licensee
written request for hearing with the city manager within ten days of the norice;
(c) If a notice of hearing is received, the city manager shall proceed in accor
Section 5.1 6.270."
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by the amendment of Section 5.1 6.320 to read as follows: I.5
SECTION XXIII: That Title 5, Chapter 5.16 of the Carlsbad Municipal Code is am<
16 "Any person obtaining a massage establishment license shall pay to the license cc
17 a license fee of five hundred dollars payable when the license issues and annually the'reafl
on the anniversary date of the original license and delinquent thirty days thereafter. This li
l8 /I fee shall be in lieu of a business license tax."
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"Holistic health practitioner and massage technician license fee. Any person obi 21
I SECTION XXIV: That Title 5, Chapter 5.1 6 of the Carlsbad Municipal Code is amc
20 by the amendment of Section 5.16.330 to read as follows:
a license to act as a holistic health practitioner or massage technician shall pay to the I 22
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collector a license fee in an amount established by City Council Resolution payable wh
delinquent thirty days thereafter. This license fee shall be in lieu of a business license tz
license issues and annually thereafter due on the anniversary date of the original ken:
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3 in the Carlsbad Journal within fifteen days after its adoption.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, ar
city clerk shall certify to the adoption of this ordinance and cause it to be published at leasi
4 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council (
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AYES: Council Members Lewis, Kulchin, Larson, Stanton, Nygaard 8
on the 20th , day of OCTOBER , 1992, by the following vote, to wit: 7
PASSED AND ADOPTED at regular meeting of the City Council of the City of Ca 6
6th day of OCTOBER , 1992, and thereafter
9 Ii NOES: None
lo ll ABSENT: None 'I. // APPROVED AS TO FORM AND LEGALITY
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RONALD R. BALL, City Attorney
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(SEAL)
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