HomeMy WebLinkAbout1994-08-16; City Council; 12837; AMENDMENTS TO MUNICIPAL CODE REGARDING MASSAGE ESTABLISHMENTS, MASSAGE TECHNICIANS AND HOLISTIC HEALTH PRACTITIONERS-d
i<
I+ m c\I
cn I z
z 0
a, u C (d c
a .rl
k 0
a a, u
a 3
0 k u c -rl
a $
0 * r\l * I
Q\ z4 0
c 0
*rl u
4 3
0 0 2
a
u a,
a 0 a rd
rl
*rl 2 3 0 V
z 2
a 6
i
8
2 3
Cw OF CARLSBAD - AGE ’ A BILL ‘2/
”/
-
AB # 12: a-3 7 TITLE: @I DEPT. I
AMENDMENTS TO MUNICIPAL CODE MTG* ’“ ‘- ’’ REGARDING MASSAGE ESTABLISHMENTS, MASSAGE CITY A I DEPT. CM I TECHNICIANS AND HOLISTIC HEALTH PRACTITIONERS I CITY MI
I I
RECOMMENDED ACTION:
1. Introduce Ordinance No. /ds c 23 Q amending Carlsbad Municipal Code Chapter 5.1
to massage establishments, massage technicians and Holistic Health Practitioners (HHPs).
2. Adopt Resolution No. 79 - 2y 0 establishing a five hundred dollar massage esta license fee and a one hundred dollar massage establishment application investigation fee.
ITEM EXPLANATION:
Carlsbad Municipal Code Chapter 5.16 currently requires all massage establishments, i
wishing to administer massages for pay, or any other form of consideration, to obtain a lia
the Chief of Police each year.
A change in operations at the La Costa Resort, and the anticipated development of other re
may provide massage services, has promdd staff to re-evaluate the City’s massage regulati
recommends that the following revisions be made to Chapter 5.1 6.
0 Extend current one year licensing period to a five year period for establishments, tec
and HHPs. Extending the licensing period will make it less difficult for those in the massa!
maintain a valid license and will reduce the amount of time Police Department staff is requirec
on the processing of license renewal applications. The City Manager would retain the at
revoke or suspend a license during the five year period.
0 Establish a massage technician trainee license for applicants who do not meet the ec
requirement for a technician’s license. Those obtaining a trainee license would have one ye;
the educational requirement or pass the National Certification Examination for Therapeutic
and Bodywork (NCETMB) while working under the supervision of a licensed technician or
0 Allow applicants for a technician’s license to provide documentation indicating that
one year of massage experience and have passed the NCEMTB in lieu of meeting the ec
requirement.
0 Delete the code section regarding renewal of licenses. Staff recommends that il
public’s best interest to require establishment owners, technicians, and HHPs to go thl
application process every five years to ensure that they are still qualified to be licensed in
0 Reduce the amount of time an establishment must retain records regarding their clil
City currently requires records to be retained for two years. Staff is recommending th,
reduced to 90 days, which is the amount required by the County of San Diego. Many m;
including the City of San Diego, do not have any record retention requirement. Police Depart
are satisfied that a 90 day retention requirement is adequate for law enforcement purpose:
0 Allow Council to set massage establishment license fees and establishment a
investigation fees by resolution to simplify the fee revision process. Other fees related to Ch
are already established by resolution. The proposed resolution would not change the CI
hundred dollar establishment fee, one hundred dollar investigation fee, or any other fees
Chapter 5.1 6.
" 0 e
PAGE TWO OF AGENDA BILL NO. ia, 8 3 7
8 Amend language to clarify license application procedures and increase the amount of time
Police staff may investigate applications from thirty days to sixty days.
FISCAL IMPACT:
The City currently collects appoximately $5,000 annually in massage related license fees. The
impact of extending the licensing period will be partly offset as a result savings from Police
Department staff not having to process annual license renewal applications.
EXHIBITS:
1. Proposed revisions to Chapter 5.16
2. Ordinance No. N5- $q f
3. Resolution No. 7 '2 e$q o
1
-. a 0
..
EXHIBIT 1
PROPOSED AMENDMENTS TO CHAPTER 5.16
TO ALLOW FOR FNE YEAR MASSAGE EStABUSHMENT, TECHNICIAN AND HOLISTIC HEALTH PRACrmONER LICENSES
DeflnHion of 'license'. The fouowing definition ofthe tam Ylcense', BS used in Chapter 5.76,
is added to eliminate confusion with business license:
5.16.030 Ma8sage establishment 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 witMn thecityamassageestaMishmentunless~UC8C1S8tOltheoper~ofamassage
establishment has been issued by the chif of police of the city and unless the license remains
in effect in conformity with the provisions of this chapter. Any Ucense issued pumuant to this section shall be valid for emyears form the date of issuance, wlless suspended or revoked?
U (section is deleted since establishments would be required to go through the licensing process every five years.)
5.16.050 - UcenSe plication - Each
application for a massage esWWment Ucense shall be s ce and shall contain the following information:
(a) A definition of services to be provided;
b me locationand mailin addressof the ro edestablishment
(e) d .. .-
(9 The previous address of the applicant if any, for a period of five years immediate& prior to the date of the application and the dates of residences at each;
(9) Written proof that the applicant is over the age of eighteen years;
1
4
-. e a
.-
height, weight, color of eyes and hair, and
fswW~& A complete set of the applicant’s fingerprints
by the chief of police or his agent:
immediately preceding the date of the application;
(k) Business, occupation or employment history of the applicant for the five years
2
1
I. a e
*-
5.1 6.060 lim- fee $$l!#-&.M- A nonrefundable fee ,t~&.~m@#€&@&& bt,t&f@~B~shaIl accompany &#$ ....,*.*~~~^ """,.~~~~~:.~~~*~;~~;:~~;.x;.~~,.~.:.:.:.:;+:~.,~~.~~~. ,. >&<$*y<*g*W? >.:,&>*Ti>> .... %.____:
costs of investtgation afxhp& k
and shall be in addition to, the license fee to be paid pursuant to the terms of this chapter."
....,.,...,. . ..... ..... :.:.:.~.~:~.x.:.:.:;.:.?~.:~>:~ .:....,.......... .... %. .... ~.~~:.:.:.~.:.~:.:.:..
wx, .:.: g.:wv: :,:.:.. ::@$%.:.:.>> ~,. ,,,,, *m:* ...... :.:.:.:...:.x.&q~<qy ,A. >,.... ..............................
..x ,:,... ' ,,.*.:;.x$ each application f&&-#&&*f@@&M&@&p@@ to defray, in part, the .:.:.;~~~~.;.~~:;~.~.~+....x<,, ._ ~~~.>:~~;,~~.:.x~:.:.~.~~~.~., xv>.wx<.d9, .& A<.,. *,:+
/ / .. The fee shall not be in lieu of,
5.16m070 ucense in"estigatio" @&&$&#@$$&&~*~>~ Upon receipt of a complete
application and fee, the chief of police shall have a reasonable time, not to exceed Wf4y &tg
days, in which to verify the application information and to investigate the background of the
applicant.
................................... _..,.,.,,. x;.:.:w< .___...,. > _,....., .,* .........................
A.,,... v. . . .
5.16.080 Issuance or denial of license. (c) That the applicant has not knowingly and with intent to deceive made false,
misleading or fraudulent statement of fact in the pemi%~~~ application or any other document
required by the city in conjunction therewith; .........*...,..,,....,. w
5.1 6.1 10 Display of licenses 8nd-pmb. Every person issued a license a+fmi# under the
terms of this chapter shall display the license in a conspicuous place so that the same may be
readily seen by persons entering the premises where the massage, bath, or treatment is given.
5.1 6.180 Records of treatment. Every person operating a massage establishment under a
license issued pursuant to this chapter shall keep a record o the date and hour of each
treatment, name and address of the patron, and the name of the employee administering such
treatment. The record shall be open to inspection by officials charged with the enforcement oi
these provisions for the purposes of law enforcement and for no other purpose. The information
furnished or secured as a result of any such inspection shall be confidential. Any unauthorized
disclosure or us8 of such information by any officer or employee of the city constitutes a
misdemeanor and such officer or employee shall be subject to the penalty provisions of this
code, in addition to any other penalties provided by law. The records shall be maintained for s
period of #we+eas m;@&ij.
3
*- 0 0
.-
5.1 6.1 90 Massage technicfan or holistic health practftfoner license required. No person shall
administer a massage for any form of consideration within the city unless such person has been
licensed as a massage technician or holistic health practitioner by the chief of poke of the city
and unless such Ucense remains in effect in conformity with the provisions of this chapter. Any
license issued pursuant to this section shall be valid for ORO years from the date of issuance,
unless suspended or revoked.'
d (section is deleted since massage technicians and holistic
health practitioners would be required to go through the licensing process every five years.)
=- twece$ws
medical doctor stating that the applicant, within thiQ
lication herein, has been examined and found tc
gious or communicable disease which is Ukeb
(i) Applicant mwt furnish a diploma or certificate of graduation from a recognized schoo
or other instWon of learning wherein the method, profession and work of massage is taught
Proof of succBssfLJ completion of two hundred hows of study from a recognized school k
requiredforamassagetectKlicianUcsnseandproofofsuccessMcompietionofonethowanc howsofstudykomarecognizedschodisrequkedforahdistfc~ptaditlonetUcerrse.Thc
cityhasthetig~toconfirmthefadthattheappl~hasa~~attendeddassesinr
recognized school for the aforementioned minimum time periods. In lieu of the foregoins
educational requirements, an applicant for a massage technician license may submit verifiable
written proof that he or she has actualty been engaged in practice as a massage technician fo
not less than one year w
5.161215 Investigation fee - Massage technician and holistlc health practitioner. 1'
nonrefundable fee as set by resolution of the city counciJ shall accompany the SubrmSsKM
each application for a hobtic healthpractitioner or massage technician license to defray, in par
the costs of investigation. a
hTh
terms of this chapter.
.. C
fee shall not be in lieu of, and shall be in addition to, the license fee to be paid pursuant to th
4
.- e
7.
a
The massage traine- m shall expire m &rw - from me date .....A. rn*.<.<.XV ...... 3 .... ;...<,,:?<.. .*/*YAK issued and is not renewable, except in the case of sickness or accident for which reason the clft~$@@@ '.'.:.:.>>: ........,. <.,.:.:.:.>:.:.:<.:.x<.:::&<,*:+,, education was delayed. Applicant is expected to successfully . complete the
massage technician Course of stud~u~~~*~~~~~~~~~~~~ .,: -<.:<.: < .......,,,A ...*.,, .< _. ..,.
%.i@W time Period thw I times comply with all laws and ordinances in effect and
the failure to comply may render the applicant ineligible to obtain a massage technician's pemd
...................... ".*.,. *. .....
................................................. .... ........ ................. ... ...... . ................. ......... ~~. , .,,.., , (E<,..
li&jg& .:.:.:.:.;.:.:.:.: ............ :.>
.......... ........................ 5.1 6.350 Massage school f=- g*a
5
-.A
I.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
la
19
20
21
22
23
24
25
26
27
2a
0 EXHIBIT 2 0
ORDINANCE NO. NS-291
AN ORDINANCE OF THE CITY COUNCiL OF THE CrrY OF
CARLSBAD, CALIFORNIA, AMENDING VARIOUS SECTIONS OFTITLE
5, CHAPTER 5.16 OF THE CARLSBAD MUNICIPAL CODE
REGARDING MASSAGE ESTABLISHMENTS, MASSAGE
TECHNICIANS AND HOLISTIC HEALTH PRACTITIONERS.
The City Council of the City of Carlsbad, California, does ordain as follows:
SECTION 1: That Title 5, Chapter 5.1 6, Section 5.1 6.020 of the Carlsbad Municipal
amended by the addition of Subsection 5.1 6.020(i) as follows:
"(i) 'License' means a license obtained from the chief of police pursuant to the p
of this chapter."
SECTION II: That Title 5, Chapter 5.16 of the Carlsbad Municipal Code is amende
amendment of Section 5.1 6.030 to read as follows:
"5.1 6.030 Massage establishment license required. No person shall engage in,
carry on or permit to be engaged in, conducted or carried on, in or upon or within any
within the city a massage establishment unless a license for the operation of a
establishment has been issued by the chief of police of the city and unless the license r(
effect in conformity with the provisions of this chapter. Any license issued pursuant to thi
shall be valid for five years from the date of issuance, unless suspended or revoked."
SECTION 111: That Title 5, Chapter 5.16 of the Carlsbad Municipal Code is amend€
deletion of Section 5.16.040.
SECTION IV: That Title 5, Chapter 5.1 6 of the Carlsbad Municipal Code is amend€
amendment of Section 5.1 6.050 to read as follows:
"5.1 6.050 License application - Massage establishment. Each application for a
establishment license shall be submitted to the chief of police and shall contain the
information:
(a) A definition of services to be provided;
(b) The location and mailing address of the proposed establishment;
(c) The name and residence address and phone .number of the applicant;
(d) Name and address of all owners of the massage establishment, including
officers and directors, stockholder owning more than ten percent of the corporation, an(
managing and limited partners. Corporations shall also furnish the name and address oi
for service of process and the state of incorporation;
(e) The applicant shall be the owner of the massage establishment. If the applic
responsible for the daily management and operation of the establishment, the persc
responsible must also submit an application and pay a fee pursuant to section 5.1 6.060 (9 The previous address of the applicant if any, for a period of five years immedi
-.
._
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
,
e
to the date of the application and the dates of residences at each;
(9) Written proof that the applicant is over the age of eighteen years;
(h) The height, weight, color of eyes and hair, and sex of the applicant;
(i) Provision of acceptable government issued identification containing the name,
(j) A complete set of the applicant's fingerprints and a photograph which shall be t
birth and photograph of the applicant;
the chief of police or his agent:
immediately preceding the date of the application;
(I) The history of the applicant in the operation of a massage establishment o
business or occupation, including, but not. limited to, whether or not such person, in PI
operating in this or another city or state under license, has had such license revoked or su!
and the reason therefor, and the business activity or occupation subsequent to such i
suspension or revocation;
(m) All criminal convictions, other than minor traffic violations, with a full explanatic
circumstances thereof for the massage establishment manager, the operator and the
including all partners, corporate officers and directors; (n) At the discretion of the chief of police, the applicant may be required to submit t
and address of each massage technician or holistic health practitioner who is or will be e
in the establishment;
(0) Such other identification and information necessary to discover the truth of the
hereinbefore specified as required to be set forth in the application."
SECTION V: That Title 5, Chapter 5.1 6 if the Carlsbad Municipal Code is amende
I (k) Business, occupation or employment history of the applicant for the fiv
addition of Section 5.16.055 to read as follows:
"5.16.055 Change in massage establishment manager. tf the owner of a
establishment is not acting as the manager of the establishment, and there is a cl
managers, the new manager shall submit information required for a massage estat
application to the chief of police or his agent within 30 days of becoming the new mana
application information must be accompanied by an investigation fee pursuant to section
No other license fee pursuant to this chapter shall be required due to a change in
establishment managers if the manager is not the establishment owner."
SECTION VI: That Title 5, Chapter 5.1 6 of the Carbbad Municipal Code is amende
amendment of Section 5.1 6.060 to read as follows:
"5.1 6.060 Investigation fee - Massage establishment, A nonrefundable fee in a1
established by city council resolution shall accompany the submission of each applica
massage establishment license to defray, in part, the costs of investigation. The fee sh
in lieu of, and shall be in addition to, the license fee to be paid pursuant to the tern
chapter."
SECTION VII: That Title 5, Chapter 5.1 6 of the Carlsbad Municipal Code is amend
amendment of the heading and first paragraph of Section 5.16.070 to read as follows:
"5.16.070 License investigation - Massage establishment. Upon receipt of a c
application and fee, the chief of police shall have a reasonable time, not to exceed sixt
which to verify the application information and to investigate the background of the app
..
1
0 0
SECTION VIII: That Title 5, Chapter 5.1 6, Section 5.1 6.080 of the Carlsbad Municip
2 is amended by the amendment of Subsection 5.1 6.080(c) to read as follows:
3 "(c) That the applicant has not knowingly and with intent to deceive made false, mi
or fraudulent statement of fact in the license application or any other dOCUm8nt required b! 4 in conjunction therewith;"
5 SECTION IX: That Title 5, Chapter 5.1 6, Section 5.1 6.1 05 of the Carlsbad Municip
6 is amended by the addition of Subsection 5.1 6.1 05(e) to read as follows:
7
8
9 a massage in a massage establishment."
"(e) No owner, operator, responsible managing employee, manager or permittee il
of or in control of a massage establishment shall permit persons other than a licensed I
technician, licensed massage technician trainee, or licensed holistic health practitioner to
10 SECTlON X: That Tile 5, Chapter 5.1 6 of the Carlsbad Municipal Code is amende
1 1 amendment of Section 5.1 6.1 10 to read as follows:
12 "5.16.110 Display of licenses. Every person issued a license under the term
chapter shall display the license in a conspicuous place so that the same may be readily l3
14
persons entering the premises where the massage, bath, or treatment is given."
l5 amendment of the last sentence of Section 5.16.180 to read as follows:
SECTION XI: That Title 5, Chapter 5.1 6-of the Carlsbad Municipal Code is amendc
16
17
18
19
20
21
22
'The records shall be maintained for a period of ninety days."
SECTION XII: That Title 5, Chapter 5.16 of the Carlsbad Municipal Code is amen
the amendment of Section 5.1 6.1 90 to read as follows:
"5.1 6.1 90 Massage technician or holistic health practitioner license required. h
shall administer a massage for any form of consideration within the city unless such PC
been licensed as a massage technician or holistic health practitioner by the chief of poli
city and unless such license remains in effect in conformity with the provisions of this chal
license issued pursuant to this section shall be valid for five years from the date of issuanc
suspended or revoked."
23 11 SECTION XIII: That Title 5, Chapter 5.16 of the Carlsbad Municipal Code is amel
24 11 the deletion of Section 5.16.200.
25
26
27
"5.16.210 License application - Massage technician and holistic health pra 28 Each application for a massage technician or holistic health practitioner license shall be :
SECTION XIV: That Title 5, Chapter 5.16 of the Carlsbad Municipal Code is am€
the amendment of Section 5.1 6.21 0 as follows:
I/
.'A
"
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
76
17
18
19
20
21
22
23
24
25
26
27
28
0 0
to the chief of police and.shall contain the following information:
(a) The applicant's full name, residence address and telephone number;
(b) The name and address and telephone number of the massage establishment w
(c) The names and addresses of any and all previous establishments where the a
(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 te
previously was denied the applicant or revoked and, if so, the circumstances of such (
revocation;
(f) A photograph and complete set of the applicant's fingerprints which shall be .
the chief of police or his agent;
(9) Written proof that the applicant is over the age of eighteen years;
(h) A certificate signed by a medical doctor stating that the applicant, within th
immediately prior to filing his or her application herein, has been examined and found to t:
syphilis, tuberculosis or other contagious. or communicable disease which is like1
communicated during the administration of-a massage;
(i) Applicant must furnish a diploma or certificate of graduation from .a recognize(
or other institution of learning wherein the method, profession and work of massage is taugl
of successful completion of two hundred hours of study from a recognized school is rec
a massage technician license and proof of successful completion of one thousand hours
from a recognized school is required for a holistic health practitioner license. The city has
to confirm the fact that the applicant has actually attended classes in a recognized scho
aforementioned minimum time periods. In lieu of the foregoing educational requiren
applicant for a massage technician license may submit verifiable written proof that he 01
actually been engaged in practice as a massage technician for not less than one year
passed the National Certification Examination for Massage Therapists and Bodywork;
(j) Before a license is issued to a holistic health practitioner, proof of membership
or nationally recognized organization devoted to and organized for the benefit and furthc
holistic health practitioner practices as approved by the city manager. In the event of i
regarding a decision of the city manager under this section, an aggrieved person may app
city council by filing an appeal with the city clerk within ten calendar days of the written
decision by the city manager. Fee for filing an appeal under this section shall be establi:
resolution of the city council. The decision of the city council shall be final;
(k) Before a license is issued to a holistic health practitioner, the applicant shall
policy of insurance executed by a company duly authorized under the laws of this st
insurance by the provisions of which policy such company promises and undertakes to
all legal liability incurred by the insured for damages to persons or property resulting fro
practice in an amount as established by a resolution of the city council."
applicant is to be employed and the name of the owner of same;
has been employed as a massage technician or holistic health practitioner;
SECnON XV: That Title 5, Chapter 5.16 of the Carlsbad Municipal Code is am€
the amendment of Section 5.1 6.21 5 to read as follows:
"5.1 6.215 Investigation fee - Massage technician and holistic health practi
nonrefundable fee as set by resolution of the city council shall accompany the submissic
application for a holistic health practitioner or massage technician license to defray, ir
costs of investigation. The fee shall not be in lieu of, and shall be in addition to, the lice
be paid pursuant to the terms of this chapter."
SECTION XVI: That Title 5, Chapter 5.1 6 of the Carlsbad Municipal Code is am
I1
-1
-.
1
2
3
4
5
6
7
a
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
e m
the amendment the title and first sentence of Section 5.16.220 to read as follows:
"5.16.220 Ucense investigation - Massage technician and holistic health prac
Upon receipt of a completed application and fee, the chief of police shall have a reasonat not to exceed sixty days, in which to verify the application information and to investi!
background of the applicant."
SECTION XVII: That Title 5, Chapter 5.16 of the Carlsbad Municipal Code is amer
the amendment of Section 5.16.320 to read as follows:
"5.16.320 Massage establishment license fee. Any person obtaining a r
establishment license shall pay to the license collector a license fee in an amount establi
city council resolution and payable when the license issues. This license fee shall be in
business license tax."
SECTION XVIII: That Title 5, Chapter 5.16 of the Carlsbad Municipal Code is amel
the amendment of Section 5.16.330 to read as follows:
"5.16.330 Massage technician and holistic health practitioner license fee. An!
obtaining a license to act as a holistic health practitioner or massage technician shall pi
license collector a license fee in an amount established. by the city council resolution. Thi
fee shall be in lieu of a business license tax."
SECTION XIX: That Tile 5, Chapter 5.16 of the Carlsbad Municipal Code is amer
the amendment of Section 5.1 6.340 to read as follows:
"5.16.340 Massage technician trainee license. Any person who qualifies for a I
technician license but for the educational requirement of Section 5.1 6.210 may obtain ,
license. Such person must be enrolled in a "recognized school" and submit a letter'from th
showing the date the applicant was officially enrolled and the estimated date the appl
graduate. Applicants may also provide veriiable proof that they are registered to take the
Certification Examination for Therapeutic Massage and Bodywork in lieu of the edl
requirement.
Applicant shall also submit a letter signed by the owner of a massage establishment,
representative, stating their willingness to employ the applicant to do massage as a I
technician trainee working under the direct supervision and control of a licensed massage tc or holistic health practitioner during the time the applicant is completing a course of st
massage technician at a recognized school or until the applicant has successfully pa
National Certification Examination for Therapeutic Massage and Bodywork.
The massage trainee license shall expire one year from the date issued and is not re
except in the case of sickness or accident for which reason the education or certification f
delayed. Applicant is expected to successfully complete the massage technician course
or pass the National Certification Examination for Therapeutic Massage and Bodywork d
one year time period the license is valid. The trainee must at all times comply with all
ordinances in effect and the failure to comply may render the applicant ineligible to
massage technician's license."
A. e 0
e.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
SECTION XX: That Title 5, Chapter 5.1 6 of the Carlsbad Municipal Code is amended by
amendment of the heading of Section 5.1 6.350 to read as follows:
"5.1 6.350 Massage school license."
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption,
city clerk shall certify to the adoption of this ordinance and cause it to be published at lez
in a newspaper of general circulation within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Counci
16th day of AUGUST , 1994, and thereafter
PASSED AND ADOPTED at a regular meeting of the city Council of the City of Cz
on the day of , 1994, by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGAUTY
RONALD R. BALL, City Attorney
AlTEST:
CLAUDE A. LEWIS, Mayor
ALETHA L RAUTENKRANZ, City Clerk
(SEAL)
.
*1 . . -*
I
-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
'e EXHIBIT 3 m
RESOLUTION NO. 9 4 - 24 0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, ESTABUSHING UCENSEAPPUCAION INVESnGAnON
AND MASSAGE ESTABLISHMENT FEES.
WHEREAS, the City Council has determined it to be in the public interest to license r
establishments within the City of Carlsbad; and
WHEREAS, a fee to offset the cost of investigating massage establishment applicatil
regulating the operation of massage establishments is to be established by City Council Re
pursuant to Carlsbad Municipal Code Chapter 5.1 6.320;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the Ci of Carlsbad, C
as follows:
1. That the above recitations are true and correct.
2. That a massage establishment license application investigation fee of one
dollars ($1 00) is established pursuant to Carlsbad Municipal Code Section 5.1 6.060.
3. That a massage establishment license fee of five hundred dollars (!EOO) i!
established pursuant to Carkbad Municipal Code Section 5.16.320.
PASSED APPROVED AND ADOFTED at a regular meeting of the Carlsbad Ci Council he
16th day of AUGUST , 1994 by the fOllOWhg Vote, t0 Wit:
AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila
NOES: None
ABSENT: None
AllEST:
ALETHA L RAUTENKRANZ, Cii Clerk ?I
(SEAL)
1) -
@ @(y&
J
"."2_"\..- --_I_
September 30, 1993
P TO: CITY MANAGER r- k.1 e
VIA: ASSISTANT TO THE CITY MANAGER e?/(+
FROM: Sr. Management Analyst
MASSAGE ORDINANCE REVISION
The City Council adopted amendments to the City's Massage Ordinance last October thal
provides for the licensing of Holistic Health Practitioners (HHPs) to give massages in homes and
businesses. Council also requested that staff report back in one year on any impacts in the
community that occur as a result of the ordinance revision. Police Department staff report thal
they have not encountered any problems as a result of the changes. Only four or five people
have picked up HHP license applications in the last year. Two HHPs have submitted applications
and both were issued licenses after the required background checks were completed.
Please let me know if you have any questions.
/ 72
FRANK BOENSCH
C: Police Chief
I- .
., ..
r.. -5 I . .. ' ,' .i . i,
e,