HomeMy WebLinkAbout1994-09-06; City Council; 12846; ADOPTION OF ORDINANCE NO. NS-291 -AMENDING THE MUNICIPAL CODE REGARDING MASSAGE REGULATIONSb
a &$ 3
$0 g & $2- 4
z 0
a rJ
d
8
2 3
PyY OF CARLSBAD - AGWDA BILL c7 q/ ,
* 1 AB # w I TITLE: ADOPTION OF ORDINANCE NO. NS-291 - .- I DEPT. ~ 1;;;;. :Pg4 I AMENDING THE MUNICIPAL CODE
REGARDING MASSAGE REGULATIONS I:::: :
I I I
RECOMMENDED ACTION:
Adopt Ordinance No. NS-291, amending various sections of Title 5
of the Carlsbad Municipal Code regarding massage establishments,
massage technicians and Holistic Health Practitioners; and
Adopt Besolution Mo. qY=$!lig , establishing massage techniciar and holistic health practitioner license fees.
ITEM EXPLANATION
Ordinance No. NS-291 was introduced at the regular City Council meeting of August 16, 1994. The second reading allows Council tc adopt the ordinance which would then become effective in thirty 'days. The City Clerk will have the ordinance published withir fifteen days, if adopted.
On October 6, 1992, Council adopted Resolution No. 92-297 establishing annual license fees of $100 for massage technicians and $50 for holistic health practitioners. That annual fee was set to coincide with the one-year licensing period. The attached Resolution No. qq -%qg , will incorporate those annual license fees into the new licensing period contained in Ordinance No. NS- I 291-
FISCAL IMPACT
See Agenda Bill No. 12,837 on file with the City Clerk.
EXHIBIT
1. Proposed revisions to Chapter 5.16.
2. Ordinance No. NS-291.
3. Resolution No. ?q -a(& .
j
P 0 a
EXHIBIT 1
PROPOSED AMENDMENTS TO CHAPTER 5.1 6
TO ALLOW FOR FIVE YEAR MASSAGE ESTABLISHMENT,
TECHNICIAN AND HOLISTIC HEALTH PRACTITIONER LICENSES
Definition of 'license'. The following definition of the term 'license", as used in Chapter 5.16,
is added to eliminate confusion with business license:
5.1 6.030 Massage 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 within
the city a massage establishment unless atwuwal license for the operation of a massage
establishment has been issued by the chiif of police of the city and unless the license remains
in effect in conformity with the provisions of this chapter. Any license issued pursuant to this
section shall be valid for 8c)8 years form the date of issuance, unless suspended or revoked?
0 0
2
0 a
5.16.110 Display of licenses a&"&. Every person issued a license m 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 of
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 use of such information by any officer or employee of the crty 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 a period of - g&@ #&yo. . .. ........... d..... ....A. _......
3
0 e
5.1 6.1 90 Massage technician or holistic health practitioner 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 police of the city
and unless such license remains in effect in conformity with the provisions of this chapter. Any
license issued pursuant to this section shall be valid for @# we years from the date of issuance,
unless suspended or revoked." v....h\k.
: (section is deleted since massage technicians and holistic
health practitioners would be required to go through the licensing process every five years.)
5.16.210 Ucense fwesesk;llrs -
... (9(A complete set of the applicant's fingerprints which shall be taken by the chief
agent;
medical doctor stating that the applicant, within thirty
application herein, has been examined and found to aq contagious or communicable disease which is likely
siration of a massage; (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 taught.
Proof of successful completion of two hundred hours of study from a recognized school is
required for a massage technician license and proof of successful completion of one thousand
hours of study from a recognized schod is required for a holistic health practitioner license. The
city has the right to confirm the fact that the applicant has actually attended classes in a recognized school for the aforementioned minimum time periods. In lieu of the foregoing
educational requirements, an applicant for a massage technician license may submit verifiable
written proof that he or she has actually been engaged in practice as a massage technician for
not less than one year w
5.1 6.215 investigation fee - Massage technician and holistic health practitioner. A
nonrefundable fee as set by resolution of the city council shall accompany the submission of
each application for a holistic health practitioner or massage technician license to defray, in part,
the costs of investigation. t
1 The fee shall not be in lieu of, and shall be in addition to, the license fee to be paid pursuant to the
terms of this chapter.
.. .. .
4
0 0
............... ........I .... >..> .. >. ...... ....................... ... < ........ ..I.....,...... .. ............................ .... (.:.:.:.:.: ~.~~. :.:~.~:~.:.:~.~.~: ~.~:~,:...:,,~ .......................... <..: +:. :.:.:<... 5.16.220 a : ~@&ga~.m~~Ma~~ .......... x.:.x< ............. > ............. .... ., ......... .,.. .. ..... : ..................... ~~~;.:.w&.;t.:.:+. ... ....,...... mmEm@ ~~~.~.~.~~~.~~.i~;,.~~;;,.~.;;..;~~:~;~:~ ggy' '.<<!.! .<$'.'.$'.'.! '8 .'.$......'..'.'.'.'.'.'..'.,. !.,. ,. !.,.,.'..,.'...'.,., ........... ; ......................... &€k:&&~v-.w $..: ........................... ............... >: ..,.... <.>:< ............................... 3 Upon receipt of a complete application and fee, the chief of police
shall have a reasonable time, not to excee- $e days, in which to verify the information
on the application and to investigate the background of the applicant.
5.1 6.320 Massage establishment license fee. Any person obtaining a massage establishment license shall pay to the license collector a license fee r@~~~~~&&&&$~&Qf@&j# ~ :,.,.. ~.~ ................................................... .................... fwm - payable when the ,icense ........................................................................................................................... issuer .< .. ..,........ ... ................................
.......................... ........................... , ....................... .. \. This license
fee shall be in lieu of a business license tax."
the.faiiure to comply may render the applicant ineligible to obtain a massage technician's perwit . +. ............................. .................. IItmiS3. ....................... .........
5.1 6.350 Massage school pem& ..... f[#*. ......... :.'.:.:.x..:..:.:
- 5
9 a EXHIBIT 2 r)
4
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
1
ORDINANCE NO. NS-291
-" AN ORDINANCE OF THE CITY COUNCIL OF THE CllY OF "?. " - .-
CARLSBAD, CALIFORNIA, AMENDING VARIOUS SECTIONS OF TITLE
- 5, CHAPTER 5.16 OF THE CARLSBAD MUNICIPAL CODE
REGARDING MASSAGE ESTABLISHMENTS, MASSAGE
TECHNICIANS AND HOLISTIC HEALTH PRACTITIONERS.
The Cily Council of the City of Carlsbad, California, does ordain as follows:
SECTION I: 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 5.16.030 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 1
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 clty and unless the license rc
effect in conformlty 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 5.1 6 of the Carlsbad Municipal Code is amende
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:
"5.16.050 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, anc
managing and limited partners. Corporations shall also furnish the name and address of
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 perso
responsible must also submit an application and pay a fee pursuant to section 5.16.060 (9 The previous address of the applicant if any, for a period of five years immedii
~
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
I 0 @
to the date of the application and the dates of residences at each;
(g)?Wriien 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,
birth and photograph of the applicant;
the chief of police or his agent;
(k) Business, occupation or employment history of the applicant for the fi\r
immediately preceding the date of the application;
(I) The history of the applicant in the operation of a massage establishment a
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 2
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 thc
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 tht hereinbefore specified as required to be set forth in the application."
0) A complete set of the applicant's fingerprints and a photograph which shall be 1
SECTION V That Title 5, Chapter 5.1 6 of the Carlsbad Municipal Code is amende
addition of Section 5.16.055 to read as follows:
"5.16.055 Change in massage establishment manager. If the owner of a I
establishment is not acting as the manager of the establishment, and there is a ct
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 I
establishment managers if the manager is not the establishment owner."
SECTION VI: That Title 5, Chapter 5.1 6 of the Carlsbad Municipal Code is amendc
amendment of Section 5.16.060 to read as follows:
" . . -. -
"5.16.060 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 Shi
in lieu of, and shall be in addition to, the license fee to be paid pursuant to the tern
chapter."
SECTlON VII: That Title 5, Chapter 5.1 6 of the Carlsbad Municipal Code is amendc
amendment of the heading and first paragraph of Section 5.1 6.070 to read as follows:
"5.16.070 License investigation 0 Massage establishment. Upon receipt of a c
application and fee, the chief of police shall have a reasonable time, not to exceed sia
which to verify the application information and to investigate the background of the appl
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
0 0
SECTION VIII: That Title 5, Chapter 5.1 6, Section 5.1 6.080 of the Carlsbad Municip,
. ."
is amended by the amendment of Subsection 5.16.080(c) to read as follows:
:-. "
"(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 document required bl
in conjunction therewith;"
SECTION IX: That Title 5, Chapter 5.1 6, Section 5.1 6.105 of the Carlsbad Municip'
is amended by the addition of Subsection 5.16.105(6) to read as follows:
"(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 r
technician, licensed massage technician trainee, or licensed holistic health practitioner to
a massage in a massage establishment."
SECTION X: That Title 5, Chapter 5.16 of the Carlsbad Municipal Code is amendec
amendment of Section 5.1 6.1 10 to read as follows:
"5.1 6.1 10 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
persons entering the premises where the massage, bath, or treatment is given.'
SECTION XI: That Title 5, Chapter 5.1 6 of the Carlsbad Municipal Code is amende(
amendment of the last sentence of Section 5.1 6.1 80 to read as follows:
'The records shall be maintained for a period of ninety days."
SECTION XII: That Title 5, Chapter 5.1 6 of the Carlsbad Municipal Code is amenc
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. NI
shall administer a massage for any form of consideration within the city unless such pel
been licensed as a massage technician or holistic health practitioner by the chief of polic
city and unlesssuch license remains in effect in conformity with the provisions of this chap
license issued pursuant to this section shall be valid for five years from the date of issuancl
suspended or revoked.'
SECTION XIII: That Title 5, Chapter 5.1 6 of the Carlsbad Municipal Code is amen
the deletion of Section 5.16.200.
SECTION XIV: That Title 5, Chapter 5.1 6 of the. Carlsbad Municipal Code is amei
the amendment of Section 5.16.210 as follows:
"5.1 6.210 License application - Massage technician and holistic health prac
Each application for a massage technician or holistic health practitioner license shall be s
1
2
3
4
5
6
7
0
9
10
11
12
13
14
15
16
17
1a
19
20
21
22
23
24
25
26
27
20
0 0
to the chief of police and shall contain the following information:
(aL;:The applicant's full name, residence address and telephone number;
(b)-The name and address and telephone number of the massage establishment wl
(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 tec
previously was denied the applicant or revoked and, if so, the circumstances of such d
revocation; (9 A photograph and complete set of the applicant's fingerprints which shall be 1
the chief of police or his agent;
applicant is to be employed and the name of the owner of same:
has been employed as a massage technician or holistic health practitioner;
(9) Wriien proof that the applicant is over the age of eighteen years;
(h) A certificate signed by a medical doctor stating that the applicant, within thi
immediately prior to filing his or her application herein, has been examined and found to b
syphilis, tuberculosis or other contagious. or communicable disease which is likel!
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 taugt of successful completion of two hundred hours of study from a recognized school is req
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 schoc
aforementioned minimum time periods. In lieu of the foregoing educational requirem
applicant for a massage technician license may submit verifiable written proof that he or
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 establis
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 stz
insurance by the provisions of which policy such company promises and undertakes to f
all legal liability incurred by the insured for damages to persons or property resulting fro1 practice jn .an mount as established by a resolution of the city council."
SECTION XV: That Title 5, Chapter 5.16 of the Carlsbad Municipal Code is ame
the amendment of Section 5.16.215 to read as follows:
"5.16.215 Investigation fee - Massage technician and holistic health practn
nonrefundable fee as set by resolution of the city council shall accompany the submissio
application for a holistic health practitioner or massage technician license to defray, in
costs of investigation. The fee shall not be in lieu of, and shall be in addition to, the lice1
be paid pursuant to the terms of this chapter."
SECTION XVI: That Title 5, Chapter 5.16 of the Carlsbad Municipal Code is amf
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
20
I
~
0 0
the amendment the title and first sentence of Section 5.1 6.220 to read as follows:
._ _d " "
"5;t6.220 License investigation - Massage technician and hollstic health prac Upon receipt of a completed application and fee, the chief of police shall have a reasona
not to exceed sixty days, in which to verify the application information and to investit
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 I
~ establishment license shall pay to the license collector a license fee in an amount establ
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 5.16.340 to read as follows:
"5.1 6.340 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 tt
showing the date the applicant was officially enrolled and the estimated date the appl
graduate. Applicants may also provide verifiable 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,Aating their willingness to employ the applicant to do massage as a
technician trainee working under the direct supervision and control of a licensed massage tc
or holistic-heatth 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 E
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."
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
2a
I I
m 0
SECTION.-&X. ” That Tie 5, Chapter 5.1 6 of the Carlsbad Municipal Code is amended by
amendment of the heading of Section 5.16.350 to read as follows:
-
-
“5.16.356 Massage school license.”
EFFECllVE 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 le;
in a newspaper of general circulation within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Counc
16th day of AUGUST , 1994, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of the Ci of Ci
on the 6th day of SEPTEMBER , 1994, by the following vote, to wit:
AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila
NOES: None
ABSENT: None
APPROVED AS TO FORM AND LEGAUTY
n
d /2 A-
ROWU R. BALL, City or e 9- 8 54-
AllEST:
AL€IHA t RAUTENKFWNZ, City Clerk \
(SEAL)
* "11 0 EXHIBIT 3 .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
2a
I1 RESOLUTION NO. 9 4 - 2 48
I I a,-. .... "
.. -<I- - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, ESTABLISHING MASSAGE TECHNICIAN AND HOLISTIC
" HEALTH PRACTITIONER LICENSE FEES.
WHEREAS, the City Council has determined it to be in the public interest to license I
technicians and holistic health practitioners within the City of Carlsbad; and
WHEREAS, massage technician and holistic health practitioner license.fees
are to be established by City Council Resolution pursuant to Carlsbad Municipal Code C
5.1 6.330;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, C
as follows:
1. That the above recitations are true and correct.
2. That a massage technician license fee of one hundred dollars ($1 00) is es
pursuant to Carlsbad Municipal Code Section 5.16.330.
3. That a holistic health practitioner license fee of fifty ($50) is established pu
Carlsbad Municipal Code Section 5.1 6.330.
PASSED APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council he
6th day of SEPTEMBEq 1994 by the following vote, to wit:
AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila
NOES: None
ABSENT: Mine
-
ATTEST:
ALETHA L RAU~ENKRANZ, city Clerk
(SEAL) 1
ll