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HomeMy WebLinkAbout1997-11-18; City Council; 14443; AMENDMENT OF REGULATIONS FOR MASSAGE BUSINESSES AND HOLISTIC HEALTH PRACTITIONERS* ct(cY OF CARLSBAD - AGWA BILL 91 CI IT I AB ' w HEALTH PRACTITIONERS DEPT. CLK MASSAGE BUSINESSES AND HOLISTIC MTG. 11/18/97 TITLE: AMENDMENT OF REGULATIONS FOR DEPT. HD. A CITY ATTY - CITY MGR. - -_ I I 1 RECOMMENDED ACTION: Adopt Ordinance No. NS-430, amending Title 5, Chapter 5.16, of the Carlsbad Municipal Code to clarifjr the regulation of massage businesses and holistic health practitioners. ITEM EXPLANATION Ordinance No. NS-430 was introduced and first read at the City Council meeting held on November 4, 1997. The second reading allows the City Council to adopt the ordhance wGch would then become effective in thirty days. The City Clerk will have the ordinance published within fifteen days, if adopted. FISCAL IMPACT See Agenda Bill No. 14,423 on file with the City Clerk. EXHIBITS 1. Ordinance No. NS-430. z I- o P a 6 8 z 3 1 '1 2 3 4 5 6 7 8 9 10 11 12 n 3ug 2sa SQ5"- 14 &e S&%Z F52 Ee% 17 Yr 13 -low3 2yzg 15 $f$d 16 ALB ao-l 50 18 19 20 21 22 23 24 25 26 27 28 e a ORDINANCE NO. NS-430 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING EXISTING TITLE 5, CHAPTER 5.16 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF A NEW CHAPTER 5.16 FOR CLARIFICATION. The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: That existing Title 5, Chapter 5.16 of the Carlsbad Municipal Code is amended to read as follows: Chapter 5.16 Sections: 5.1 6.01 0 5.16.020 5.16.030 5.16.055 5.16.060 5.1 6.070 5.16.080 5.16.100 5.16.120 5.16.130 5.16.140 5.16.150 5.16.160 5.16.050 5.160170 5.16.180 5.16.190 5.1 6.21 0 5.16.220 5.1 6.240 5.16.250 5.16.255 5.16.260 5.16.270 5.16.280 MASSAGE BUSINESSES MASSAGE TECHNICIANS AND HOLISTIC HEALTH PRACTITIONERS Purpose and intent. Definitions. Massage business license required. License application-Massage business. Change in massage business manager. Investigation fee-Massage business. License investigation-Massage business. Issuance or denial of license. Massage business. Name of business. Change of location. Sale or transfer. Inspection. Massagist licensees to be employed. Massages at permitted locations,only. Records of treatments. Massage technician or holistic health practitioner license required. License application-Massage technician and holistic health practitioner. License investigation-Massage technician and holistic health practitioner. Transfer of license. Possession and posting of license Massage technician and holistic health practitioner operating requirements. Suspension or revocation of license. Hearing. Appeal. i 1 1 2 3 4 5 6 7 8 9 10 11 12 Qo, SUJ? 32 13 sea jU, 0ug 14 SO55 ac4 2y5g 15 ai$$ $E$!* 16 002 589 17 p2 50 18 19 20 21 22 23 24 25 26 27 28 0 e 5.16.290 5.16.300 5.16.310 5.16.320 5.16.330 5.1 6.340 5.16.350 5.1 6.360 5.16.370 Injunctive relief. Exemptions. Violations. Massage business license fee. Massage technician and holistic health practitioner license fee. Massage technician trainee license. Massage school license. Constitutionality. Interpretation. 5.16.010 PurDose and intent. It is the purpose and intent of this chapter to provide for the orderly regulation of the massage business in the city by the adoption of a licensing procedure for massage businesses, holistic health practitioners, and massage technicians. It is determined to be necessary to further preserve and protect the health, safety and welfare of the inhabitants o! this city through the enactment of standards of sanitation, professional competence, fire practitioners, and massage technicians. The business of massage is designated policc regulated. The ordinances codified in this chapter are adopted pursuant to Chapter 6, Part 1, o Division 1 of Title 5 (Sections 51030 through 51034) of the California Government Code anc other applicable laws. 5.1 6.020 Definitions. For the purpose of this chapter, the following words and phrases shall have thg meanings ascribed to them in this section: A. “Massage” means the administration by any person of any method o procedure of exerting or applying pressure, friction, moisture, heat or cold to the externa parts of the human body by any physical or mechanical means, excepting such rubbing stroking, kneading, pounding or tapping of the human body by any physical or mechanic; means and with or without the use of any ointments, liniments, oils, .alcohols, or othe substances as may be prohibited by state law; massage is administered or permitted to be administered either separately or in conjunctio with the ‘business of giving any Turkish, Russian, Swedish, vapor, sweat, electric, sal shower, sponge or any other kind or character of baths; C. “Massage technician” means any person who has obtained a massag technician’s license pursuant to this chapter; representative; a holistic health practitioner’s license pursuant to this chapter; safety and building construction in regard to massage businesses, holistic healtt B. “Massage business” means any business or operation wherein D. “Health officer“ means the health officer of the county or his authorize E. “Holistic health practitioner“ means any person who has obtained F. “Off-premise massage” means the activity of providing massag services at a location other than premises designated in the license of a massage busine: pursuant to this chapter; G. “Recognized school” means any school or institution of learning whic has for its purpose the teaching of a course consisting of the theory, ethics and practic methods,. profession or work of massage in not less than three calendar months, and whit school or institution of learning requires a resident massage technician or holistic heal practitioner be furnished with a diploma or certificate of graduation from such school 2 I Lg 28+? +g 2 S;g 25$6 pa g-2; - Yr uuh uo8 dVU% u89 V 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 i 28 0 0 institution of learning showing successful completion of such course of study already approved by the California State Department of Education or other comparable agency in another state. Schools offering correspondence courses not requiring actual attendance at class shall not be. deemed a recognized school; anus, perineum or female breasts below a point immediately above the top of the areola; to the provisions of this chapter. H. "Specified anatomical areas" means human genitals, pubic region, I . "License" means a license obtained from the Chief of Police pursuant 3.16.030 Massacre business license rewired. or carried on, in or upon or within any premises within the city a massage business unless a No person shall engage in, conduct, carry on or permit to be engaged in, conducted license for the operation of a massage business has been issued by the Chief of Police 01 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 five years from the date of issuance, unless suspended or revoked. 5.16.050 License atmlication-Massaae business. Police and shall contain the following information: Each application for a massage business license shall be submitted to the Chief o A. A definition of services to be provided; B. The location and mailing address of the proposed business; C. The name and residence address and phone number of the applicant; D. Name and address of all owners of the massage business, includini corporate officers and directors, stockholder owning more than ten percent of tht corporation, and- general, managing and limited partners. Corporations shall also furnis' the name and address of an agent for service of process and the state of incorporation; E, The applicant shall be the owner(s) of the massage business. If th applicant is not responsible for the daily management and operation of the business, th person who is responsible must also submit an application and pay a fee pursuant t Section 5.16.060. The owner(s) or lessor(s) of the premises upon which the massag business is to be conducted may, at the discretion of the Chief of Police, be required I submit an application, if such owner(s)/lessor(s) has any association or affiliation with th massage business in addition'to an ownership in the business premise; F. The previous address of the applicant, if any, for a period of five yea1 immediately prior to the date of the application and the dates of residences at each; G. 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 containir J. A complete.set of the applicant's fingerprints and a photograph whil K. Business, occupation or employment history of the applicant for tl the name, date of birth and photograph of the applicant; shall be taken by the Chief of Police or his agent; five years immediately preceding the date of the application; similar business or occupation, including, but not limited to, whether or not such person, previously operating in this or another city or state under license, has had such licen revoked or suspended and the reason therefor, and the business activity or occupati subsequent to such action of suspension or revocation; explanation of the circumstances thereof for the massage business manager, the opera 1 L. The history of the applicant in the Operation of a massage business M. All criminal convictions,- other than minor traffic violations, with a 3. /I 0 0 1 2 3 4 5 6 7 8 9 10 11 12 om Sui? Yr 13 !& OWY 4cLa aogs 14 m aC$E 2;Q OaB 15 gi!:~ 16 ZWCnO 00s 583 17 pz D 18 19 20 21 22 29 24 25 26 27 28 and the owner, including all partners, corporate officers and directors; N. At the discretion of the Chief of Police, the applicant may be required to submit the name and address of each massage technician or holistic health practitioner who is or will be employed in the business; 0. Such other identification and information necessary to discover the truth of the matters hereinbefore specified as required to be set forth in the application. 5.16.055 Chanqe in massaae business manager. If the owner of a massage business is not acting as the manager of the business, and there is a change in managers, the new manager shall submit information required for a massage business application to the Chief of Police or his agent within thirty days of becoming the new manager. The application information must be accompanied by an investigation fee pursuant to Section 5.16.060. No other license fee pursuant to this chapter shall be required due to a-change in massage business managers if the manager is not the business owner. 5.16.060 lnvestiaation fee-Massaae business. A nonrefundable fee in an amount established by City Council resolution shall accompany the submission of each application for a massage business license to defray, in part, the costs of investigation. The fee shall not be in lieu of, and shall be in addition to, the 1 license fee to be paid pursuant to the terms of this chapter. I 5.1 6,070 License investiqation-Massaqe business, Upon receipt of a completed application and fee, the Chief of Police shall have a reasonable time, not to exceed sixty days, in which to verify the application information and to investigate the background of the applicant. The Chief of Police shall notify the Planning, Building, Fire and Health Departments regarding the pending application. The notified departments, within the thirty days from the application date, shall inspect the premises proposed to be devoted to the massage businesses and shall make separate recommendations to the Chief of Police concernins compliance with the provisions of this chapter and with the other applicable provisions o state law and the municipal code. 5.16.080 Issuance of denial of license. Based upon the results of his own investigation and upon the reports received frorr the other City departments, the Chief of Police shall issue a massage business license if hc finds: A. That the operation, as proposed by the applicant, if licensed, woulc comply with all applicable laws, including, but not limited to, the City’s building, zoning, firc and health regulations: B. That the applicant, if an individual, or in the case of an applicant whicl is a corporation or a partnership, any of its officers, directors, holders of ten percent or mort of corporation stock, has not been convicted in a court of competent jurisdiction of; 1. An offense involving the use of force or violence upon thc person of another, or 2. A crime requiring registration under Section 290 of thl California Penal Code, or of any violation of Sections 2661, 315, 316, 31 8 or Subdivision (k of Section 647 of the Penal Code, or 3. Any felony offense involving the sale of a controlled substa specified in Section 11 054, 11 055, 11 056, 11 057, or 11 058 of the Health and Safety Code, I I1 4 0 0 n *% mu? Yr Ow% duo 3055 dCSa aOo8 2;LQ 02-10 aaqo 00s $89 p2 BO &i -Iz zuv) 1 2 3 4 D. The applicant has met all the requirements of this chapter. 4. Any of the above substantive offenses as defined in the laws of any jurisdiction other than the state of California, C. That the applicant has not knowingly and with intent to deceive made false, misleading or fraudulent statement of fact in the license application or any other document required by the City in conjunction therewith: If one or more of the above described findings cannot be made, the license shall be 5 writing by the Chief of Police and shall be sent to the applicant by means of registered or denied. In the event of denial, notifications and reasons for denial shall be set forth in 6 certified mail or hand delivery. The denied applicant shall, at his election, have the right to receive a hearing before the City Manager pursuant to the provisions of this chapter. If 7 such a hearing is not requested within ten days of the notice of denial by the Chief of Police 8 the denial shall be final. 9 5.16.100 Massacae business facilities. No license to conduct a massage business shall be granted unless an inspection b! 10 the City reveals that the proposed business premises compy with each of the followin( minimum requirements: identifying the premises as a massage business; code of the City and, in addition, at least one artificial light of not less than sixty watts shal '3 be provided in each room or enclosure where massage services are performed on patrons; C. Minimum ventilation shall be provided in accordance with the buildin! l4 code of the City; D.. Recognizable and legible signs shall be posted at all exits identifyin. l5 each such exit in accordance with the fire code of the City; E. Hot and cold running water shall be provided to a metal or cerarni l6 G. Closed cabinets shall be provided and utilized for the storage of clea 18 F. Equipment approved by the health department for disinfecting an 17 coated metal utility sink approved by the San Diego County health department; 11 12 A. A recognizable and legible sign shall-be posted at the main entranct B, Minimum lighting shall be provided in accordance with the buildin{ sterilizing instruments used in performing acts of massage shall be provided; linen; provided for patrons. A minimum of one tub or shower, one dressing room containing 2o separate locker for each patron to be served, which locker shall be capable of being lockec and a minimum of one toilet and one wash basin shall be provided by every massas business; provided, however, that if male and female patrons are to be serve 22 simultaneously at the business, a separate massage room or rooms, separate dressir facilities and separate toilet facilities shall be provided for male and female'patrons; furthe 23 in those businesses where steamrooms or sauna baths are provided, if male and femz patrons are to be served simultaneously, separate steamrooms or sauna rooms shall I 24 provided for male and female patrons; I. All walls, ceilings, floors, pools, showers, bathtubs, steamrooms a1 25 all other physical facilities for the business premises must be in good repair and maintain1 in a clean and sanitary condition. Wet and dry heat moms, steam or vapor rooms, or stez 26 or vapor cabinets, shower compartments, and toilet rooms shall be thoroughly cleaned a' 27 disinfected with a disinfectant approved by the health department each day the business in operation. Bathtubs shall be thoroughly cleaned and disinfected with a disinfect; 28 approved by the health department after each UI 19 H. Adequate bathing, dressing, locker and toilet facilities shall t: 21 /I 5 /I 0 0 I1 1 2 3 4 5 6 7 8 9 io 11 12 18 IO 20 21 22 23 24 25 26 27 28 n I?? KCLA 13 AIL0 SW? s:E 304s 14 ai3>o E=$ 2;3$ 15 ki PS 17 $!B$x 16 zwm aoJ Ei I J. Clean and sanitary towels and linens shall be provided for each patron of the business. No common use of towels or linens shall be permitted; K. A minimum of one separate wash basin shall be provided in each massage business premises for the use of employees of any such business, which basin shall provide soap or detergent and hot and cold running water at all times and shall be located within or as close as practicable to the area devoted to the performing of massage services. In addition, there shall be provided at each wash basin, sanitary towels placed in This section shall be construed to require minimum standards only. All applicable provisions of the municipal code shall have full force and effect and the applicant shall be required to comply therewith. permanently installed dispensers. 5.16.105 Massaae businesses operatina reauirements. The operating requirements for massage businesses are as follows: A. No owner, operator, responsible managing employee, manager, or permittee in charge of or in control of a massage business shall permit a massage to be by the business. Each business shall provide to all patrons clean, sanitary and opaque covering capable of covering the patron’s specified anatomical areas. No common use of such covering shall be permitted, and reuse is prohibited unless having been adequately cleaned; B. With the exception of bathrooms, showers and dressing rooms, no owner, operator, responsible managing employee, manager or permittee in charge of or in control of any massage business shall permit any person in any area within the massage business premise which is used by the patrons or which can be viewed by patrons from such an area, unless the person’s specified anatomical areas are fully covered. In addition. no owner, operator, responsible managing employees, manager or permittee in charge of 01 in control of a massage business shall permit any person to be in any room with anothel person unless all persons’ specified anatomical areas are fully covered; C. No owner, operator, responsible managing employee, manager 01 permittee in charge of or in control of a massage business shall permit any employee to bc on the premises of a massage business during its hours of operation of a massage business unless the employee is fully covered from a point not to exceed four inches abovt the center of the kneecap to the base of the next excluding the arms, with the fallowin( exception: shorts may be worn so long as they extend down the leg a minimum of thret inches from the crotch, and the body above the point is fully covered to the base of thc neck, excluding the arms. The covering, which includes trousers, pants or shorts, will be o an opaque material and will be maintained in a clean and sanitary condition; D. No owner, operator, responsible managing employee, manager o permittee in charge of or in control of a massage business shall, during ttie course of an: service or task associate with the operation of a massage business, permit any person t massage or intentionally touch the specified anatomical areas of another person; E. No owner, operator, responsible managing employee, manager c permittee in charge of or in control of a massage business shall permit persons other than licensed massage technician, licensed massage technician trainee or licensed holisti health practitioner to perform a massage in a massage business. 5.1 6.1 10 Disdav of licenses. Every person issued a license under the terms of this chapter shall display th license in a conspicuous place so that the same may be readily seen by persons enterir given unless the patron’s specified anatomical areas are covered by the covering provided the premises where the massage, bath, or treatment is given. I/ 6 1 2 3 4 5 6 7 8 9 10 11 12 Yr Kad 13 iU0 P swg s$j SO45 14 "='g ca= 9 09" 15 3233 583 gE$d 16 00s g:s 17 0' 18 19 20 21 22 23 24 25 26 27 ' I 28 a 0 5.16.120 Name of business. any name or conduct his business under any designation not specified in his license. No person licensed to do business as provided in this chapter shall operate under 5.76.730 Chancre of location, A change of location of a licensed massage business may be approved by the Chief of Police; provided all applicable provisions of this code are complied with and a change of location fee of fifty dollars to defray, in part, the costs of investigation and inspection has been paid to City. 5.1 6.140 Sale or transfer. Upon the sale or transfer of any interest in a massage business, the license for tha business shall be null and void. A new application shall be made by any person desiring t( own or operate the massage business. An application fee of fifty dollars shall be payabk for each such application. If the location of the licensed premises is to be changed, thf applicant shall also pay the change of location fee.required by Section 5.16.1 30. 5.16.150 Inspection. Representatives of the City departments of building inspection, housing, fire, polici and health shall have the right to enter the premises from time to time during regula business hours for the purpose of making reasonable inspections to enforce complianct with building, fire, electrical, mechanical, plumbing or health regulations. This shall no restrict or limit the right of entry vested in any law enforcement agency. The Cit] departments shall cause such inspections to be made at least twice a year. 5.1 6.1 60 Massaaist licensees to be emploved. No massage business licensee shall employ, or otherwise allow, any person t perform as a massage technician or holistic health practitioner who is not so licensed undc the terms of this chapter, 5.16.170 Massaaes at permitted locations onlv. No person shall administer a massage or permit a massage to be administered at ( upon any location or premises other than a validly licensed massage business, except th: validly licensed holistic health practitioners may administer off-premises massages betwee the hours of six a.m. and eleven p.m. The giving of massages at hours other than these prohibited. 5.1 6.1 80 Records of treatments. Every person operating a massage business under a license issued' pursuant to th chapter shall keep a record of the date and hour of each treatment, the name and addre: of the patron, and the name of the employee administering such treatment. The reco shall be open to inspection by officials charged with the enforcement of these provisions f the purposes of law enforcement and for no other purpose. The information furnished ' secured as a result of any such inspection shall be confidential. Any unauthorizc disclosure or use of such information by any officer or employee of the City constitutes misdemeanor and such officer or employee shall be subject to the penalty provisions Of f/ code, in addition to any other penalties provided by law. The records shall be maintain1 for a period of ninety days. 5.16.190 Massaae technician or holistic health practitioner license reauired. NO 7 I 1 2 3 4 5 6 7 a 9 10 - 11 12 om m> 13 susj i+gg so4s 14 ti F'4i o"2B 15 2;sz gyl?o aa%d 16 5s4 AOW% AfLB OO< gzz 17 is 18 19 20 21 22 23 24 25 26 27 28 ~ 0 0 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 five years from the date of issuance, unless suspended or revoked. 5.16.210 License aoolication-Massaae - technician and holistic health practitioner. Each application for a massage technician or holistic health practitioner license shall be submitted to the Chief of Police and shall contain the following information: A. The applicant's full name, residence address and telephone number; B. The name and address and telephone number of the massage business where the applicant is to be employed and the name of the owner of same; C. The names and addresses of any and alt previous businesses where the applicant has been employed as a massage technician or holistic health practitioner; 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 01 massage technician previously was denied the applicant or revoked and, if so, thc circumstances of such denial or revocation; F. A photograph and complete set of the applicant's fingerprints whict shall be taken by the Chief of Police or his agent; G. 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 thirty days immediately prior to filing his or her application herein, has been examinec which is likely to be communicated during the administration of a massage; I. Applicant must furnish a diploma or certificate of graduation from ~ recognized school or other institution of learning wherein the method, profession and wor of massage is taught. Proof of successful completion of two hundred hours of study from recognized school is required for a massage technician license and proof of successfl completion of one thousand hours of study from a recognized school is required for holistic health practitioner license. The City has the right to confirm the fact that th applicant has actually attended classes in a recognized school for the aforementione minimum time periods. In lieu of the foregoing educational requirements, an applicant for massage technician license may submit verifiable written proof that he or she has actual1 been engaged in practice as a massage technician for not less than one year and ha passed the national certification examination for massage therapists and bodywork; J. Before a license is issued to a holistic health practitioner, proof ( membership in a state or nationally recognized organization devoted to and organized fc the benefit and furtherance of holistic health practitioner practices as approved by the Ci section, an aggrieved person may appeal to the City Council by filing an appeal with the Ci Clerk within ten calendar days of the written notice of decision by the City Manager. Fee f filing an appeal under this section shall be established by a resolution of the City Counci K. Before a license is issued to a holistic health practitioner, the applica shall deliver a policy of insurance executed by a company duly authorized under the laws this state to do insurance by the provisions of which policy such company promises a1 and found to be ,free of syphilis, tuberculosis or other contagious or communicable diseasr Manager. In the event of a dispute regarding a decision of the City Manager under th ~ The decision of the City Council shall be final; 8 I 1 2 3 4 5 6 7 8 9 10 11 12 mug am Yr 13 0 pg iUCJ w8 14 304s dU'0 Zd3 9 "rr. 15 &3$ zulv)(J ab56 16 00s 582 0Z-I gys l7 0 18 19 20 21 22 23 24 25 26 27 28 0 e undertakes to pay in full all legal liability incurred by the insured for damages to persons or property resulting from such a practice in an amount as established by a resolution of the City Council. 5.16.215 lnvestiuation fee-Massaae 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. 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. 5.16.220 License investiaation-Massaae technician and holistic health practitioner. Upon receipt of a completed application and fee, the Chief of Police shall have a reasonable time, not to exceed sixty days, in which to verify the application information and to investigate the background of the applicant. Upon completion of that process, the Chief of Police shall issue the license if it is found that: A. The applicant has not been convicted in a court of competen jurisdiction of; 1. An offense involving the use of force or violence upon thc person of another, 2. Any crime requiring registration under Section 290 of thc California Penal Code, of any violations of Sections 2661, 315, 316, 318 or Subdivision (b) o Section 647 of the Penal Code, 3. Any felony offense involving the sale of a controlled substancc specified in Sections 1 1054, 1 1055, 1 1056, 1 1057 or 1 1058 of the Health and Safety Code, 4. Any of the above substantive offenses as defined in the laws o any jurisdiction other than the state; B. The applicant has not knowingly and with intent to deceive made an! false, misleading or fraudulent statement of fact in the license application or in any othe document required by the City in conjunction therewith; If one or more of the above described findings cannot be made, thl license shall be denied. In the event of denial, notifications and reasons for denial shall bl set forth in writing by the Ch'ief of Police and shall be sent to the applicant by means c registered or certified mail or hand delivery, The de,nied applicant shall, at his election, havl the right to a hearing before the City Manager pursuant to the terms of this chapter. If suc denial shall be final. 5.1 6.240 Transfer of license. a hearing is not requested within ten days of the notice of denial by the Chief of Police, th No holistic health practitioner or massage technician license is transferable. 5.16.250 Possession and Dostina of license. Each massage business licensee shall post in a conspicuous place within tt massage business the individual license of each massage technician or holistic heal practitioner performing massages in the business. Holistic health practitioners shall have 1 valid license in their possession when administering an off-premises massage. 5.16.255 Massaue technician and holistic health Dractitioner oDeratina reauirements. The operating requirements for massage technicians and holistic health practitione 9 I 1 2 3 4 5 6 7 8 9 10 11 12 $23 13 20w% so5s Aka 14 akjE nGo2 15 *;s2 ZS$d 16 zwmo E%$ $2: l7 g2g 402 0 18 19 20 21 22 23 24 25 26 27 28 I I 0 a are as follows: A. NO massage technician or holistic health practitioner, while performing any task or service associated with the business of massage, shall be present in any room with another person unless the person's specified anatomical areas are fully covered; 8, No massage technician or holistic health practitioner shall be on the premises of a massage business during its hours of operation while performing or available to perform any task or service associated with the operation of a massage business, unless the massage technician or holistic health practitioner is fully covered from a point not to exceed four inches above the center of the kneecap to the base of the neck, excluding the arms, with the following exception: shorts may be worn so long as they extend down, the leg a minimum of three inches from the crotch, and the body above that point is fully covered to the base of the neck, excluding the arms. In addition, no massage technician or holistic health practitioner shall perform any task or service associated with the business 01 massage while in the presence of another person unless the massage technician or holistic health practitioner is fully covered from a point not to exceed four inches above the center oi shorts may be worn so long as they extend down the leg a minimum of three inches from the crotch, and the body above that point is fully covered to the base of the neck, excludiq the arms. For purposes of this subsection, the covering, which includes trousers, pants o shorts, will be of an opaque material and will be maintained in a clean and sanitap condition; C. No massage technician or holistic health practitioner, while performin! any task or service associated with the business of massage, shall massage or intentionall: touch the specified anatomical areas of another person or allow another person to massagt or intentionally touch the specified anatomical areas of the massage technician or holistic health practitioner. 5.16.260 SusDension or revocation of license. In the event that any person holding a license issued pursuant to this chapte violates or causes or permits to be violated any of the provisions of this chapter or an provision of any other ordinance or law relating to or regulating massage businesse: holistic health practitioners, or massage technicians, or conducts or carries on sue' nuisance, the City Manager' may, in addition to other penalties provided by ordinance suspend or revoke the license as follows: A. The City Manager shall notify the licensee in writing of the intende action and the reasons therefor, and of the right to request a hearing in regard thereto; B. The action indicated in the written notice shall be final unless tt- licensee files a written request for hearing with the City Manager within ten days of tt- notice; accord with Section 5.1 6.270. 5.1 6.270 Hearing. Any person who has been denied a license by the Chief of Police or who is licensc pursuant to this chapter and who has received a notice of intent to suspend or revoke tt license may request a hearing before the City Manager. Upon receipt of a timely writtc request for hearing, the City Manager shall call a hearing and shall set forth in writing ar send to the applicant or licensee or permittee, by means of registered mail, certified mail hand delivery, notice that within a period of not less than five days nor more than fourtec days from the date of the posting of the notice, a hearing shall be conducted to determil the kneecap to the base of the neck, excluding the arms, with the following exception; business or occupation in an unlawful manner or in such manner as to constitute a publi C. If a notice of hearing is received, the City Manager shall proceed 10 1 2 3 4 5 6 7 8 9 10 11 12 32 13 a08 oug jU, yy$g 15 *>ma $Z$s 16 zwmo ou 17 18 19 20 21 22 23 24 25 26 27 28 Lg aKd SO45 14 aC4 ko0S p2 U0-J EO ~ 0 0 the existence of any facts which constitute grounds for the denial, suspension or revocation of a license or permit. The notification shall include the date, time and place of the hearing. The hearing shall be conducted by a hearing officer appointed by the City Manager. The applicant, licensee or permittee may have the assistance of counsel or may appear by counsel and shall have the right to present evidence. In the event that the applicant, licensee or permittee, or counsel representing the applicant, licensee or permittee, fails to appear at the hearing, the evidence of the existence of facts which constitute grounds for the denial, suspension or revocation of the license or permit shall be considered unrebutted. The hearing need not be conducted according to the rules of evidence. Any relevant evidence may be admitted and considered by the City Manager if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs. Objections to evidence shall be noted and a ruling given by the hearing officer. A copy o the decision of the hearing officer specifying findings of fact and the reasons for the decisior shall be furnished to the applicant or licensee. The hearing officer shall inform the part) against whom the decision is rendered of his right to appeal to the City Council pursuant tc this chapter. Any decision not so appealed is final. 5.1 6.280 Appeal. Within ten days after receipt of the decision of the hearing offiker, any party affectec by the decision may file with the City Clerk a written request for a public hearing before tht City Council. Upon the filing of such a request, the City Clerk shall, within fourteen day! thereafter, set the matter for a hearing and shall notify the appellant of the date, time ant place of such hearing at least five days before the hearing date. At the hearing, any persot may present evidence in opposition to, or in support of, appellant’s case. At the conclusior of the hearing, the City Council shall either grant or deny the appeal, and the decision of thc City Council shatl be final. 5.16.290 lniunctive relief. massage business in violation of the terms of this chapter is a public nuisance and may b enjoined by the City. 5.1 6.300 Exemptions. In addition to the legal remedies provided for in this code, the operation of an This chapter shall not apply to: A. Physicians, surgeons, chiropractors, osteopaths, psychiatrist! psychologists, clinical social workers, family counselors and clergymen who are licensed 1 practice their respective professions in the state or who are permitted to practice temporari under the auspices of an associate or business duly licensed in the state; 6. Nurses who are registered under the laws of this state and wt administer a massage in the normal course of nursing duties; C. A trainer of any duly constituted athletic team who administers massage in the normal course of training duties; D. Barbers and beauticians who are duly licensed under the laws of tl state and who administer a massage in the normal course of their duties; E. Any duly licensed business in which the above described perso F. Hospitals, nursing homes, sanitariums, persons holding an unrevokl certificate to practice the healing arts under the laws of the state, or persons working unc the direction of any such person or in any of such businesses. ~ practice their respective professions: I I 11 1 2 3 4 5 6 7 a 9 10 11 12 1?1 13 iU0 Ow8 so-js 14 ‘a SW; s$ E-> .t’$ 0 2Lg* , .,p 15 c=$ 17 0 z d O. 16 arrqo 008 Low a0-I u 78 19 20 21 22 23 24 25 26 27 28 ~ 0 0 5.1 6.31 0 Violations. guilty of a misdemeanor punishable as provided in Section 1.08.010. 5.1 6.320 Massacle business license fee. Any person obtaining a massage business license shall pay to the license collector a license fee in an amount established by City Council resolution and payable when the license issues. This license fee shall be in lieu of a business license tax. 5.16.330 Massaae technician and holistic health practitioner license fee. Any person obtaining a license to act as a holistic health practitioner or massage technician shall pay to the license collector a license fee in an amount established by the City Council resolution. This license fee shall be in lieu-of a business license tax. 5.16.340 Massaae technician trainee license. Any person who violates any of the provisions of this chapter upon conviction is The following provisions apply to a massage technician trainee license: A. Any person who qualifies f0r.a massage technician license but for the educational requirement of Section 5.16.210 may obtain a trainee license. Such persor must be enrolled in a “recognized school” and submit a letter from the school showing the date the applicant was officially enrolled and the estimated date the applicant will graduate.’ Applicants may also provide verifiable proof that they are registered to take the nationa certification examination for therapeutic massage and bodywork in lieu of the educationa requirement; B. Applicant shall also submit a letter signed by the owner of a massagc business, or their representative, stating their willingness to employ the applicant to dc massage as a massage technician trainee working under the direct supervision and contra of a licensed massage technician or holistic health practitioner during the time the applican is completing a course of study as a massage technician at a recognized school or until thf applicant has successfully passed the national certification examination for therapeutic massage and bodywork; C. The massage trainee license shall expire one year form the datt issued and is not renewable, except in the case of sickness or accident for which reason thr education or certification exam was delayed. Applicant is expected to successfull; complete the massage technician course of study or pass the national certificatiol examination for therapeutic massage and bodywork during the one-year time period thc license is valid. The trainee must at all times comply with all laws and ordinances in effec and the failure to comply may render the applicant ineligible to obtain a massagl technician’s license. 5.1 6.350 Massaae school license. It is unlawful for any person to operate massage school in the City unless that schoc has qualified as a “recognized school’’ as defined in this chapter. If a school so qualifies, shall be treated as a massage business for licensing purposes and shall be subject to a provisions of this chapter applicable thereto. Any persons employed in the school and involved with giving massage for instructio or other purposes, shall be considered massage technicians for licensing purposes an shall be subject to provisions of this chapter applicable thereto. 5.16.360 Constitutionalitv. If any section, subsection, sentence, clause or phrase of this chapter is for I ..A I 1L I 0 0 1 2 3 4 5 6 7 8 9 10 11 12 n $$ %E8 i;;3 aZpH 2;sz 002 3p 13 so4s 14 nbo2 15 ZWWo gZ$d 16 582 17 $23 G 18 19 20 21 22 23 24 25 26 27 28 any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this chapter. The Council declares that it would have adopted the chapter and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invajid. 5.16.370 interwetation. necessary and appropriate by the Chief of Police for the public protection and welfare and in order to accomplish its purpose and intent. This chapter shall be construed liberally in favor of regulation as determined if EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the city clerk shall certify the adoption of this ordinance and cause it to be published a1 least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Counci on the 4th day of NOvember , 1997, and thereafter PASSED AND ADOPTED at a regular meeting of the City Council of the City oi Carlsbad on the *day of November , 1997, by the following vote, to wit: AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, and Hall NOES: None ABSENT: None APPROVED AS TO FORM AND LEGALITY ATTEST: - Lh7L 2. kL.Ja- ALETHA L. RAUTENKkANZ, City Clerk’ 13 *