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HomeMy WebLinkAbout2000-10-24; City Council; 15943; Massage Business License Requirements/ I .- ‘.f--h Lt CITY OF CARLSBAD - AGENDA BIL, ?J/ 7 AB# Is,? 43 TITLE: REVISIONS TO MASSAGE BUSINESS, MASSAGE DEPT. HD. TECHNICIAN, AND HOLISTIC HEALTH PRACTITIONER MTG. !t)-$@ LICENSING ORDINANCE CITY ATTY. DEPT. CA/Police RECOMMENDED ACTION: Introduce Ordinance No. ti-j-beamending Chapter 5.16 of the Carlsbad Municipal Code to clarify the requirements for obtaining a massage business, a massage technician, or a holistic health practitioner license and to establish a reapplication waiting period. ITEM EXPLANATION: The recommended revisions clarify and refine the City’s licensing requirements in four respects. First, the revisions expand the grounds for denial of a license to include: being the subject of an injunction under the Red Light Abatement Act (i.e., for running a brothel), and having a license denied, suspended, or revoked for cause by another public agency. These are common grounds for denial in other cities and including them in the City of Carlsbad’s ordinance discourages individuals who are engaging in unlawful activities in other cities from relocating their activities here. Second, the revisions require the Chief of Police to disregard an applicants past conduct if the conduct occurred more than seven years before the application date ancJ the applicant demonstrates rehabilitation. Presently, the City of Carlsbad does not place any time limits on disqualifying conduct. However, many other cities do. (In fact, in some contexts, blanket disqualification has been found to be discriminatory because it disparately impacts some minority groups.) Depending on the city, the time limits range from three years to eight years, with five to seven years being common. These limits recognize that the passage of time reduces the relevancy of some conduct. They also recognize that some individuals who have engaged in past misconduct are able to rehabilitate themselves. By requiring the Chief of Police to consider both of these factors, relevancy and rehabilitation, before issuing or denying a license, the revisions further the public safety goals of the ordinance without overreaching. Third, the revisions allow the Chief of Police to attach conditions to the issuance of a license, including reducing the standard term of the license, if necessary to ensure the public safety objectives of the ordinance are met. Lastly, the revisions require applicants whose applications have been denied to wait at least one year before reapplying. This prevents the unnecessary expenditure of police resources evaluating back-to- back applications from the same applicant before enough time has passed to have a meaningful change in circumstances. FISCAL IMPACT: No fiscal impact is anticipated as a result of the revisions. ENVIRONMENTAL REVIEW: Pursuant to Public Resources Code section 21065 and CEQA Guidelines section 15378, the revisions do not constitute a “project” within the meaning of CEQA and, therefore, do not require environmental review. EXHIBITS: 1. Ordinance No 1\1s % 60 2. Strike-Out VersEf Revisions 1 ORDINANCE NO. Ns-560 2 3 4 5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, ‘CALIFORNIA, AMENDING CHAPTER 5.16 OF THE CARLSBAD MUNICIPAL CODE TO CLARIFY THE REQUIREMENTS FOR OBTAINING A MASSAGE BUSINESS, A MASSAGE TECHNICIAN, OR A HOLISTIC HEALTH PRACTITONER LICENSE AND TO ESTABLISH A REAPPLICATION WAITING PERIOD. 6 The City Council of the City of Carlsbad, California, does ordain as 7 follows: 8 SECTION 1: That section 516.020, paragraph (F) of the Carlsbad 9 Municipal Code is amended to read as follows: 10 11 12 9,?i fJjr7 aag 13 an0 oulg XlLLel S"Ej$ 14 tiCsa 9 009 a,22 15 ?di-b 16 aaca p$ agj E-2 l7 G 18 “5.16.020 Purpose and intent. For purposes of this chapter, the following words and phrases shall have the meanings ascribed to them in this section . . . . F. “Off-premises massage” means the activity of providing massage services at a location other than the premises designated in the license of a massage business pursuant to this chapter.” SECTION 2: That section 516.030 of the Carlsbad Municipal Code is amended to read as follows: 19 20 21 22 23 24 25 26 27 28 ‘516.030 Massage business 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 in the city a massage business unless a license for the operation of the massage business has been issued to the person by the chief of police and unless the license remains in effect in conformity with the provisions of this chapter. Except as provided in section 516.085, any license issued pursuant to this section shall be valid for five years from the date of issuance, unless suspended or revoked.” SECTION 3: That section 5.16.050, paragraph (L) of the Carlsbad Municipal Code is amended to read as follows: “5.16.050 License application - Massaqe business. Each application for a massage business license shall be submitted to the chief of police and shall contain the following information . . . . L. The history of the applicant in operating a massage business or similar business or occupation, including, but not limited to, whether the applicant has Ordinance No, NS-560 Page 1 of 6 2 1 2 3 4 5 6 7 8 9 10 11 12 2 colu~ yz-7 %s! 13 orug 2835 14 ;ggz gc;)oB 15 a,Ss $gsx 16 oga E m a22 g-3 l7 i3 18 19 20 21 22 23 24 25 26 27 28 had a massage business license, a massage technician or holistic health practitioner license, or a similar license denied, revoked, or suspended by any public agency and, if so, the reasons for and the circumstances surrounding the denial, revocation, or suspension;” SECTION 4: That section 5.16.080 if the Carlsbad Municipal Code is ~ amended to read as follows: “516.080 Issuance or denial of license. Based on the results of the chief of police’s investigation and upon the i reports received from other city departments, the chief of police shall issue the license if the chief of police finds: A. That the operation, as proposed by the applicant, if licensed, would comply with all applicable laws, including, but not limited to, the city’s building, zoning, fire, and health regulations; B. That the applicant or, in the case of an applicant which is a corporation or partnership, any officer, director, or holder of ten percent or more of corporation stock, has not been: 1. The subject of a permanent injunction issued under California Penal Code sections 11225 et seq. or a similar law in another jurisdiction; or 2. Convicted in a court of competent jurisdiction of: a. An offense involving the use of force or violence upon the person of another; b. A crime requiring registration under Section 290 of the California Penal Code or of any violation of Sections 2661, 315, 316, 318, or Subdivision (b) of Section 647 of the Penal Code: C. Any felony offense involving the sale of a controlled substance specified in Section 11054, 11055, 11056, 11057, or 11058 of the California Health and Safety Code; or d. Any act in another jurisdiction, which if committed in California, would be a violation of any of the above or would be grounds for denial, suspension, or revocation of a license under this chapter; C. That the applicant has not knowingly and with intent to deceive made any false, misleading or fraudulent statement of fact in the license application, in any related document, or in connection with the application process; D. That the applicant has not had a massage business license, a massage technician or holistic health practitioner license, or a similar license denied, suspended, or revoked for cause by any public agency; and E. That the applicant has met all of the requirements of this chapter. If one or more of the above findings cannot be made, the license shall be denied. However, in determining whether the above findings can be made, the chief of police shall disregard events that occurred more than seven years prior to the application date if the applicant demonstrates rehabilitation. In the event of denial, notification of and the reasons for denial shall be set forth in writing by the chief of police and shall be either hand delivered to the applicant or sent by registered or certified mail. The applicant shall, at the applicant’s election, have the right to receive a hearing before the city manager or the city manager’s Ordinance No. Ns-561) Page2 of 6 1 2 3 4 5 6 7 8 9 10 11 12 18 19 20 21 22 23 24 25 26 27 28 designee pursuant to the provisions of this chapter. If such a hearing is not requested within ten days of the notice of denial by the chief of police, the denial shall be final.” SECTION 5: That the Carlsbad Municipal Code is amended by the addition of section 5.16.085 to reads as follows: “5.16.085 Conditional issuance of license. The chief of police may condition the issuance of a massage business license as necessary to carry out the purposes of this chapter, including, but not limited to, reducing the term of the license to less than five years.” SECTION 6: That the Carlsbad Municipal Code is amended by the addition of section 5.16.090 to reads as follows: “5.16.090 Reapplication after denial. An applicant whose massage business license application is denied under this chapter may not reapply for a license until one year after the date the denial is final.” SECTION 7: That section 5.16.190 of the Carlsbad Municipal Code is amended to read as follows: “5.16.190 Massage technician or holistic health practitioner license required. No person shall administer a massage for any form of consideration within the city unless the person has been licensed as a massage technician or holistic health practitioner by the chief of police and unless the license remains in effect in conformity with the provisions of this chapter. Except as provided in section 5.16.225, any license issued pursuant to this section shall be valid for five years from the date of, issuance, unless suspended or revoked.” SECTION 8: That section 5.16.210, paragraphs E, J, and K, of the Carlsbad Municipal Code are amended to read as follows: “5.16.210 License application - Massage 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 . . . . “E. Whether the applicant has previously had a massage business license, a massage technician or holistic health practitioner license, or a similar license denied, suspended, or revoked by any public agency and, if so, the reasons for and circumstances surrounding the denial, suspension, or revocation; Ordinance No. ~3-560 Page 3of 6 1 2 3 4 5 6 7 6 9 10 11 12 13 16 19 20 21 22 23 24 25 26 27 26 “J. Before a license is issued to a holistic health practitioner, the applicant must furnish proof of membership in a state or nationally recognized organization devoted to and organized for the benefit and furtherance of holistic health practitioner practices as approved by the city manager. In the event of a dispute regarding a decision of the city manager under this section, an applicant may appeal to the city council by filing an appeal with the city clerk within ten calendar days of the written notice of decision by the city manager. The fee for filing an appeal under this section shall be established by a 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 deliver a policy of insurance in an amount established by resolution of the city council, from a carrier admitted and.authorized to do business in California, and under which the carrier promises and undertakes to pay in full all legal liability incurred by the practitioner for damages to persons or property resulting from the practitioner’s practice.” SECTION 9: That section 516.220 of the Carlsbad Municipal Code is amended to read as follows: ‘516.220 License investiclation and issuance - Massage 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 the chief of police finds: A. That the applicant has not been the subject of a permanent injunction issued under California Penal Code sections 11225 et seq. or a similar law in another jurisdiction; B. That the applicant has not been convicted in a court of competent jurisdiction of: 1. An offense involving the use of force or violence upon the person of another; 2. A crime requiring registration under Section 290 of the California Penal Code or of any violation of Sections 266i, 315, 316, 318, or Subdivision (b) of Section 647 of the Penal Code; 3. Any felony offense involving the sale of a controlled substance specified in Section 11054, 11055, 11056, 11057, or 11058 of the California Health and Safety Code; or 4. Any act in another jurisdiction, which if committed in California, would be a violation of any of the above or would be grounds for denial, suspension, or revocation of a license under this chapter; C. That the applicant has not knowingly and with intent to deceive made any false, misleading or fraudulent statement of fact in the license application, in any related document, or in connection with the application process; Ordinance No. 1~560 Page4 of 6 - - 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 la 19 20 21 22 23 24 25 26 27 28 D. That the applicant has not had a massage business license, a massage technician or holistic health practitioner license, or a similar license denied, suspended, or revoked for cause by any public agency; and E. That the applicant has met all of the requirements of this chapter. If one or more of the above findings cannot be made, the license shall be denied. However, in determining whether the above findings can be made, the chief of police shall disregard events that occurred more than seven years prior to the application date if the applicant demonstrates rehabilitation. In the event of denial, notification of and the reasons for denial shall be set forth in writing by the chief of police and shall be either hand delivered to the applicant or sent by registered or certified mail. The applicant shall, at the applicant’s election, have the right to receive a hearing before the city manager or the city manager’s designee pursuant to the provisions of this chapter. If such a hearing is not requested within ten days of the notice of denial by the chief of police, the denial shall be final.” SECTION IO: That the Carlsbad Municipal Code is amended by the addition of section 5.16.225 to read as follows: “516.225 Conditional issuance of license. The chief of police may condition the issuance of a massage technician or holistic health practitioner license as necessary to carry out the purposes of this chapter, including, but not limited to, reducing the term of the license to less than five years.” SECTION 11: That the Carlsbad Municipal Code is amended by the addition of section 5.16.230 to read as follows: “5.16.230 Reapplication after denial. An applicant whose massage technician or holistic health practitioner license application is denied under this chapter may not reapply for a license until one year after the date the denial is final.” 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 at 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 Council on the 24th day of October ,2000, and thereafter Ordinance No. ~~-560 Page 5of 6 -- 1 2 3 4 5 6 7 a 9 10 11 12 9 g %Y” -I- %X H l3 OWS 2q~ 14 ZgL-z 9 "09 15 a;Sa ZWv)o BBd,- ps 16 az!J c-0" l7 b la 19 20 21 22 23 24 25 26 27 28 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the day of , 2000, by the following vote, to wit: AYES: NOES: ABSENT: APPROVED AS TO FORM AND LEGALITY RONALD R. BALL, City Attorney CLAUDE A. LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk (SEAL) Ordinance No. m-560 Page6 of 6 MASSAGE BUSINESSES, MASSAGE TECHNICIANS, AND HOLISTIC HEALTH PRACTITONERS ORDINANCE REVISIONS Strike-Out Version 5.16.020 Purpose and intent. For the purpose of this chapter, the following words and phrases shall have the meanings ascribed to them in this section . . . . F. “Off-premises massage” means the activity of providing massage services at a location other than premises designated in the license of a massage business pursuant to this chapter. 5.16.030 Massaqe business 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 a business unless a license for the operation of issued by the chief of police ef#e&y and unl tth the provisions of this chapter. ny license issued pursuant to this from the date of issuance, unless suspended or revoked. 5.16.050 License application - Massaqe business. Each application for a massage business license shall be submitted to the chief of police and shall contain the followin L. The history of the applicant in massage business or similar business or o . . . . whether @ I A. That the operation, as proposed by the applicant, if licensed, would comply with all applicable laws, including, but not limited to, the city’s building, zoning, fire, and health regulations; B. That the applicant,i o in the me of applicant which is a corporation or partnership, any eiitf officers, directors, holders of ten percent or more of corporation stock, has not been V . . A crime requiring registration under Section 290 of the California Penal Code or of any violation of Sections 266i, 315, 316, 318, or Subdivision (b) of Section 647 of the Penal Cod-; SC. Any felony offense involving the sale of a controlled substance specified in Se 11054,11055,11056,11057,or11058ofthe Health and Safety C and with intent to deceive license shall be denied. e event of denial, notifications . The denied applicant receive a hearing before pursuant to the provisions of this chapter. If such a hearing is not requested within ten days of the notice of denial by the chief of police, the denial shall be final. 4 5.16.190 license required. Massaqe technician or holistic health practitioner No person shall administer a massage for any form of consideration within erson has been licensed as a massage technicia by the chief of police e#heeky and unless with the provisions of this chap shall y license issued pursuant to this section be valid for five years from the date of issuance, unless suspended or revoked. 5.16.210 License application - Massage 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 . . . . E. . . . . Whether m se is issued to a holistic health practitioner, oof of membership in a state or nationally recognized organized for the benefit and furtherance of holistic health practitioner practices as approved by the city manager. In the event of a a decision of the city manager under this section, an egg&w&- may appeal to the city council by filing an appeal with the city clerk within ten calendar days of the written notice of decision by the city manager. ~-~~~~~~~ for filing an appeal under this section shall be established by a resolution of the city council. The decision of the city council shall be final:: Before a license is issued to a holistic health practitioner, the practice Upon receipt of a completed app 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 chief of police shall issue the license if itG&eu& has not been convicted in a court of competent jurisdiction of: 1. An offense involving the use of force or violence upon the person of another; 2. A crime requiring registration under Section 290 of the California Penal Code or of any violation of Sections 2661, 315,316, 318, or Subdivision (b) of Section 647 of the Penal Code; 3. Any felony offense involving the sale of a controlled substance specified in Section 11054,11055,11056,11057, or 11058 of the California Health and Sa That the applicant has not knowingly and with intent to deceive made anv’false, misleading or fraudulent statement of fact in the license If one or more oft the event of denial, notification the notice of denial by the c to receive a hearing before pursuant to the tellrrts_ requested within ten days of shall be final. I2