ORDINANCE NO. 97-1173 "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING SECTION 5.04 OF THE HERMOSA BEACH MUNICIPAL CODE DEALING WITH LICENSING FOR MASSAGE ESTABLISHMENTS, AND ADDING CHAPTER 5.74 TO REGULATE MASSAGE THERAPY BUSINESSES ."

Submitted for adoption and waiver of full reading is Ordinance No. 97-1173 , relating to the above subject.

At the meeting of July 22, 1997, this ordinance was presented to Council for consideration and was amended to require annual medical certificates for all massage therapists and technicians, and to require that lighting comply with the Uniform Building Code. The ordinance, as amended, was then introduced by the following vote:

AYES: Benz, Bowler, Edgerton, Oakes, Mayor Reviczky

NOES: None

ABSENT: None

ABSTAIN: None

ORDINANCE. NO. 97-1173

AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING SECTION 5.04 OF THE HERMOSA BEACH MUNICIPAL CODE DEALING WITH LICENSING FOR MASSAGE ESTABLISHMENTS, AND ADDING CHAPTER 5.74 TO REGULATE MASSAGE THERAPY BUSINESSES.

WHEREAS, the City Council held a public meeting to consider the recommendation of the Planning Commission, and to receive oral and written testimony and made the following Findings:

A. Massage and other similar business offering therapeutic services have a legitimate place in the local business community. The City Council recognizes that the majority of massage therapy businesses are legitimate and desirable, however, sometimes such businesses are use to harbor illegal activity.

B. It is therefore necessary, in the interest of protecting the public health, safety, and welfare, to regulate massage business to ensure only legitimate massage businesses are permitted to operate within the City.

NOW, THEREFORE, the City Council City of Hermosa Beach, California, does hereby ordain as follows:

SECTION 1 . Amend Section 5.04, Classification B, Group 8 to read as follows:

"Group 8: Massage parlor therapy, practicing physiotherapy, health and physical culture establishments--seventy five dollars (75.00) per annum plus ten dollars (10.00) for each operator. Issuance of a business license for an independent Massage Therapy businesses requires prior approval of a Conditional Use Permit and compliance with the licensing requirements of Section 5.74.

SECTION 2 . Add Chapter 5.74 in its entirety to read as follows:

"Sec. 5.74.010 Definitions

"Massage Therapy Business." An establishment offering massage, alcohol rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body, unless such treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist or similar professional person licensed by the state as part of a medical clinic. This definition excludes a gymnasium/health and fitness center, school, barber/beauty shop, or similar establishment where massage or similar manipulation of the human body is offered by an individual as an incidental or accessory service and does not occupy more than 25% of the area of the establishment. This definition also specifically excludes Adult Massage as defined in Section 17.04.060.

Sec. 5.74.020 Massage Therapy Business Location - Conditional Use Permit Required

Before any location and building may be used for the purposes of massage therapy a Conditional Use Permit shall be obtained pursuant to Chapter 17.40 of the Zoning Ordinance.

Sec. 5.74.030 Massage Therapy Business - Massage Therapist License Required

The business shall be owned and/or operated by an on-premises City licensed Massage Therapist who meets the minimum qualification as set forth in this Chapter. Every person conducting, managing, owning, or operating a massage therapy business in the City, as defined in this section, shall procure a license in the manner prescribed in this section.

Sec. 5.74.040 Massage Therapist - Training and Education Required

A massage therapy business shall at all times be conducted, managed, and/or supervised by an on-premises Massage Therapist. The following are the minimum education and training requirements for a Massage Therapist:

A. Completion of a minimum of five hundred (500) hours of training in the theory, method, profession, and work of massage therapy from a recognized school, evidenced by a diploma or certificate of graduation from a recognized school;

B. Training and maintenance of certification to practice CPR and First Aid from the American Heart Associate, Red Cross, or the State of California;

Sec. 5.74.050 License Application

Every person desiring to obtain a license shall make an application to the City Finance Department. The applicant shall provide the following:

A . The full name, residence address, business address, and telephone numbers of the applicant, and the name under which the proposed business is to be conducted;

B. The full name, business address, residence address, and telephone numbers of any copartners, excluding limited partners, of the applicant;

C. The full name, residence address, business address, and telephone numbers of the property owner, in which the business is to be located, and the written consent of said owner to the operation of the business or a copy of the lease for the premises executed by the owner evidencing such consent;

D. Applicant's height, weight, color of eyes and hair, age, and date and place of birth;

E. The nature, name and place of applicant's business or employment during the five years immediately preceding the date of the filing of the application;

F. A two-inch square photograph of the applicant taken within sixty days immediately prior to the date the application is filed;

G. Such other identification and information as the Police Chief may require in order to discover the truth of the matters set forth in the application, including the right to take fingerprints, any additional photographs or to confirm the height and weight of the applicant;

H. Record of any conviction of violation of law, excluding minor traffic violations;

I. An annual certificate from a medical doctor stating that the applicant and any other massage therapist or massage technician employed or permitted to work by the applicant has, within sixty days prior thereto, been examined and found to be free of any contagious or communicable disease;

J. A statement in writing by the applicant that he or she certifies, under penalty of perjury, that all information contained in the application is true and correct.

Sec. 5.74.060 Facilities Necessary

A license shall not be issued pursuant to this Chapter unless an inspection by the City shows the business establishment complies with each of the following requirements;

A. Minimum lighting shall be provided in accordance with the Uniform Building Code;

B. All instruments used in massage shall be cleaned and disinfected;

C. Hot and cold running water, soap or detergent, and sanitary towels or air dryer shall be available on the premises;

D. Dressing and toilet facilities shall be provided for patrons;

E. Separate enclosed cabinets or containers shall be provided for storage of clean and soiled towels and linen;

Sec. 5.74.070 Conduct of the Business

A. The massage therapy business shall have at least one person who has a valid Massage Therapist license pursuant to this chapter on the premises during all operating hours.

B. Clean and sanitary towels and linens (washed in hot water a minimum of 140 degrees Fahrenheit) shall be provided for each patron of the business.

C. Standard or portable massage tables or a mat suitable for shiatsu or accupressure shall be used. Foam pads more than four inches thick or with a width of more than four feet may not be used. Beds, mattresses, and water beds may not be used nor be present anywhere on the premises.

Sec. 5.74-080 Investigation

Upon receipt of a complete application, it shall be forwarded to the Police Chief who shall conduct an appropriate investigation to determine whether said permit shall be issued in accordance with this chapter.

Sec. 5.74-090 Conditions for Issuance of License

After investigation, and report by the Chief of Police, the City shall issue or renew the license only when all of following conditions are met:

A . A completed written application form has been filed;

B. The required application fee has been paid;

C. The applicant has complied with all provisions of this Chapter and of the Municipal Code;

D. The building and facilities comply with all of the health, zoning, fire, building and safety requirements and standards of the State of California and of the City;

E. A determination that the applicant and any employee, agent, partner, director, officer, shareholder, associate, manager or any other person connected with the business for which the applicant is requesting a permit hereunder:

1. Has not been convicted in a court of competent jurisdiction of:

a) A violation of Health and Safety Code Section 1155; or,

b) A violation of Penal Code Sections 266I, 315, 316, 318, or 647(b); and,

2. Has not been convicted in any other State of any offense which, if committed or attempted in this State, would have been punished as one or more of the above mentioned offenses; and,

3. Is not required to register under the provisions of Penal Code Section 290; and,

4. Has not made any false, misleading or fraudulent statement in the application or in any report or record filed with the Chief of Police; and,

5. Has not had a permit or license for a similar type business revoked by the City or any other jurisdiction within the past three years.

SECTION 3. This ordinance shall become effective and be in full force and effect from and after thirty (30) days of its final passage and adoption.

SECTION 4. Prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause this ordinance to be published in the Easy Reader, a weekly newspaper of general circulation published and circulated, in the City of Hermosa Beach in the manner provided by law.

SECTION 4. The City Clerk shall certify to the passage and adoption of this ordinance, shall enter the same in the book of original ordinances of said city, and shall make minutes of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted.

PASSED, APPROVED and ADOPTED this 12th day of August by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

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