SUBJECT: TEXT AMENDMENT 97-2

PURPOSE: TO CONSIDER ADDING MASSAGE THERAPY AS A CONDITIONALLY PERMITTED USE IN THE C-2 AND C-3 ZONES

INITIATED BY THE PLANNING COMMISSION

Planning Commission Recommendations

1. To amend the Zoning Ordinance to define and add "Massage Therapy Business" as a conditionally permitted use in the C-2 and C-3 zones;
2. To add special licensing provisions and minimum requirements for a massage therapy business to the Municipal Code.

Background

The Planning Commission, at their meeting of June 17, 1997, voted 5:0 to recommend the subject Zoning Ordinance amendments, and to further recommend City Council adoption of special regulations in the Business Licensing Section of the Municipal Code.

Currently the Hermosa Beach Municipal Code regulates Massage in the following ways:

The Zoning Ordinance Defines "Massage Parlor" as follows:

"Massage parlor" means an establishment where a massage, alcohol rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body is administered, unless such treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist or similar professional person licensed by the state. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa, or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.

The Zoning Ordinance also defines "Adult Massage Parlor", and specifically does not allow it as a permitted use since noting it is not a form of speech protected by the First Amendment.

"Massage Parlor" is not listed as a permitted use in any zone.

Section 5.04, Business Licenses, includes Classification B, Group 8 "Massage Parlor. Practicing physiotherapy, health and physical culture establishments--$75 per annum plus $10 per operator."

Initiation of this study was requested by a local practicing massage therapist who requested to be considered as similar to a health and fitness center and open an independent massage business.

Analysis

Staff reviewed several other cities ordinances dealing with massage and massage businesses, which have instituted various levels of regulation to deal with licensing of businesses and massage practitioners, health and sanitation, and prevention of criminal acts.

In the interest of creating opportunities for massage therapy businesses, while not unduly infringing on existing massage being offered as secondary to other uses, or creating unnecessary and burdensome regulations, staff focused on the issue of businesses which will be involved in massage as their primary activity. Massage offered as secondary to another business does not bring up the same concerns since the massage therapist, or technician working under the auspices of a spa, health club, or chiropractor takes up only a portion of a business space. These businesses, because space is shared, typically already have sanitary facilities, management practices to ensure cooperative use, and are insured.1

CONDITIONAL USE PERMIT

The requirement to obtain a C.U.P. will give the City the ability to evaluate each potential business applicant relative to the location and project specifics. The Planning Commission may impose conditions related to specific locational issues, or to deal with any anticipated project specific concerns. Other than the location or unique project specific issues, massage businesses should be regulated through a standardized permit and licensing process separate from the C.U.P.

Therefore the text amendment for the Zoning Ordinance is limited to defining, and establishing "massage therapy business" as a conditionally permitted use on the permitted use list, conditioned upon management by a licensed massage therapist as recommended below.

The Planning Commission recommended that opportunities for massage therapy businesses be allowed in the C-2 and C-3 zones.

MASSAGE THERAPY BUSINESS LICENSING

Staff is recommending a new chapter in the Municipal Code, Business License section to effect the licensing of the individual business operator with the main provisions summarized as follows:

The business shall be owned and/or operated by an on- premises City licensed Massage Therapist. Since there are no state licensing or certification for massage therapists, special licensing provisions are recommended to establish a City license for a Massage Therapist with the following requirements:

• The submittal of a detailed application for approval by the Police Chief, with authority to conduct a background check and fingerprinting if deemed necessary;
• A minimum training requirement for massage, including ethics, from a State recognized school, or comparable school in another State (500 hours);
• Training and maintenance through American Heart Association or Red Cross and certification to practice CPR and first aid;
• An annual health clearance, that the therapist is free from communicable diseases.
• The business must be maintained in sanitary condition with the following requirements:
• Separate enclosed storage for soiled and clean towels/linens
• Accessibility to private changing rooms and toilets, and hot and cold running water
• Cleaning and disinfecting massage instruments/equipment

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1. everal other cities which have adopted massage provisions, specifically require special licensing regulations for any and all persons engaging in massage. Thus, individuals who may be operating in another business or on an outcall basis (typically called "massage technicians" or "massage practitioners") are also required to meet minimum education levels, and go through Police background checks (with the exception of massage being provided by State Licensed Medical practitioners). Staff does not believe these additional regulations are necessary at this time, given that there are no current problems, and given the limited resources available to the City to effectively enforce and monitor compliance with such regulations. Also, the State may eventually take up this issue and provide statewide regulation of massage as is currently the practice in many other States.

Attachments

ORDINANCE. 97-

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 that 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 to read as follows 5.04, Classification B, Group 8:

"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, meeting 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 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 application to the City Finance Department. The applicant shall provide the following:

A. The full name, residence and 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 and business address, and telephone numbers of the property owner, in which the business is to be located, and written consent of said owner to 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, 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 herein before specific to the set forth in the application, including the right to take the fingerprints and any additional photographs or to confirm the height and weight of the applicant;

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

I. A certificate from a medical doctor stating that the applicant has, within sixty days prior thereto, been examined a found to be free of any contagious or communicable disease;

J. A statement in writing by the applicant that he or she, certified 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, and at least one artificial light of at least forty (40) watts shall be provided in each enclosed room or booth where massage services are being performed;

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 may 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 of 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 the Municipal Code

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

E. That the applicant, his, her, or its employees, agents, partners, directors, officers, shareholders, associates or managers or any 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), or

c) Has 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, or

2. Is not required to register under the provisions of Penal Code Section 290

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

4. 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 day of by the following vote:

ORDINANCE 97-

AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, TO AMEND THE ZONING ORDINANCE COMMERCIAL LAND USE REGULATIONS TO ADD "MASSAGE THERAPY BUSINESS" AS A CONDITIONALLY PERMITTED USE IN THE C-2 AND C-3 ZONES

WHEREAS, the City Council held a public hearing on June 17, 1997 to consider the recommendation of the Planning Commission to add "massage therapy" as a permitted use, subject to a Conditional Use Permit and to consider oral and written testimony and made the following Findings:

A. The current list of permitted uses includes allow massage therapy only in conjunction with and incidental to another use such as a health and fitness center, or medical clinic;

B. Massage Therapy is a commonly accepted alternative to traditional medicine, and as a supplemental treatment, to improve mental and physical health;

C. Making the establishment of a massage therapy business subject to obtaining a Conditional Use Permit, will allow a case by case review of any proposed location or type of establishment to ensure compatibility with surroundings, and consistency with the intent of the commercial zone;

D. The subject text amendment is exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to the general rule set forth in Section 15061(3) of the CEQA Guidelines, as there is no possibility that the modification to the text may have a significant effect on the environment.

NOW, THEREFORE, the City Council of the City of Hermosa Beach, California, hereby ordain that the Municipal Code, Title 17, Zoning, be amended as follows:

SECTION 1. Amend the land use matrix under Section 17.26.030, Land Use Regulations to add the following in alphabetical order within the matrix:

"

Use	C-1	C-2	C-3	See Section
Massage Therapy Business		U	U	17.40

SECTION 2.

1. Eliminate the definition for "Massage Parlor" from the Adult use definition Section 17.04.060.

2. Add the following Definition to Section 17.04.050 in alphabetical order

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

SECTION 3. Add the following to Chapter 17.40

"17.40.160 Massage Therapy Business

The following conditions and standards of operation, in addition to any other deemed necessary or appropriate to ensure compatibility with existing or permitted uses in the vicinity, shall be required:

1. A licensed Massage Therapist, pursuant to Chapter 5.74 of the Hermosa Beach Municipal Code, shall be on the premises at all times when the business is open. The business may employ technicians or aides only if supervised by a licensed Massage Therapist.

2. Management shall adopt, inform patrons and employees of, and strictly enforce all requirements of the Conditional Use Permit, and all regulations as set forth in Chapter 5.74.

3. Hours of operation shall be limited to between 7:00 A.M. and 10:00 P.M. or other hours as established by the Planning Commission if deemed necessary because of proximity to residential uses.

SECTION 4. 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 5. 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 6. 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 day of by the following vote:

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