Loading...
HomeMy WebLinkAbout05 - Massage OrdinanceCOUNCIL MEETING: August 23, 1999 Agenda Item No.: s CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY August 23, 1999 TO: Mayor and Members of City Council FROM: Daniel K. Ohl, Deputy City Attorney RE: AMENDMENTS TO MASSAGE ORDINANCE — CHAPTER 5.50 As a result of ongoing discussions and meetings with longstanding members of the City's massage community, minor changes in the Municipal Code have been suggested and agreed upon. The changes provide options for those who have been members in good standing in the massage community while still allowing the City to make sure only trained, competent practitioners are permitted. The changes are as follows: 1. A three (3) year permit in place of a one (1) year permit. Section 5.50.070(B). 2. Applicants have the opportunity to take the written examinations twice in thirty (30) days instead of twice in sixty (60) days. Sections 5.50.020(8); 5.50.035(C). 3. Those seeking to renew their technician permits have the option of taking the written examination or submitting proof of completion of thirty -six (36) hours of continuing education from acceptable sources. Section 5.50.035(D)(2). 4. Those with three (3) or more sustained Municipal Code violations within a pen-nit period must retake the written examinations regardless of their continuing education efforts. Sections 5.50.020(B); 5.50.035(D)(2). Mayor and Members of City Council August 23, 1999 Page 2 5. Eliminating the requirement of providing photographs, as we now take them with a digital camera and put them on their identification tag. Section 5.50.020(A)(5)(e) and Section 5.50.035(A)(1)(e). The Police Department has been actively involved in the meetings and agreed to the proposed changes. RECOMMENDATION: Approve the proposed changes and proceed to second reading. % �Lgo) DANIEL K. OHL, Deputy City Attorney DKO:da Attachment F.\ users\cat \shared\CCmemo\MassageAmendC hapte r5.50.doc 0 0 ORDINANCE NO. 99- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTIONS 5.50.020; 5.50.035 AND 5.50.070 OF TITLE 5 OF THE NEWPORT BEACH MUNICIPAL CODE, PERTAINING TO MASSAGE ESTABLISHMENTS. The City Council of the City of Newport Beach does hereby ordain that certain Newport Beach Municipal Code sections are amended to read, in full, as follows: SECTION 1: Section 5.50.020 of Chapter 5.50 is amended to read as follows: 5.50.020 Application for Operator's Permit. A. Any person desiring an operator's permit for a massage establishment shall file a written application on the required form with the Police Department Community Services Officer who shall conduct an investigation. The application shall be accompanied by the appropriate filing fee established by resolution of the City Council. The application shall be completed and signed by the operator of the proposed massage establishment, if a sole proprietorship; one general partner, if the operator is a partnership; one officer or one director, if the operator is a corporation; and one participant, if the operator is a joint venture. The application for permit does not authorize operation of a massage establishment unless and until such permit has been properly granted. The application shall contain or be accompanied by the following information: 1. The type of ownership of the business, i.e., whether by individual, partnership, corporation or otherwise. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or charter together with the State and date of incorporation and the names and residence addresses of each of its current officers and directors, and of each stockholder holding more than five percent of the stock of that corporation. If the applicant is a partnership, the application shall set forth the name and residence of each of the partners, including limited partners. If it is a limited partnership, it shall furnish a copy of its certificate of limited partnership filed with the Secretary of State. If one or more of the partners is a corporation, the provisions of this subsection pertaining to corporations shall apply. The applicant corporation or partnership shall designate one of its officers or general partners to act as its responsible managing officer. Such designated persons shall complete and sign all application forms required for an individual applicant under this chapter, but only one application fee shall be charged. 2. The precise name under which the massage establishment is to be conducted. 3. The complete address and all telephone numbers of the massage establishment. 4. A complete current list of the names and residence addresses of all proposed massage technicians and employees in the massage establishment and the name and residence addresses of the manager or managing employee proposed to be principally in charge of the operation of the massage establishment. 5. A description of any other business operated on the same premises, or within the City or the State of California which is owned or operated by the applicant. 6. The following personal information concerning the applicant: a. Full complete name and all aliases used by the applicant; b. Current address and all previous residential addresses for eight years immediately preceding the present address of the applicant; age; C. Acceptable proof that the applicant is at least eighteen (18) years of d. Height, weight, color of hair, eyes and gender; ef. The applicant's complete business, occupation and employment history for eight years preceding the date of application, including, but not limited to, the massage or similar business history and experience of the applicant; fg. The complete massage permit history of the applicant; whither such person has ever had any permit or license issued by any Agency, Board, City, County, Territory or State; the date of issuance of such a permit or license, whether the permit or license was denied, revoked or suspended; or if a vocational or professional license or permit was denied, revoked or suspended; and the reason therefore; gh. All criminal convictions, including pleas of nolo contendre, +ithin the last ten years including those dismissed or expunged pursuant to Penal Code Section 1203.4, but excluding minor traffic violations, and the date and place of each such conviction and reason therefor; h+. A complete set of fingerprints taken by the Police Department. 7. The name and address of the owner and lessor of the real property upon or in which the business is to be conducted. In the event the applicant is not the legal owner of the property, the application must be accompanied by a copy of the lease and a notarized acknowledgment from the owner of the property that a massage establishment will be located on his/her property. 8. Authorization for the City, its agents and employees to seek 2 verification of the information contained in the application. 9. Such other identification and information as the Chief of Police may require in order to discover the truth of the matters herein specified and as required to be set forth in the application. 10. A statement in writing and dated by the applicant that he or she certifies under penalty of perjury that all information contained in the application is true and correct. 11. If, during the term of a permit, the permit holder has any change in information submitted on the original or renewal application, the permit holder shall notify the Police Department of such change within ten business days thereafter, in writing. B. Each operator and the operator's designated manager(s) must pass a written test dealing with the requirements of this chapter eve Amss:; m AnNas to ensure a complete understanding of the operator's and man ger's duties prior to the issuance of the operator's permit. A score of seventy (70) percent or better is required on each section of the written test. An applicant who fails to pass the ordinance examination shall not be eligible to take another examination until thirty (30) skty --(W days after the previous examinatio fi. An applicant who fails to pass upon a second attempt, shall not again be eligible until six months thereafter. If an applicant has three (3) or more susthined must take and pass the written examination designated in this chapter. I The examination will be in the English language. In the event the applicant requires that the ordinance examination be given in another language, the applicant must, on their own, make arrangements with a Court certified and Newport Beach Police Department approved interpreter to interpret the examination. Proof of valid Court certification must be provided) to the Chief of Police prior to the administration of the examination. SECTION 2: Section 5.50.035 of Chapter 5.50 is amended to read as follows: 5.50.035 Application for Massage Technician Permit. A. Any person desiring a massage technician permit shall file a written application on the required form with the Police Department Community Services Officer who shall conduct an investigation. The application shall be accompanied by the appropriate filing fee established by resolution of the City Council. The application shall contain the following information: 1. A statement of the exact location at which the applicant will be working as a massage technician, including the full street address and all telephone numbers associated with said location, and the name and address of the following personal information concerning the applicant: a. Full complete name, and all aliases used by the applicant, along with complete residence address and telephone; 3 b. All previous residential addresses for eight years immediately preceding the current address of the applicant; C. Acceptable written proof that the applicant is at least eighteen (18) . years of age; d. Height, weight, color of hair and eyes, and gender; nra ef. The business, occupation and employment history of the applicant for the eight years immediately preceding the date of the application; fg. The complete permit history of the applicant and whether isuch person has ever had any license or permit, issued by any Agency, Board, City, or other jurisdiction, denied, revoked or suspended and the reasons therefor. 2. All criminal convictions, including pleas of nolo contendre, within the last ten years, including those dismissed or expunged pursuant to Penal Code Section 1203.4, but excluding minor traffic violations, and the date and place of each such conviction and reason therefor. 3. A complete set of fingerprints taken by the Police Department. 4. Such other information and identification as the Chief of Police may require in order to discover the truth of the matters herein specified and as required to be set forth in the application. 5. Authorization for the City, its agents and employees to seek verification of the information contained in the application. 6. A statement in writing, and dated, by the applicant that he or she certifies under penalty of perjury that all information contained in the application is true and correct. 7. If, during the term of a permit, a permit holder has any change in information submitted on the original or renewal application, the permit holder shall notify the Police Department of such change within ten business days thereafter, in writing. B. Each applicant must furnish an original or certified copy of a diploma or certificate and certified transcript of graduation for completion of five hundred (500) hours of instruction from an approved or recognized school of massage, wherein the method, practice, profession, theory, ethics, anatomical and physiological knowledge and practice of massage is taught by State certified instructors. The applicant must also supply a course description, an outline of material covered, and a letter to the City from the school administrator verifying completion. 1. The Chief of Police may consider an applicant's study of massage completed outside the State of California if proof of completion from a formalized course of study in massage practice, anatomy, and /or physiology is provided with the application. Proof of completion shall include dates of study and the name, address and phone number of the school attended. 2. Any outside course of study submitted for approval shall meet the State of California's Office of Post - secondary Education's minimum requirements and be for completion of five hundred (500) hours of on- premises training. C. Each massage technician must pass a written test dealing with the requirements of this chapter every thirty -six (36) months. A score of seventy (70) percent or better is required on each section of the written test. An applicant who fails to pass the examination shall not be, eligible to take another examination until thirty 30 si -(60) days after the previous examination. An applicanj who fails to pass upon a second attempt, shall not again be eligible until six months thereafter. An additional processing fee may be required to be filed with the Chief of Police prior to each examination. The examination will be in the English language. In the event the applicant requires that the examination be given in another language, the applicant must, on their own, make arrangements with a Court certified and Newport Beach Police Department approved interpreter to interpret the ordinance examination. Proof of Court certification must be provided to the Chief of Police prior to the administration of the examination. D. The applicant must also meet and provide documentary proof of the • following requirements: 1. Completed five - hundred (500) hours of instruction in a massage specialty (therapeutic approach) at a recognized school of massage taught by State certified instructors. 2. The applicant must take and pass a written examination prior to the issuance of the massage technician permit. The applicant Must p Us-.-A score of seventy (70) percent better is required in each section of the written test. Upon renewal the app may take and pass the written examination as set forth in this Chapter, or, i or icant i the alternative, may show written proof that the applicant has taken and corn l ted a total of thirty -six (36) hours of continuing education within the oermit period from a State accredited institution as defined in this Cha ter or 'unior colle a or college courses in the areas designated in this Chapter. If an a licant has hree (3) or more sustained municipal code violations during any permit perio c the applicant, upon renewal, must take and Pass the written examinations designated in this Chapter regardless of any continuing education hours. The examination shall meet the following requirements: a. The examination shall fairly determine the ability of the applicant to perform the work which the applicant will be authorized to do by the permit applied for, and shall include, but is not limited to, the following subjects: anatomy, physiology, pathology, hygiene, contraindications, sanitation, massage theory, ethics of massage practice, first aid and CPR, and the provisions of this chapter. 5 b. Qualified persons shall prepare the examination. A qualified person shall have at least five years of licensing or practice in his or her health care field and shall include licensed health care professionals, such as doctors, chiropractors, massage therapists, massage school instructors, physical therapists and individuals who have pursued required courses in and graduated from an approved massage school and received a diploma from the massage school. C. The Chief of Police shall establish standards and procedures governing the administration and grading of all examinations and shall exercise such supervision as may be necessary to ensure compliance therewith. d. The examination will be in the English language. In the event that the applicant requires that the examination be given in another language, the applicant must, on their own, make arrangements with a Court certified and Newport Beach Police Department interpreter to interpret the examination. Proof of valid Court certification must be provided to the Chief of Police or his or her designee prior to the administration of the examination. e. An applicant who fails to pass the examination shall not be eligible to take another examination until this5at —(630) days after the pre ious examination. An applicant who fails to pass upon a second attempt, shall not be again eligible until six months thereafter. An additional processing fee shall be required to be filed with the Chief of Police prior to each examination and in accordance with the fee resolution. SECTION 3: Section 5.50.070 of Chapter 5.50 is amended to read as follows: 5.50.070 Transfer and Duration of Permits. A. No permit issued hereunder shall be transferable to any other person or establishment; provided, however, an additional location or change of location of a massage technician permit will be allowed upon prior written notice to the Chief of Police and payment of the appropriate transfer fee. B. Permits for massage operators, managers and technicians shall be renewed on a year- _te -yeaf basis for a aeriod of three (3) years provided th4t the permittees continue to meet the requirements set out in this chapter. C. Applications for the next ensuing permit shall be filed with the Chief of Police before the expiration of the existing permit. Temporary permits will not be issued and renewal applications must be filed no later than sixty (60) days prior to the expiration of the permit to prevent a lapse of the permit. D. Renewal applications shall require such information as may be required by the Chief of Police to update the information contained in the original permit application. The applicant shall accompany the application for renewal with the appropriate filing fee established by Resolution of the City Council. R SECTION 4: If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 5: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper of the City, and it shall be effective thirty (30) days after its adoption. SECTION 6: This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the _ day of , 19_, and adopted on the _ day of 19_, by the following vote, to wit: 0 AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS LTA Wfe- ATTEST: LaVonne Harkless, City Clerk F: \users\cat\da\sh ared\ Ordinance \Massage\AmendChapter5.50.doc E 7