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HomeMy WebLinkAbout03 - Massage Establishment Regulations - AmendedFebruary 24, 2015 Agenda Item No. 3 ORDINANCE NO. 2015- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING NEWPORT BEACH MUNICIPAL CODE CHAPTER 5.50 REGULATING MASSAGE ESTABLISHMENTS AND REPEALING CHAPTER 5.64 REGULATING HOLISTIC HEALTH PRACTITIONERS WHEREAS, the City of Newport Beach ( "City ") currently regulates massage establishments pursuant to Chapter 5.50 of the Newport Beach Municipal Code ( "NBMC ") through a City permit process; WHEREAS, in 2008, 2011 and 2014, the State Legislature adopted provisions in the California Business and Professions Code to provide for State certification of massage therapists and practitioners by a non - profit organization called the "California Massage Therapy Council' ( "CAMTC) (Bus. & Prof. Code §§ 4600 - 4621); WHEREAS, cities can adopt and enforce local zoning, business licensing, and reasonable health and safety requirements for massage establishments or businesses with CAMTC- certified massage therapists and practitioners; WHEREAS, the City desires to reduce City involvement in local massage therapy licensing, while still encouraging and facilitating the ethical practice of massage therapy and complying with State law, by relying upon ''the uniform statewide regulations and by restricting the commercial practice of massage in the City to those persons duly certified to practice by the CAMTC; WHEREAS, establishing one regulatory scheme for massage services will create a consistent and clear process for applicants and will enable consumers to identify legitimate massage professionals, thus protecting the health, safety, and welfare of the City and its residents; WHEREAS, Chapter 5.64 of the NBMC regulating holistic health practitioners is no longer necessary in light of amendments to Chapter 5.50 of the NBMC, a "as 4s reca,nwanded that Chapter 5.64 be e ; and WHEREAS, this ordinance is enacted pursuant to California Government Code sections 51030 -51934 and Business and Professions Code sections 4600 et seq. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: SECTION 1: Chapter 5.50 of the Newport Beach Municipal Code is hereby amended and renumbered as follows: