Rancho Palos Verdes City Council
   

MEMORANDUM

TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS

FROM: CITY MANAGER

DATE: NOVEMBER 19, 2002

SUBJECT: ORDINANCE AMENDING REGULATIONS APPLICABLE TO THE ISSUANCE OF BUSINESS PERMITS AND THE REGULATION OF MASSAGE ESTABLISHMENTS AND MASSAGE TECHNICIANS

Staff Coordinator: Gina Park, Senior Administrative Analyst

RECOMMENDATION

Adopt Ordinance No. 384 "AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING TITLE 5 OF The RANCHO PALOS VERDES MUNICIPAL CODE BY AMENDING REGULATIONS GOVERNING MASSAGE ESTABLISHMENTS AND MASSAGE TECHNICIANS".

BACKGROUND/DISCUSSION

On February 19, 2002, the City Council adopted Ordinance No. 373, adopting by reference the Los Angeles County Code provisions governing massage establishments and massage technicians, as amended. Ordinance No. 373 became effective March 21, 2002, and establishes a comprehensive regulatory scheme to license massage establishments and massage technicians within the City’s borders. Among other things, Ordinance No. 373 sets minimum requirements for all massage facilities, including existing massage establishments, and requires a license for all massage establishments and all massage technicians providing massage services within the City.

On November 5th the City Council introduced Ordinance No. 384, as amended, to 1) eliminate any ambiguity regarding which specified professionals or State licensed professionals are exempted by Section 7.54.040; 2) introduce a hardship waiver procedure that allows the City Manager to waive required physical requirements for massage facilities under specific circumstances for existing businesses that provide massage services as a secondary service; and 3) authorize verification of applicant qualifications to perform massage services by administering written/practical examinations.

FISCAL IMPACT

The adopted governing regulations, as amended, for massage business licenses will result in additional staff time to process applications for business permits for massage technicians and massage establishments, however staff anticipates recovering the City costs by establishing new fees. Consideration of these proposed fees are scheduled for a public hearing on this same Council agenda.

PREPARED BY
Gina Park
Sr. Administrative Analyst

APPROVED BY
Les Evans
City Manager

Attachments:

ORDINANCE NO. 384

AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING TITLE 5 OF THE RANCHO PALOS VERDES MUNICIPAL CODE BY AMENDING REGULATIONS GOVERNING MASSAGE ESTABLISHMENTS AND MASSAGE TECHNICIANS.

THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Title 5 of the Rancho Palos Verdes Municipal Code is hereby amended by adding new Section 5.08.190 to Chapter 5.08 to read as follows:

"5.08.190. Section 7.54.060 of Massage Ordinance amended. Notwithstanding the provisions of Section 5.08.080, the Massage Ordinance is hereby amended by amending Section 7.54.060 thereof to read as follows:

‘Section 7.54.060. Employment of unlicensed massage technicians prohibited.

No licensee or person required by this Part 1 to obtain a license and no person or facility expressly exempted under Section 7.54.040 from the application of this Part 1 shall hire or employ a massage technician unless such massage technician possesses a valid, subsisting license required by Part 2 of this chapter or any paramount state law.’"

Section 2. Title 5 of the Rancho Palos Verdes Municipal Code is hereby amended by adding new Section 5.08.200 to Chapter 5.08 to read as follows:

"5.08.200. Section 7.54.200 of Massage Ordinance amended. Notwithstanding the provisions of Section 5.08.080, the Massage Ordinance is hereby amended by amending Section 7.54.210 thereof to read as follows:

‘Section 7.54.200. Massage technicians defined.

A. As used in Part 1 and Part 2 of this chapter, ‘massage technician’ means any persons, male or female, who administer to any person, for any form of consideration or gratuity, a ‘massage’ or ‘massage services’ as defined in Section 7.54.010 of this chapter. A ‘massage technician’ includes a student at a school of massage who administers a massage or massage services to any person who pays for or gives a gratuity for such, whether the payment or gratuity is to such student or to the school. A ‘massage technician’ also includes any person hired or employed by a person or facility listed in Section 7.54.040 to administer a "massage" or provide "massage services," unless the massage technician also is included within one of the exceptions specified in Section 7.54.040.’"

Section 3. Title 5 of the Rancho Palos Verdes Municipal Code is hereby amended by adding new Section 5.08.210 to Chapter 5.08 to read as follows:

"5.08.210. Section 7.54.196 added to Massage Ordinance. Notwithstanding the provisions of Section 5.08.080, the Massage Ordinance is hereby amended by adding Section 7.54.196 thereto to read as follows:

‘Section 7.54.196. Hardship waiver.

(a) Hardship waiver. Any person subject to the provisions of this Part 1 who provides massage services as a secondary service in connection with a business that was lawfully in existence at that location on February 1, 2002, where no more than one massage therapist provides massage services at said business at any one time, may apply for a hardship waiver relieving him/her from complying with the facilities requirements set forth in Sections 7.54.070 through 7.54.130, inclusive, under either of the following circumstances:

      1. the facility in question lacks the physical space to comply with the requirements set forth in Sections 7.54.070 through 7.54.130, inclusive; or
      2. compliance with the requirements set forth in Sections 7.54.070 through 7.54.130, inclusive, would cause an undue financial hardship to the applicant.

(b) Application. Requests for a hardship waiver shall be submitted to the City Manager on a form furnished by the City. The application shall be accompanied by a sworn affidavit, together with any supporting documents or materials, demonstrating to the reasonable satisfaction of the City Manager (or the City Manager’s designee) that the facility complies with the requirments of paragraph (a) of this section and lacks the physical space to meet the requirements set forth in Sections 7.54.070 through 7.54.130, inclusive, or that compliance with said requirements would cause an undue financial hardship to the applicant.

(c) Findings. The City Manager (or the City Manager’s designee) shall issue the hardship waiver or deny the request within fifteen (15) business days of receipt of the application. The City Manager or his or her designee may issue a hardship waiver if he/she finds that the facility complies with the requirments of paragraph (a) of this section and that the supporting documentation submitted with the application demonstrates to his or her satisfaction that either: (i) the facility lacks the physical space to meet the requirements set forth in Sections 7.54.070 through 7.54.130, inclusive, or (ii) compliance with the requirements set forth in Sections 7.54.070 through 7.54.130, inclusive, would cause an undue financial hardship to the applicant who is requesting the hardship waiver. The City Manager (or the City Manager’s designee) shall issue a written notice of determination and shall serve such written notice of determination on the person requesting the hardship waiver via certified mail, return receipt requested. If the application is denied, the notice shall set forth the reason(s) for the denial. The determination rendered by the City Manager (or the City Manager’s designee) shall be final.

(d) Duration of Waiver. Any hardship waiver granted pursuant to this Section shall immediately terminate if the facility is sold or ownership of the facility otherwise changes.’"

Section 4. Title 5 of the Rancho Palos Verdes Municipal Code is hereby amended by adding new Section 5.08.220 to Chapter 5.08 to read as follows:

"5.08.220. Section 7.54.240 of Massage Ordinance amended. Notwithstanding the provisions of Section 5.08.080, the Massage Ordinance is hereby amended by amending Section 7.54.240 thereof to read as follows:

‘Section 7.54.240. License – Applicant qualifications – Verification.

A. The applicant shall:

1. Furnish with his/her application a diploma or certificate of graduation from a recognized school wherein the method, profession and work of a massage technician is taught; or

2. Furnish with his/her application a diploma or certificate from a school outside of the state of California which substantially complies with the educational requirements of Section 29025 of the Education Code of this state; or

3. Have had not less than five years’ experience as a practicing massage technician and furnish proof thereof.

B. Any department that has as one of its duties the investigation of this licensed activity or enforcement of this title shall have the right to verify for authenticity the information supplied pursuant to this Section. Such verification may include administering oral or written practical exams to an applicant for a massage technician license for the purpose of determining the applicant’s qualifications to perform the massage services that would be authorized by the license.’"

Section 5. The City Clerk shall cause this Ordinance to be posted in three (3) public places in the City within fifteen (15) days after its passage, in accordance with the provisions of Section 36933 of the Government Code. The City Clerk shall further certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting, to be entered in the Book of Ordinances of the Council of this City.

Section 6. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage.

PASSED, APPROVED and ADOPTED this _______ day of _______________, 2002.

_____________________________
Mayor

ATTEST:

___________________________
City Clerk