HomeMy WebLinkAboutStaff Report Item 3.E 9/9/2013 74 g-Tide'ltenni#.3 .E
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DATE: September 9, 2013
TO: Honorable Mayor and Members of the City Council.through City Manager
FROM: Patrick Williams, Police Chief
SUBJECT: Adoption (Second Reading) of an Ordinance Adding Chapter 8.38, "Massage
Establishments and Massage Professionals,"to;the City of Petaluma Municipal
Code
RECOMMENDATION
It is recommended that the City.Council adopt an Ordinance.Adding Chapter 8.38, "Massage
Establishments and Massage Professionals," to the City of Petaluma Municipal Code.
• BACKGROUND
The.Ordinance Adding Chapter 838, "Massage Establishments and Massage Professionals," to
the City of Petaluma Municipal Code was introduced at the August 5, 2013 City Council
Meeting.
DISCUSSION
The intent of this ordinance is to establish licensing regulations for massage establishments and
professionals. The focus of the-ordinance is to serve the public interest,safety and welfare by
establishing minimum building standards, including sanitation and health standards, best
business practices and miniinum qualifications for massage professionals. The City's authority
to develop local regulations is found in California Business and Professions Code Section 4600.
The,proposed ordinance requires all massage professionals providing massage services within
the City to be..certified.bythe CAMTC,or to qualify for and obtain a Petaluma massage
professional permit in';accordance with the proposed ordinance. The ordinance'also establishes
that the business owner is responsible for the conduct of their employees at all times.
Additionally, the proposed ordinance provides the City of Petaluma with inspection rights to
ensure compliance with.the'provisions of the ordinance with consideration to minimize
disruption to thebusiness: As well, provisions in the ordinance include guidelines for operations
and limitations on hours of operation.
Although the August 5;,2013 staff report for the introduction of the ordinance made reference to
limiting outcallmassage to CAMTC certified professionals, the ordinance itself in both the first
Agenda Revieyr
City Attorney Finance Director City Manager
reading and now for the second reading does not include that provision. Also, the previous staff
report cited a-five (5) year time frame of continuous operation for those seeking a Petaluma
massage professional permit,the ordinance'itself in both the first reading and now for the
second reading only requires two (2) years of continuous practice in Petaluma.
The ordinance includes an alternative to the CAMTC certification requirement to permit existing
massage professionals to qualify for a.Petaluma massage professional permit by meeting the
following criteria: 1) continuous practice in Petaluma for two (2) or more years; 2) 100 hours of
formal education in massage therapyat an approved school, and 3) completion of a live scan and
permit application.
A 120 day application period commences on the effective date of the ordinance. During this
time, massage professionals may submit copies of their CAMTC certification or file applications
for Petaluma massage professional permits including documentation in support of the permit
criteria. Applicants would.continue to be permitted to provide lawful massage services within
the City until such time that their permit application is acted upon by department staff.
There has been no change in the ordinance language adopted in the first reading and what is
presented for the second reading and adoption. The proposed ordinance is a reflection of
Council direction and community`input. The adoption of this ordinance will help to reduce the
cost to the City and make the best use of the limited resources in the Police Department by
establishing best practices for the regulation of this business activity. This ordinance supports a
healthy businessclimate while reducing complaints and discouraging those that may conduct
unlawful activity. This ordinance will help free the Police Department to focus on other quality
of life issues in our community.
ATTACHMENTS
1. Ordinance
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA
ADDING CHAPTER 8.38, "MASSAGE ESTABLISHMENTS AND MASSAGE
PROFESSIONALS" TO THE CITY OF PETALUMA MUNICIPAL CODE
WHEREAS, this chapter is intended to provide for the orderly regulation of persons and
establishments engaged in massage therapy, while recognizing the practice of massage therapy
as a valid professional field; and
WHEREAS, in September 2008, the State of California adopted Senate Bill 731 (SB
731) codified in Business and Professions Code §§ 4600 et seq., creating a voluntary certification
program for massage professionals who meet certain educational requirements; and
WHEREAS, the California Massage Therapy Council ("CAMTC") began issuing
certificates on September 1, 2009; and
WHEREAS, qualified applicants that receive a certificate from the CAMTC and
massage establishment applicants that employ only massage professionals who have received
certificates from the CAMTC are entitled to practice massage therapy throughout the State
without having to comply with certain local government regulation not applicable to other types
of licensed professional services practitioners; and
WHEREAS, certain massage professionals within the City of Petaluma have obtained
massage therapy education from approved schools and have maintained massage practices within
the City for two years or more, but have not obtained certification from the CAMTC, unless
otherwise exempted by this ordinance; and
WHEREAS, by enacting Chapter 8.38, the City Council does not intend to regulate any
area preempted by state law, including but not limited to, Chapter 10.5 (commencing with
Section 4600 ) of Division 2 of the California Business and Professions Code.
NOW'THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
PETALUMA AS FOLLOWS:
Section 1. Chapter 8.38, "Massage Establishments and Massage Professionals" is hereby added
to the Petaluma Municipal Coae, to read in full as-follows:
Chapter 8.38 MASSAGE ESTABLISHMENTS AND MASSAGE PROFESSIONALS
8.38.010 Purpose and intent.
It is the purpose and intent of the city council that the operation of massage establishments and
massage professionals as defined in this chapter should be regulated so as to further the public
interest, safety, and welfare by establishing minimum building, sanitation, and health standards
for massage establishments and minimum qualifications for massage professionals consistent
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with applicable law, including existing authority for local regulation of massage establishments
and professionals.
8.38.020 Definitions.
For the purpose of this chapter, the following words and phrases shall mean or include:
A. "Approved school" means an approved school as defined in California Business and
Professions Code section 4600(a).
B. "California Massage Therapy Council" or "CAMTC" means the non-profit organization
created pursuant to Chapter 10.5 of the Business and Professions Code and/or any subsequent
amendment or superseding statute, and/or any successor organization.
C. "CAMTC certificate" means a certificate, or conditional certificate, issued by the CAMTC
to Massage Therapists, pursuant to California Business and Professions Code Section
4601(c), and/or to Massage Practitioners pursuant to subdivision 4601(b), or 4604(a), or
4604(c)4 and/or certificates issued pursuant to Chapter 10.5 of the Business and Professions
Code. When used in this chapter, "CAMTC certification" means having a valid CAMTC
certificate.
D. "Certified massage establishment" means a massage establishment that employs or uses only
massage professionals with CAMTC certification to perform massage services. Unless
otherwise stated, "certified massage establishment" includes certified sole proprietorships.
E. "Certified sole proprietorship" means a sole proprietorship where the owner has received
CAMTC certification and is the only provider of massage services for that business.
F. "Fee" means the amount applicants for new or renewed massage permits are required to pay
in accordance with section 8.38.090.
G. "Health officer" means the health officer of Sonoma County or his/her authorized
representative.
H. "Implementing Zoning Ordinance" means city ordinance no. 2300 N.C.S.
I. "Massage"means the method of treating the superficial parts of the body, excluding
specified anatomical areas, for medical or hygienic purposes, and not for purposes of
offering, engaging in or permitting specified sexual activities, by rubbing, pressing, stroking,
kneading, tapping, pounding, vibrating, or stimulating with the hands or other parts of the
body, with or without the aid of any mechanical or electrical apparatus or appliance
commonly used in the practice of massage, and with or without supplementary aids such as
rubbing alcohol, oils, powders, creams, lotions, ointment, or other similar preparations
commonly used in the practice of massage. Massage includes such manipulation of the body
or similar procedures described in this paragraph that are performed in hydrotherapy, spa or
similar bath facilities.
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J. "Massage establishment" means a business conductedby any individual, firm, association,
partnership, corporation or combination of individuals that provides or offers massage in
exchange for money or other consideration.
K. "Massage professional" means any person who administers massage to another person, for
any form of consideration or pecuniary compensation.
L. "Massage permit" means authorization issued in accordance with this chapter to massage
professionals practicing in the city that meet the requirements of section 8.38.060.
M. "Outcall massage" means massage performed not at a fixed location, but at locations
determined by the client or customer.
N. "Permit administrator" means the police chief of the city, his/her designee, or any other
person designated by the city manager to issue massage permits and enforce the regulations
contained in this chapter.
O. `Permitted massage establishment" means a message establishment, including sole
proprietorships, where not all the massage professionals have CAMTC certification, and
where all those massage professionals that lack CAMTC certification have a valid massage
permit issued in accordance with this chapter.
P. "Specified sexual activities"means any of the following:
1. Erotic touching or fondling of body, including, but not limited to, erotic touching or
fondling of a specified anatomical area.
2. Sex acts, actual or simulated including but not limited to intercourse, oral copulation,
masturbation or sodomy.
3. Excretory functions as part of or in connection with the activities specified in this section.
8.38:030 Exemptions.
The provisions of this chapter shall not apply to the establishments and individuals listed below
while engaged in the performance of the duties of their respective licensed or certificated
professions:
A. Physicians, surgeons, chiropractors, osteopaths, nurses or physical therapists who are duly
licensed to practice their respective professions in the state.
B. Hospitals, nursing homes, sanitariums, or persons holding an unrevoked certificate to
practice in the healing arts under the laws of the State of California, or persons working
under the direction of any such persons or in any such establishments.
C. Barbers, cosmetologists, and manicurists who are duly licensed under the laws of the state,
except that this exemption shall apply solely to the massaging of the neck, face, scalp, hair,
hands or feet of the customer or client.
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D. Teachers or students enrolled in a school, as defined in the Implementing Zoning Ordinance,
and participating:in the teaching and/or administration of massage by authorized school
employees in conjunction with athletic programs, training in the healing arts or other school
courses.
8.38.040 Obligation to apply for massage permit or provide CAMTC certificates within 120
days - —grace period.
Within one hundred and twenty (120) days of the effective date of this chapter, massage
professionals and massage establishments in operation in the city that are subject to the
requirements of this chapter must apply for massage permit(s) required by this chapter or provide
to the permit administrator copies of valid CAMTC certificates as required by this chapter.
Massage professionals and massage establishments that are subject to the requirements of this
chapter, that have a current city business license, and that have submitted a complete massage
permit application in accordance with this chapter may continue operation while the massage
permit application is processed. All massage professionals and massage establishments that are
subject to the requirements of this chapter, and that are in operation in city one hundred and
twenty one (121) days or more after the effective date of this chapter must have a current city
business license, and must have provided valid CAMTC certificates or applied for a massage
permit in accordance with this chapter, or be subject to penalties specified in this chapter and
other applicable laws.
8.38.050 Massage professionals— massage permit or copy of CAMTC certification and city
business license requirements.
A. Except as provided in section 8.38.040, it is unlawful for any ,massage professional subject
to the,requirements of this chapter to provide massage services or practice massage within
the city without a valid, unexpired and unrevoked massage permit issued by the permit
administrator or a valid, unexpired and unrevoked CAMTC certificate. Except for massage
professionals practicing massage only as an employee of a massage establishment, it is also
unlawful for any massage professional subject to the requirements of this chapter to provide
massage services or practice massage within the city without a current city business license
in accordance with Chapter 6.01 of this code.
8.30.060 Massage permit application requirements
Massage permit applications must be submitted using forms provided by the permit administrator
and include the following:
A. The applicant's full name, all other names the applicant uses or has used, the applicant's
residential address, and residence telephone number;
B. The name and address of the massage establishment where the applicant is to be employed
and the name of the massage establishment owner;
C. The names and addresses of any:and`all previous establishments where the applicant has been
employed as a massage professional, including evidence of continuous practice of massage
therapy in the city since January 1,2010;
D. A portrait photograph of the applicant at least two inches by two inches, together with a
complete set of the applicant's fingerprints which shall betaken by the permit administrator
or his/her agent;
E. Written proof that the applicant,is over the age of eighteen years;
F. A signed affidavit that the-applicant is not aware of having any contagious and/or
communicable disease capable of being transmitted through the performance of massage;
G. A copy of a diploma, certificate ofgraduation or transcripts of course work from an approved
school showing satisfactory completion of one hundred hours (100) or more of non-repetitive
curriculum, with a passing grade or better in health theory, health care, anatomy, physiology,
psychology, biomechanics,or_kinesiology or similar curriculum.
H. A statement signed by the owner or operator of a massage establishment indicating an intent
to employ the applicant as a.massage professional (unless the applicant is the massage
establishment owner or operator);
I. Each conviction, and each plea of guilty, or nolo contendere for violation of any of the
following,sections of theiCalifornia Penal Code:
1. 3660) (pandering);
2. 315 (keeping or residing in a house of ill fame);
3. 316.(keeping a disorderly house or lets any premises knowing that it is to be used for the
purpose of assignation or prostitution);
4. 318 (prevailing on a person to visit a place of prostitution);
5. Subdivision (a) of Section 647 (lewd conduct);
6. Subdivision (b) of Section 647 (disorderly conduct by soliciting or engaging in
prostitution);
J. Each conviction, and each plea of guilty or nolo contendere for felony offenses involving the
sale of controlled substance specified in Sections 11054, 11055, 11056, 11057, or 11058 of
the California Health and Safety Code;
K. Each conviction, and each plea of guilty or nolo contendere for misdemeanor or felony
offenses that relate-directly to the practice of massage;
L. Each conviction, and each plea of guilty or nolo contendere for a felony, the commission of
which occurred on the premises of a massage establishment, or in the course of massage;
M. Each conviction, and each plea of guilty or nolo contendere for an offense involving the use
of force and violence upon the person of another or for an offense involving the theft of
property;
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N. Each conviction, and each plea of guilty or nolo contendere for attempt or conspiracy to
commit any of in this section;
O. Each conviction, and each plea of guilty or nolo contendere for offenses committed in a
jurisdiction outside of the State of California, which if committed within the State of
California, would fall within one of the offenses listed in this section;
P. Whether the applicant is required to register under provisions of Section 290 of the California
Penal Code (registration:as a sex offender);
Q. Whether the applicant, or a.former employer of the applicant while so employed, or a
building in which the applicant was so employed, was ever subjected to an abatement
proceeding under Sections 11225-through 11235 (Red Light Abatement Act) of the
California Penal Code, or any similar provisions of law in a jurisdiction outside the State of
California; and
R. Whether any permit to engage^in the practice of massage as a massage professional or
otherwise has previously been denied applicant or revoked, and, if so, the circumstances of
the denial-or revocation.
8.38.070 Certified massage establishment and certified sole proprietorship requirements.
A. For massage establishments providing massage services within the city to qualify as certified
massage establishments in accordance with this chapter, the owner or operator of the
massage establishment must provide to the permit administrator copies of valid, unexpired,
unrevoked CAMTC certificates for each person the massage establishment will employ or
contract with for purposes of performing massage, and a copy of the owner or operator's
valid, unexpired and unrevoked CAMTC certificate, if applicable, when applying for a city
business license. For massage establishments providing massage services within the city to
qualify as certified sole proprietorships in accordance with this chapter, the owner or operator
of the massage establishment must provide to the permit administrator a copy of his or her
valid, unexpired and unrevoked CAMTC certificate when applying for a city business
license. Owners and operators of message establishments providing massage services within
the city must verify that the establishment meets the requirements for a certified massage
establishment in accordance with this chapter by completing the city form provided by the
permit administrator for that purpose.
B. For massage establishments providing massage services within the city to qualify as certified
massage establishments in accordance with this chapter, owners and operators who own five
(5) percent or more of the massage establishment and that do not have valid, unexpired and
unrevoked CAMTC certificates must also provide the following background information:
1. For owners or operators that are corporations, the names and residence addresses of each
of the officers and directors of the corporation and of each stockholder owning more than
five percent of the stock of the corporation.
2. For owners or operators that are partnerships, the names and residence addresses of each
of the partners, including limited partners.
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3. All,previous residential addresses-(if any) forthe five years immediately prior to the
presentaddress of owners or operators;
4. Written.proof that individual or partnership owners'or operators are over the age of
eighteen years;
5. For sole proprietorships Or-partnership owners or operators, the height, weight, color of
eyes andhair, and sex.of each proprietor or partner;
6. Two portrait photographs at least two inches by two inches for each owner or operator;
7. Business,occupation or employment of the owner or operator for the preceding five
years;
8. The owner or operator massage or similar business history,:including, but not limited to,
whether or not"such;person, in'previously operating in the:city or another city or State
under permit, has had such permit revoked or suspended and the reason, and the owner or
operator's business activity or occupation subsequent to the,suspension or revocation;
10. The name and address-of the owner and.lessor of the real property upon which the
massage;establishmentwill be operated and acopy ofthe:lease or rental agreement;
11. The information required by subsections 8.38.050:(1),through 8.38.050.(R) above for
each owner.and operator and
10: Such other identification;and information necessary to discover the truth of the required
background information, including fingerprints and additional photographs of any owner
or operator.
C. Upon receipt of completed;applications, the permit administrator will review applications for
compliance;of the establishment with applicable codes and regulations administered by the
city police department, and;as appropriate refer applications for:review by other departments
such as the building, fire, and development departments for review of application materials,
inspection of the premises,,and`other appropriate.review to determine compliance of the
establishment withlapplicatl'e',codes and regulations.
8.38.080.Pernritted,massage establishment requirements
A. It is unlawful for any owner or operator ofta massage establishment, except-for owners,and
operators of massage establishments that qualify as certified massage'establishments in
accordance with.section 8.38.070,'to provide or permit.to be provided massage services
within the city unless the.massage establishment qualifies as a permitte d massage
establishrnentin:accordance with this section.
B. For'massage establishments providing massage services within the city to qualify as
permitted massage establishments, each person the massage establishment will employ or
contract with for purposes of performing massage, and the owner or operator, if applicable,
that does not have a valid', unexpired, unrevoked CAMTC certificatemust have a valid,
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unexpired, tinrevoked massage permit issued in accordance with section 838.100 when
applying'for,a city business license. Owners and operators of message establishments
providing massage services within the city must verify that the establishment meets the
requirements for a permitted.massage;establishment in accordance with this section by
completing the city form provided by the permit administrator for that purpose.
C. For massage establishments,thatare providing massage services'within the city to qualify as
permitted massage establishments in accordance with this section, owners and operators of
the massage establishment that do not have valid, unrevokedCAMTC certificates must
provide the background information specified in section 8.38.060(C).
8.38.090 Fee required.
All applications far a massage permit must be accompanied by payment of the applicable fee
established"pursuant to this chapter,no,part of which shall be refundable The fee will be
established=from time to time byresolutionof the city council`and;include amounts intended to
cover the city's costs of`prooessing;,investigation, issuance, renewal, inspection, enforcement
and administration of the,permit;requirements contained in this'chapter, including but not limited
to, city'staff time'and costs and,attorney's fees and costs.
8.38.100'Issuance or denial of massage permits.
The permit administrator will';issue a:massage permit if upon investigation and the reports filed
it is found:
A. Neither the applicant, norsany person or entity subject to investigation in connection with the
application`pursuant to Section 8.38.060 has been convicted, pled guilty, or pled nolo
contendere':in a court of competentjurisdiction to any offense listed in Section 8.38.060,
subdivisions (I) - (0), and'is;not,required to register as•asex offender; and
B. Neither the applicant, including.applicant as a member of a corporation or partnership, nor a
former employer of the applicantwhilecso employed,;has ever been subjected to an
abatement proceeding under Sections 11225 through 11235 (Red Light Abatement Act) of
the California.Penal Code or any,similar provisions of law'in?a jurisdiction'outside the State
'Of California;; and
C. The,applicant has not had any massage establishment, massage professional license or permit
that was issued within the State of California, revoked; and
D. The applicant possesses the educational requirements set forth4in Section 8.38.050,
subdivision(G); and
E The operation;Gas proposed by the'applicant, if permitted, would comply with all applicable
laws, including,but not limited to,;the city's building, zoning, and health,regulations.
F. The applicant complies with all provisions of this chapter including the affidavit requirement
in section'8.36,060, subdivision(F); and
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G. Theapplieant hassmade nofalse; nisleading, or fraudulent statement in the permit
applicationior any other document required by the city in conjunction therewith.
Otherwise, the permit will be=denied..Notification of and reason(s) for massage permit denial
will be sentto theiapplicantby mail.
8.38.110 Renewal of massage permit; renewal fee.
A. Every massage permit issued or renewed shall have a term`of up to two years, and all
massage permits-shall expire on June 30`h of the second year following issuance or renewal.
Application for renewal Application-for renewal:of a massagepermit shall be made at least'thirty (30) days;before its
expiration upon;a.form.provided by''the city. If the information provided by.the applicant for
a prior application;or renewal is no longer complete and/or accurate, the applicant must
provideall information-necessary to update, add to or modify the information so that'it is
accurate.
B. The;massage permit renewal application must-be-accompanied by a renewal.fee as set from
time to time:by resolution of the city council. No part of renewal fee will be refundable. The
renewal fee is intended to,cover theCity's costs of processing, investigation, renewal,
inspection, enforcement and,administration of the permit requirements contained in this
chapter; including but not limited to sfafftime and costs and,legal fees and costs.
C. Prier the issuance of the renewal permit, the massage establishment may be subject to
physical or record inspections by permit administrator; as well as by the building department,
fire, and community development;departments of the.cityforthe purpose of assuring.
compliance-with thisichapter and applicable city, State or-federal law.
D. Each renewal application must be accompanied by a list of all massage professionals
employed at the massage establishment and copies of any CAMTC certificates or.-
massage
permits for the enmployees:and/or the massage establishmentowner(s) and/or operators.
8.38:120iMassage establishment,annual registration and notification of changes.
A- Every massage establishment must; at the time of application for and/or'renewal of a business
license,,provide to the city manager or his/her designee a complete list of all persons
providing;massage;at or in connection with the massage establishment; whether on the
massage establishment premises or otherwise, and provide copies of CAMTC certificates or,
massage permits:for each such person.
B. Within:five (5y-business days of any change.in address'or ownership-of the massage
establishment, every massage establishment owner or operator must provide written notice of
the changes:ttfthe city manageror his/her designee.
C. Within.f fteen 05) business.days of hiring a new massage professional, the owner or operator
of the massage,establishment must provide:a copy of the massage professional's CAMTC
certificate,or massage permit to the•city manager°or his/her designee. The requirement to
provide copies.of CAMTC'certificates or massage permits does not=affect the requirement to
maintain,evidence.onrthepremises of the massage establishment that the massage
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professionals employed_or retained`by;the massage establishment have CAMTC certificates
or massage permits:
D. Massage:establishment owners°andoperators have'a continuous duty to provide written notice
to the.city when massage establishment employees'or contractors have a CAMTC certificate
revoked or suspended.
8.38130'Certified:and permitted massage establishment operations.
Every certified and permitted massage establishment must comply with the following operating
requirements:
A. The owner or operator of must maintain a register of,all personsemployed:as massage
professionals and all massage professional contractors used and copies of CAMTC
certificates or massage permits for each massage professional. The register must be available
for inspection at,all,timesrduring,.regular business hours.
B. The massageestablishment,may be provide>massage services only between the hours a
seven a.m. and ten p.m..
C. A listof services availableand the cost of such services must be;posted in an open, public
place on the premises of the establishment. The list of services must describe all of the
servicesavailable in readily understandable language.,No owner, operator,responsible
managing,employee, manager, or supervisor may permit'and no massage professional may
offerto°perform, any services:other than those posted.
D. During all times that he/she:is performing or offering,to perform_massage;services in a
massage establishment, every massage professional must wear a badge that identifies his/her
first or last name: Upon receipt of a;request or complaint by a:patron, massage professionals
must advise the patron ofthe full.name:of the massage establishment through which the
massage services were obtained and;the contact information for the CAMTC or the city.
E. No person may enter, or be^or remain,-in any part of a massage establishment while in
possession, consuming, or using any alcoholic beverage or drugs'except pursuant to a
lawfully issued prescription;for-such drugs. Massage establishment owners, operators,
responsible managing,employees,;managers;and supervisorsmay+not permit any person to
enteror remain upon the massage:establishment premises in violation of this provision.
F. No massage professional may offer or engage in specified sexual activities'as part of his/her
massage services. No massage establishment may offer-or permit specified sexual activities
as part;of the massage services provided by the massage establishmentor on the massage
establishment.premises.
8.38.140 Sanitation and'safety requirements.
The city council finds that the requirements_of this section are reasonable health and safety
requirements:for,massage establishments and massage professionals. The requirements of this
section apply to all certified and permitted massage establishments and all massage
professionals providing massage services in the city; unless otherwisespecifred:
A. All massage establishments_are subject to periodic inspection by the city for safety of the
structure and the compliance of plumbing, ventilation, heating, sanitation and other facilities
with,applicable codes and regulations. The walls must be clean and painted with an approved
washable mold resistant paint:in all rooms wheremater'or steam baths are given. Floors must
be free from any accuritulations of dust, dirt, or refuse.
B. Towels, sheets,,linens,rrobes andall,other itemsrfor personal use operators and patrons
;must be clean, freshly laundered and not used for more than one patron. Heavy white paper
may be substituted for sheets, providedthat the paper is,used once for a person and then
discarded into.a:sanitaryieteptacle.
C. =Ali locker provided for the use of patrons must be fully secured for the protection of
'the.patron's valuables, andthepatron must be given control,of the key or other means of
access.
D. All main external front entrancedoorstinto the massage establishment and all internal doors
leading to massage'areas must remain unlocked during the business hours of the massage
establishment, unless thereis,notstaff available to assure;security for clients and massage
professionals who are behind-closed doors.
8:38.150 Inspection'by cityofficials.
The investigating,offrcialsdof the city, and the,Sonoma County Health Officer, will have the right
to enter massage establishment;premises from time to time during regular business hours:for the
purpose of making reasonable inspections;to enforce complianceFwith this chapter, or other.
building; fire,•electrical, plumbing,:health, or penal regulations. A warrant will be obtained
whenever required by law.
838.160 Massage;establishment owner and operator responsibility for employee acts.
Massage establishment.owners.and:operators will be responsible for the conduct of all
,employees, contractors, volunteersrand;other persons who provide massage on the premises or
througli arrangements with the massage establishment. All persons working in or:•for the
massage establishment will be.considered under the control°of the massage'establishment.for the
purposes of this chapter, including independent contractors and unpaid volunteers: Any act or
omissiontof massagerprofessionals;constituting a violation of this chapter will be deemed to be
the act or'oniission,ofthe massage establishment for purposesof enforcing this chapter.
8.38.170 Suspension orrevocation olpermits.
Any massage permit issued tinder this chapter is subject to suspension or revocation by the
permit administrator for violation of any provision of this chapter, violations of city, State or
federal law, or for any grounds.that would warrant the denial of the issuance of the permit(s) in
the first instance.
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8.38.180 Denial;suspension orrevocation of permits—appeal.
Any person or business_entity aggrieved by any decision of the permit administrator with respect
to the issuance or refusal to issue, suspension or revocation;of a permit may appeal-that action by
filing,a written notice,of appeal with the:city clerk. All,appeals will be heard by an
-administrative hearing officer'appointed:by the city. Upon receipt of an;appeal, the
administrative hearing officer will'fix`a time-and place for hearing such appeal. The city clerk
will give written notice,to the,appellant of the time and place of hearing bycausing the notice to
be personally served or deposited4n the;United States mail at Petaluma, California, postage
prepaid; pp provided on the written notice of appeal. The
administrative hearing officerwillthaveauthority to deteeririinea ll,questions;raised on appeal.
8.38.190 Changes;in law::
When reference is made in:thischapter'to any local law or regulation, or•to:anystate or federal
statute,-;regulation or other:law, the reference includes any subsequent amendment or superseding
provision.
8.38.200.Enforcement-and remedies
Any violation of this,chapter is+unlawful.and a public,nuisance: Provisions of this chapter are
enforceable pursuant-to chapters 1.1'0 through 1.16 of this code, or by any other judicial or
administrative penalties•and remedies'available to the city under.applicable local, state or federal
law. In'addition to,all,other legal,remedies provided for in this code, the operation of any
massage establishment and/or the provision of massage byany person in violation of this chapter
is deemed apublic nuisance and^maybe enjoined by the city.-Each instance of a violation of this
chapter; including each(day ofa;continuing violation by a massage establishment or massage
professional, constitutes'a separate violation. The remedies provided by this chapter are not
intended to preclude any otherremedy available at or in equity.
Section 2, The City Council finds that adoption'of this ordinance:is exempt from the California
Environmental Quality Act("CEQA"), pursuant to Sections 15061(b)(3)of the CEQA Guidelines
(Title 14,.:Chapter 3 of the,California,Code of Regulations) because there is no possibility that
the activity may have a'significant impact'on the environment.
Section 3:, If any section, subsection,;sentence, clause, phrase or word of this ordinance:is,for
any reason held.to be,unconstitutional,:unlawful or otherwise invalid by a court of competent
jurisdiction or preempted by°state legislation,such decision or legislation shall not-affect-the
validityof.the remaining portions of this.ordinance. The City Council of the-City of Petaluma
hereby declares that it would have passed and adopted:this=ordinance and each.and all provisions
thereof irrespective:of the factthat any one,or more of said provisions be declared
unconstitutional, unlawful:or otherwiserinvalid.
Section 4. The City Clerk is herebydirrected to publish or post this ordinance or a synopsis for
the period and in the-manner provided`by the City Charter and any otherapplicable law.
INTRODUCED and ordered;posted/published this day of , 2013.
14
ADOPTED this 'dayTof 2013 by the following,vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
David Glass„Mayor
ATTEST`: APPROVED AS TO FORM:
Claire Cooper, City,'Cletk Eric Danly„City Attorney