HomeMy WebLinkAboutStaff Report 3.E 09/16/2013 4g-endc It n #3 .E
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DATE: September 16,2013:
TO Honorable Mayor and Members of the City Council`through City Manager
FROM: Patrick Williams,,Polioe Chief
SUBJECT: Adoption(Second.Reading) of an,Ordinance Adding Chapter 838, "Massage
Establishmentsand Massage Professionals," to'the City of Petaluma Municipal
Code
RECOMMENDATION
It is"recorninended.that the City Council adopt an Ordinance Adding.Chapter8.38, "Massage
Establishments`and.`Massage Professionals," to the City of Petaluma Municipal Code.
BACKGROUND
The Ordinance Was,introduced at the:August 5, 2013 City Council meeting. At the second
reading of the ordinance on September 9, 2013, the City Council requested and approved one
additional change, and subsequently re-introduced the ordinance:for'first reading.
DISCUSSION
The ordinance requires all massage professionals providing massage services'within the City to
be certified by-the•CAMTC or to qualify;for and obtain a Petaluma massage professional permit.
Theeordinance also establishes that the:business:owner is-responsible-for the conduct of their
employees at all times, and provides the City of Petaluma with'inspection rights to ensure
• compliance with the provisions;of the ordinance. As well provisions-in the ordinance include
guidelines.for operations andlithitations on hours of operation.
The ordinance does:"not regulate outcall massage. The ordinance requires CAMTC'or a City
permit to perform massage service in the City (including=outcall). At the:September-'9'1' meeting
y Council q ge,;whicli'wasincluded.inthe
theiCit Council-re uested'that the definition of outcall massy
ordinance`but is,not needed, be removed,since outcall massage'is;not'treated any differently from
any other type of massage. The ordinance presented for,second reading does not include the
definition..
ATTACHMENTS
1. Ordinance
Agenda Review;
City Attorney ; f� Finance Director City Manager
EFFECTIVE DATE ORDINANCE NO 2473 N.C.S.
OF ORDINANCE
1 Introduced by Seconded by
2
3
4
5
6
7
8 AN ORDINANCE OF THE CITY COUNCIL.OF.THE CITY OF PETALUMA
9 ADDING 8.38, "MASSAGE ESTABLISHMENTS AND MASSAGE
10 PROFESSIONALS" TO THE'CITY.OF PETALUMA MUNICIPAL CODE
11
12
13 WHEREAS,this chapter is•intended to provide for the orderly regulation of persons and
14 establishments engaged in massage therapy, while recognizing the'practice of massage
15 therapy as a valid professional:field; and,
16
17 WHEREAS, in September 2008,„the State of California adopted Senate Bill 731 (SB 731)
18 codified.in Business and Professions Code §§ 4600 et seq., creating a voluntary certification
19 program for massage professionals who meet certain educational requirements; and,
20
21 WHEREAS, the California Massage Therapy Council ('CAMTC") began issuing certificates
22 on September 1, 2009; and,
23
24 WHEREAS, qualified applicants that receive a certificatefrom,the CAMTC and massage
25 establishment applicants that employ only massage professionals who have received
26 certificates from the CAMTC are entitled to practice massage therapy throughout the State
27 without having to comply with'certain,local`government regulation not applicable to other
28 types of licensed professional servides practitioners; and,
29
30 WHEREAS, certain,massage professionals within the City of Petaluma haveobtained
31 massage therapy education'from approved schools and have maintained,massage practices
32 within the City for two years or more, but have not obtained certification from the CAMTC, unless
33 otherwiseiexemptedby this ordinance; and,
34
35 WHEREAS; by enacting Chapter 838, the City Council does not intend to regulate any
36 area,preempted by state law, including but not limited to Chapter 10.5 (commencing with
37 Section 4600) oPDivisidn 2 of the California Business-and Professions Code.
38
39 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF`P,ETALUMA AS
40 FOLLOW&
41
42 Section 1. Chapter 8.38, 'Massage Establishments and Massage Professionals" is hereby added
43 to the Petaluma Municipal Code, to read in full as follows;
44
1 Chapter 8.38 MASSAGE ESTABLISHMENTS AND MASSAGE PROFESSIONALS,
2
3 8.38.010 Purpose and intent.
4
5 It is the purpose and intent of the city council that`the,operation of massage establishments and
6 massage professionals as defined;in this chapter should be regulated so as to further the public
7 interest,safety, and welfare by establishing'minirr um building, sanitation, and health standards
8 for massage establishments arid.tminimurn.qualifications formassage.professionals consistent
9 with applicable law, including existing authority for local regulation of massage establishments
10 and professionals.
11
12 8:38.020 Definitions.
13
14 For the purpose of this chapter, the following words and phrases-shall mean or include:
15
16 A. "Approved school" meansan approved school as:definedin California Business and
17 Professions Code section 4600(a).
18
19 B. "California.Massage Therapy`Council" or "CAMTC" means the non-profit organization
20 created pursuant to.Chapter 10:5 of the Business and Professions Code and/or any
21 subsequent amendment onsuperseding:.statute, and/or anysuccessororganization.
22
23 C. "CAMTC certificate" meansia certificate, or conditional certificate,issued by the CAMTC to
24 Massage Therapists, pursuant to California Business and Professions Code Section 4601(c),
25 and/or to Massage Practitioners,pursuant to subdivision 4601`(b), or 4604(a), or 4604(c),
26 and/or certificates issued pursuant to Chapter 10:5 of'the,Business and Professions Code.
27 When used in this chapter',"CAMTC certification" means having"a valid CAMTC certificate.
28
29 D. "Certified massage establishment" means a massage establishment that employs or uses
30 only massage professionals with CAMTC certification to perform:massage services. Unless
31 otherwise stated, "certified massage establishment includes-certified sole proprietorships.
32
33 E. "Certified sole proprietorship" means asole proprietorship where the owner has received
34 CAMTC certification and is'the only provider of massage services for that business.
35
36 F. "Fee" means the amount`applicants,for new or renewed massage permits are required to
37 pay in accordance with'section,8:38.090.
38
39 G. "Health officer" means the health officer of Sonoma County or his/her authorized
40 representative.
41
42 H. "Implementing Zoning Ordinance" means city ordinance no. 2300 N.C.S.
43
44 L "Massage'`means the method of treating the superficial parts:of the body, excluding
45 specified anatomical areas, for medical or hygienic purposes and;not for-purposes of
46 offering, engaging in orpermitting'specified`'`sexual activities; byrubbing, pressing, stroking,
47 kneading, tapping; pounding, vibrating, or stimulating with the.hands or other parts of the
48 body,with''or without the aid of,any mechanical or electrical apparatus:or appliance
49 commonly used in'the practice of massage, and with or without supplementary aids such as
50 rubbing alcohol oils; powders, creams, lotions,ointment,or other similar preparations
51 commonly used in°the practiceof massage. Massage includes such manipulation of the
1 body or similar procedures:described in this paragraph that are performed in hydrotherapy,
2 spa or similar bath facilities.
3
4 J. "Massage establishment" means a business conducted by any individual,firm, association,
5 partnership, corporation or combination of individuals that provides or offers massage in
6 exchange'for.money or other,consideration.
7
8 K. "Massage professional" means any person who administers massage to another person, for
9 any form of consideration or pecuniary compensation.
10
11 L. "Massage permit" means:authorization issued in accordance:with this chapter to massage
12 professionals practicing in the:city that meet the requirements of section 8.38:060.
13
14 M. "Permit administrator" mean the police chief of the city, his/her designee, or any other
15 person designated by the city manager to issue massage permits and enforce the
16 regulations contained in this chapter.
17
18 N. "Permitted massage establishment" means a message.establishment, including sole
19 proprietorships, where not the massage professionals have CAMTC certification, and
20 • where all those massage professionals that lack CAMTC certification have a valid massage
21 permit issued in accordance with this chapter.
22
23 O. "Specified sexual activities," meansrany of the following:
24
25 1. Erotic touching or fondling of the body, including, but not limited to erotic touching or
26 fondling of a`specified anatomical area.
27
28 2. Sex acts, actual or simulated:including but not limited to intercourse, oral copulation,
29 masturbation orsodomy.
30
31 3. Excretory functions as part of or in connection with the,activities specified in this section.
32
33 8.38.030 Exemptions.
34
35 The provisions of this chapter.shall not apply to the establishments and individuals listed below
36 while engaged in the performance of the duties of their respective licensed or certificated
37 professions:
38
39 A. Physicians; surgeons; chiropractors, osteopaths, nurses or physical therapists who are duly
40 licensed to practice their respective professions in'the state.
41
42 B. Hospitals„nursing,homes sanitariums, or persons holding an unrevoked certificate to practice
43 in the healing arts under the laws of the Staterof'California, or persons working under the
44 direction of anysuch persons or in any such establishments.
45
46 C. Barbers, cosmetologists, and manicurists who are duly licensed under the-laws of the state,
47 except that this exemption shall apply solely to the massaging of the neck, face, scalp, hair,
48 hands orfeet ottne:customer or client.
49
50 D. Teachers or students enrolled in school, as defined in the Implementing Zoning Ordinance,
51 and participating,in the teaching and/or administration of massage by authorized school
3
1 employees in conjunction,with athletic programs, training in thahealing arts or other school
2 courses.
3
4 8.38`.040 Obligation to apply for massage permit or provide CAMTC certificates within 120 days -
5 grace period.
6
7 Within onehundred and.twenty (1-20) "days of the effective date of this chapter, massage
8 professionals and massage establishments in operationinthe city that are subject to the
9 requirements of this chapter must apply for massage permit(s) required by this chapter or
10 provide to the"permit administrator copies of valid CAMTC certificates as required by this
11 chapter. Massage:professionals and massage establishments that are subject to the
12 requirements of this chapter, that have a current city business license, and that have submitted
13 a complete massage permit application in accordance with this chapter may continue
14 operation while the massage permit application is processed. All massage professionals and
15 massage establishmenisrthatare subject to the requirements of this chapter, and that are in
16 operation in the city one hundred,and twenty one (121)days;.or more after the effective date of
17 this chapter must have a'currentcity business license, and must have provided valid CAMTC
18 certificates or applied for a massage?permit in accordance with this chapter, or be subject to
19 penalties specified in this chapter and other applicable laws.
20
21 8.38:050 Massage.professionals—massage permit or copy of CAMTC certification and city
22 business license requirements.
23
24 A. Except as provided in section;8.38.040,.it is unlawful for any massage professional subject to
25 the requirements of this chapter to provide massage services or practice massage within the
26 city without a valid, unexpired;and unrevoked massage:permit`issued by the permit
27 administrator or a valid, unexpired and unrevoked CAMTC certificate. Except for massage
28 professionals practicing massage only as an employee of a massage establishment, it is also
29 unlawful for any massage professional subject to the requirements of this chapter to provide
30 massage services or practide massage within the city without a current city business license
31 in accordance with Chapter 6.01 of this code.
32
33 8.30.060'Massage'permit application requirements
34
35 Massage permit applications must be submitted using forms provided by the permit
36 administrator and include the following:
37
38 A. The.applicant's full name, all other names the applicant uses or has used, the applicant's
39 residential address, and.residence telephone number;
40
41 B. The name andaddresssof the massage establishment where the applicant is to be
42 employed;and the:name of thesmassage establishment owner;
43
44 C. The names and addresses`of any and all previous establishments where the applicant has
45 been employedas a massage professional, including evidence of continuous practice of
46 massage therapy in the city'since January 1, 2010;
47
48 D. A portrait photograph of the applicant at least two inches by two inches, together with a
49 completel'set of the applicants fingerprints which shall be taken by the permit administrator
50 or his/her agent
51
52 E. Written proof that the applicant is over the age of eighteen years;
1 F. A signed affidavit that the applicancis not aware of having any contagious and/or,
2 communicable disease capable'of being transmitted through the`performance of massage;
3
4 G. A copy of-a diploma, certificate of graduation or transcripts of course'work`from an
5 approved school showing satisfactory completion of one,hundred hours (100) or more of
6 non repetitive"curriculum, with a passing grade or better in health theory, health care,
7 anatomy, physiology, psychology; biornechanics, or kinesiology or similar curriculum.
8
9 H. A statement signed by the owner or operator of amassage establishment indicating an
10 intent to the applicant as a massage professional (unless the applicant is the
11 massage establishment owner or operator);
12
13 I. Each conviction, and each plea;of guilty; or nolo contendere for violation of any of the
14 following sections of-the California Penal Code:
15
16 1. 366(i) (pandering);
17
18 2. 315 (keeping or residing"in:a house of ill fame);
19
20 3. 316 (keeping a disorderly house or lets any premises knowing that it is to be used for the
21 purpose of assignation otlprostitution);
22
23 4. 318 (prevailing on a person'to visit a place of prostitution);
24
25 5. Subdivision(a) of Section 647 (lewd conduct);
26
27 6. Subdivision (b) of-Section 647 (disorderly conduct by soliciting or engaging in
28 prostitution);
29
30 .J. Each conviction, and each plea of guilty or nolo contendere for felony offenses involving the
31 sale of controlled substance specified in Sections 11054, 11055, 11056, 11057, or 11058 of the
32 California Health and Safety Code;
33
34 K. Each conviction, and each plea of guilty or nolo contendere for;misdemeanor or felony
35 offenses that relate-directly to the practice of massage;-
36
37 L. Each conviction, and each plea of guilty or nolo contendere,for a felony, the commission of
38 which occurred on the premises of'a massage establishment, or in the course of massage;
39
40 M. Each conviction; and each plea of guilty or nolo contendere for an offense'involving;the use
41 of force and violence upon the person of another or for an offense involving the theft of
42 property;
43'
44 N. Each conviction, and each plea of guilty or nolo contendere for attempt or conspiracy to
45 commit any'ofthe effensesi listed in this'section;
46
47 O. Each'conviction1 and each plea of guilty or nolo contendere for offenses committed in a
48 jurisdiction„outside;;of the State of California„which if committed within the State of
49 California, would:fallwithin one ofthe offenses listed in this section;
50
51 P. Whether the applicant is required to register under provisions'of Section 290 of the California
52 Penal.Code (registration aca sex offender);
S
1 Q. Whether the:applicant, or a',:former"employer-of the applicant while so,employed, or a
2 building in which therapplicantwas so employed, was ever subjected to an abatement
3 proceeding under Sections 11225 through 11235 (Red Light Abatement Act) of the California
4 Penal Code, or any similar provisions of law in a jurisdiction outside the State of California;
5 and
6
7 R. Whether any'permit to engage in thepractice of massage as a massage professional or
8 otherwise has previously been denied applicant or revoked, and if so, the circumstances of
9 the denial or revocation.
10
11 8.38.070 Certified massage establishment and certified sole proprietorship requirements.
12
13 A. For massage establishments-providing massage services within the city to qualify as certified
14 massage establishments inraccorda'nce with this chapter„the owneeor operator of the
15 massage establishment must provide to the permit administrator copies of valid, unexpired,
16 unrevoked CAMTC certificates for each person the massage5establishment will employ or
17 contract with for purposes of performing massage, and a copy of the owner or operator's
18 valid, unexpired and unrevoked CAMTC certificate, if applicable, when applying for a city
19 business.license. For massage establishments providing massage services within the city to
20 qualify as certified sole proprietorshipsin accordance-with this chapter, the owner or
21 operator of the massage establishment must provide to the perrnifadministrator a copy of
22 his or her valid; unexpired and unrevoked CAMTC certificate!when•applying for a city
23 business license. Owners-and'operators;of message establishments providing massage
24 services within the city must Verify that the establishment meets-the requirements for a
25 certified massage establishment in accordance with this chapter by completing the city
26 form provided by the permit'administrator for that purpose.
27
28 B. For massage establishmentsproviding massage services within the city to qualify as certified
29 massage establishments inaccordance with this chapter,:owners and operators who own
30 five (5)percent or more of'the massage establishment and that do not have valid,
31 unexpired and unrevoked CAMTC certificates must also provide the following background
32 information:
33
34 1. For owners or operators that are corporations, the:names and residence addresses of
35 each of the officers and directors of the corporation and of each stockholder owning
36 more than five percent-of the stock of the corporation..
37
38 2. For owners or operators that are partnerships, the names and-residence addresses of
39 each of the partners,'including limited partners.
40
41 3. All previousresidential addresses (if any) for the five years immediately prior to the
42 present address of owners or operators;
43
44 4. Written proof that individual or partnership owners or operators are over the age of
45 eighteen-Years;
46
47 5. For sole proprietorships or partnership owners or operators, the height, weight, color of
48 eyes and hair; and sex of each proprietor or partner;
49
50 6. Two portraitphbtographs at least two inches by two inches.for-each owner or operator;
51
1 7. Business, occupation, or employment of the owner or operator for the preceding'five
2 years;
3
4 8. The owner or operator'massage or similar business history, including, but notfirnifed to,
5 whether or not such person, in previously operating,in--.the city or'anothercity or State
6 under permit, has had such permit revoked'or.suspendedand the reason, and the owner
7 or operator's business activity;oroccupation"subsequent to the suspension or revocation;
8
9 10. The name and address;of the owner lessor of the real property upon which the
10 massage establishment will be operated and a copy Of theaease or rental agreement;
11
12 11. The information required by subsections 8.38.050.(1) through 8.38.050.(R) above for each
13 owner and operator; and
14
15 10. Such other identification and information necessary to discover the truth of the required
16 background information, including fingerprints and additional photographs of any owner
17 or operator.
18
19 C. Upon receipt of completed applications, the permit administrator will review applications for
20 compliance;of the establishment with applicable codes and regulations administered by the
21 city police department,.and as appropriate refer applications for review by other
22 departments such as the building, fire, and development departments;for review of
23 application materials, inspection of the premises, and other appropriate review to determine
24 compliance of the establishnientiwith applicable codes and regulations.
25
26 8.38.080 Permitted massage;establishment requirements
27
28 A. It is unlawful for any owner or operator of a massage establishment, except for owners and
29 operators of massage establishments that qualify as certified,massage establishments in
30 accordance with sedtiom8:38.070,10 provide or permit to be provided massage-services
31 within the city unless the massage establishment qualifies as a permitted massage
32 establishment in accordance;with,tlis section.
33
34 B. For massage establishments providing massage services within:the city to qualify as
35 permitted massage establishments,each person the massage establishment will employ or
36 contract with for purposes of-performing massage, and the owner or operator, if applicable,
37 that does not have a valid?unexpired, unrevoked CAMTC certificate must have a valid,
38 unexpired, unrevoked massage permit issued in accordance with section 8.38.100 when
39 applying for a city business license.,Owners and operators of message establishments
40 providing massage services,within thecity must verify that the establishment meets the
41 requirements for perritted'Massage establishment irraccordance with-this section by
42 completing the city form provided by the permit administrator for that purpose.
43
44 C. For massage'establishments that are providing massage services within the city to qualify as
45 permitted massage establishments-in accordance with this section, owners and operators of
46 the massage establishment that do not have valid, unrevoked'CAMTC certificates must
47 provide the background information,specified in section 8.38.060(C).
48
49 8.38:090`Fee required.
50
51 All applications for a massage.permit must be accompanied by payment of the,applicable fee
52 established pursuant to this chapter, no part of which shall be refundable. The fee will be
1 established from time to time by resolution of the city council and include amounts intended to
2 cover the city's costs of: processing,:investigation, issuance, renewal, inspection, enforcement
3 and administration of the permit requirements contained in this'chapter, including but not
4 limited to, city staff time and costs and attorney's fees and costs.
5
6 8.38.100 Issuance or denial of massage permits.
7
8 The permit administrator will issue a,massage permit if upon investigation and the reports filed it is
9 found:
10
11 A. Neither the applicant, nor any person or entity subject to investigation in connection with the
12 application pursuant to Section 8.38:060 has been convicted, pled guilty, or pled nolo
13 contendere in a,court of competenfjurisdiction to any offense listed'in'Section 8.38.060,
14 subdivisions (I) - (0), and is not required to register as a sex offender; and
15
16 B. Neither the applicant, including applicant as a member of(a corporation or partnership, nor
17 a former employer of the aPplicant while so employed, has ever been subjected to an
18 abatement proceeding under Sections 11225 through 11,235 Red Light Abatement Act) of
19 the California Penal Code or any similar provisions of law in a.jurisdiction outside the State of
20 California; and
21
22 C. The applicant has not had;any massage establishment, massage professional license or
23 permit that was issued within the State of California, revoked;and
24
25 D. The applicant possesses the educational requirements set forth°in.Section 8.38.050,
26 subdivision (G); and
27
28 E. The operation, as proposed by the applicant, if permitted,.would comply with all applicable
29 laws, including, but not limited to, the city's building, zoning, and h"ealth regulations.
30
31 F. The applicant complies.with,all provisions of this chapter including the affidavit requirement
32 in section 8.36.060, subdivision (F);and
33
34 G. The applicant has made.no°false, misleading, or fraudulent statement in the permit
35 application or any other document required by the city in conjunction therewith.
36
37 Otherwise, the permit will be.denied,,Notification of and reason(s) for massage permit denial will
38 be sent to the applicant by mail.
39
40 8:38:110 Renewal of massage permit; renewal fee.
41
42 A. Every massage permit issued or renewed'shall have a term of up to two years, and all
43 massage permits shall expire on June 301h of the second year following issuance or renewal.
44 Application for renewal of a massage permit shall made at least thirty (30) days before its
45 expiration upon form provided by the city. If the information provided by the applicant for
46 a prior application or renewal is no longer complete and/or accurate, the applicant must
47 provide all information necessary to update, add to or modify the information so that it is
48 accurate.
49
50 B. The massage permit renewal application must be accompaniedby a renewal fee as set
51 from time to time by resolution of the city council. No part of renewal fee will be-refundable,
52 The renewal fee is intended to cover the City's costs of processing,.investigation, 'renewal,
1 inspeetion,,:enforcernentand administration of the permit requirements contained in this
2 chapter; including but not limited to staff time and costs and legal flees and costs.
3
4 C. Prior to,the issuance of the renewal permit, the massage establishment may be subject to
5 physical or record inspections by permitadministrator, as well as bythe building department,
6 fire, and community development departments:of the city for the purpose of assuring
7 compliance with this chapter and applicable city, State or federal law.
8
9 D. Each renewal application must be accompanied by a list of all massage professionals
10 employed at the massage establishment and copies of any CAMTC certificates or massage
11 permits for the employees and/or he.massage establishment owner(s) and/or operators.
12
13 8.38:120 Massage-establishment annual registration and notification of changes.
14
15 A. Every massage establishment must, at the time of application for and/or renewal of a
16 business license, provide to:the city manager or his/her designee a complete list of all
17 persons providing'massageat"or ihconnection with the massage establishment, whether on
18 the massage establishment premises or otherwise, and:provide copies of CAMTC certificates
19 or massage permits for each such person.
20
21 B. Within five (5) business days of anychange in address or ownership of the massage
22 establishment, every massage establishment owner or operator must provide written notice
23 of the changes to the city manager or his/her designee.
24
25 C. Within fifteen (15) business days of hiring a new massage professional, the owner or operator
26 of the massage establishment must provide a copy of the massage professional's CAMTC
27 certificate-or massage permit to the city'manager orhis/ner'designee. The requirement to
28 provide copies of CAMTC certificates or massage permits does not affect the requirement to
29 maintain evidence on the premises'of the massage establishment that the'massage
30 professionals employed or retained by the massage establishment have CAMTC certificates
31 or massage permits.
32
33 D. Massage establishment owners,and operators have a continuous duty to provide written
34 notice to the city when massage establishment employees,or contractors have a CAMTC
35 certificate revoked or suspended.
36
37 8.38.130 Certified and permitted:massage establishment operations.
38
39 Every certified and permitted massage establishment must complywith the following operating
40 requirements:
41
42 A. The owner or operator of must maintain register of all persons employed as massage
43 professionals and all massage professional;contractors used and copies of CAMTC
44 certificates or massage permits for each massage professional: The register must'be
45 available far inspection at all timesduring regular business hours.
46
47 B. The massage establishment may be provide massage.services°only between the hours of
48 seven a.m. and ten'p.m.
49
50 C. A list of services available and`the cost of such services must be posted in an open, public
51 place on the premises.,of the establishment. The list of services must describe all of the
52 services available in'readily.understandable language. No owner, operator, responsible
9
1 inanaging,employee,.manager,or supervisor may permit and,no massage professional may
2 0_ffer to perform; anyservices'other than those posted.
3
4 D. During all times thdt he/she is performing or offering to perform massage services in a
5 massage establishment, every massage professional must wear a badge that identifies
6 his/her first or last name Upon receipt of a,request or complaint by a patron; massage
7 professionals must advise the patron of the full name of the massage establishment through
8 which the massageservices^were obtained and the contact information'for the CAMTC or
9 the city.
10
11 E. No person may enter, orbe orremain, in any part of a massage establishment while in
12 possession, consuming,orusing°anyalcoholic beverage or drugs except pursuant to a
13 lawfully issued prescription for such drugs. Massage establishment"owners, operators,
14 responsible managing employees,;managers and supervisors rnay'not permit any person to
15 enter or remain upon the massage establishment premises in violation of this provision.
16
17 F. No massage professional may offer or engage in specified,sexUal activities as part of his/her
18 massage services. No massage establishment may offeror permit specified sexual activities
19 as part of the massage:services provided by the massage establishment or on the massage
20 establishment premises.
21
22 8,38.140 Sanitation and safety'requirements.
23
24 The city council finds that the,requirements of this section are reasonable health and safety
25 requirements for massage establishments and massageprofessionals. Therequirements of this
26 section apply to all certified,and permitted massage establishments and all massage
27 professionals providing massage services in the city, unless bther`riise specified.
28
29 A. All massage establishments',aresubject to periodic inspection by the city for safety of the
30 structure and the compliance of plumbing, ventilation,:heating,'Sanitation and other facilities
31 with applicable codes and,regulations. The walls must be clean and painted with an
32 approved washable mold resistant paint in all,rooms where water or steam baths are given.
33 Floors must be free from any accumulations of dust, dirt, or refuse.
34
35 B. Towels, sheets, linens, robesrand'all other items for personal use of operators and patrons
36 must be clean, freshly laundered and not used for more than one patron. Heavy white
37 paper may be substitutedforsheets, provided that the paper is used once for a person and
38 then discarded into a sanitary receptacle.
39
40 C. All locker facilities-provided tor the use of-patrons must be fully secured for the.protection of
41 the patron's valuable s;.and the patron must be given control of the-key, or'other of
42 access.
43
44 D. All main external front entrance doors into the massage establishment and all internal doors
45 leading-to.massage.areaS must:remain unlocked during the business hours of the massage
46 establishment, unless thereis'no staff available to assure security for clients and massage
47 professionals who;are behind closed doors.
48
49 8':38:150 Inspection,by city officials.
50
51 The investigating officials of the city, and'the Sonoma County Health Officer, will have the right
52 to enter massage establishment premises from time to time during regular business hours for the
ID
1 purpose of making reasonable inspections to enforce compliance with this chapter, or other
2 building, fire, electrical, plumbing, health, or penal regulations. A warrant will be obtained
3 whenever required by law.
4
5 8.38.160 Massage establishment owner and operator responsibility for employee;acts.
6
7 Massage establishment owners andcoperators will be responsible'forthe conduct of all
8 employees, contractors,:volunteers'and other persons who provide massage on the premises or
9 through arrangements with the massage establishment. All persons working in or for the
10 massage establishment will be considered under the control of the massage establishment for
11 the purposes of this chapter, including;independent contractors and unpaid volunteers. Any
12 act or omission of massage professionals constituting a violation of this chapter will be deemed
13 to be the Oct or omission of the massage establishment for purposes.of enforcing this chapter.
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15 8.38.170 Suspension or revocation of;permits.
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17 Any massage permit issued under this.chapter is subject to;suspension or revocation by the
18 permit administrator for violation of any provision of this chapter, violations of city, State or
19 federal law, or for any grounds that would warrant the denial of the issuance of the permit(s) in
20 the first instance.
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22 8.38.180 Denial, suspension or revocation of permits—appeal,
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24 Any person or business entity aggrieved by decision of the permit administrator with respect
25 to the issuance or refusal to`issue,"suspension or revocation of a permit may appeal that action
26 by filing a written notice of appeal with'the city clerk. All appeals will be heard by an
27 administrative hearing officer appointed by the city. Upon receipt of an appeal, the
28 administrative hearing officer will'fix a time and place for hearing such appeal. The city clerk will
29 give written notice to the appellant of the time and place of'nearing by causing the notice to
30 be personally served or deposited`in the United States rriail.at'Petaluma', California, postage
31 prepaid, addressed to the appellant at the address provided on the written notice of appeal.
32 The administrative hearing officer will have authority to determine all questions raised on appeal.
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34 8.38.190 Changes in law.
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36 When reference is made in this chapter to any local law.or regulation, or to.any state or federal
37 statute, regulation or other the reference includes any subsequent amendment or
38 superseding provision.
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40 8.38.200 Enforcement:and remedies
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42 Any violation;of this chapter isEunlawful and a public nuisance. Provisions of•this chapter are
43 enforceable pursuant to'chapters 1.10 through "1.16 of this code"or by any other judicial or
44 administrative penaltiesfand remedies"available to the city under applicable local, state or
45 federal'law. In;addition.tb all•other legal remedies provided;fordn this code, the operation of any
46 massage establishment and/or the provision of massage by any person in violation of this
47 chapter is deemed a public nuisance and may be enjoined by the city. Each instance of a
48 violation of thischapterr, including each day of a continuing violation by a massage
49 establishment or massage professional, constitutes a separate violation. The remedies provided
50 by this chapter are not intended to preclude any other remedy available at law or in equity.
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1 Section 2..The City Council:finds that adoption of this ordinance is-exempt from the California
2 Environmental Quality Act ("CEQA"), pursuant to Sections i 5061(b)13)of the CEQA Guidelines
3 (Title 14, Chapter 3 of the California Code of Regulations) because there is no possibility that the
4 activitymay.have asignificant impact or) the environment.
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6 Section-3_ If any section, subsection, sentence, clause, phrase or word of this ordinance is for
7 any reason held to be unconstitutional;unlawful or otherwise invalid by a court of competent
8 jurisdiction'or preempted by state:legislation, such decision or legislation shall not affect the
9 validity of the remaining,portions of this ordinance. The City Counciliof'the City of Petaluma
10 hereby declares that it would have passed and adopted this ordinance and each and all
11 provisions thereof irrespective of the,fact that anyone or more of said provisions be declared
12 unconstitutional, unlawful or otherwise invalid.
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14 Section'4. The City Clerk is hereby directed to publish or post this ordinance;or a synopsis for the
15 period and in the manner provided bythe City Charter and any-other applicable law.
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17 INTRODUCED and ordered posted/published this 91h day of September 2013.
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19 ADOPTED this day of , 2013 by the following vote:
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21 Ayes:
22 Noes:
23 Abstain:
24 Absent:
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29 David Glass, Mayor
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32 ATTEST: APPROVED AS TO FORM:
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37 Claire Cooper, City Clerk Eric W. Danly, City Attorney
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