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HomeMy WebLinkAboutOrdinance 2473 N.C.S. 09/16/2013 EFFECTIVE DATE ORDINANCE NO. 2473 N.C.S. OF ORDINANCE October 17, 2013 1 Introduced by Seconded by 2 3 4 Kathy Miller Gabe Kearney 5 6 7 8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA 9 ADDING CHAPTER 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 certificate from 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 services practitioners; and, 29 30 WHEREAS, certain massage professionals within the City of Petaluma have obtained 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 otherwise exempted by this ordinance; and, 34 35 WHEREAS, by enacting Chapter 8.38, 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 ) of Division 2 of the California Business and Professions Code. 38 39 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS 40 FOLLOWS: 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 Ordinance No. 2473 N.C.S. Page 1 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 minimum building, sanitation, and health standards 8 for massage establishments and minimum qualifications for massage 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" means an approved school as defined in 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 or superseding statute, and/or any successor organization. 22 23 C. "CAMTC certificate" means a 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 a sole 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 I. "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 or permitting specified sexual activities, by rubbing, 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 practice of massage. Massage includes such manipulation of the Ordinance No. 2473 N.C.S. Page 2 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" means 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 all 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" means any 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 or sodomy. 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 State of California, or persons working under the, 44 direction of any such 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 or feet of the customer or client. 49 50 D. Teachers or students enrolled in a school, as defined in the Implementing Zoning Ordinance, 51 and participating in the teaching and/or administration of massage by authorized school Ordinance No. 2473 N.C.S. Page 3 1 employees in conjunction with athletic programs, training in the healing 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 one hundred and twenty (120) days of the effective date of this chapter, massage 8 professionals and massage establishments in operation in the 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 establishments that are 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 current city 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 practice 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 and address of the massage establishment where the applicant is to be 42 employed and the name of the massage establishment owner; 43 44 C. The names and addresses of any and all previous establishments where the applicant has 45 been employed as 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 complete set of the applicant's 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; Ordinance No. 2473 N.C.S. Page 4 1 F. A signed affidavit that the applicant is 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, biomechanics, or kinesiology or similar curriculum. 8 9 H. A statement signed by the owner or operator of a massage establishment indicating an 10 intent to employ 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 nob 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 or prostitution); 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 of the offenses listed in this section; 46 47 0. Each conviction, and each plea of guilty or nob contendere for offenses committed in a 48 jurisdiction outside of the State of California, which if committed within the State of 49 California, would fall within one of the 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 as a sex offender); Ordinance No. 2473 N.C.S. Page 5 1 Q. Whether the applicant, or a former employer of the applicant while so employed, or a 2 building in which the applicant was 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 the practice 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 in accordance with this chapter, the owner or operator of the 15 massage establishment must provide to the permit administrator copies of valid, unexpired, 16 unrevoked CAMTC certificates for each person the massage establishment 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 proprietorships in accordance with this chapter, the owner or 21 operator of the massage establishment must provide to the permit administrator 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 establishments providing massage services within the city to qualify as certified 29 massage establishments in accordance 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 previous residential 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 portrait photographs at least two inches by two inches for each owner or operator; 51 Ordinance No. 2473 N.C.S. Page 6 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 not limited to, 5 whether or not such person, in previously operating in the city or another city or State 6 under permit, has had such permit revoked or suspended and the reason, and the owner 7 or operator's business activity or occupation subsequent to the suspension or revocation; 8 9 10. The name and address of the owner and lessor of the real property upon which the 10 massage establishment will be operated and a copy of the lease 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 establishment with 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 section 8.38.070, to 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 this 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 the city must verify that the establishment meets the 41 requirements for a permitted massage establishment in accordance 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 Ordinance No.2473 N.C.S. Page 7 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 competent jurisdiction 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 11235 (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 health 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 30th of the second year following issuance or renewal. 44 Application for renewal of a massage permit shall be made at least thirty (30) days before its 45 expiration upon a 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 accompanied by 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, Ordinance No. 2473 N.C.S. Page 8 1 inspection, enforcement and administration of the permit requirements contained in this 2 chapter, including but not limited to staff time and costs and legal fees and costs. 3 4 C. Prior to the issuance of the renewal permit, the massage•establshment may be subject to 5 physical or record inspections by permit administrator, as well as by the 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 the 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 massage at or in connection 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 any change 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 or his/her 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 comply with the following operating 40 requirements: 41 42 A. The owner or operator of must maintain a 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 for inspection at all times during 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 Ordinance No. 2473 N.C.S. Page 9 1 managing employee, manager, or supervisor may permit and no massage professional may 2 offer to perform, any services other than those posted. 3 4 D. During all times that 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 massage services were obtained and the contact information for the CAMTC or 9 the city. 10 11 E. No person may enter, or be or remain, in any part of a massage establishment while in 12 possession, consuming, or using any alcoholic 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 may 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 otter or engage in specified sexual activities as part of his/her 18 massage services. No massage establishment may offer or 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 massage professionals. The requirements of this 26 section apply to all certified and permitted massage establishments and all massage 27 professionals providing massage services in the city, unless otherwise specified. 28 29 A. All massage establishments are subject 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, robes and 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 substituted for sheets, 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 for the use of patrons must be fully secured for the protection of 41 the patron's valuables, and the patron must be given control of the key or other means 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 there is 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 Ordinance No. 2473 N.C.S. Page 10 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 and operators will be responsible for the 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 act or omission of the massage establishment for purposes of enforcing this chapter. 14 15 8.38.170 Suspension or revocation of permits. 16 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) in 20 the first instance. 21 22 8.38.180 Denial, suspension or revocation of permits—appeal. 23 24 Any person or business entity aggrieved by any 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 hearing by causing the notice to 30 be personally served or deposited in the United States mail 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 io determine all questions raised on appeal. 33 34 8.38.190 Changes in law. 35 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 law, the reference includes any subsequent amendment or 38 superseding provision. 39 40 8.38.200 Enforcement and remedies 41 42 Any violation of this chapter is unlawful 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 penalties and remedies available to the city under applicable local, state or 45 federal law. In addition to all other legal remedies provided for in 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 this chapter, 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. 51 Ordinance No. 2473 N.C.S. Page 11 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 15061(b)(3)of the CEQA Guidelines 3 (Title 14, Chapter 3 of the California Code of Regulations) because there is no possibility that the 4 activity may have a significant impact on the environment. 5 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 Council of 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 any one or more of said provisions be declared 12 unconstitutional, unlawful or otherwise invalid. 13 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 by the City Charter and any other applicable law. 16 17 INTRODUCED and ordered posted/published this 9th day of September, 2013. 18 19 ADOPTED this 16th day of September, 2013 by the following vote: 20 21 Ayes: Vice Mayor Albertson, Barrett, Harris, Healy, Kearney, Miller 22 Noes: None 23 Abstain: None 24 Absent: Mayor Glass 25. 27 , 28 29 30 Chris Albertson, Vice Mayor 31 32 33 ATTEST: APPROVED AS TO FORM: 34 35 36 ( 1�� 37 �J C.L\ ` 38 Claire Cooper, City Clerk Eric W. Danly, City 4orney 39 40 41 42 43 44 45 46 47 48 49 50 51 Ordinance No. 2473 N.C.S. Page 12