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HomeMy WebLinkAbout2175 ORDINANCE NO. 2175 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALlFORl'\lIA, AMENDING OrvIS ION 8, ARTICLE VI, CHAPTER 4, PART I OF THE ARCADIA MUNICIP AL CODE REGARDING THE REGULATION OF MASSAGE THERAPISTS THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA. DOES ORDAIN AS FOLLOWS: SECTION I. Division 8 of Article VI, Chapter 4, Part 1 of the Arcadia Municipal Code is hereby amended to read in its entirety as follows: "DIVISION 8 MASSAGE THERAPIST REGULATIONS 6418. FINDINGS AND PURPOSE. The City of Arcadia is authorized, by virtue of the State Constitution and Section 51031 of the Govemment Code, to regulate massage therapists by imposing reasonable standards relative to their skill and experience. The City Council finds and detennines that licensing standards pertaining to massage therapy business activities arc necessary to protect the public health and safety and the personal safety of massage therapists. The City Council further finds that the public health and safety arc best served by the adoption of an ordinance providing for regulation of massage therapy business activities in a manner that is consistent throughout the City of Arcadia. The establishment of reasonable standards for issuance of a Iicensc and restrictions on massage therapy business activities would serve to reduce the risk of illegal activities. 2175 There is a significant risk of injury to massage clients by improperly trained and/or uneducated massage therapists and this Division provides reasonable safeguards against injury and economic loss. 6418.1. DEFINITIONS. Acupressure shall mean the stimulation or sedation of specific meridian points and trigger points near the surface of the body by the use of pressure applied in order to prevent or modify perception of pain or to normalize physiological functions, including pain control, in the treatment of certain diseases or dysfunctions of the body. Applicant means the individual seeking a permit pursuant to this Division. Certified copy shall mean a copy of a document that is certi fied by the issuer as being a true and accurate copy of the original document or a similar document bearing an original signature of the issuer. Chief of Police means the Chief of Police of the City of Arcadia, or his or her designated representative. Cily regulatol}' officials shall mean the City's licensing authority, Building and Planning Services, Code Services Officers, Fire Department and the Police Department. Disqualifj1ing conducl means any of the following: (A) Pandering; (B) Keeping or residing in a house of ill-fame; (C) Keeping a house for the purpose of assignation or prostitution, or other disorderly house; (D) Prevailing upon a person to visit a place of illegal gambling or prostitution; 2 2175 (E) Lewd conduct; (F) Prostitution activities; (G) Any offense committed in any other state which, if committed or attempted in this state, would have been punishable as a felony; (H) Any felony offense involving the sale of any controlled substance; (I) Any offense committed in any other state which, if committcd or attempted in this state, would have been punishable as a felony offense involving the sale of any controlled substance; (1) Any misdemeanor or felony offense which rclates directly to the practice of massage therapy, whether as a massage therapy business owner or operator, or as a massage therapist; or (K) Any felony the commission of which occurred on the business premises where message therapy services are performed. Employ shall include, without limitation, contracting with independent contractors as well as hiring or employing persons. Employee shall include, without limitation, independent contractors and persons hired or employed by a manager or owner of a massage therapy business. Health Departmentl11eans the Health Services Agency of the County of Los Angeles. License shall mean the license to operate a massage therapy business in the City of Arcadia. Licensing Authority shall mean the Business License Officer or the designated official responsible for issuing, revoking and otherwise administering the provisions of this Division. 3 2175 Manager or Owner means the individual(s) who are responsible for the management and/or supervision of a massage therapy business. Massage or massage therapy shall mean any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the external parts of the human body with the hands or with the aid of any mechanical or elcctrical apparatus or appliance, with or without supplementary aids such as creams, ointments, or other similar preparations commonly used in the practice of massage, under such circumstances that it is reasonably cxpected that the person to whom the treatment is provided or some third person on his or her behalf will pay money or give any other consideration or any gratuity therefor. Massage therapy business shall mean any establishment having a fixed place of business for the purpose of deriving income or compensation from massage therapy services. Massage therapist shall mean any person who, for any consideration whatsoever, performs or offers to perform a massage in a massage therapy business. Minor means any individual under the age of eighteen (i8). Nudity or semi-nudity shall mean any of the following: (A) The appearance or display of an anus, male or female genital, pubic region or a female breast; or (B) A state of undress which less than completely covers an anus, male or female genital, pubic region or a female breast. Patron shall mean any person who receives a massage in exchange for any form of consideration including, but not limited to, the payment of money. 4 2175 Recognized school of massage shall mean any school or institution of leaming which tcachcs, through Statc ccrtified instructors, the theory, ethics, practice, profession or work of massage, which school or instruction complies with California Education Code Sections 94700 through 94999 and any and all successor statutes, and all regulations promulgatcd pursuant thcreto, and which rcquires a resident course of study before the student shall be furnished with a diploma or a ccrtificate of graduation from such school or institution of learning following the successful completion of such course of study or learning; and shall further mean any similar school or institution of learning in another state of the United States which has standards and rcquircmcnts equivalent to those of California Education Codc Sections 94700 through 94999 and rcgulations promulgatcd pursuant thereto. Specified anatomical area shall mean human genitals, pubic region or a female breast. 6418.2. ACUPRESSURE. This Division shall also apply to the administration of acupressure. 6418.3. PERMISSIBLE MASSAGE THERAPY BUSINESS ACTIVITIES. It shall be unlawful for any pcrson to own, conduct, permit, or managc a business cstablishment having a fixed placc of business for the sole and primary purpose of deriving incomc or compensation from massage therapy business activities. Massage therapy business activities shall be purely incidental and secondary to any established business. Massage therapists may operate at (a) an established medical office, including without limitation an office of an acupuncturist or a physical therapist and (b) a day spa or salon. All such cstablished businesses shall comply with all building and zoning regulations, thc regulations of this Division, and all other applicable requirements oflaw. 5 2175 6418.4. NUMBER OF LICENSES PERMITTED. Each medical office, including that of an acupuncturist, shall be limited to two (2) massage therapists at any given time. 6418.5. HOURS OF OPERATION. No massage therapist shall administer a massage in any established business between the hours of 9:00 p.m. and 7:00 a.m. The hours of operation must be displayed in a conspicuous public place within the established business. 6418.6. BUSINESS OWNER/MANAGER RESPONSIBILITY. All business owners and/or managers shall be responsible for the conduct of all employees and independent contractors. Any act or omission of any employee or independent contractor constituting a violation of the provisions of this Division shall be deemed the act or omission of the business owner for purposes of determining whether the owner's license shall be revoked, suspended, denied or renewed. No business owner and/or manager shall employ any person, or allow any person, to conduct a massage or act as an independent contractor conducting massage who does not have a valid Massage Therapist Identification Card and Business License issued pursuant to this Division. 6418.7. MASSAGE THERAPIST IDENTIFICATION CARD REQUIRED. Any person performing massage or massage therapy shall apply for and obtain from the City of Arcadia a Massage Therapist Identification Card. The applicant shall file a written application on the required form provided by the Arcadia Police Department. The following information, documents and other requirements shall be included with the submission of such application: 6 2175 (A) A statement of the exact business location at or from which the applicant will be working as a massage therapist, including the full street address and all telephone numbers associated with said location, and a letter of verification from the owner of the business, signed and dated, indicating the intent to employ the applicant, and the following personal information concerning the applicant: (1) Full name, and all aliases used by the applicant, along with complete residence address and telephone number. (2) Previous residential addresses for five (5) years immediately preceding the current address of the applicant. (3) Written proof that the applicant is at least eighteen (18) years of age. (4) Height, weight, color of hair and eyes, and gender. (5) Driver's license number or identification number. (6) Social security number. (7) The occupation and employment history of the applicant, including without limitation names, addresses and telephone numbers of all employers, for the five (5) years immediately preceding the date of application. (8) The complete permit history of the applicant concermng massage or massage therapy services provided by the applicant, including without limitation whether the applicant has ever had any license or permit, issued by any agency, board, city, or other jurisdiction, denied, revoked or suspended, and if so, the date, location and reason for the denial, revocation or suspension. (9) Whether or not the applicant IS required to register as a sex offender 7 2175 pursuant to Penal Code section 290. (10) All criminal convictions, including pleas of nolo contendre (no contest), within the last ten (10) years, including without limitation those dismissed or expunged pursuant to Penal Code Section 1203.4, but excluding minor traffic violations; and the date and place of each such conviction. (11) A statement In writing and dated by the applicant certifying under penalty of perjury that all information contained in the application is true and correct. (12) A statement in writing and dated by the applicant certifying under penalty of perjury that he or she: (a) has received a copy of this Division; (b) understands its contents; and (c) understands the duties of a massage therapist as provided in this Division. (B) Two (2) front-face portrait photographs at least two inches (2 ") by two inches (2") in size taken within thirty days immediately preceding the date of application. (C) A complete set of fingerprints taken on the date of application by the Arcadia Police Department. (D) A certified copy of the applicant's diploma or certificate of graduation and certified transcript of graduation for completion of five hundred (500) hours of instruction from a recognized school of massage. Notwithstanding the foregoing, an applicant may renew, prior to its expiration, a permit obtained from the City prior to the effective date of this Section 6418.7 with fewer than five hundred (500) hours of instruction; provided, however, that the requirement for a minimum of five hundred (500) hours of instruction shall apply to any and all subsequent renewals of the permit. (E) Such other information and identification as the Chief of Police may require in 8 2175 order to discover the truth of the matters herein specified and as required to be set forth in the application. (F) The applicant shall pay a nonrefundable application fee at the time of filing an application, in the amount established by resolution of the City Council. 6418.8. PROCESSING THE APPLICATION. All Massage Therapist Identification Card applications, together with the application fee, shall be submitted to the Arcadia Police Department. Following the determination by the Chief of Police that the application is complete, the Chief of Police shall conduct an investigation, in such manner as deemed appropriate, in order to ascertain whether such application should be approved as requested. Once it is deemed complete, the Chief of Police shall approve, conditionally approve or disapprove the application, within fifteen (15) business days, unless delayed by fingerprint checking or other facts which require additional investigation to determine the qualifications of the applicant. If the investigation requires processing beyond the fifteen (15) business day limit, the applicant shall be notified of the delay by mail prior to the expiration of the fifteen (15) business days. 6418.9. ISSUANCE OF IDENTIFICATION CARD. The Chief of Police shall issue a Massage Therapist Identification Card if there are no grounds to disapprove the application as set forth in section 6418.15 of this Division. 6418.10. BUSINESS LICENSE REQUIRED. Upon receipt of a Massage Therapist Identification Card, the applicant shall furnish the Card to the Business License Office and obtain the required business license, which includes 9 2175 obtaining approval from the Department of Development Services, Planning Services, of the proposed business location. 6418.11. RENEW AL OF BUSINESS LICENSE. A massage therapist shall annually apply for renewal of the business license and the Massage Therapist Identification Card on forms provided by the Arcadia Police Department. The applicant shall pay a nonrefundable application renewal fee at the time of filing a renewal application in the amount established by resolution of the City Council. The applicant must complete the entire application process if the business license expires, or the business has been closed more than one (I) year. 6418.12. TRANSFER OF LICENSE. No Massage Therapist Identitication Card or Business License shall be sold or transferred to any other person or persons. 6418.13. CHANGE OF INFORt'YIATION. If, during the term of a Massage Therapist Identification Card or Business License, a massage therapist has any change of information submitted on the original application or license renewal application, the massage therapist shall notify the Arcadia Police Department and the Business License Officer of such change in writing within ten (10) business days thereafter. 6418.14. CLOSURE OF BUSINESS LICENSE. The massage therapist is required to notify the Business License Office by written notice, filed within fifteen (15) business days after the last date of the performance or offering of massage therapy services, if he or she no longer performs or offers massage therapy 10 2175 services in the City of Arcadia. 6418.15. DISAPPROVAL OF MASSAGE THERAPIST IDENTIFICATION CARD. If the Massage Therapist Idenrification Card application is denied, the Chief of Police shall provide wrinen notice of the disapproval to rhe applicanl. In cases where the Chief of Police does not respond to the applicanr within tifteen (15) business days afrer the application is deemed complete, the application shall automatically be deemed disapproved on the sixteenth (16th) business day after the application was submined and deemed complete. If the application is disapproved, the applicant shall not be eligible to apply for any Massage Therapist Identification Card or Business License wirhin the City of Arcadia for a minimum of one (I) year from the date the application was disapproved. The application shall be disapproved if the Chief of Police finds anyone or more of the following: (A) The applicanr is not eighteen (18) years of age or older; (B) The application is incomplete or any required information or documenr has not been provided with the application; (C) The applicant has made one or more false, misleading or fraudulent statements or omissions of fact on the application or during the application process; (D) The applicanr has, within ten (10) years preceding the date of the application, been convicted of disqualifying conduct, or of a lesser included offense; (E) The applicant is required to register as a sex offender; (F) The applicant has not met the requiremenrs of this Division; ]] 2175 (G) The granting of the identification card or license would pose a threat to public health, safety or welfare; (H) The applicant has been convicted of an act involving dishonesty, fraud, deceit or moral rurpitude, or an act of violence, which act or acts are substantially related to the qualifications, functions or duties of a massage therapist; (I) The applicant has, within five (5) years preceding the date of application, had a massage therapist permit or similar permit or license denied, suspended or revoked for cause by a licensing authority, city, county or state. 6418.16. (A) PROHIBITED ACTIVITIES. It is unlawful for any massage therapist, employee, patron, or any other person present where massage therapy services are being offered or performed, to expose or touch the genitals or anal area, or the breast of any female, whether his or her own, or those of another person. (B) It is unlawful for any massage therapist, employee, patron, or any other person present where massage therapy services are being offered or performed, to engage in any sexual activities. (C) It is unlawful for any massage therapist, employee, patron, or any other person present where massage therapy services are being offered or performed, to be in a state of nudity or semi-nudity. (0) No massage therapist shall provide or offer to provide any massage therapy services to a minor unless the minor's parent or legal guardian provides written permission. (E) No person shall enter, be in, or remain in, any area where massage therapy 12 2175 services are offered or performed while in the possession of, consuming, using or under the influence of, any alcoholic beverage or controlled substance. Service of alcoholic beverages shall not be permitted at any established business where massage therapy services are being performed. (F) Patrons shall not be prohibited from the use of, or possession of, cellular phones, pagers or any communication devices while massage therapy services are being offered or performed. (G) It is unlawful for any massage therapist, employee, patron, or any other person present where massage therapy services are being offered or performed, to wear or have in their possession such items as nightgowns, negligees, bathrobes, sex paraphernalia or condoms. Every business owner and/or manager shall assure that such items are not being kept, possessed, stored or used on the business premises. (H) No electrical, mechanical or artificial device shall be used for audio and/or video recording or for monitoring the performance of a massage, or the conversation or other sounds in any massage room. 6418.17. (A) OPERATIONS. Identification Cards. Each massage therapist shall at all times have in his or her possession the Massage Therapist Identification Card required by this Division and a valid photo identification. Such Card and identification shall be provided to City regulatory officials upon demand. (B) Display of License. Each massage therapist shall display the Business License Certificate issued pursuant to this Division in an open and conspicuous place on the business 13 2175 premises where massage therapy services are performed. (C) Clothing. Each massage therapist and all other employees shall be fully clothed at all times. Clothing shall be fully opaque, non-transparent uniforms, similar to uniforms worn in medical offices, and shall provide complete covering of the genitals, pubic area, buttocks, anal area and chest area. (D) Sterilizing Equipment. Each massage therapist shall provide and maintain at the business location where the massage is performed adequate equipment for disinfecting and sterilizing instruments used in massage. (E) Covering. Each massage therapist shall provide to all patrons clean, sanitary and opaque coverings capable of covering the patron specified anatomical areas, including the genital, anus and chest area. Re-use is prohibited unless the covering is adequately cleaned. (F) Linen. Towels and linen shall be changed and laundered promptly after each use. Separate cabinets or containers shall be provided for the storage of clean and soiled towels and linen. (G) Advertising. No massage therapist operating under this Division shall place, publish or distribute, or cause to be placed, published or distributed, any advertising matter that depicts nudity or semi-nudity or employs language in the text of such advertising that would reasonably suggest to a prospective patron that any other services are available other than those services authorized by this Division. (H) Discrimination. No massage therapist may discriminate or exclude patrons on the basis of their race, sex, religion, age, handicap or any other classification protected under federal or state laws, rules or regulations. 14 2175 (I) Inspections and Searches. The business owner, manager and massage therapist, as a condition to the issuance of each Massage Therapist Identification Case and Business License, shall be deemed to consent to the inspection of the business premises by the City Development Services Department, Fire Department, Police Department and the Los Angeles County Health Department for the purpose of determining that the provisions of this Division or other applicable laws or regulations are met. (J) Lighting. The lighting in each massage room shall be at least one (I) sixty watt white light bulb and shall be activated at all times while a patron is in such room or enclosure. No strobe flashing lights may be used. No colored lights shall be used nor shall any coverings be used which change the color of the primary light source. (K) Ventilation. Ventilation shall be provided in accordance with the applicable provisions of the building and construction codes adopted by the City of Arcadia. (L) Building Permits. All building, plumbing and electrical installations shall be installed under permit and inspected by the Development Services Department. Such installations shall be installed in accordance with the applicable provisions of the building and construction codes adopted by the City of Arcadia. (M) Bath Facilities. A minimum of one (I) toilet and one (I) separate washbasin shall be provided for patrons. Soap or detergent and hot running water shall be provided to patrons and employees at all times and shall be located within close proximity to the area devoted to the performance of massage therapy services. A permanently installed soap dispenser, filled with soap, and a single service towel dispenser shall be provided at the restroom hand wash sink. No bar soap may be used. A trash receptacle shall be provided in 15 2175 each toilet room. (N) Separate Rooms. If male and female patrons are to be treated simultaneously, the following shall be provided: separate treatment rooms, separate dressing rooms and separate toilet facilities for each patron. (0) Maintenance. All facilities where massage therapy services are offered must be m good repair and shall be thoroughly cleaned and sanitized each day the business is in operation. All walls, floors and ceilings of each restroom and shower area shall be easily cleanable. (P) Massage Table. A massage table shall be provided in each massage room or enclosure and the massage shall be performed on this massage table. The tables shall have a minimum height of eighteen inches (18"). Two-inch (2") thick foam pads with maximum width of four feet (4') may be used on a massage table and must be covered with durable, washable plastic or other waterproof material. Beds, floor mattresses and waterbeds are not permitted on the business premises. (Q) Doors. No massage therapy services shall be given within any room or enclosure that is fitted with a door capable of being locked. The business premises' exterior doors and any doors separating the waiting or reception area from the remainder of the premises shall remain unlocked during business hours. (R) Posting. Each service offered, the price thereof and the minimum length of time such service is performed shall be posted in a conspicuous public location on the business premises. No services shall be performed and no sums shall be charged for such services other than those posted. 16 2175 (S) Notices. The following notice shall be conspicuously posted in a location within the business where massage therapy services are performed that is easily visible to any person entering the premises and in each massage room or enclosure: IN COOPERATION WITH THE ARCADIA POLICE DEPARTMENT OUR DOORS ARE TO REMAIN UNLOCKED A T ALL TIMES FOR PERIODIC INSPECTION TO INSURE OUR PROFESSIONALISM. (T) Roster of Employees. The business owner and/or manager shall maintain a register of all massage therapists and employees, showing the name, nicknames and aliases used by the massage therapist or employee, home address, age, birth date, gender, height, weight, color of hair and eyes, phone numbers, social security number, date of employment and termination, if any, and duties of each employee. The above information concerning each massage therapist and employee shall be maintained at the premises of the business for a period of two (2) years following termination. The business owner and/or manager shall make the register of massage therapists and employees available immediately for inspection by the City regulatory officials upon demand at all reasonable times. (U) Records of Treatment. The business owner and/or manager shall keep a record of the dates and hours of each treatment or service, the name and address of the patron, the name of the massage therapist administering such service and a description of the treatment or service rendered. A short medical history form shall be completed by the massage therapist to determine if the patron has any communicable diseases, areas of pain, high blood pressure or any physical condition that may be adversely affected by massage. These records shall be 17 2175 prepared prior to administering any massage or treatment, and shall be retained for a period of twenty-four (24) months after such treatment or service. These records shall be open to inspection upon demand only by officials charged with enforcement of this Division and for no other purpose. The City regulatory officials shall periodically inspect the records to ensure compliance with this Division. Such records shall be kept at the business. The information furnished or secured as a result of any such records shall be used only to ensure and enforce compliance with this Division, or any other applicable State or Federal laws, and shall remain confidential. Any unauthorized disclosure or use of such information by any officer or employee of the City shall constitute a misdemeanor. 6418.18. SUSPENSION AND REVOCATION OF MASSAGE THERAPIST IDENTIFICATION CARD AND BUSINESS LICENSE. The Licensing Authority shall suspend or revoke a Massage Therapist Identification Card and Business License for anyone or more of the following: (A) The administering of massage therapy services has been conducted in a manner that does not comply with all applicable laws, including but not limited to this Division and the City's building and zoning regulations; (B) The license holder has violated a provision of this Division; (C) The license holder is convicted of any disqualifying conduct or is required to register as a sex offender; (D) Information contained in the approved application is false, misleading or fraudulent; (E) The license holder refuses to allow representatives of the City to inspect 18 2175 business records or any premises utilized by the licensee for massage therapy services; (F) The license holder has ceased to meet any of the requirements of this Division. In the event of suspension or revocation of a license or card issued under this Division, the Licensing Authority shall send to the license holder a revocation or suspension notice ten (10) business days prior to the effective date of suspension or revocation. The license and/or card shall be deemed revoked or suspended on the eleventh (I Ith) business day after the City mails or otherwise delivers notice of suspension or revocation. 6418.19. RETURN OF LICENSE CERTIFICATE AND IDENTIFICATION CARD. If a Business License or Massage Therapist Identification Card is suspended or revoked, the license certificate and identification card shall be returned to the Licensing Authority no later than the end of the third (3rd) business day after the effective date of suspension or revocation. 6418.20. APPEALS. Within five (5) business days following the date of issuance by the Licensing Authority of the revocation or suspension notice, the applicant may file a written appeal to the Business Permit and License Review Board. The written appeal shall be filed at the City's Business License Office. In the event of an appeal, the effective date of license and/or card revocation or suspension shall automatically be continued until the date the City makes a determination concerning the appeal. Within ten (10) business days from the filing of such appeal, a hearing shall be conducted by the Business Permit and License Review Board at which time the applicant may present evidence in his/her favor and in opposition to the revocation or ]9 2175 suspensIOn. Within ten (10) business days from the conclusion of the hearing the Board shall make findings and render a final decision. 6418.21. REAPPLICATION AFTER REVOCATION. An applicant for either a license or an identification card under this Division whose license or identification card has been revoked may not reapply for such license or identification card for a period of five (5) years from the date of revocation. However, the applicant may reapply prior to five (5) years if the applicant provides clear and convincing evidence that the ground or grounds for revocation no longer exist. 6418.22. EXEMPTIONS. The provisions of this Division shall not apply to any of the following: (A) State licensed physicians, surgeons, chiropractors, physical therapists, osteopaths, or any registered or licensed vocational nurses working on the premises of; and under the direct supervision of, a State licensed physician, surgeon, chiropractor or osteopath; (B) Barbers, beauticians, manicurists and pedicurists who are duly licensed under the laws of the State of California, except that this exemption shall apply solely to the massaging of the scalp, face, neck, arms, hands, or feet of the client for cosmetic or beautifying purposes; and (C) Athletic trainers certified by the State of California performing training services for professionals, amateur or school athletic events or practices. " 20 2175 SECTION 2. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 3. The City Clerk shall certify the adoption of this Ordinance and shall cause a copy or summary of the same to be published in the official newspaper of said City within fifteen (15) days of its adoption. This ordinance shall take effect thirty one (31) days after its adoption, in accordance with the provisions of California law. Passed, approved and adopted this 6th day of May ,2003. ATTEST: APPRQVED AS TO FORM: ~ r. ~~" Stephen P. Deitsch, City Attorney 21 2175 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) 5S: CITY OF ARCADIA ) I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certifies thatthe foregoing Ordinance No. 2175 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 6th day of May, 2003 and that said Ordinance was adopted by the following vote, to wit: A YES: Councilmembers Kovacic, Marshall, Wuo and Chang NOES: None ABSENT: Coul1cilmember Segal Ci 22 2175