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HomeMy WebLinkAbout2163 ORDINANCE NO. 2163 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ADDING DIVISION 8 TO ARTICLE VI, CHAPTER 4, PART I OF THE ARCADIA MUNICIPAL CODE REGARDING THE REGULATION OF MASSAGE THERAPISTS THE CITY COUNCIL FOR THE CITY OF ARCADIA, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1. Division 8 is hereby added to Article VI, Chapter 4, Part 1 of the Areadia Municipal Code to read 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 Government Code, to regulate massage therapists by imposing reasonable standards relative to their skill and experience. The City Council finds and determines that licensing standards pertaining to massage therapy business activities are neeessary 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 are best served by thc 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 license and restrictions on massage therapy business activities would serve to reduce the risk of illegal activities. 2163 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. DEFINITlONS. Acupressure shall mean the stimulation or sedation of specific meridian points and trigger points near the surfaee 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. Applicanlmeans the individual seeking a permit pursuant to this Division. Certified copy shall mean a copy of a document that is certified by the issuer as being a truc and accurate eopy of the original document or a similar doeument bearing an original signature of the issuer. Chief of Police means the Chief of Police of the City of Arcadia, or his or her dcsignated representative. City regulatory officials shall mean the City's licensing authority, Building and Planning Serviccs, Code Services Officers, Fire Department and the Police Department. Disqualifying conduct 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 othcr disorderly house; (D) Prevailing upon a person to visit a place of illegal gambling or prostitution; 2 2163 (E) Lewd conduct; (F) Prostitution activities; (0) 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 committed 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 whieh relates 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 serviees are perfomled. Employ shall include, without limitation, eontraeting 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 Department means 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 2163 !Yfanager or Owner means the individual(s) who are responsible for the management and/or supervision of a massage therapy business. Massage or massage fherapy 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 meehanical or electrical apparatus or appliances, with or without supplementary aids such as creams, ointments, or other similar preparations commonly used in the practice of massage, under such cireumstances that it is reasonably expected 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 fherapy business shall mean any establishment having a fixed place of business for the purpose of deriving income or compensation from massage therapy services. Massage fherapisf shall mean any person who, for any eonsideration whatsoever, performs or offers to perform a massage in a massage therapy business. Minor means any individual under the age of eighteen (18). Nudity or semi-nudify 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 eovers an anus, male or female genital, pubic region or a female breast. Pellron 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 2163 Recognized school of massage shall mean any school or institution of learning which teaches, through State certified instructors, the theory, ethics, practice, profession or work of massage, which sehool or instruction complies with California Education Code Sections 94760 through 94770 and 94775 through 94777 and all regulations promulgated pursuant thereto, and whieh requires a resident course of study before the student shall be furnished with a diploma or a certificate of graduation from such school or institution of learning following the successful completion of such course of study or learning. 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 tor any person to own, conduct, permit, or manage a business establishment having a fixed place of business for the sole and primary purpose of deriving income 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 an established medical office, including an office of an acupuncturist. physical therapist, day spa or salon. All sueh established businesses shall eomply with all building and zoning regulations, the regulations of this Division, and all other applicable requirements of law. 6418.4. NUMBER OF LICENSES PERMITTED. Each medical office, including that of an acupuncturist and physical therapist, shall be limited to two (2) massage therapists at any given time. 6418.5. HOURS OF OPERATION. 5 2163 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 pub lie plaee 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 aet or omission of the business owner for purposes of determining whether the owner's licensc shall be revoked, suspended, denied or renewed. No business o\mer and/or manager shall employ or allow any person to conduct a massage or aet as an independent contraetor 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 thc City of Arcadia a Massage Therapist Identifieation 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: (A) A statement of the exact business location at which or from the applicant will be working as a massage therapist, including the full strcet address and all telephone numbers associated with said location, and the following personal information concerning the applicant: (1) Full complete name, and all aliases used by the applicant, along with complete residence address and telephone. 6 2163 (2) Previous residential addresses for five (5) years immediately preceding the current address of the applicant. (3) Writtcn proof that the applieant is at least eighteen (18) years of age. (4) Height, weight, color of hair and eyes, and gender. (5) Driver's lieense 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 employers, tor the five (5) years immediately preceding the date of application. (8) The complete permit history of the applicant coneenung massage or massage therapy services provided by the applicant, including without limitation whether the applicant has ever had any licensc 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 pursuant to Pcnal Code section 290. (10) All criminal convictions, including pleas of nolo eontendre (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 plaee of each such conviction. (II) A statement in writing and dated by the applicant certifying under penalty of perjury that all information contained in the application is true and eorrect. 7 2163 (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. (8) 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 applieation. (C) A complete set of fingcrprints takcn on the date of application by the Arcadia Police Dcpartment. (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, wherein the method, practice, profession, theory, ethics, anatomical and physiological knowledge and practiee of massage is taught by State Certified Instructors. (E) Such other information and identification as the Chief of Police may require in order to diseover the truth of the matters herein specified and as required to be sct forth in the application. (F) The applicant shall pay a nomefundable 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 applieation fee, shall be submitted to the Arcadia Police Department. Following the determination by the Chief of Police that thc application is complete, thc Chief of Police shall eonduct an investigation, in such manner as deemed appropriate, in order to ascertain whether sueh application should be approved as requested. 8 2163 Once it is deemed complete, the Chief of Police shall approve, conditionally approve or deny the application, within fifteen (15) business days, unless delayed by fll1gerprint checking or other faets, 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 Poliee shall issue a Massage Therapist Identifieation Card if there are no grounds to deny the application as set forth in seetion6418.15 of this Division. 64218.10. BUSINESS LICENSE REQUIRED. Upon receipt of a Massage Thcrapist Identification Card, the applicant shall furnish this card to the Business License Office and obtain the required Business License, which includes obtaining approval from the Department of Development Serviees, Planning Services, of the proposed business location. 6418.1 I. RENEWAL OF BUSINESS LICENSE. A massage therapist shall annually apply for renewal of a business license. Renewal of the Business License automatically renews the Massage Therapist Identification Card, provided that the massage therapist continues to meet the requirements set forth in this Division. The applicant must complete the entire applieation process if the business lieense expires, or the business has been closed more than one (1) year. 6418.12. TRANSFER OF LICENSE. No Massage Therapist Identification Card or Business Lieense shall be sold or transferred to any other person or persons. 9 2163 6418.13. CHANGE OF INFORMATION. If, during the term of a Massage Therapist Identification Card or Business Lieense, 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 (I 0) business days thereafter. 6418.14. CLOSURE OF BUSINESS LICENSE. The massage therapist is required to notify the Business License Offiee by written notice ifhe or she is no longer performs or offers massage therapy serviees in the City of Arcadia. 6418.15. DENIAL OF MASSAGE THERAPIST IDENTIFICATION CARD. If the Massage Therapist Identification Card application is denied, the Chief of Police shall provide written notiee of the denial to the applicant. In cases where the Chief of Police does not respond to the applicant within tifteen (15) business days after the applieation is deemed completc, the application shall automatically bc dcemed denied on the sixteenth (I 6th) business day after the application was submitted and dcemed completc. If thc application is denied, the applicant shall not be eligible to apply for any Massage Therapist Identification Card or Business License within the City of Arcadia for a minimum of one (1) year from the date the application was denied. The application shall be denied if the Chief of Poliee finds anyone or more of the following: (A) The applicant is not eighteen (18) ycars of age or older; (B) The application is incomplete or any required information or document has not been provided with thc application; 10 2163 (C) The applicant has made one or more false, misleading or fraudulent statements or omissions of fact on the applieation or during the application process; (D) The applicant has, within ten (l0) years preceding the date of the applieation, 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 requirements of this Division; (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 turpitude, or an act of violence, which act or acts are substantially related to the qualifieations, 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 prescnt 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. II 2163 (C) No massage therapist or employee shall after the commencement of any service for any patron advise, suggest, or otherwise indicate to such patron that any additional service is available, or ask or inquire of such patron whether sueh patron desires any additional serviee to be performed. (D) 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. (E) No massage therapist shall provide or offer to provide any massage therapy serviees to a minor unless the minor's parent or legal guardian provides written permission. (F) No person shall entcr, be in, or remain in, any area where massage therapy servIces are offered or performed while in the possession of, consuming, using or under the intluence of, any alcoholie beverage or controlled substance. Service of alcoholic beverages shall not be permitted at any established business where massage therapy services are being performed. (G) Patrons shall not be prohibited from the use of, or possession of, eellular phones, pagers or any conununication devices while massage therapy services are being offered or performed. (1-1) It is unlawful for any massage therapist, employee, patron, or any other person prcsent 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 such items are not being kept, possessed, stored or used on the business premises. 12 2163 (I) No electrical, mechanical or artificial deviee 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) OPERA nONS. 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 identifieation shall be provided to City regulatory officials upon demand. (B) Displav 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 prcmises where massage therapy services are performed. (C) Clothinl!. Each massage therapist and all other employees shall be fully clothed at all times. Clothing shall be fully white opaque, non-transparent uniforms, similar to uniforms worn 111 medical offices, and shall provide complete covering of the genitals, pubic area, buttocks, anal area and chest area. (D) Sterilizinl! Equipment. Each massage therapist shall provide and maintain at the business location where the massage is performed adequate equipment for disinfecting and stcri1izing instrumcnts used in massage. (E) Coverinl!. Each massage therapist shall providc to all patrons clean, sanitary and opaque covcrings capable of eovcring the patron speeified anatomical areas, including the gcnital, anus and chest area. Rc-use is prohibitcd unless the covering is adequately cleancd. (F) Linen. Towels and linen shall be changed and laundered promptly after each use. Separate cabinets or eontainers shall be provided for the storage of clean and soiled towels and linen. 13 2163 (G) Advertising. No massage therapist operating under this Division shall plaee, publish or distribute, or cause to be placcd, 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 raee, sex, religion, age, handicap or any other classification proteeted under federal or state laws, rules or regulations. (I) Inspections and Searches. The business owner, manager and massage therapist, as a condition to the issuance of eaeh 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. (1) Lighting. The lighting in each massage room shall be at least one (1) sixty watt white light bulb and shall be aetivated 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 ehange the eolor 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 14 2163 construetion codes adopted by the City of Arcadia. (M) Bath Faeilities. 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 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 eaeh patron. (0) Maintenance. All facilities where massage therapy services are offered must be in good repair and shall be thoroughly cleaned and sanitized each day the business is in operation. All walls, floors and ceilings of eaeh 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 eovered with durable, washable plastic or other waterproof material. Beds, floor mattresses and waterbeds are not permitted on the business premises. (Q) Doors. Each massage room or enclosure door shall have a view window. This window shall be made of clear glass, located at least five feet (5') above the floor and shall be a minimum size of twelve inches (12") by twelve inches (12"). All view windows shall be kept clear of obscuring materials of any type at all times. No massage therapy services shall be given 15 2163 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 reeeption area from the remainder of the premises shall remain unloeked during business hours. (R) Dressing Rooms. A dressing room containing a separate locker eapable of being locked shall be provided for each patron. (S) Posting. Each serviee offered, the price thereof and the minimum length of time such service is performed shall be posted in a conspieuous publie \oeation on the business premises. No services shall be performed and no sums shall be charged for such services other than those posted. (T) Notiees. The Chief of Police or the Licensing Authority will require that the following notice be posted where massage therapy serviees are performed: NOTICE TO ALL PATRONS THIS MASSAGE ROOM DOES NOT PROVIDE COMPLETE PRlV ACY AND IS SUBJECT TO INSPECTION BY THE ARCADIA POLICE DEPARTMENT, LICENSING OFFICER OR CODE SERVICES WITHOUT PRIOR NOTICE. (A) The notice set forth above shall be prepared and issued by the Chief of Police or the Licensing Authority. (B) The notices shall be conspicuously posted in a loeation within the business where massage therapy serviees are performed that is easily visible to any person entering the premises and in each massage room or enclosure. 16 2163 (U) Roster of Emplovees. The business owner and/or manager shall maintain a register of all massage therapists and employees, showing the name, nieknames and aliases used by the massage therapist or employee, home address, age, birth date, gender, height, weight, eo lor of hair and eyes, phone numbers, soeial seeurity number, date of employment and termination, if any, and duties of eaeh employee. The above information eoneerning eaeh 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 inspeetion by the City regulatory officials upon demand at all reasonable times. (V) Records of Treatment. The business owner and/or manager shall keep a reeord of the dates and hours of each treatment or service, the name and address of the patron, the name of the massage therapist administering sueh service and a description of the treatment or serviee rendered. A short medical history form shall be completed by the massage therapist to detemline if the patron has any communieable diseases, areas of pain, high blood pressure or any physical eondition that may be adversely affected by massage. These reeords shall be 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 17 2163 misdemeanor. 6418.18. SUSPENSION AND REVOCA nON 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 serviees 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 jieense holder is convicted of any disqualifying conduct or is required to register as a sex 0 ffender; (D) Information contained in the approved appIieation is false, misleading or fraudulent; (E) The license holder refuses to allow representatives of the City to inspect business records or any premises utilized by the licensee for massage therapy services; (F) The license holder fails to comply with any of the provisions of this Division; (G) 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 Lieensing Authority shall send to the lieense holder a revocation or suspension notice ten (10) business days prior to the effecti ve date of suspension or revocation. The license and/or card shall be deemed revoked or suspended on the eleventh (11th) business day after the 18 2163 City mails or otherwise delivers notice of suspension or revocation. 64]8.19. 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 latcr than the end of the third (3rd) business day after the effective date of suspension or revocation. 64]8.20. APPEALS. Within tive (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 coneerning the appeal. Within ten (10) business days from the filing of such appeal, a hearing shall be eonducted by the Business Permit and Lieense Review Board at which time the applicant may present evidence in his/her favor and in opposition to the revocation or suspension. Within ten (10) business days from the conclusion of the hearing the Board shall make findings and render a final decision. 64]8.21. REAPPLICATION AFTER REVOCATION. An applieant for either a lieense or an identifieation 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. 19 2163 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 lieensed vocational nurses working on the premises of, and under the direct supervision of, a State licensed physician, surgeon, chiropraetor or osteopath; (B) Barbers, beauticians, manieurists 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) Athletie trainers certified by the State of California performing training services for professionals, amateur or school athletic events or practices." 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 cvery section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without rcgard to whethcr any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 3. The City Clcrk shall ccrtifY the adoption of this Ordinancc and shall causc a copy or summary of the same to be published in thc offieialncwspapcr of said City within filtccn (15) days of its adoption. This ordinancc shall take effcet thirty onc (3 I) days alter its adoption, in accordancc with the provisions of California law. 20 2163 Passed, approved and adopted this 5th Cit~Clerk of the C APPROVED AS TO FORM; ~v.~ Stephen P. Deitsch, City Attorney day of November 21 ,2002. 2163 ST ATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS: CITY OF ARCADIA ) I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby celiifies that the foregoing Ordinance No. 2163 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor ProTem and attested to by the City Clerk at a regular meeting of said Council held on the 5th day of November, 2002 and that said Ordinance was adopted by the following vote, to wit: AYES: Councilmembers Chang, Kovacic, Segal, and Wuo NOES: None ABSENT: Mayor Marshall rcadia C 22 2163