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HomeMy WebLinkAboutItem 2 - TA 15-01 Personal ServicesSTAFF REPORT Development Services Department DATE: March 10, 2015 TO: Honorable Chairman and Planning Commission FROM: Jim Kasama, Community Development Administrator By: Thomas Li, Associate Planner SUBJECT: APPROVAL OF TEXT AMENDMENT NO. TA 15 -01 WITH AN EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) TO AMEND CHAPTERS 2 AND 4 OF ARTICLE VI, AND CHAPTER 2 OF ARTICLE IX OF THE ARCADIA MUNICIPAL CODE TO AMEND THE CITY'S MASSAGE AND PERSONAL SERVICE BUSINESS REGULATIONS Recommendation: Recommend approval to the City Council SUMMARY The Development Services Department is proposing to amend the City's Business License and Zoning Codes to revise the regulations and requirements for massage and personal service businesses. The Business License Codes for massage are to be amended to be consistent with recently enacted State legislation. The Zoning Code changes are to amend the personal service business regulations so that Conditional Use Permits are no longer required for all personal service businesses, but only those that are of concern, such as massage, tattooing, and tanning services. Other personal service businesses, such as barber shops and beauty salons will be allowed by right. The attached, legislative draft version (Attachment No. 3) of the City's regulations shows deleted text in strikethroughs ( strikethroughs) and added text in bold italics. It is recommended that the Planning Commission approve Text Amendment No. TA 15 -01, and recommend approval to the City Council. Staff will prepare an ordinance for consideration by the City Council, and convey the Commission's decision, recommendation and comments to the City Council. BACKGROUND The City of Arcadia's Massage Therapist Regulations were initially adopted in November of 2002 (Ordinance No. 2163) and have been revised four times in response to changes in State laws; most recently, in August of 2009 (Ordinance No. 2260). Since then, the State has enacted three pieces of legislation, AB 619 in August of 2011, SB 1238 in September of 2012, and AB 1147 in September of 2014. AB 619 and SB 1238 restricted the abilities of local agencies to regulate massage therapists that are certified by the California Massage Therapy Council (CAMTC). SB 1238 equated massage therapy with all other professional services required to be licensed by the State, such as Text Amendment No. TA 15 -01 Personal Service Businesses March 10, 2015 — Page 2 of 3 doctors and dentists. This effectively eliminated local regulation of massage therapists. AB 1147 restores most local agencies' abilities to regulate massage therapists. On July 6, 2010, the City Council adopted Ordinance No. 2275 (Attachment No. 1) to impose regulations on personal service businesses. The adoption of this Ordinance was in response to incidents of criminal activity at personal service businesses, particularly those that provided massage services. The Ordinance provided an additional enforcement mechanism to curtail the incidents of criminal activity at these businesses. The Ordinance defined a "Personal Service Business" as "a business providing non- medical personal, health, beauty, or grooming services to its individual customers as a primary use including, but not limited to, day spas, hair salons, nail salons, beauty parlors, health spas, tanning salons and tattoo parlors." The Ordinance requires Personal Service Businesses to obtain a Conditional Use Permit (CUP), instead of being permitted by right as a retail service business. The Ordinance also included a process for obtaining local certification through the Arcadia Police Department. California Assembly Bill AB 619, signed into law on August 3, 2011, established the California Massage Therapy Council (CAMTC), and charged it with the issuance and enforcement of Massage Certifications, as well as overseeing the training required for such Certificates. AB 619 made the requirements for CAMTC- issued Certificates stricter, and established disciplinary procedures. California Senate Bill SB 1238 was signed into law on September 27, 2012 and became effective on January 1, 2013. This Bill required cities to allow massage therapy by CAMTC - certified therapists, and stipulated that they be treated the same as all other professional services that are subject to State licensing, such as doctors, barbers, and locksmiths. Since it would not have been feasible to require Conditional Use Permits (CUPs) for all such occupations, massage businesses that are CAMTC - certified are allowed by right. California Assembly Bill AB 1147 was passed on September 18, 2014, and became effective January 1, 2015. This Bill substantially restores the ability of local agencies to regulate massage businesses. The Bill does set forth certain regulations that cannot be further restricted by local agencies, such as allowing privacy for massage rooms, allowing sole - practitioner's to lock their doors, and a reasonable dress code. CAMTC- certified massage businesses, however, may be subject to Conditional Use Permits. DISCUSSION The Development Services Department is proposing to amend the City's Business License and Zoning Codes to revise the regulations and requirements for massage and personal service businesses to restore as much of the regulations for massage businesses established by Ordinance 2275 as allowed by AB 1147. A summary of AB 1147 prepared by the California Massage Therapy Council (CAMTC) is provided as Attachment No. 2. The proposed amendments require that massage therapists be certified by the CAMTC, and eliminates the local certification process. Other City regulations for windows, door locking, and attire requirements are to be amended to be consistent with AB 1147. Text Amendment No. TA 15 -01 Personal Service Businesses March 10, 2015 — Page 3 of 3 Per Ordinance 2275, the Zoning Code requires personal service businesses to obtain a Conditional Use Permit (CUP) in the following zones: CPD -1, CBD, C -M, DMU, MU, C- 1, and C -2. Personal service businesses are prohibited in all other zones. AB 1147 allows cities to impose land use restrictions on massage businesses separately from other personal service businesses. Therefore, it is proposed that CUPs not be required for all personal service businesses, but only for those that are of concern, such as massage, tattooing, and tanning services. Other personal service businesses, such as barber shops and beauty salons are to be allowed by right. The attached, legislative draft version of the City's regulations shows deleted text in strikethroughs ( strikethroughs) and added text in bold italics (Attachment No. 3). ENVIRONMENTAL ASSESSMENT The proposed Text Amendment qualifies for an exemption from the California Environmental Quality Act (CEQA) per Section 15061(b)(3) of the CEQA Guidelines because the text amendments do not have a potential for causing a significant effect on the environment. A Preliminary Exemption Assessment is included as Attachment No. 4. PUBLIC NOTICE /COMMENTS The Public Hearing Notice for Text Amendment No. TA 15 -01 was published in the Arcadia Weekly on February 26, 2015, and the legislative draft version of the revised regulations was sent to the Arcadia Chamber of Commerce on March 4, 2015. RECOMMENDATION It is recommended that the Planning Commission approve Text Amendment No. TA 15- 01, and recommend approval to the City Council. Staff will prepare an ordinance for consideration by the City Council, and convey the Commission's decision, recommendation and comments to the City Council. If any Planning Commissioner or other interested party has any questions regarding this matter prior to the March 10, 2015, meeting, please contact Thomas Li, Associate Planner at (626) 574 -5447, or tli ©ArcadiaCA.gov. Approved: Jimlsama Coliimunity Development Administrator Attachments: 1. Ordinance No. 2275 2. Summary of Assembly Bill AB 1147 3. Legislative Draft showing amendments in italics and strikethroughs 4. Preliminary Exemption Assessment Attachment No. 1 Ordinance No. 2275 Attachment No. 1 ORDINANCE NO. 2275 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING ARTICLE IX (DIVISION AND USE OF LAND) OF THE ARCADIA MUNICIPAL CODE TO DEFINE AND ADDRESS REGULATIONS FOR PERSONAL SERVICE BUSINESS USES AND THE REQUIREMENTS FOR CONDITIONAL USE PERMITS FOR SUCH USES AND AMENDING ARTICLE VI (BUSINESSES, PROFESSIONS, TRADES AND OCCUPATIONS) OF THE ARCADIA MUNICIPAL CODE TO REVISE THE DEFINITION OF PERSONAL SERVICE BUSINESS. THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 9220.15.1 is hereby added to Chapter 2, Part 2, of Article IX of the Arcadia Municipal Code to read as follows: "9220.15.1. BUSINESS, PERSONAL SERVICE. Personal Service Business shall mean a business providing non - medical personal, health, beauty, or grooming services to its individual customers as a primary use including, but not limited to, day spas, hair salons, nail salons, beauty parlors, health spas, tanning salons and tattoo parlors." SECTION 2. Section 9275.1.53.2.1 is hereby added to Division 5, Title 1 of Article IX of the Arcadia Municipal Code to read as follows: "9275.1.53.2.1. PERSONAL SERVICE BUSINESS. C -1, C -2 and C -M. SECTION 3. Section 6418.1 of Article VI, Chapter 4, Part 1, Division 8 of the Arcadia Municipal Code is hereby amended to read as follows: "Personal Service Business" shall mean a business providing non - medical personal, health, beauty, or grooming services to its individual customers as a primary use including, but not limited to, day spas, hair salons, nail salons, beauty parlors, health spas, tanning salons and tattoo parlors." SECTION 4. Sections 9262.1.6 and 9262.1.7 of Article IX, Division 2, Part 6, Title 1 of the Arcadia Municipal Code are hereby repealed in their entirety. 1 SECTION 5. Section 9264.2.5 of the Arcadia Municipal Code is hereby amended to repeal sub - section (1) and renumber the remaining sub - sections 1 through 14. SECTION 6. The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of the same to be published in the official newspaper of said City within fifteen (15) days after its adoption. This Ordinance shall take effect thirty -one (31) days after its adoption. Passed, approved and adopted this 6th day of July 2010. ATTEST: ity Clerk APPROVED AS TO FORM: 6-ete,4' Stephen P. Deitsch City Attorney Mayor of the City of Arcadia 2 2275 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies that the foregoing Ordinance No. 2275 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 July, 2010 and that said Ordinance was adopted by the following vote, to wit: AYES: Council Member, Chandler, Kovacic, Segal and Amundson NOES: Council Member Harbicht ABSENT: None 3 City Clerk of the City of Arcadia 2275 Attachment No. 2 Summary of Assembly Bill AB 1147 Attachment No. 2 i,IFORIS4 One Capitol Mall, Suite 320 I Sacramento, CA 95814 tel 916.669.5336 fax 916.444.7462 www.camtc.org Summary of 2015 Changes to CAMTC's Statute Applicable to Local Government On September 18, 2014 California Assembly Bill AB 1147, the Massage Therapy Act, was signed into law by Governor Jerry Brown. The new Massage Therapy Act will go into effect on January 1, 2015. AB 1147 substantially changes Business and Professions Code sections 460, 4600 -4621, and Government Code section 51034. Many of these changes are applicable to the regulation of CAMTC certificate holders and massage businesses by local government. How does this new statute differ from existing law? • General Provisions o AB 1147 is a significant change from current law. Under current law, Business and Professions Code section 4612 provides that cities and counties may not impose ordinances, regulations, rules, requirements, restrictions, land use regulations, moratoria, conditional use permits, and zoning requirements on CAMTC certified individuals or businesses that use only CAMTC certified professionals to provide massage for compensation, unless those regulations etc. are also uniformly applied to other businesses that provide professional services, or meet another specifically identified exceptions in the law. o Under AB 1147, as of January 1, 2015, cities and counties will be generally free to regulate massage businesses as long as the regulation of those businesses doesn't violate the provisions of Business and Professions Code sections 460, 4600 -4621, Government Code section 51034, and the other general legal requirements applicable to cities and counties authority to regulate businesses. o Under AB 1147, CAMTC is authorized to certify and take action against individuals who request or obtain certification, and cities and counties are free to regulate massage businesses subject to certain conditions and requirements set forth in the law. • AB 1147 contains new legislative intent language. o The new legislative intent language informs local government that: • The Legislature intends that broad control over land use be vested in local government for the purpose of managing massage establishments in their communities, but that the requirements and practice of the profession of massage therapy remains a matter of statewide concern, regulation, and oversight. Page 2 • The Legislature intends that local governments impose and enforce only "reasonable and necessary fees and regulations," in keeping with existing law and being mindful to protect the needs of legitimate business owners and massage professionals, especially sole providers. o The new legislative intent language also informs local government, law enforcement, nonprofit stakeholders, massage professionals and the massage industry that it intends all of the parties to work together to improve communication, information sharing, and collaborate in the implementation of the Massage Therapy Act and develop a model ordinance. • AB 1147 substantially changes the ability of cities and counties to impose land use regulations on massage businesses. o The revised version of Business and Professions Code section 460(a) generally provides that no city or county shall prohibit a person or group of persons certified by CAMTC from engaging in their business, occupation, or profession, or any portion of that business, occupation, or profession. CAMTC interprets this provision to mean that cities and counties cannot completely ban CAMTC certificate holders from engaging in the business of massage, impose moratoriums on the massage businesses of CAMTC certificate holders (including stopping them from replacing certificate holders that have left the business or expanding the business), place caps on the number of massage businesses of CAMTC certificate holders in a jurisdiction, nor can a city or county completely ban the provision of outcall massage services or other portions of a massage business without violating this provision of law. o The revised version of Business and Professions Code section 460(b) generally provides that no city or county shall prohibit a person certified by CAMTC from engaging in any act or performing any procedure that falls within their professionally recognized scope of practice. o Under AB 1147, Business and Professions Code section 460 specifically provides that cities and counties may adopt or enforce a local ordinance governing zoning, business licensing, or reasonable health and safety requirements for all massage establishments. But this provision is limited by Government Code section 51034. o AB 1147 specifically states in Government Code section 51034 that cities and counties may, by local ordinance, require that all massage establishments obtain a license, permit, certificate, or other authorization in order to operate lawfully in their jurisdiction. o However, cities and counties are specifically prohibited from imposing a requirement that a CAMTC certificate holder obtain any other license, permit, certificate, or other authorization to provide massage for compensation or take any test, medical exam, background check, or comply with educational requirements beyond what is required for CAMTC certification. CAMTC interprets this to mean that cities and counties cannot require a CAMTC certified individual to pass a background check, provide proof of education or complete additional education, require a permit for an individual (not a business) to provide massage for compensation, require Page 3 individual registration, require an authorization and charge a fee to an individual in order to verify CAMTC certification, or require any other authorization to provide massage for compensation. • AB 1147 specifically prohibits cities and counties from: o Defining or regulating any massage establishment as adult entertainment, regardless of whether the establishment is using CAMTC certified individuals to provide massage for compensation or not. CAMTC interprets this to mean that cities and counties may not define a massage business as an adult entertainment business and regulate it in that manner, nor may cities and counties impose regulations on massage businesses (such as 300 -foot buffers from schools, parks, daycare centers, etc., or the banning of condoms on the premises) if adult entertainment businesses are also regulated in the same manner; o Requiring any massage establishment to have windows or walls that don't extend from floor to ceiling or have other internal physical structures that interfere with a client's reasonable expectation of privacy; o Requiring client draping that goes beyond the covering of genitalia and female breasts, or mandates that the client wear special clothing; o Not allowing a massage establishment to lock its external doors if the establishment is a business entity owned by one individual with one or no employees or independent contractors; o Requiring massage establishments to post any notices in an area that may be viewed by clients that contains explicit language describing sexual acts, mentions genitalia, or specific contraception devices; o Imposing a requirement that a CAMTC certificate holder take any test, medical exam, background check, or comply with educational requirements beyond what is required for CAMTC certification; o Imposing a requirement that a CAMTC certificate holder obtain any other license, permit, certificate, or other authorization to provide massage for compensation; o Imposing a dress code requirement on a CAMTC certificate holder while that person is engaged in the practice of massage or visible to clients in a massage establishment in excess of the following: • Attire that is transparent, see - through, or substantially exposes the person's undergarments; • Swim attire if not providing a water -based massage modality approved by the council; • In a manner that exposes breasts, buttocks, or genitals; • In a manner that violates Penal Code section 314 (indecent exposure); or • In a manner that is otherwise deemed by CAMTC to constitute unprofessional attire based on the custom and practice of the massage profession in California. o Not allowing a CAMTC certificate holder to perform massage for compensation on the gluteal muscles, not allowing specific massage techniques recognized by CAMTC as legitimate, or imposing any other Page 4 specific restriction on professional practice beyond those set forth in CAMTC's statute as a basis for denial or discipline. • Under both current law and the new Massage Therapy Act, cities and counties have the authority to pass ordinances requiring that all those who provide massage services in their jurisdiction be CAMTC certified (just like some jurisdictions currently or have in the past required certification by the NCBTMB). Ordinances requiring CAMTC certification for those providing massage services do not interfere with the voluntary nature of certification, because massage providers are still free to choose to either be certified or work in another jurisdiction. • Under both current law and the new Massage Therapy Act, there is no distinction in the rights and privileges afforded to CMTs, CMPs, or CCMPs. All are certificate holders and all are subject to the protections in Business and Professions Code sections 460, 4600 -4621, and Government Code section 51034. • AB 1147 imposes new educational requirements. o For applications received on or after January 1, 2015, the applicant may only be certified as a Certified Massage Therapist (CMT) if he or she has: • 500 hours of education from approved schools; • a minimum of 100 of those 500 hours must be in anatomy, physiology, contraindications, health and hygiene, and business and ethics; and • has passed a CAMTC approved exam. o Removes current Certified Massage Practitioner (CMP) tier of certification for applicants, but allows those already certified as CMP to continue to be certified as CMP as long as they continue to re- certify in a timely manner. o New applications for CMP will not be accepted on or after January 1, 2015. o Allows Conditionally Certified Massage Practitioners (CCMP) to continue to work towards certification as a CMP if annual educational and reporting requirements are met. • AB 1147 specifically identifies the following newly articulated bases for denial of applications and imposition of discipline on certificate holders (some of which have been previously imposed by CAMTC policy and are now clearly stated in the law). o Engaging in sexually suggestive advertising related to massage services; o Engaging in any form of sexual activity on the premises of a massage establishment where massage is provided for compensation, excluding a residence; o Engaging in sexual activity while providing massage services for compensation; o Practicing massage with a suspended certificate or practicing outside of the conditions of a restricted certificate; o Providing massage of the genitals or anal region; o Providing massage of female breasts without the written consent of the person receiving the massage and a referral from a licensed California Health Care Provider; o Attempting to procure a certificate by fraud, misrepresentation, or mistake; o Failing to fully disclose all requested information on the application; Page 5 o Being inappropriately dressed while engaged in the practice of massage for compensation or while visible to clients in a massage establishment, in any of the following: • Attire that is transparent, see - through, or substantially exposes the person's undergarments; • Swim attire if not providing a water -based massage modality approved by the council; ■ In a manner that exposes breasts, buttocks, or genitals; • In a manner that violates Penal Code section 314 (indecent exposure); or • In a manner that is otherwise deemed by CAMTC to constitute unprofessional attire based on the custom and practice of the massage profession in California. • The new law also specifically requires that CAMTC deny an application or revoke the certificate of a certificate holder if a person is required to register as a sex offender in California or another state (there is no discretion on this issue). • The following bases for denial of applications or discipline of certificate holders existing in current law remain in the new Massage Therapy Act: o Engaging in unprofessional conduct; o Procuring a certificate by fraud, misrepresentation, or mistake; o Impersonating an applicant or acting as a proxy for an applicant in an exam required for certification; o Violating or attempting to violate or assisting or abetting in the violation of any provision of CAMTC's statute or any rule or bylaw; o Committing a fraudulent, dishonest, or corrupt act that is substantially related to the qualifications or duties of a certificate holder; o Denial of licensure, revocation, suspension, restriction, citation, or any other disciplinary action against an applicant or certificate holder by another government agency; o Conviction of any felony, misdemeanor, infraction, or municipal code violation, or liability in an administrative or civil action for any act that is substantially related to the qualifications, functions, or duties of a certificate holder; o Committing an act punishable as a sexually related crime; and o CAMTC certified owners or operators of massage businesses are responsible for the conduct of all those providing massage for compensation on the premises of the business. • Evidentiary Issues related to denials and discipline. o In order to take action against an applicant or certificate holder, CAMTC must have reliable evidence that the individual violated a provision of CAMTC's law. Various types of evidence may be used, including but not limited to: • Certified or verified copies of administrative decisions; ■ Certified copies of civil orders or decisions related to violations of municipal code sections; • Certified or verified copies of administrative citations; and Page 6 • Declarations from law enforcement officers, attesting under penalty of perjury, to conduct the officer personally witnessed. o A mere complaint to CAMTC, without evidence supporting an alleged violation of the law, is not sufficient for CAMTC to take action. CAMTC therefore works very closely with law enforcement agencies and others that regulate massage in order to gather the evidence needed to take action against an applicant or certificate holder. o Both current law and the revised provisions of the Massage Therapy Act provide for significant information sharing between CAMTC and law enforcement agencies or governmental agencies that regulate massage. • Upon request, CAMTC may share information about applicants and certificate holders including: current status of an application or certificate; history of disciplinary actions; home and work addresses; length of suspension; and any other information needed to verify facts relevant to administering a local ordinance. • Upon request, law enforcement agencies and governmental agencies that regulate massage are authorized to share information about applicants and certificate holders with CAMTC, including but not limited to the following: current status of any local application or permit; history of legal or administrative action taken; information related to criminal activity or unprofessional conduct, including police reports and declarations of conduct; home and work addresses; and any other information necessary to verify information or implement the Massage Therapy Act. o Under current law, the legal standard for denial of an application is preponderance of the evidence, and the legal standard for discipline of a certificate holder is clear and convincing evidence. As of January 1, 2015, the legal standard for discipline of a certificate holder changes to preponderance of the evidence. o Under both current law and the revised law, CAMTC may suspend a certificate in two distinct situations: By operation of law; or based on evidence of a sex crime or related felony. • In order to suspend a certificate by operation of law, CAMTC must have notice that the person was arrested and had charges filed against them for 647(b) or another sexually related crime. If they are convicted of 647(b) or another sexually related crime, the certificate is subject to permanent revocation. However, if they are convicted of something else (like 415 PC- disturbing the peace, or 602(k) PC — trespass) or the case is dismissed, CAMTC is legally required to reinstate the certificate. In these cases (where the certificate has been reinstated), CAMTC may still proceed with discipline of a certificate holder if it has sufficient evidence to prove that a violation of the Massage Therapy Act occurred. • Currently, in order to suspend a certificate based on evidence (including declarations), there must be clear and convincing evidence that a certificate holder committed an act punishable as a sexually related crime or a felony that is substantially related to the qualification, functions, or duties of a certificate holder (drug offenses Page 7 are not considered to be substantially related) and any credible mitigating evidence must be considered. As of January 1, 2015, the legal standard changes from clear and convincing evidence to preponderance of the evidence. • Regulation of Massage Schools. o Under both current law and the revised version of the law CAMTC has the authority to approve massage schools to ensure that they meet minimum standards for training and curriculum, and impose fees. o Provisions related to CAMTC's authority to investigate whether an applicant actually has the education he or she claims remain unchanged. o AB 1147 provides further direction to CAMTC in relation to the inspection and approval of massage schools and specifically provides that: • CAMTC shall develop policies, procedures, rules, or bylaws governing the requirements and process for the approval and unapproval of schools, including but not limited to: • Corrective action to return a school to approved status; • Acceptable curriculum; • Facility requirements; • Student - teacher ratios; • Clinical practice requirements; and • Acceptance of accreditation from other organizations. ■ CAMTC may charge a reasonable fee for the inspection or approval of schools, but the fee may not exceed the reasonable cost of the inspection or approval. • AB 1147 substantially changes CAMTC's existing Board structure. o Under current law, CAMTC's Board may be comprised of up to 20 members. Of those 20 members, eight members are chosen by four different professional massage associations (two each), one member is chosen by each statewide association of private postsecondary schools that meet the requirements in the law, one member is chosen by the League of California Cities, one member is chosen by the California State Association of Counties, one member is chosen by the Director of Consumer Affairs, one member is chosen by the Office of the Chancellor of the California Community colleges, and the remainder are appointed by the Board. o As of September 15, 2015, a new Board will replace the existing Board. This new Board will be comprised of 13 members chosen in the following manner: ■ One member chosen by the League of California Cities; • One member chosen by the California Police Chiefs Association; ■ One member chosen by the California State Association of Counties; • One member chosen by a representative of an anti -human trafficking organization, with that organization being chosen by CAMTC; • One member chosen by the Office of the Chancellor of the California Community Colleges; ■ One public member chosen by the Director of the Department of Consumer Affairs; Page 8 ■ One member chosen by the California Association of Private Postsecondary Schools; • One member who is a California resident, has been practicing massage for at least three years, and is CAMTC certified, chosen by the California Chapter of the American Massage Therapy Association; ■ One member who is a California resident, has been practicing massage for at least three years, and is CAMTC certified, chosen in a rotating manner by the other three professional massage associations; ■ One member who is a public health official representing a city, county, or state health department, chosen by CAMTC; • One member who is a California licensed attorney, practicing for at least three years, who represents a California city, chosen by CAMTC; ■ One member who represents a massage business entity operating in California for at least three years, chosen by CAMTC; and • One member who brings needed knowledge and expertise to the Board, appointed by CAMTC. You can find the complete text of the Massage Therapy Act, codified at California Business and Professions Code sections 460, 4600 -4621, and Government Code section 51034, here. If you have any questions about the new law, please email BMay @camtc.org with your questions. Attachment No. 3 Legislative Draft showing amendments in italics and strikethroughs Attachment No. 3 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA AMENDING PORTIONS OF DIVISION 1 OF PART 1 OF CHAPTER 2 OF ARTICLE VI; PORTIONS OF DIVISION 8 OF PART 1 OF CHAPTER 4 OF ARTICLE VI; AND PORTIONS OF PARTS 2, 6 AND 7 OF CHAPTER 2 OF ARTICLE IX OF THE ARCADIA MUNICIPAL CODE IN ORDER TO UPDATE THE CITY'S MASSAGE THERAPIST AND BUSINESS REGULATIONS. THE CITY COUNCIL OF THE CITY OF ARCADIA DOES ORDAIN AS FOLLOWS: [Deleted text is highlighted in strikethrough and added text is highlighted in bold italics] SECTION 1: Section 6211 of Division 1 of Part 1 of Chapter 2 of Article VI of the Arcadia Municipal Code and is hereby amended to read as follows: "6211. LICENSE REQUIRED. There are imposed upon the business trades, professions, callings and occupations specified in this Division license taxes in the amounts hereinafter prescribed. No person shall engage in business or transact and carry on any business, trade, profession, calling or occupation in the City, without first having procured a license from the City so to do and without fully complying with any and all other provisions of this Code. This Section does not apply to adult businesses; the regulation and permitting of adult businesses and the licensing of the trades, professions, callings, and occupations thereof involved are separately enacted and provided for in Sections 9279 and 6700 et seq. of this Code. This Section also does net apply to massage therapy businesses; and shall be read in conjunction with those regulations and permitting or massage therapy businesses which are separately enacted and provided for in Sections 6418 et. seq. of this Code. " SECTION 2: Division 8 of Part 1 of Chapter 4 of Article VI of the Arcadia Municipal Code and is hereby amended to read as follows: "DIVISION 8 MASSAGE THERAPIST REGULATIONS 6418. - FINDINGS AND PURPOSE. 6418.1. - DEFINITIONS. 6418.2. - ACUPRESSURE. 6418.3. PERMISSIBLE ZONING AND BUILDING LAWS APPLICABLE TO MASSAGE THERAPY BUSINESS ACTIVITIES — CONDITIONAL USE PERMIT REQUIRED. 6418.4. - STATE MASSAGE CERTIFICATION OR IDENTIFICATION REQUIRED TO CONDUCT MASSAGE THERAPY IN THE CITY. 6418.5. - BUSINESS LICENSE REQUIRED. 6418.6. — DENIAL, SUSPENSION, AND REVOCATION OF MASSAGE THERAPY BUSINESS LICENSE; APPEAL PROCEDURE AND REINSTATEMENT. 6418.7 NUMBER OF LICENSES PERMITTED [RESERVED]. 6418.8. - HOURS OF OPERATION. 6418.9. - BUSINESS OWNER/OPERATOR RESPONSIBILITY. 6418.10. MASSAGE THERAPIST IDENTIFICATION CARD REQUIRED IF NO MASSAGE CERTIFICATE [RESERVED] 6418.11. PROCESSING THE APPLICATION [RESERVED] 6418.12. ISSUANCE OF IDENTIFICATION CARD [RESERVED] 6418.13. DISAPPROVAL OF MASSAGE THERAPIST IDENTIFICATION CARD [RESERVED] 6418.14. RENEWAL OF MASSAGE THERAPIST IDENTIFICATION CARD [RESERVED] 6418.15. - RENEWAL OF MASSAGE THERAPY BUSINESS LICENSE. 6418.16. TRANSFER OF LICENSE [RESERVED] 6418.17. - CHANGE OF INFORMATION. 6418.18. - CESSATION OF MASSAGE THERAPY SERVICES. 6418.19. - PROHIBITED ACTIVITIES. 6418.20. - OPERATIONS. 6418.21. SUSPENSION AND REVOCATION OF MASSAGE THERAPIST -2- IDENTIFICATION CARD AND BUSINESS LICENSE [RESERVED] 6418.22. [RESERVED] 6418.23. APPEALS [RESERVED] 6418.24. REAPPLICATION AFTER REVOCATION [RESERVED] 6418.25. - EXEMPTIONS. 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 conditioning the issuance of a license to engage in the business of massage on reasonable standards relative to their skill and experience, and to regulate owners and operators of massage therapy businesses to ensure the safety of clients receiving massage therapy. While the City Council recognizes that section 4612 of the Business and Professions Code and section 51034 of the Government Code gives those individuals who are certified pursuant to chapter 10.5 of the Business and Professions Code the right to practice massage, the City Council also finds that those sections /1612 of the Business and Professions Code also gives the City the right to adopt reasonable business licensing and health and safety requirements for massage establishments and businesses, including requiring a conditional use permit (CUP) to operate. The City Council finds and determines that licensing the standards contained in this Ordinance pertaining to massage therapy business activities are 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 are 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, and that is consistent with State law (including, but not limited to chapter 10.5 of the Business and Professions Code — Sections 4600 et seq.). 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. -3- 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. "Acupuncture" means the stimulation of a certain point or points on or near the surface of the body by the insertion of needles to prevent or modify the perception of pain or to normalize physiological functions, including pain control, for the treatment of certain diseases or dysfunctions of the body and includes the techniques of electroacupuncture, cupping, and moxibustion. "Acupuncturist" means an individual to whom a license has been issued to practice acupuncture pursuant to chapter 12 of the Business and Professions Code, which is in effect and is not suspended or revoked. "Applicant" means the individual seeking a business license pursuant to this Division. "Certified copy" shall mean a copy of a document that is certified 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. "City of Arcadia Massage Verification Card" shall mean the no fee business license eard issued by the City of Arcadia after receiving a certified copy of a massage therapist': mMassage eCertificate which verifies the massage therapist's ability to practice massage in the City of Arcadia. "City regulatory officials" shall mean the City's Licensing Authority, Building and Planning Services, Code Services Officers, Fire Department and the Police Department. "Disqualifying conduct" means any of the following: (A) Pandering; -4- (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; (E) Lewd conduct; (F) Prostitution activities; 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; (J) Any misdemeanor or felony offense which 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 massage 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 an operator or owner of a massage therapy business. "Health Department" means the County of Los Angeles Department of Health Services. "Licensing Authority" shall mean the Business License Officer or the designated official responsible for issuing, revoking and otherwise administering the provisions of this Division. "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 electrical 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 expected -5- 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 Business License" or "Business License" or "License" shall mean the City of Arcadia business license required to be applied for and obtained by anyone wishing to own or operate a massage therapy business. "Massage Certificate" shall mean a certificate issued pursuant to sSections 46000 et seq. of the Business and Professions Code (Chapter 10.5 commencing with Section 4600). "Massage therapist" shall mean any person who, for any consideration whatsoever, performs or offers to perform a massage in a massage therapy business. "Massage therapy business" shall mean both massage establishments or businesses that are sole proprietorships, where the sole proprietor has either a Massage Certificate or a Massage and massage establishments or businesses that employ or use only persons that have either a Massage Certificate or a Massage therapist identification card to provide massage services. "Massage Therapist Identification Card" shall mean a card issued by the City of Arcadia which allows the holder of the card to practice massage in the City. "Minor" means any individual under the age of eighteen (18) years. "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. "Operator" or "owner" means the individual(s) who are responsible for the management and/or supervision of a massage therapy business. Whenever the term owner or operator is used in this Division, it shall be deemed to include, without limitation, the manager of any massage therapy business. "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. -6- "Personal Service Business" shall mean a business providing non medical personal, health, beauty, or grooming services to its individual customers as a primary use including, but not limited "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 . s... • A S and which requires a resident course of study before the student shall be furnished with a diploma or completion of such course of study or learning; and shall further mean any similar school or promulgated 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, except as administered by licensed acupuncturists. 6418.3. - PERMISSIBLE ZONING AND BUILDING LAWS APPLICABLE TO MASSAGE THERAPY BUSINESS ACTIVITIES — CONDITIONAL USE PERMIT REQUIRED. It shall be unlawful for any person to own, conduct, permit, or manage a business establishment having fixed place of business for the sole and primary purpose of deriving income or purely incidental and secondary to any established business. chiropractor; and (b) a personal service business. No person shall engage in, conduct or carry on, or permit to be engaged in, conducted or carried on, any massage therapy business within a structure, unless the massage operations are -7- conducted within a structure is located in a zone where such use is permitted and a conditional use permit has been obtained pursuant to Division 5 of Part 7 of Chapter 2 of Article IX of this Code (commencing with Section 9275.1). All such established businesses shall comply with all building and zoning regulations, the regulations of this Division including licensing and permitting requirements, and all other applicable requirements of law. 6418.4. — STATE MASSAGE CERTIFICATION OR IDTi NTIFIC A TTON REQUIRED TO CONDUCT MASSAGE THERAPY IN THE CITY. On or after January 1, 2016, it shall be unlawful for any person to engage in massage therapy within the City (whether having a fixed or mobile place of business within the City (e.g.: "out- call", "in- home" or "in- office" services)), without having either a valid Massage Therapist Identification Card or a valid Massage Certificate. To ensure compliance with this Code section, upon receipt of either a Massage Therapist Identification Card or a Massage Certificate, all massage therapists must file a certified copy of either their Massage Therapist Identification Card or their Massage Certificate with the City of Arcadia Development Services Department - Business License Division. After successfully filing his or her either their Massage Therapist Identification Card or Massage Certificate, all massage therapists will be issued a City of Arcadia Massage Verification Card. The City shall charge no fee for review of a Massage Certificate or issuance of a Massage Verification Card. Notwithstanding the above, any person engaging in massage therapy under a valid Massage Therapist Identification Card may continue to do so until January 1, 2016 and, prior to that date, a Massage Therapist Identification Card shall be deemed equivalent to a Massage Certificate for purposes of compliance with this Division. All Massage Therapist Identification Cards shall expire on January 1, 2016. Commencing on the effective date of this Division, no further Massage Therapist Identification Cards will be issued or renewed. Any Massage Therapist Identification Card remaining in effect may be suspended or revoked for violations of this Division, this Code or State law, pursuant to the procedures contained in Section 6216.7 of this Code (Suspension /Revocation of Business Licenses). -8- 6418.5. - BUSINESS LICENSE REQUIRED. Any person owning or operating a business that provides massage therapy shall apply for and obtain from the City of Arcadia a Massage Business License. Obtaining the required business license includes obtaining approval from the Department of Development Services, Planning Services, of confirming that the proposed business location is in compliance with applicable zoning, building and other codes or laws. The applicant shall file a written application on the required form provided by the Development Services Department. The following information, documents and other requirements shall be included with the submission of such application: (A) A statement of the exact location of the business, including the full street address and all telephone numbers associated with said location. If the business will be operated signed and dated, indicating the intent to employ the operator The information required from all business license applicants, pursuant to Sections 6211— 6211.5 of this Code. address and telephone number, (C) Previous residential addresses for five (5) years immediately preceding the current address of the applicant, (D) Driver's license number or identification number, (E) Social security number, (B) 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, (C) 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 owners /operators of businesses that provide massage therapy as provided in this Division, -9- (D) Applicant's valid Massage Certificate or valid City of Arcadia Massage Verification Card Massage Therapist Identification Card, if applicant plans to practice massage therapy, and (E) Proof that the applicant has obtained a conditional use permit from the City and is otherwise in compliance with the City's zoning code. Applicants who do not show proof of either a valid Massage Certificate or a current Massage Therapist Identification Card shall also provide the following information: (A) Whether or not the applicant is required to register as a sex offender pursuant to Penal Code Section 290, (B) All criminal convictions, including pleas of nolo contendere (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, (C) Two (2) front face portrait photographs at least two inches (2 ") by two inches (2 ") in size taken within thirty (30) days immediately preceding the date of application, Department, (E) Such other information and identification as the Chief of Police may require in order to discover the truth of the matters herein specified and as required to be set forth in the application. All applicants shall pay a nonrefundable business licenseing processing fee sufficient to cover the costs of business licensing activities, in the amount established by resolution of the City Council, pursuant to Section 6211.2.1.1 of this Code. 6418.6. — DENIAL, SUSPENSION, AND REVOCATION OF MASSAGE THERAPY BUSINESS LICENSE; APPEAL PROCEDURE AND REINSTATEMENT. A Massage Business License may be denied for the same reasons and on the same grounds as any other business license in the City, pursuant to Section 6216.6 of this Code. Within ten (10) • License Review Board. Each appeal of a denial of a license shall be accompanied by the payment of Five Hundred Forty dollars ($540.00) to cover the cost of the hearing and appeal. -10- A Massage Business License may be suspended or revoked by the City for the same reasons and on the same grounds as any other business license in the City, pursuant to Section 6216.7 of this Code. The appeal of a denial, suspension or revocation of a Massage Business License shall be governed by the procedures set forth in Section 6216.8 of this Code. The reinstatement of a Massage Business License shall be governed by the procedures set forth in Section 6216.11 of this Code. Upon the filing of an appeal, and within thirty (30) days of the date of such appeal, or as soon thereafter as possible, a hearing shall be conducted by the Board. Any Board member who has any financial interest in the outcome of the hearing or is unable to make a fair, impartial and unbiased determination shall not participate in either the hearing or in any determination or not already scheduled to appear, or his /her designee, in order to present evidence on behalf of the and tangible evidence bearing upon the issues and may be represented by counsel. The Board shall the convenience of a party or witness at the request of the permit applicant or permit holder, or any other party. Extensions of time or continuances sought by a permit applicant or permit holder shall not be considered delay on the part of the City and shall not be deemed to constitute failure by the At the conclusion of the hearing, but no later than ten (10) days thereafter, the Board shall, by a majority vote of the members present at the hearing, order that the license be denied or approved, r;„ alt. Within ten (10) days of receipt of any final decision by the Board, either the holder of the City Department Head or any other business or resident of the City may appeal the decision by filing -11- an appeal with the Board. Immediately upon receipt of such appeal, the Board shall transmit to the City Council the final decision and all findings for placement on the agenda at the first regularly scheduled Council meeting subsequent to the filing of the appeal, or as soon thereafter as possible. The City Council shall consider the findings and recommendations of the Board and may adopt them in total, hold a de novo hearing, or the City Council may amend, modify or reject the recommended decision of the Board. In addition, the City Council may send the findings and recommendations back to the Board with instructions to rehear any relevant matter not previously heard and then resubmit additional amended or modified findings to the City Council. The City Council may deny or approve the license, or impose such other or further reasonable terms, conditions or restrictions on the terms, conditions or restrictions theretofore placed on said license as the City Council finds reasonable or necessary to ensure that the business enterprise, occupation or activity will not be contrary to or inimical to or jeopardize the preservation of the public peace, safety or welfare of the City or its inhabitants, or be detrimental to other properties or businesses in its vicinity. The decision of the City Council shall be final. 6418.7 :.. ' ! _ _ ' .. ' _ ! . [RESERVED] Each medical office or physical therapy office shall be limited to two (2) massage therapists per office or address, not per practitioner. Acupuncturists may not employ massage therapists or have massage therapists operate in their offices 6418.8. - 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. A massage begun any time before 9:00 p.m. must nevertheless terminate at 9:00 p.m. All customers, patrons and visitors shall be excluded from the massage therapy business during these hours and be advised of these hours. The hours of operation must be displayed in a conspicuous public place within the established business. The operator must notify the city of any changes in hours not later than seven (7) calendar days prior to said change. 6418.9. - BUSINESS OWNER/OPERATOR RESPONSIBILITY. All massage therapy business owners and/or operators shall be responsible for the conduct of all employees and independent contractors. Any act or omission of any employee or independent -12- 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 operator shall employ any person, or allow any person, to conduct a massage or act as an independent contractor conducting massage who does not have either a valid Massage Therapist Identification Card or a Massage Certificate and City of Arcadia Massage Verification Card. In order to ensure compliance with these Code provisions, no massage therapy business owners shall employ any person who has not shown them either their valid Massage Therapist Identification Card or valid Massage Certificate and City of Arcadia Massage Verification Card. 6418.10. MASSACE THERAPIST IDENTIFICATION CARD REQUIRED IF NO MASSACE CERTIFICATE. [RESERVED] Any person performing massage or massage therapy without a Massage Certificate shall 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 or from which the applicant will be working as a massage therapist, including the full street address and all telephone the business, signed and dated, indicating the intent to employ the applicant, and the following personal information concerning the applicant: Full name, and all aliases used by the applicant, along with complete residence address and telephone number, Previous residential addresses for five (5) years immediately preceding the current address of the applicant, Written proof that the applicant is at least eighteen (18) years of age, Height, weight, color of hair and eyes, and gender, Driver's license number or identification number, -13- (6) Social security number, (7) (8) (9) The occupation and employment history of the applicant, including, without five (5) years immediately preceding the date of application, The complete permit history of the applicant concerning 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 if so, the date, location and reason for the denial, revocation or suspension, Whether or not the applicant is required to register as a sex offender pursuant (10) All criminal convictions, including pleas of nolo contendere (no contest), 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 (30) 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 from a recognized school of massage; -14- (E) Such other information and identification as the Chief of Police may require in 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. 6418.11. ' ' ! :... _ ' ' _ ! [RESERVED] 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 Once it is deemed complete, the Chief of Police shall approve, conditionally approve or 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. 6418.12. . [RESER VED] 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 6418.13 of this Division. 6418.13. DISAPPROVAL OF MASSACE THERAPIST IDENTIFICATION CARD. [RESER VED] respond to the applicant within fifteen (15) business days after the application is deemed complete, Therapist Identification Card or Massage Business License within the City of Arcadia for a minimum -15- following: (C) The applicant has made one (1) or more false, misleading or fraudulent statements or omissions of fact on the application or during the application process; (D) The applicant 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 requirements of this Division; (G) The granting of the identification card or license would pose a threat to public health, (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 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. 6418.14. [RESER VED] A massage therapist shall annually apply for renewal of the Massage Therapist Identification Card on forms provided by the Arcadia Police Department. The massage therapist 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. 6418.15. - RENEWAL OF MASSAGE THERAPY BUSINESS LICENSE. Owners and /or operators of businesses that provide massage therapy shall annually apply for renewal of their Massage Business License. The owner and /or operator applicant shall pay a -16- nonrefundable application renewal fee at the time of filing a renewal application in the amount established by resolution of the City Council. The owner of a business that provides massage therapy shall maintain a current business license. Any owner and/or operator who currently possesses a business license allowing them to operate a massage therapy business must, upon time for the renewal of their license, apply for a Massage Business License, supplying the information as required in Section 6418.5 of this Division. 6418.16. - _ .. ' ! _ .. _ [RESERVED] No Massage Therapist Identification Card or Massage Therapy Business License shall be sold or transferred to any other person or persons. 6418.17. - CHANGE OF INFORMATION. If, during the term of a Massage Therapist Identification Card or Massage Therapy Business License, a massage therapist or an owner and/or operator 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. 6418.18. - CESSATION OF MASSAGE THERAPY SERVICES. 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 services in the City of Arcadia. 6418.19. - PROHIBITED ACTIVITIES. (A) 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. -17- (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. (D) 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 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, sexually oriented merchandise paraphernalia or condoms. Every business owner and /or operator 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. (1) No sexually oriented merchandise. No person shall use or possess any sexually oriented merchandise in or on any part of a massage establishment. For purposes of this subsection, "sexually oriented merchandise" shall mean sexually oriented implements and paraphernalia, such as, but not limited to: dildos, auto sucks, sexually oriented vibrators, edible underwear, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery - operated vaginas, and -18- (J) similarly sexually oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sadomasochistic activity. Except as provided herein, a massage therapy business may not lock any of its doors through which the public enters from an outside location during business hours. This prohibition shall not apply to a massage therapy business that is owned by one individual with one or no employees or independent contractors. No massage therapy business may lock any of its internal doors leading to a room in which massage is performed. 6418.20. - OPERATIONS. (A) Identification Cards. Each massage therapist shall at all times while on the massage therapy business premises have in his or her possession either the Massage Therapist equired by this Division or their Massage Certificate, a valid photo identification, and their City of Arcadia Massage Verification Card. Such card and identification shall be provided to City regulatory officials upon demand. Each owner and /or operator shall at all times while on the massage therapy business premises have in his or her possession a copy of the Business License required by this Division and a valid photo identification. Such card, license and identification shall be provided to City regulatory officials upon demand. (B) Display of License. Each owner or operator of a massage therapy business shall display the Business License Certificate issued pursuant to this Division in an open and conspicuous place on the business premises where massage therapy services are performed. (C) Clothing. Each massage therapist and all other employees shall be fully clothed at all times in compliance with the clothing standards set forth in section 4609(a)(10) of the Business and Professions Code. Clothing shall be fully opaque, nontransparent uniforms, similar to uniforms worn in medical offices, and shall provide complete -19- (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's specified anatomical areas, including the genital, analus and female old breast area. Reuse 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 (H) Inspections and Searches. The business owner /operator, and massage therapist, as a condition to the issuance of either each Business License or each Massage Therapist Identification Card, shall be deemed to consent to the reasonable inspection of the business premises during regular business hours by the City Development Services Department, Fire Department, Police Depar lment 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 activated at full wattage at all times (no dimming) while a patron is in such room or enclosure. No strobe flashing lights may be used. No -20- colored lights shall be used nor shall any coverings be used which change the color of the primary light source. (J) Ventilation. Ventilation shall be provided in accordance with the applicable provisions of the building and construction codes adopted by the City of Arcadia. (K) 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. (L) Separate Sexes and Rooms. If male and female patrons are to be treated simultaneously, the following shall be provided: separate treatment rooms (except in the case of consensual "couples massage" whereby not more than two individuals may be treated simultaneously in the same room by two massage therapists), separate dressing rooms and separate toilet facilities for each patron. Nothing in this Division shall prevent a massage therapist of one sex from providing massage to a patron of the other sex. (M) 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 each restroom and shower area shall be easily cleanable. (N) 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, table showers and waterbeds are not permitted on the business premises. (0) 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. -21- (P) (Q) (Q) 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: THIS MASSAGE ESTABLISHMENT AND THE MASSAGE ROOMS DO NOT PROVIDE COMPLETE PRIVACY AND ARE SUBJECT TO INSPECTION BY THE ARCADIA POLICE DEPARTMENT WITHOUT PRIOR NOTICE. Wall/Window Requirements. The City may not require a massage therapy business to have windows or walls that do not extend from the floor to ceiling, or have other internal physical structures, including windows, that interfere with a client's reasonable expectation of privacy. Roster of Employees. The business owner and/or operator shall maintain aregister 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 their termination. The business owner and /or operator shall make the register of massage therapists and employees available immediately for inspection by the City regulatory officials upon demand at all reasonable times. Records of Treatment. The business owner and/or operator 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 massage. These records 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 -22- 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. (R) Living and food prohibited. No person or persons shall be allowed to live inside the massage therapy business at any time. All living quarters shall be separate from the massage therapy business. No food of any kind shall be prepared for sale or sold in the business premises. (S) Preemption. In the event the terms and conditions of any current, valid Massage Certificate, or any applicable regulation adopted by a state agency, conflict with or supersede the requirements of this section, a massage therapist or massage therapy business shall not be subject to the requirements of this section to the extent of any such conflict or inconsistency. 6418.21. - SUSPENSION AND REVOCATION OF MASSACE THERAPIST [RESER VED] Business License for any one (1) 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 business records or any premises utilized by the licensee for massage therapy services; -23- (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 business days prior to the effective date of suspension or revocation. The license and /or card shall be delivers notice of suspension or revocation. 6418.22. [RESER VED] 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. 6418.23. APPEALS [RESERVED] file an appeal to the Business Permit and License Review Board. thereafter as possible, a hearing shall be conducted by the Board. Any Board member who has any financial interest in the outcome of the hearing or is unable to make a fair, impartial and unbiased determination shall not participate in either the hearing or in any determination or recommendation after the hearing. Prior to the hearing, City staff may, in their sole and absolute discretion, request the presence of an attorney from the City Attorney's office at the hearing, if one is not already scheduled to appear, or his /her designee, in order to present evidence on behalf of the City. During the hearing, bearing upon the issues and may be represented by counsel. The Board shall not be bound by the involved. Any hearing under this Section may be continued for a reasonable time for the convenience of a party or witness at the request of the permit applicant or permit holder, or any other party. Extensions of time or continuances sought by a permit applicant or permit holder shall not be considered a delay on the part of the City and shall not be deemed to constitute failure by the City to -24- At the conclusion of the hearing, but no later than ten (10) days thereafter, the Board shall, by a majority vote of the members present at the hearing, order that the license be denied or approved, or approved contingent upon the applicant performing some remedial action such as, but not limited to, paying a fine or penalty. City Department Head or any other business or resident of the City may appeal the decision by filing an appeal with the Board. Immediately upon receipt of such appeal, the Board shall transmit to the City Council the final decision and all findings for placement on the agenda at the first regularly scheduled Council meeting subsequent to the filing of the appeal, or as soon thereafter as possible. The City Council shall consider the findings and recommendations of the Board and may adopt them in total, hold a de novo hearing, or the City Council may amend, modify or reject the recommended decision of the Board. In addition, the City Council may send the findings and recommendations back to the Board with instructions to rehear any relevant matter not previously heard and then resubmit additional amended or modified findings to the City Council. The City Council may deny or approve the license, or impose such other or further reasonable terms, conditions or restrictions on the terms, conditions or restrictions theretofore placed on said license as the City Council finds reasonable or necessary to ensure that the business enterprise, occupation or activity will not be contrary to or inimical to or jeopardize the preservation of the public peace, safety or welfare of the City or its inhabitants, or be detrimental to other properties or businesses in its vicinity. The decision of the City Council shall be final. 6418.24. REAPPLICATION AFTER REVOCATION [RESERVED] 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 or other such time as the Board or City Council deems prudent. 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. -25- 6418.25. - EXEMPTIONS. The provisions of this Division, with the exception of those provisions relating to massage therapy business ownership, 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; (C) Athletic trainers certified by the State of California performing training services for professionals, amateur or school athletic events or practices; and (D) Duly licensed businesses and government agencies only with respect to on -site massage therapy services which are offered and provided at the expense of the business or government agency, or at the expense of their employees, exclusively to their respective employees, and not to the general public, solely as a benefit of employment. Massage therapy provided hereunder must be provided by a person who (1) is a massage therapist, as defined in this Division, who maintains either a valid Massage Certificate or valid Massage Therapist Identification Card, or (2) qualifies for an exemption pursuant to Subsections (A), (B) or (C) of this Section." SECTION 3: Section 9220.15.1 of Part 2 of Chapter 2 of Article IX (Definitions) is hereby amended to read as follows: "9220.15.1. - BUSINESS, PERSONAL SERVICE. Personal Service Business shall mean a business providing non - medical personal, health, beauty, or grooming services to its individual customers as a primary use and includesifig, but is not limited to, day spas, hair salons, nail salons, beauty parlors, health spas, massage, tanning salons and tattooing parlors. Table showers and similar equipment are prohibited at any Personal Service Business." -26- SECTION 4: Subsection (25) is hereby added to Section 9260.1.6 of Title 1 of Division 0 of Part 6 of Chapter 2 of Article IX (CPD -1 Zone — Permitted Uses) and shall read as follows: "DIVISION 0. — CPD (COMMERCIAL PLANNED DEVELOPMENT -1) "9260.1.6. LIMITED RETAIL USES. Retail establishments for the following uses: (1) Antique Stores selling only merchandise which is more than one hundred (100) years old. (2) Bakeries, Ice Cream Stores or Confectionary Stores not employing more than five (5) persons at any one time of day. (24) Any other uses deemed by the City Council to be compatible with the purposes of this Title. (25) Personal Service Businesses, except those that provide massage, tanning and/or tattooing." SECTION 5: Subsection (1) of Section 9260.1.11 of Title 1 of Division 0 of Part 6 of Chapter 2 of Article IX (CPD -1 Zone — Incidental Hotel Uses) is hereby amended to read as follows: 'DIVISION 0. — CPD (COMMERCIAL PLANNED DEVELOPMENT -1) "9260.1.11. INCIDENTAL HOTEL USES. -27- The following uses are permitted in conjunction with and incidental to a hotel facility: (1) Personal Service Businesses, except those that provide massage, tanning and/or tattooing. (2) Clothes Cleaning or pressing Establishments, utilizing not more than two (2) pressers. (3) Any other ancillary use deemed by the City Council to be compatible with and incidental to a hotel facility." SECTION 6: Subsection (18) is hereby added to Section 9260.1.12 of Title 1 of Division 0 of Part 6 of Chapter 2 of Article IX (CPD -1 Zone - Conditional Uses) and shall read as follows: 'DIVISION 0. — CPD (COMMERCIAL PLANNED DEVELOPMENT -1) "9260.1.12. USES SUBJECT TO CONDITIONAL USE PERMIT. The following uses may be permitted provided that a conditional use permit is obtained therefor in accordance with the procedures set forth in Section 9275.2 of this Chapter: (1) Communications Equipment Buildings. (2) Drive -in Facilities for Financial Institutions. (17) Tutoring Centers and Educational Centers (18) Personal Service Businesses that provide massage, tanning and/or tattooing." SECTION 7: Section 9262.1 of Title 2 of Division 2 of Part 6 of Chapter 2 of Article IX (C -1 Zone — Uses Permitted) is hereby amended to read as follows: "9262.1. - USES PERMITTED. No building or land shall be used and no building shall be hereafter erected, constructed or established, except for the uses specified in the following subsections. EXCEPTIONS: A conditional use permit (CUP) shall be required for every business selling alcoholic beverages for off - premise consumption. A CUP shall be required for every business selling goods and products to the public on a walk -in basis which is open more than sixteen (16) hours per day or which is open to the public any time between midnight (12:00 a.m.) and 6:00 a.m., and located less than one hundred fifty (150) feet from residentially zoned property. A CUP shall also be required for any Personal Service Business that provides massage, tanning and/or tattooing in this Zone." SECTION 8: Section 9262.1.35 is hereby added to Title 2 of Division 2 of Part 6 of Chapter 2 of Article IX (C -1 Zone — Uses Permitted) and shall read as follows: "9262.1.35. - SAME. Personal Service Businesses, except those that provide massage, tanning and/or tattooing." SECTION 9: Section 9263.1.2 of Title 2 of Division 3 of Part 6 of Chapter 2 of Article IX (C -2 Zone — Uses Permitted) is hereby amended to read as follows: "9263.1.2. - SAME. RETAIL STORES. -29- Retail stores or businesses not involving any kind of manufacture, processing or treatment of products other than that which is clearly incidental to the retail business conducted on the premises and provided that not more than five (5) persons are employed, and not more than fifty percent (50 %) of the floor areas of the building is used in the manufacture, processing or treatment of products, and that such operations or products are not objectionable due to noise, odor, dust, smoke, vibration or other similar causes, and provided also that unless otherwise permitted all such manufacturing, processing or treatment of products shall be conducted inside of buildings. EXCEPTIONS: A conditional use permit (CUP) shall be required for every business selling alcoholic beverages for off - premise consumption. A CUP shall be required for every business selling goods and products to the public on a walk -in basis which is open more than sixteen (16) hours per day or which is open to the public any time between midnight (12:00 a.m.) and 6:00 a.m., and located less than one hundred fifty (150) feet from residentially zoned property. A CUP shall also be required for any Personal Service Business that provides massage, tanning and/or tattooing in this Zone." SECTION 10: Subsection (15) is hereby added to Section 9264.2.5 of Title 2 of Division 4 of Part 6 of Chapter 2 of Article IX (CBD Zone — Permitted Uses) and shall read as follows: "DIVISION 4. — CBD CENTRAL BUSINESS DISTRICT ZONE "9264.2.5. CONSUMER SERVICES. Establishments primarily engaged in rendering services shall be allowed in the CBD zone as follows: (1) Dry cleaning shop; (2) Equipment rental and leasing. -30- (14) Any other use deemed by the Planning Commission to be considered "consumer services " -; (15) Personal Service Businesses, except those that provide massage, tanning and/or tattooing. Businesses that provide these services may be permitted with a conditional use permit." SECTION 11: Subsection (16) of Section 9264.2.9 of Title 2 of Division 4 of Part 6 of Chapter 2 of Article IX (CBD Zone - Conditional Uses) is hereby amended to read as follows: "DIVISION 4. — CBD CENTRAL BUSINESS DISTRICT ZONE "9264.2.9. USES SUBJECT TO A CONDITIONAL USE PERMIT. The following uses may be permitted provided that a conditional use permit is obtained in accordance with the procedures set forth in Section 9275.2 of this Chapter: (1) Any use over ten thousand (10,000) square feet gross floor area; (2) Alcoholic beverage sales for off - premises consumption. (16) Personal Service Businesses that provide massage, tanning and/or tattooing." SECTION 12: The table in Section 9265.1 of Title 1 of Division 5 of Part 6 of Chapter 2 of Article IX (C -M Zone - Conditional Uses) is hereby amended to include the following which shall read as follows: "DIVISION 5. — C -M COMMERCIAL - MANUFACTURING ZONE "9265.1 USES PERMITTED. No building or land shall be used and no building shall be hereafter erected, constructed or established, except for the uses specified in the following subsections. EXCEPTIONS: A conditional use permit (CUP) shall be required for every business selling alcoholic beverages for off - premise consumption. A CUP shall be required for every business selling goods and products to the public on a walk -in basis which is open more than sixteen (16) hours per day or which is open to the public any time between midnight (12:00 a.m.) and 6:00 a.m., and located less than one hundred fifty (150) feet from residentially zoned property. A CUP shall also be required for any Personal Service Business that provides massage, tanning and/or tattooing in this Zone. P- Permitted C- Conditional Use Permit N — Not Allowed Alternative fuels and recharging facilities P Personal Services Businesses that do not provide massage, tanning and/or tattooing. GP Personal Service Businesses that provide massage, tanning and/or tattooing. C -32- Recycling Facilities C SECTION 13: The table in Section 9267.10 of Division 7 of Part 6 of Chapter 2 of Article IX (DMU Zone — Non - Residential Uses) is hereby amended to include the following which shall read as follows: "DIVISION 7. — DOWNTOWN MIXED USE (DMU) ZONE "9267.10 NON - RESIDENTIAL USES Downtown mixed use requires the inclusion of a ground -floor, street frontage commercial component for all projects. No building or land shall be used and no building shall be hereafter erected, constructed or established, except for the following uses and in compliance with the regulations of this Division: P- Permitted C- Conditional Use Permit N — Not Allowed Alternative fuels and recharging facilities as an accessory use P Personal Services Businesses that do not provide massage, tanning and/or tattooing. GP Personal Service Businesses that provide massage, tanning and/or tattooing. C SECTION 14: The table in Section 9268.10 of Division 8 of Part 6 of Chapter 2 of Article IX (MU Zone — Non - Residential Uses) is hereby amended to include the following which shall read as follows: -33- "DIVISION 8. — MIXED USE (MU) ZONE "9268.10 NON - RESIDENTIAL USES Downtown mixed use requires the inclusion of a ground -floor, street frontage commercial component for all projects. No building or land shall be used and no building shall be hereafter erected, constructed or established, except for the following uses and in compliance with the regulations of this Division: P- Permitted C- Conditional Use Permit N — Not Allowed Alternative fuels and recharging facilities as an accessory use P Personal Services Businesses that do not provide massage, tanning and/or tattooing. GP Personal Service Businesses that provide massage, tanning and/or tattooing. C SECTION 15: Section 9275.1.53.2.1 of Title 1 of Division 5 of Part 7 of Chapter 2 of Article IX (Conditional Uses Permitted in Any Zone — Personal Service Business) is hereby repealed in its entirety. SECTION 16: Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or any part thereof is for any reason held to unconstitutional, such decision shall not affect the validity of the remaining portion of this ordinance or any part thereof. The City Council of the City of Arcadia hereby declares that it would have -34- passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrases be declared unconstitutional. SECTION 17. Effective Date. This ordinance shall become effective upon the thirty-first (31st) day following its adoption by a majority vote of the City Council. SECTION 18: The Mayor shall sign this ordinance and the City Clerk shall attest thereto and shall within fifteen (15) days of its adoption cause it, or a summary of it, to be published in the , a newspaper published and circulated in the City of , and thereupon and thereafter this ordinance shall take effect and be in force according to law. PASSED, APPROVED, AND ADOPTED this day of , 2015. ATTEST: City Clerk APPROVED AS TO FORM: City Attorney -35- Mayor CERTIFICATION 1, Lisa M ussenden, City Clerk of the Ci ty of Arcadia, California, do hereby certify that the foregoi ng Ordi nance was regularly introduced at a regular meeting of the Ci ty Council of the Ci ty of Arcadia, California, duly held the day of , 2015, and thereafter at a regular meeting held on the day of , 2015, it was duly passed and adopted by the fol l owi ng vote of the Counci 1: AYES: NOES: ABSENT: ABSTAI NED: N WI T N ESS W H E REO F, I have hereunto set my hand and affixed the official seal of the City of Arcadia, California, this day of , 2015. Lisa Mussenden, City Clerk Attachment No. 4 Preliminary Exemption Assessment Attachment No. 4 PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination When Attached to Notice of Exemption) 1. Name or description of project: Text Amendment No. TA 15 -01 —A Text Amendment to amend the regulations on personal service businesses. 2. Project Location — Identify street address and cross streets or attach a map showing project site (preferably a USGS 15' or 7 1/2' topographical map identified by quadrangle name): Citywide 3. Entity or person undertaking project: A. City of Arcadia — Development Services Dept. 240 W. Huntington Drive Arcadia, CA 91007 B. Other (Private) (1) Name (2) Address 4. Staff Determination: The Lead Agency's Staff, having undertaken and completed a preliminary review of this project in accordance with the Lead Agency's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" has concluded that this project does not require further environmental assessment because: a. ❑ The proposed action does not constitute a project under CEQA. b. ❑ The project is a Ministerial Project. c. ❑ The project is an Emergency Project. d. ❑ The project constitutes a feasibility or planning study. e. ❑ The project is categorically exempt. Applicable Exemption Class: f. ❑ The project is statutorily exempt. Applicable Exemption: g. ® The project is otherwise i CEQA Guideline Section No. 15061(b)(3) — the exempt on the following basis: project does not have a potential to cause a significant effect on the environment. h. ❑ The project involves another public agency which constitutes the Lead Agency. Name of Lead Agency: Date: February 26, 2015 FORM "A" Preliminary Exemption Assessment Staff: Thomas Li, Associate Planner