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HomeMy WebLinkAboutItem 1c - Ordinance No. 2326 Updating the City's Massage Therapist and Business Regulations'Y G,,,LIFO .vrNy� .lun uai 5.19 U: STAFF REPORT Development Services Department DATE: April 21, 2015 TO: Honorable Mayor and City Council FROM: Jason Kruckeberg, Assistant City Manager /Development Services Director By: Jim Kasama, Community Development Administrator Prepared By: Thomas Li, Associate Planner SUBJECT: ORDINANCE NO. 2326 AMENDING PORTIONS OF DIVISION 1, PART 1, CHAPTER 2 OF ARTICLE VI; PORTIONS OF DIVISION 8, PART 1, CHAPTER 4 OF ARTICLE VI, AND PORTIONS OF PART 2, 6 AND 7, CHAPTER 2 OF ARTICLE IX OF THE ARCADIA MUNICIPAL CODE IN ORDER TO UPDATE THE CITY'S MASSAGE THERAPIST AND BUSINESS REGULATIONS Recommendation: Find that Ordinance No. 2326 is exempt from the requirements of the California Environmental Quality Act (CEQA); and adopt the Ordinance SUMMARY At its meeting on April 7, 2015, on a 5 -0 vote, the City Council introduced Ordinance No. 2326 amending the Arcadia Municipal Code to revise the massage and personal service businesses regulations. The proposed Ordinance included the removal of provisions that prohibit discrimination at these establishments. The City Council directed that this provision remain in the Ordinance, and the attached Ordinance No. 2326 has been updated to reflect that change. The reason that this language had been stricken originally was simply because these discrimination requirements are already covered under State and Federal law. Nevertheless, leaving the language in the Ordinance is recommended. The April 7, 2015, City Council staff report is also attached. RECOMMENDATION It is recommended that the City Council find that Ordinance No. 2326 is exempt from the requirements of the California Environmental Quality Act (CEQA); and adopt Ordinance No. 2326 amending portions of Division 1, Part 1, Chapter 2 of Article VI; portions of Division 8, Part 1, Chapter 4 of Article VI; and portions of Part 2, 6 and 71 Chapter 2 of Article IX of the Arcadia Municipal Code in order to update the City's Massage Therapist and Business Regulations. Adoption of Ordinance No. 2326 regarding Massage and Personal Service Businesses April 7, 2015 Page 2 of 2 Approved: Dominic Lazza City Manager Attachments: Ordinance No. 2326 April 7, 2015 City Council Staff Report ORDINANCE NO. 2326 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA AMENDING PORTIONS OF DIVISION 1, PART 1, CHAPTER 2 OF ARTICLE VI; PORTIONS OF DIVISION 8, PART 1, CHAPTER 4 OF ARTICLE VI; AND PORTIONS OF PARTS 2, 6 AND 7, 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, CALIFORNIA, DOES ORDAIN AS FOLLOWS: [Deleted text is highlighted in stFikethFeugh 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 a4so does not apply to massage therapy businesses; and shall be read in conjunction with those regulations . age therapy 1 busones 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. — PERMISSI i ZONING AND BUILDING LAWS APPLICABLE TO MASSAGE THERAPY BUSINESS ACTIVITIES — CONDITIONAL USE PERMIT REQUIRED. 6498.4. - 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 — fRESERVEDJ. 6418.8. - HOURS OF OPERATION. 6 6418.9. - BUSINESS OWNER /OPERATOR RESPONSIBILITY. MASSAGE GE TIFWATC [RESERVED] 6418.11. - PROCESSING THE APPLIGATI [RESERVED] 6418 12 _ ISSUANCE IDENTIFICATION CARD [RESERVED] [RESERVED] [RESERVED] 6418.15. - RENEWAL OF MASSAGE THERAPY BUSINESS LICENSE. 6418.16. - TRANSFER OF LICE [RESERVED] 6418.17. - CHANGE OF INFORMATION. 6418.18. - CESSATION OF MASSAGE THERAPY SERVICES. 6418.19. - PROHIBITED ACTIVITIES. 6418.20. - OPERATIONS. C��F�JI +��]■3 ■ ■!!] \�il� ■fii�1L�7���* l a . ■ i � � a � * �. a ■ ■ [RESERVED] m 6418.23. — APPEALS [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 59034 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 Co moil also finds that those sections 4612 of the Business and °refessiORS (;E) do 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 l+eensing 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 F11 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 90.5 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. 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. I ,11.35M11491►IIII[a]`61 "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. 5 "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 oaf issued by the City of Arcadia after receiving a certified copy of a massage mist's mMassage sCertificate 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. 910"M disorderly heuse; ■ - e- - ••- w a w a���t a•i•�.�R �-a�a. a.�w ■ l -- -- � \ a.1 i s- a� \-• -a \ �—i -w [:1 9 of any GentF011ed sub6tanoe; "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 0 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 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 eSections 460 {a) et sefc . of the Business and Professions Code (Chapter 10.5 commencing with Seetion 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 eithe a Massage Certificate or °a Massage Thr Fapist l. eptifiGation G„r,- and massage establishments or businesses that employ or use only persons that have ether a Massage Certificate or a Massage therapist identifiGatieR to provide massage services. "Massage Therapist Identification Card" shall mean a certain card issued by the City of Arcadia, pursuant to Municipal Code provisions no longer in effect, which allows the holder of the card to practice massage in the City. E "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. W �J-T ...7L - + - .. - -fty - - -- salons and tattee rr T..T.. . ....... . w • . • I . w I - • J1. 9 "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. PERMISSI ZONING AND BUILDING LAWS APPLICABLE TO MASSAGE THERAPY BUSINESS ACTIVITIES — CONDITIONAL USE PERMIT REQUIRED. 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 10 massage operations are r�.-,ndUGte d within., structure is located in a zone where such use IIIUVVUyV operations IJ U14.r 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 9275.9). 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 IDENTIFICATION REQUIRED TO CONDUCT MASSAGE THERAPY IN THE CITY. On or after January 9, 2016, it shall be unlawful for any person to engage in massage therapy within the City (whether having a fixed or mobile place ofbusiness within the City (e.g.: "out - call'; "in- home" or "in- office" services)), without having ei+� a valid Massage Therapist Identifioation Card oF a valid Massage Certificate. To ensure compliance with this Code section l.+,e,t0foGaten GaFd or _a._ns sage Gertifieate all massage therapists must file a certified copy of either their Massage Certificate with the City of Arcadia Development Services Department - Business License Division. After successfully filing his or her eitheF theiF Massage Therapist IdenfificatieR Carte, e Massage Certificate, a4 massage therapists will be issued a City of Arcadia Massage Verification Card. The City shall charge no fee for review of Massage Certificate or issuance of a Massage Verification Card 11 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, 2096. 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 6296.7 of this Code (Suspension /Revocation of Business Licenses). 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: 12 addFess and all telephone numbeFs associated with said IOGatmen. if t4e business wall be operated by an individual who OS ROt the owner, the awnef shall provide a letter of verifioation, signed and dated, indiGating the intent to employ the epeFa The information required from all business license applicants, pursuant to Sections 6211— 6211.5 of this Code. - - - - w - PP (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, (D) Applicant's valid Massage Certificate or valid City of Arcadia Massage Verification Card , if applicant plans to practice massage therapy, and 13 (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. A - e -- All applicants shall pay a nonrefundable business licenser 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. 14 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. WithiR teR (10) days of the date of the notice of den W, the appliGant may file an appeal to the Business Permit and LAGeRSe Review Board. Each appeal of a deRial of-a lk;eRSe 6h_all be aGGmm�aniorf hip the payment .,f Five Hundred Feet 1 dollars ($640 nn) +rte i�v..,.� �..... 6h all �...� �.........� � ��...'.� iv.,.. .,. �r the payment i i�.a n v� Five vv Hundred iu� vu -e , Geyer the E;est of the hearing and anneal A Massage Business License maybe 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 Gf aR appeal, and witNn thiFty (30) days of the date of such appea� eF as soon thereafteF as possible, a hearing shall be GGRdueted by the Board. Any Bear-d 15 + 4 • + i w P-r + w Mr- In 15 M. i[ Ttalflfl - . - - - - - • : - - _ - e 6498.8. 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 17 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 change in hours, of which the City has received any prior notification, 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 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 e a valid Massage Therapist IdentifiGatien 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 owner shall employ any person who has not shown them either their valid Massage Therapist Identifi motion Card OF vakd Massage Certificate and City of Arcadia Massage Verification Card. M 1:7�yM. ' - -_- - - - - zvp-TX;FLRI ME __�___�___� �_ _ ___— �_ �� j��1lTi�Jt ll _.:.Ai tom. %\ til.11A� ■rla: a�.a�a.. a.:.��.ia��.a,a�:.�a:• – – – : – – �fla�luf'!'rsa= �:w:1"rT,taei. - _ , • i Se (6) a security ni imhor w J vv il , SWAIM" - aSal t....�..Tl+ ►�l�s....��i�a.�i �Iil 1117111::. 19 y roMVnr fnr the denial, evocation nr cl �c+nancir�n 1 _ . a ww r s Inh nOnviGtiOn true and oerrent � -tea oiv ui:o��c.a+i �ua�i�a�a.ua. ern wr ■ 20 SM. _ ■ Rr 4■ 5�����lal ■ \��.�R J: J'��l tall ila: J!IIIR!I�a��J<.l1!Jl Jlal!a I��l�].1lalR!.11.7t�1 ��.11.1�.1�1..fal�I��_1�1�1 innf'n G ien frem n reGGgnize d nnhrlel of massage; e aiRii��Tiu.aaiJia���ail�a��a.� .�1ar.,r ping"I.1.10 r i"I�1.7�C71�:1� /�i31 �f11� \Y l!a+S.J!l�l�>l��l�l..t I[.l�l�l�Jila,al .aal�l�a�t.li�t.f it I11R!lal J�l�J tll_l�la�l.]�'�'I,ali,�l��..�.J .J1lR.fal ICI : f{ irt�Etii: r_. i�i� *:tc�s�rrs� \r_�:�i- r.:r_�:�� �a�.aw.JUUaa�l:ra�wa arrs�l aa.l'ru..�ar.IURay1 aa.a.fio ■\.fuw �l!nilisuaoi:l.�i aliil _�iail�s.ari.lR�ulna!�J� +: S 21 , M- 6418.12. !SS i NCE OF IDENTIFICATION CARD. [RESERVED] [RESERVED] 22 Ali n� �aaa ice: �_ lain_.�.�ia�o�•i•..ai.ei���ia�i �s'ia.. ova' aR�: acia= a. ia�a►% a.. aa:'a0.�.:.�a�.0.0...�.�...:.:w rd health, safety or welfare _sa ; M C w 1� �'l�l a\ Ri���1aR�l ![�1��!f'i..�waR�l�[�J a� \�YII�I.!.•Yl J�a�'YYYI�II�'IiYa�'a�.�..a. �'a JL ll. ll�' [RESERVED] 23 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 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.'116. TRANSFER nC 1 ICE —SE. [RESERVED] 6418.17. CHANGE OF INFORMATION. If, during the term of a Massage TheFapist IdentifiGation Card er 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 °readia Police Department and +ho Business License Officer of such change in writing within ten (1 d) business days thereafter. 24 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. (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. 25 (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. (E) 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 paFapheFna 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 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, a benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery-operated vaginas, and similarly sexually oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sadomasochistic activity. (J) 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 eitheF cne Massage rhempis#Id canon Card required by t Divicinn ar 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 27 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 setforth in section 4609(a )(10) of the Business and Professions Code. Clothing aS... al. al_ Jt: 11.. 1.[..._. .rltt�1...._....._a••.•._..._W lll\1J \�1!IIL JAI \�liltl.11:t l�[!Il��f l�l•Il J.fI �J I_ll iR �'1�J.1Ya�a�. �-if_a�l�lllll�l[_l�. l�l �J l_J (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, anal4s and female chest 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. M (G) Advertising. No massage therapist operating under this Division shall place, publish or distribute, or cause to be placed, published or distributed, any advertising matter that depicts nudity or semi - nudity or employs language in the text of such advertising that would reasonably suggest to a prospective patron that any other services are available other than those services authorized by this Division. (H) Discrimination. No massage therapist may discriminate or exclude patrons on the basis of their race, sex, religion, age, handicap or any other classification protected under federal or state laws, rules or regulations. (1) 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 Department and the Los Angeles County Health Department for the purpose of determining that the provisions of this Division or other applicable laws or regulations are met. (J) Lighting. The lighting in each massage room shall be at least one (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 colored lights shall be used nor shall any coverings be used which change the color of the primary light source. PQ (K) Ventilation. Ventilation shall be provided in accordance with the applicable provisions of the building and construction codes adopted by the City of Arcadia. (L) Building Permits. All building, plumbing and electrical installations shall be installed under permit and inspected by the Development Services Department. Such installations shall be installed in accordance with the applicable provisions of the building and construction codes adopted by the City of Arcadia. (M) 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. (N) 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. 0111 (4) 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. (P) 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. PRIOR NOTICE Wa1111WindowRequirements. 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 31 structures, including windows, that interfere with a client's reasonable expectation of privacy. (R) Roster of Employees. The business owner and/or operator shall maintain a register of all massage therapists and employees, showing the name, nicknames and aliases used by the massage therapist or employee, home address, age, birth date, gender, height, weight, color of hair and eyes, phone numbers, social security number, date of employment and termination, if any, and duties of each employee. The above information concerning each massage therapist and employee shall be maintained at the premises of the business for a period of two (2) years following 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. - - - - -- - - -- - - -- - - -- .11 WKIR - iasissii�_isu �i�ii�c i�ur�- i-- �ii�ii►. aiui�e:a s:. oi- a. c.aR.wr.ar:nr.c.�- a�- ....:.�:.a li a i �. awl ar- 'a•.�f �ar'r -�-. �r1r �, 32 GaFnpltitance with this Division, nr anv other applicable State C d I laws, informatiOR by any effieer or ern ee of the City shall nnnniit tte rr misderrme aReF (T) 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. (U) 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 notbe subject to the requirements of this section to the extent of any such conflict or inconsistency. 33 . i �_ t y ■ � a � � i 1 y 1 _ y. IDENTIFICATION CARD AND BUSINESS LICEN [RESERVED] ■ riml� s�......::..... . :�.�Z....... '..Z,_�._�.e.�.�.e. _.__ . , 34 eleveRth (11 th) business day after the Gity mails OF otherwise deliver-s nofice of suspensioR 6418.22. RETURN OF LICENSE CERTIFICATE AND - '.BENTTIFI ATr . [RESERVED] Authority no later than the end of the third (3rd) business day after the effeGtive date ef susponciOR or rovocatie-.n 6418.23. n °moo [RESERVED] Within ten (10) rays of the date lfr -Fit, notice u6penn revoc ti , ih applioant may file an appeal to the Business Permit and License Review Boafd-. Upon the fiNng Of aR appeal, and within thirty (30) days of the date of such appeal-, 35 ■ . ■ • . any detemn.ination or - he ■ heariRg, may, On their sole and absolute diSGFetion, request theffesence City staff J- w - - of an attE)FneyfFE) FH the - - - w r-vmmm r - wr.1 M- - - 11-110 - - - ■ a w• It 35 vi e 'dence fFOrn any involved. ARY hearing this Section party reasonable tome for the GGRve under i---- of a 4- ... itness may be GE)ntmnued for-a the appkGant OF PeFFMit hG'deF, IkXAT-�ll Rat IBM. or any other Extensions at request of the perni# tome a appliGaRt or + party. of holder shaf! not be OF contiRuanGes sought-by delay permit and shall not be deemed permit to considered oonstitute failure by the City to a on the part of the Gity At the condusion of provide the heaFiRg, but later than for prompt deGisions Go ten Board shall, by a rnajE)Fity no vote of the (10) days thereafter, the the 14E;ense be denied or approved,-^r members present --- at heaFiRg, Order that thee r Within ten (10) days of Fec;eipt of any fiRal decision by the Board, either the holder-of + w 11121cm. z .1 + + = NJ. r r IkXAT-�ll Rat IBM. r + + + r + r = r + + = r uml+ ■ r ww . r K ' may deny or approve the r , peace, e-enditmens or restFmc;t4ons on the terms, G9Rditions OF FeStFiGtions theretofore plaGed on said liGense as the City Council finds reasonable OF necesr,--Fy to ensure that the business enterprise-, occupation or aotivity will not be oontrary to eF iniFnioal to E)F jeopardize the ffesewatien of the publie or its inhabitants, eF be detrimental to otheF properties eF businesses in AS ViGiRity. The deGision of the City Couno shall ho fino� ..murr�c�rnur. 6418.24. REAPPLICATION AFTER REVOCATION [RESERVED] AR applicant foF either a license or an identifieation GaFd undeF this Division whose lioense or identifFeatmon Gard has been revoked rpay not reapply fGF such lieense eF idenfifioat'on eard for a peFiod of five (5) years from the date of revoeation OF otheF sUE;h tome as the BoaFd or City Council deerns prudent. However, the appiieant Fnay reapply PFioF to five (5) years if the applioant provides clear and oonvincing evideRoe that the gFOund GF grounds for r- evocation no longer exist. 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 underthe direct supervision of, a State licensed physician, surgeon, chiropractor or osteopath, 37 (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 e+the a valid Massage Certificate e+ 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 pr. mary use and includes+rg, but is not limited to, day spas, hair salons, nail salons, beauty parlors, health 001 spas, massage, tanning salons and tattooing pa-rieFs. Table showers and similar equipment are prohibited at any Personal Service Business." 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, lee 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: 39 "DIVISION 0. — CPD (COMMERCIAL PLANNED DEVELOPMENT -1) "9260.1.11. INCIDENTAL HOTEL USES. 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. 40 (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 & 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." 41 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. 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 (Cl3D Zone — Permitted Uses) and shall read as follows: I: • "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. (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; 43 (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 forevery 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. SP Personal Service Businesses that provide massage, tanning and /or tattooing. C 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: 45 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. OP 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: "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 notprovide 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 passed each section, subsection, subdivision, paragraph, sentence, clause !fl or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional. SECTION 17. Effective Date. This Ordinance shall become effective upon the thirty -first (31 st) day following its adoption by a majority vote of the City Council. SECTION 1 S. The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of same to be published at least once in the official newspaper of said City within fifteen (15) days after its adoption. Passed, approved and adopted this day of 2015. ATTEST: City Clerk APPROVED AS TO FORM: 9 �- __ P,, 1 Stepp n P. Deitsch City Attorney Mayor 'Y G,,,LIFO .vrNy� .lun uai 5.19 U: STAFF REPORT Development Services Department DATE: April 7, 2015 TO: Honorable Mayor and City Council FROM: Jason Kruckeberg, Assistant City Manager /Development Services Director By: Jim Kasama, Community Development Administrator Prepared By: Thomas Li, Associate Planner SUBJECT: ORDINANCE NO. 2326 AMENDING CHAPTERS 2 AND 4 OF ARTICLE VI AND CHAPTER 2 OF ARTICLE IX OF THE ARCADIA MUNICIPAL CODE RELATING TO THE CITY'S MASSAGE AND PERSONAL SERVICE BUSINESS REGULATIONS Recommendation: Introduce 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 of the proposed ordinance shows deleted text in strikethroughs (strikethroughs) and added text in bold italics. It is recommended that the City Council introduce Ordinance No. 2326 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. 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 doctors and dentists. This effectively eliminated local regulation of massage therapists. AB 1147 restores most local agencies' abilities to regulate massage therapists. Massage and Personal Service Businesses Ordinance April 7, 2015 Page 2 of 5 On July 6, 2010, the City Council adopted Ordinance No. 2275 (attached) 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 massage therapist certification 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 accept CAMTC- issued certifications, and stipulated that CAMTC - certified massage therapists 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. City Staff worked cooperatively with the League of California Cities throughout the development of AB 1147, by providing suggested text, letters of support, and attendance at key meetings. This Bill substantially restores the ability of local agencies to regulate massage businesses separately from other occupations. The Bill does set forth certain regulations -- for instance, cities must allow privacy for massage rooms and sole - practitioners to lock their doors -- and it establishes 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 attached. Massage and Personal Service Businesses Ordinance April 7, 2015 Page 3 of 5 The proposed ordinance requires 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. The attached, legislative draft version of the proposed ordinance shows deleted text in strikethroughs (strikethro gh-s) and added text in bold italics. Conditional Use Permit Requirement The current 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. Personal service businesses will be divided into two categories — those that provide massage, tanning, and /or tattooing, and those that do not provide these services. Any personal service business that provides massage, tanning, and /or tattooing will be required to obtain a CUP, regardless of the frequency or volume of these services. The zones in which a CUP may be obtained for a personal service business will not change, and personal services businesses that do not provide massage, tanning, and /or tattooing will be allowed by -right in these zones. The parking requirement for either category will remain unchanged at five (5) spaces per 1,000 square feet of gross floor area. Certification and Business License Requirements The current Code allows a massage therapist to select either the CAMTC certification, and /or the City's certification process. Approximately 90% of the massage therapists working in the City have obtained CAMTC- certification, which is recognized throughout the State, and is valid for a period of two years. About 10% of the massage therapists working in the City operate with City- issued certifications, which must be renewed every year and are applicable only within the City limits. The proposed ordinance will eliminate the City- certification option and require massage therapists to be CAMTC- certified. As a result, the certification and licensing process for all massage therapists will be standardized, and the City will no longer administer a certification process. CAMTC- certified massage therapists are required to obtain a business license to work in the City. Operating Regulations Certain operation standards are being revised to be consistent with AB 1147, such as the ability to provide fully - enclosed rooms for privacy, the ability of a sole - practitioner to lock exterior doors, and a standard dress code. Under AB 1147, cities are precluded Massage and Personal Service Businesses Ordinance April 7, 2015 Page 4 of 5 from requiring that massage rooms have windows, or that walls do not extend from the floor to ceiling. Other changes make table showers a prohibited use, and require that rooms be properly illuminated. The proposed hours of operation are to remain consistent with the current provision of 7:00 a.m. to 9:00 p.m. Exemptions The massage regulations do not apply to the following: State - licensed medical uses, such as physical therapists and chiropractors; State - Licensed barbers, beauticians, manicurists, and pedicurists that are allowed to massage the scalp, face, neck, arms, hands, or feet, respectively, of the client; State - certified athletic trainers; and for massage therapy offered to employees as a benefit of employment at duly - licensed businesses where the service is not available to the general public. Planning Commission Review and Recommendation At its regular meeting on March 10, 2015, the Planning Commission reviewed the proposed changes and voted 5 -0 to recommend approval to the City Council. The Commission included in the motion a suggestion that the wording of the regulations regarding window coverings (Section 6418.20.(P) — page 22 of the legislative draft) be clarified. This regulation is mandated by AB 1147 and allows massage therapy businesses to have fully - enclosed, private rooms. The City Attorney has reviewed this regulation and the revised wording is included in the proposed ordinance. The Commission also suggested that the City Council consider retaining the local - certification process so that there is an alternative to the CAMTC- certification. There are currently 13 massage therapists with City- issued certifications that are being renewed annually, but three of them are currently not active. A new City certification has not been issued since 2012 when cities were required to accept CAMTC certifications. Maintaining the City's certification process is not cost - effective. The cost of providing the certification service cannot be recouped by the few renewals that are being processed. ENVIRONMENTAL ASSESSMENT The proposed ordinance qualifies for an exemption from the California Environmental Quality Act (CEQA) per Section 15061(b)(3) of the CEQA Guidelines because the proposed ordinance does not have a potential for causing a significant effect on the environment. A Preliminary Exemption Assessment is attached. PUBLIC NOTICE /COMMENTS The Public Hearing Notice for Ordinance No. 2326 was published in the Arcadia Weekly on March 26, 2015. The legislative draft version of the proposed ordinance was sent to the Arcadia Chamber of Commerce on March 4, 2015. Massage and Personal Service Businesses Ordinance April 7, 2015 Page 5 of 5 FISCAL IMPACT The proposed ordinance will eliminate the City certification process and the fees associated with this service. However, these fees are not a significant source of revenue for the Development Services and Police Departments and are not fully covering the time and materials associated with the processing of the renewals of the few City certifications. Any fiscal impact will be negligible. RECOMMENDATION It is recommended that the City Council introduce Ordinance No. 2326 amending Chapters 2 and 4 of Article VI, and Chapter 2 of Article IX of the Arcadia Municipal Code relating to the City's massage and personal service business regulations. Approved- Do inic Lazza City Manager Attachments: Ordinance No. 2326 Ordinance No. 2275 (adopted July 6, 2010) Summary of Assembly Bill AB 1147 Preliminary Exemption Assessment