HomeMy WebLinkAboutItem 1c - Ordinance No. 2326 Updating the City's Massage Therapist and Business Regulations'Y G,,,LIFO .vrNy�
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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
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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.
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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.
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[RESERVED]
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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
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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.
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"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.
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"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.
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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.
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"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.
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"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
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massage operations are r�.-,ndUGte d within., structure is located in a zone where such use
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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
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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:
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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.
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(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
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(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.
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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.
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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
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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
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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.
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6418.12. !SS i NCE OF IDENTIFICATION CARD. [RESERVED]
[RESERVED]
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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.
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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.
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(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,
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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
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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
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(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
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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
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of an
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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 +
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NJ. r
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IkXAT-�ll Rat IBM.
r +
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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
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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.
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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