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HomeMy WebLinkAbout2326 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 striketh-reugh 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 alse does net apply to massage therapy businesses; and shall be read in conjunction with those regulations and permitting or massage therapy 1 businesses which are separately enacted and provided for in Sections 6418 et seq. of this Code. " SECTION 2. Division 8 of Part 1 of Chapter 4 of Article VI of the Arcadia Municipal Code and is hereby amended to read as follows: "DIVISION 8 MASSAGE THERAPIST REGULATIONS 6418. - FINDINGS AND PURPOSE. 6418.1. - DEFINITIONS. 6418.2. - ACUPRESSURE. 6418.3. — PERMISSIBLE ZONING AND BUILDING LAWS APPLICABLE TO MASSAGE THERAPY BUSINESS ACTIVITIES — CONDITIONAL USE PERMIT REQUIRED. 6418.4. - STATE MASSAGE CERTIFICATION OR IDENTIFICATION REQUIRED TO CONDUCT MASSAGE THERAPY IN THE CITY. 6418.5. - BUSINESS LICENSE REQUIRED. 6418.6. — DENIAL, SUSPENSION, AND REVOCATION OF MASSAGE THERAPY BUSINESS LICENSE; APPEAL PROCEDURE AND REINSTATEMENT. 6418.7 — NUMBER OF LICENSES PERMITTED [RESERVED]. 6418.8. - HOURS OF OPERATION. 2 6418.9. - BUSINESS OWNER/OPERATOR RESPONSIBILITY. 6418.10. - - ■ • . , _ A ! - . _ . , . MASSAGE CERTIFICATE [RESERVED] 6418.11. - PROCESSING THE APPLICATION [RESERVED] 6418.12. - ISSUANCE OF IDENTIFICATION CARD [RESERVED] 6418.13. - DISAPPROVAL OF MASSAGE THERAPIST IDENTIFICATION CARD [RESERVED] 6418.14. - RENEWAL OF MASSAGE THERAPIST IDENTIFICATION CARD [RESERVED] 6418.15. - RENEWAL OF MASSAGE THERAPY BUSINESS LICENSE. 6418.16. - TRANSFER OF LICENSE [RESERVED] 6418.17. - CHANGE OF INFORMATION. 6418.18. - CESSATION OF MASSAGE THERAPY SERVICES. 6418.19. - PROHIBITED ACTIVITIES. 6418.20. - OPERATIONS. 6418.21. - - - _ . , . , . P , . _ . . , . - P A . _ IDENTIFICATION CARD AND BUSINESS LICENSE [RESERVED] 6418.22. - RETURN OF LICENSE CERTIFICATE AND IDENTIFICATION CARD [RESERVED] 3 6418.23. — APPEALS [RESERVED] 6418.24. — REAPPLICATION AFTER REVOCATION [RESERVED] 6418.25. - EXEMPTIONS. 6418. FINDINGS AND PURPOSE. The City of Arcadia is authorized, by virtue of the State Constitution and Section 51031 of the Government Code, to regulate massage therapists by conditioning the issuance of a license to engage in the business of massage on reasonable standards relative to their skill and experience, and to regulate owners and operators of massage therapy businesses to ensure the safety of clients receiving massage therapy. While the City Council recognizes that section 4612 of the Business and Professions Code and section 51034 of the Government Code gives those individuals who are certified pursuant to chapter 10.5 of the Business and Professions Code the right to practice massage, the City Council also finds that those sections/1612 of the Business and Profcc.sions Code also gives the City the right to adopt reasonable business licensing and health and safety requirements for massage establishments and businesses, including requiring a conditional use permit (CUP) to operate. The City Council finds and determines that licensing the standards contained in this Ordinance pertaining to massage therapy business activities are necessary to protect the public health and safety and the personal safety of massage therapists. The City Council further finds that the public health and safety are best served by the adoption of an ordinance providing for regulation of massage therapy business 4 I activities in a manner that is consistent throughout the City of Arcadia, and that is consistent with State law(including, but not limited to chapter 10.5 of the Business and Professions Code — Sections 4600 et seq.). The establishment of reasonable standards for issuance of a license and restrictions on massage therapy business activities would serve to reduce the risk of illegal activities. There is a significant risk of injury to massage clients by improperly trained and/or uneducated massage therapists and this Division provides reasonable safeguards against injury and economic loss. 6418.1. DEFINITIONS. "Acupressure" shall mean the stimulation or sedation of specific meridian points and trigger points near the surface of the body by the use of pressure applied in order to prevent or modify perception of pain or to normalize physiological functions, including pain control, in the treatment of certain diseases or dysfunctions of the body. "Acupuncture" means the stimulation of a certain point or points on or near the surface of the body by the insertion of needles to prevent or modify the perception of pain or to normalize physiological functions, including pain control, for the treatment of certain diseases or dysfunctions of the body and includes the techniques of electroacupuncture, cupping, and moxibustion. "Acupuncturist" means an individual to whom a license has been issued to practice acupuncture pursuant to chapter 12 of the Business and Professions Code, which is in effect and is not suspended or revoked. 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 card issued by the City of Arcadia after receiving a certified copy of a massage therapist's mMassage eCertificate which verifies the massage therapist's ability to practice massage in the City of Arcadia. "City regulatory officials" shall mean the City's Licensing Authority, Building and Planning Services, Code Services Officers, Fire Department and the Police Department. "Disqualifying conduct" means any of the following: {A) Pandering; (B) Keeping or residing in a house of ill fame; (C) Keeping a house for the purpose of assignation or prostitution, or other disorderly house; (D) Prevailing upon a person to visit a place of illegal gambling or prostitution; {E) Lewd conduct; {F) Prostitution activities; 6 this State, would have been punishable as a felony; (H) Any felony offense involving the sale of any controlled substance; of any controlled substance; (J) Any misdemeanor or felony offense which relates directly to the practice of operator, or as a massage therapist; or (K) Any felony the commission of which occurred on the busine°s premises where massage therapy services are performed. "Employ" shall include, without limitation, contracting with independent contractors as well as hiring or employing persons. "Employee" shall include, without limitation, independent contractors and persons hired or employed by an operator or owner of a massage therapy business. "Health Department" means the County of Los Angeles Department of Health Services. "Licensing Authority" shall mean the Business License Officer or the designated official responsible for issuing, revoking and otherwise administering the provisions of this Division. "Massage" or"massage therapy" shall mean any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the 7 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 sSections 46004 (a) et seq. of the Business and Professions Code{Chapter 10.5 commencing with Section 4680-}. "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 el-thief a Massage Certificate or a Massage Therapist Identification Card and massage establishments or businesses that employ or use only persons that have either a Massage Certificate er-a i . .- -- . . . - • _ •• • _ • 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. 8 "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.•"Personal Servi - : . •- " _ ..-. • - e. -- - - . - - •- -• . .- tt • •- •I e e _ - - - •• ••• . . • - •* . - - . . - - , . - - -e . - - student shall be furnished with a diploma or a certificate of graduation from such school or 9 of—the United States which has standards and requircments equivalent to those of pursuant thereto. "Specified anatomical area" shall mean human genitals, pubic region or a female breast. 6418.2. ACUPRESSURE. This Division shall also apply to the administration of acupressure, except as administered by licensed acupuncturists. 6418.3. PERMISSIBLE ZONING AND BUILDING LAWS APPLICABLE TO MASSAGE THERAPY BUSINESS ACTIVITIES - CONDITIONAL USE PERMIT REQUIRED. income or compensation from massage therapy busine& activities. Massage therapy office of a chiropractor; and (b) a personal service businesv. All such established businesses shall comply with all building and zoning 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 L massage operations are conducted within a structure is located in a zone where such use is permitted and a conditional use permit has been obtained pursuant to Division 5 of Part 7 of Chapter 2 of Article IX of this Code (commencing with Section 9275.1). All such established businesses shall comply with all building and zoning regulations, the regulations of this Division including licensing and permitting requirements, and all other applicable requirements of law. 6418.4. STATE MASSAGE CERTIFICATION REQUIRED TO CONDUCT MASSAGE THERAPY IN THE CITY. On or after January 1, 2016, it shall be unlawful for any person to engage in massage therapy within the City(whether having a fixed or mobile place of business within the City (e.g.: "out-call", "in-home" or "in-office" services)), without having either a valid Massage Therapist Identification Card or a valid Massage Certificate. To ensure compliance with this Code section, - cc- - -.c - - -- . 0 . .e- e-• . . _ __ . • . - . . _-- . -, all massage therapists must file a certified copy of either their . . - - •- . . c- • . . _ _ . . _ •-• Massage Certificate with the City of Arcadia Development Services Department - Business License Division. After successfully filing his or her either their Massage Therapist Identification Card or Massage Certificate, all massage therapists will be issued a City of Arcadia Massage Verification Card. The City shall charge no fee for review of a Massage Certificate or issuance of a Massage Verification Card. 11 Notwithstanding the above, any person engaging in massage therapy undera valid Massage Therapist Identification Card may continue to do so until January 1, 2016 and, prior to that date, a Massage Therapist Identification Card shall be deemed equivalent to a Massage Certificate for purposes of compliance with this Division. All Massage Therapist Identification Cards shall expire on January 1, 2016. Commencing on the effective date of this Division, no further Massage Therapist Identification Cards will be issued or renewed. Any Massage Therapist Identification Card remaining in effect may be suspended or revoked for violations of this Division, this Code or State law, pursuant to the procedures contained in Section 6216.7 of this Code (Suspension/Revocation of Business Licenses). 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 (A) A statement of the exact location of the business, including the full street address and all telephone numbers associated with said location. If the shall provide a letter of verification, signed and dated, indicating the intent to The information required from all business license applicants, pursuant to Sections 6211 - 6211.5 of this Code. current address of the applicant, (D) Driver's license number or identification number, (E) Social security number, (B) A statement in writing and dated by the applicant certifying under penalty of perjury that all information contained in the application is true and correct, (C) A statement in writing and dated by the applicant certifying under penalty of perjury that he or she: (a) has received a copy of this Division; (b) understands its contents; and (c) understands the duties of owners/operators of businesses that provide massage therapy as provided in this Division, (D) Applicant's valid Massage Certificate or valid City of Arcadia Massage Verification Card Massage Therapist Identification Card, if applicant plans to practice massage therapy, and 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. Applicants who do not show proof of either a valid Massage Certificate or a current Massage Therapist Identification Card shall also provide the following information: {A) Whether or not the applicant is required to register as a sex offender .. (B) All criminal convictions, including pleas of nolo contendere (no contest), - -• - and place of each such conviction, {C) Two (2)front face portrait photographs at I ast two inches (2") by two inches (D) A complete set of fingerprints taken on the date of application by the Arcadia Rnlino DoportmeRt (E) Such other information and identification as the Chief of Police may require in the application. All applicants shall pay a nonrefundable business licenseing processing fee sufficient to cover the costs of business licensing activities, in the amount established by resolution of the City Council, pursuant to Section 6211.2.1.1 of this Code. 6418.6. DENIAL, SUSPENSION, AND REVOCATION OF MASSAGE THERAPY BUSINESS LICENSE; APPEAL PROCEDURE AND REINSTATEMENT. 14 A Massage Business License maybe denied for the same reasons and on the same grounds as any other business license in the City, pursuant to Section 6216.6 of this Code. Within ten (10) days of the date of the notice of denial, the applicant may file - .- - E . ■- .. _ - • - -0- . • - -- - - - . - ... - - - - - . _ . :. • e ee cover the cost of the hearing and appeal. A Massage Business License may be suspended or revoked by the City for the same reasons and on the same grounds as any other business license in the City, pursuant to Section 6216.7 of this Code. The appeal of a denial, suspension or revocation of a Massage Business License shall be governed by the procedures set forth in Section 6216.8 of this Code. The reinstatement of a Massage Business License shall be governed by the procedures set forth in Section 6216.11 of this Code. -- -. • - --. - - - e•_ . -. _ . -- ::. Se. - member who has any financial interest in the outcome of the h wring or is unable to make a fair, impartial and unbiased determination shall not participate in either the hearing or in 15 involved shall have the right to offer testimonial, documentary, and tangible evidence bearing upon the issues and may be represented by counsel. The Board shall not be applicant or permit holder, or any other party. Extensions of time or continuances sought by a permit applicant or permit holder shall not be considered delay on the part of the City and . - c .. .... - - . ._ •_ - -- license be denied or approved, or approved contingent upon the applicant performing Within ten (10) days of receipt of any final decision by the Board, either the holder of - - -"- -" -- - - . . _ .-. • •- ::. . .. .. . . - ..e-•• - " - - - • -- :- e- 1 6 novo hearing, or the City Council may amend, modify or reject the recommended decision• •- . . - - - - - •- -• - -- • • . . - . .' - - . •: - en AA- - - - • back to the Board with instructions to rehear any relevant matter not previously heard and may deny or approve the license, or impose such other or further reasonable terms, conditions or restrictions on the terms, conditions or restrictions theretofore placed on said enterprise, occupation or activity will not be contrary to or inimical to or jeopardize the preservation of the public peace, safety or welfare of the City or its inhabitants, or bo shall be final. 6418.7 - _ ! - - - ' B. [RESERVED] therapists or have massage therapists operate in their offices 6418.8. HOURS OF OPERATION. No massage therapist shall administer a massage in any established business between the hours of 9:00 p.m. and 7:00 a.m. A massage begun any time before 9:00 p.m. must nevertheless terminate at 9:00 p.m. All customers, patrons and visitors shall be excluded from the massage therapy business during these hours and be 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 either a valid . _ _- -- _ . .-• ••• -_ . _ - 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 Identification Card or valid Massage Certificate and City of Arcadia Massage Verification Card. 6418.10. MASSAGE THERAPIST IDENTIFICATION CARD REQUIRED IF NO MASSAGE CERTIFICATE. [RESERVED] 18 shall apply for and obtain from the City of Arcadia a Massage Therapist Identification Card. • • - • -- .. ._ . Police Department. The following information, documents and other requirements shall be included with the submission of such application: (A) A statement of the exact business location at or from which the applicant will be working as a massage therapist, including the full street address and all telephone numbers ac'sociated with said location, and a letter of verification applicant: (2) Previous residential addresses for five (5) years immediately {3) Written proof that the applicant is at least eighteen (18) years of age, (it) Height, weight, color of hair and eyes, and gender, {5) Driver's license number or identification number, (6) Social security number, {7) The occupation and employment history of the applicant, including, 19 application, {8) The complete permit history of the applicant concerning massage or massage therapy services provided by the applicant, including, without limitation, whether the applicant has ever had any license or permit, issued by any agency, board, City, or other jurisdiction, denied, revoked or suspended, and if so, the date, location and (9) Whether or not the applicant is required to register as a sex offender pursuant to Penal Code Section 290, (10) All criminal convictions, including pleas of nolo contendere (no contest), within the last ten (10) years, including, without limitation, those dismissed or expunged pursuant to Penal Code Section 1203.4, such conviction, penalty of perjury that all information contained in the application is true and correct, A penalty of perjury that he or she: (a) has received a copy of this Division; (b) understands its contents; and (c) understands the duties -- - - - e •• •.. 20 (B) Two (2)front face portrait photographs at I ast two inches (2") by two inches (2") in size taken within thirty (30) days immediately preceding the date of application; ' e•• 11 - - - - - - - - - . - - _ -- s . - - - - - - - - -- A .:•. Police Department• , (D) A certified copy of the applicant's diploma or certificate of graduation and certified transcript of graduation for completion of five hundred (500) hours of instruction from a recognized school of massage; (E) Such other information and identification as the Chief of Police may require in order to discover the truth of the matters herein specified and as required to be set forth in the application; (F) The applicant shall pay a nonrefundable application fee at the time of filing 6418.11. ' ' e - - - - - A • • - e . [RESERVED] fee, shall be submitted to the Arcadia Police Department. Following the determination by the Chief of Police that the application is complete, e - - . • ----•-• • • - •- _ - *e - - - -- - • - - - - - -- - 21 6418.12. - - - e e . [RESERVED] The Chief of Police shall issue a Ma'sagc Therapist Identification Card if there are•-es - - - - - - • - _ . - •- . . . • . - - - - ' ' -a - :A -' - 6418.13. l _ . ' e A ,, . _ _ A _ _ - . . _ . , • . . _ . _ .. [RESERVED] •• - - - _ . .- .. • - • - - -- - - . . - - - •- - - - • - • . - - - - •-• - _ - - - - - •- - - - - • . • . . • -- . - - - e . . . • - '- application is deemed complete, the application shall automatically be deemed disapproved on the sixteenth (16th) business day after the application was submitted and deemed completo .. .• • . . . . . .. . . .. 2" . . . .•The application shall be disapproved if the Chief of Police finds any one (1)or more of the following: A -- _ _ _ • - • _ - _ -- - : -. - .5- - - e- ;; not been provided with the application; 22 (C) The applicant has made one (1) or more false, misleading or fraudulent statements or omissions of fact on the application or during the application process; (D) The applicant has, within ten (10)years preceding the date of the application, been convicted of disqualifying conduct, or of a lesser included offense; (E) The applicant is required to register as a sex offender; (F) The applicant has not met the requirements of this Division; health, safety or welfare; deceit or moral turpitude, or an act of violence, which act or acts are therapist; (I) The applicant has, within five (5)years preceding the date of application, had revoked for cause by a Licensing Authority, City, County or State. 6418.14. ' . . a a _ - . - _ • [RESERVED] Identification Card on forms provided by the Arcadia Police Department. The massage 23 renewal application in the amount established by resolution of the City Council. 6418.15. RENEWAL OF MASSAGE THERAPY BUSINESS LICENSE. Owners and/or operators of businesses that provide massage therapy shall annually apply for renewal of their Massage Business License. The owner and/or operator applicant shall pay a nonrefundable application renewal fee at the time of filing a renewal application in the amount established by resolution of the City Council. The owner of a business that provides massage therapy shall maintain a current business license. Any owner and/or operator who currently possesses a business license allowing them to operate a massage therapy business must, upon time for the renewal of their license, apply for a Massage Business License, supplying the information as required in Section 6418.5 of this Division. 6418.16. TRANSFER OF L ICENSE. [RESERVED]• .e- - -- - - - - - . . - - -- - - ,'4 . .e- -- . . . . .- -- - 6418.17. CHANGE OF INFORMATION. If, during the term of a - .e- •- . s• - -- . . - - - - - - Massage Therapy Business License, a massage therapist or an owner and/or operator has any change of information submitted on the original application or license renewal application, the massage therapist shall notify the Arcadia Police Department and the Business License Officer of such change in writing within ten (10) business days thereafter. 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. (F) Patrons shall not be prohibited from the use of, or possession of, cellular phones, pagers or any communication devices while massage therapy services are being offered or performed. (G) It is unlawful for any massage therapist, employee, patron, or any other person present where massage therapy services are being offered or performed, to wear or have in their possession such items as nightgowns, negligees, bathrobes, sexually oriented merchandise paraphernalia or condoms. Every business owner and/or operator shall assure that such items are not being kept, possessed, stored or used on the business premises. (H) No electrical, mechanical or artificial device shall be used for audio and/or video recording or for monitoring the performance of a massage, or the conversation or other sounds in any massage room. (I) 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, 26 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 either the• -- - - - _. -- - s . .e. e 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 set forth in section 4609(a)(10) of the Business and Professions Code. Clothing shall be fully opaque, nontransparent uniforms, similar to uniforms worn in medical offices, and shall provide complete covering of the genitals, pubic (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, ana/us 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. 28 (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. (I) 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. 29 (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. 30 (0) 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. (Q) Notices. The following notice shall be conspicuously posted in a location within the business where massage therapy services are performed that is or enclosure: THIS MASSAGE ESTABLISHMENT AND THE MASSAGE ROOMS DO NOT PROVIDE COMPLETE PRIVACY AND ARE SUBJECT TO INSPECTION BY THE ARCADIA POLICE DEPARTMENT WITHOUT PRIOR NOTICE. Wall/Window Requirements. The City may not require a massage therapy business to have windows or walls that do not extend from the floor to ceiling, or have other internal physical 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. (S) Records of Treatment. The business owner and/or operator shall keep a record of the dates and hours of each treatment or service, the name and service and a description of the treatment or service rendered. A short medical history form shall be completed by the massage therapist to massage. These records shall be prepared prior to administering any 32 months after such treatment or service. These records shall be open to Division and for no other purpose. The City regulatory officials shalt records shall be kept at the business. The information furnished or secured as a result of any such rccords shall be used only to ensure and enforce misdemeanoc, (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 not be subject to the requirements of this section to the extent of any such conflict or inconsistency. 33 6418.21. - - . _ . . - e _ A e . _ . - - O . - A ' S. . . . _ - - • - - - • - . [RESERVED] (A) The administering of ma'sage therapy services has been conducted in a •••• - . •• • _ (B) The license holder has violated a provision of this Division; (C) The license holder is convicted of any disqualifying conduct or is required to register as a sex offender; (D) Information contained in the approved application is false, misleading or fraudulent; (E) The license holder refuses to allow representatives of the City to inspect therapy ceices• 1 ry , (F) The license holder has ceased to meet any of the requirements of this Division. In the event of suspension or revocation of a license or card issued under this Division, the Licensing Authority shall send to the license holder a revocation or•- - • _ • - - • I - - - - . - - - -- - • - . - _ . - _ - •-• - 34 or revocation. 6418.22. RETURN OF LICENSE CERTIFICATE AND IDENTIFICATION CARD. [RESERVED] If a Business License or Massage Therapist Identification Card is suspended or suspension or revocation. 6418.23. APPEALS[RESERVED] • • - - ! e . . _ -- . . - . •- • - - - .-- - - •- - -- - - • : e-. , . • • • • ! -- . . - . . - - es-. ,•- - :: -- -. • - . es . - - •- le. . . :e. any determination or recommendation after the hearing. Prior to the hearing, City staff . £ _ -- ,' _ - •-. - - - -. e . ' - - - - - es-. , . • - • - - - - _ - . . . -- D . - e, - -- - bearing upon the issues and may be represented by counsel. The Board shall not be bound by the formal rules of evidence and may require the presentation of additional 35 permit denials, suspensions, or revocations. some remedial action such as, but not limited to, paying a fine or penalty. a, • • • - - - - - • - - :. •- •- - the revoked license or applicant for the denied license, any member of the City Council, . - - -- -•- • - _ - _ . _ -_ - •-- _ - - - . . _ - -- . . . •• -•-_ . - ..e-• • - ' - - - - appeal, the Board shall transmit to the City Council the fin : . - . .- :- - .. _ •- ::. _ .. - •- - - - - •-_ - - - _ - - . - - • •-- - - - 36 may deny or approve the license, or impose such other or further reasonable terms, license as the City Council finds reasonable or necessary to ensure that the business preservation of the public peace, safety or welfare of the City or its inhabitants, or be shall be final. 6418.24. ' a _ a e , a ' - a - a a [RESERVED] 6418.25. EXEMPTIONS. The provisions of this Division, with the exception of those provisions relating to massage therapy business ownership, shall not apply to any of the following: (A) State licensed physicians, surgeons, chiropractors, physical therapists, osteopaths, or any registered or licensed vocational nurses working on the premises of, and under the direct supervision of, a State licensed physician, surgeon, chiropractor or osteopath; 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 either a valid Massage Certificate er •: _ . 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 primary use and includesi-rig, but is not limited to, day spas, hair salons, nail salons, beauty parlors, health 38 spas, massage, tanning salons and tattooing parlors. 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, Ice Cream Stores or Confectionary Stores not employing more than five (5) persons at any one time of day. (24) Any other uses deemed by the City Council to be compatible with the purposes of this Title. (25) Personal Service Businesses, except those that provide massage, tanning and/or tattooing." SECTION 5. Subsection (1) of Section 9260.1.11 of Title 1 of Division 0 of Part 6 of Chapter 2 of Article IX (CPD-1 Zone— Incidental Hotel Uses) is hereby amended to read as follows: 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 8. Section 9262.1.35 is hereby added to Title 2 of Division 2 of Part 6 of Chapter 2 of Article IX (C-1 Zone — Uses Permitted) and shall read as follows: "9262.1.35. - SAME. Personal Service Businesses, except those that provide massage, tanning and/or tattooing." 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 (CBD Zone— Permitted Uses) and shall read as follows: 42 "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 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. 44 P- Permitted C- Conditional Use Permit N — Not Allowed Alternative fuels and recharging facilities P Personal Services Businesses that do not provide GP massage, tanning and/or tattooing. Personal Service Businesses that provide C massage, tanning and/or tattooing. 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 P accessory use Personal Services Businesses that do not provide SP massage, tanning and/or tattooing. Personal Service Businesses that provide C massage, tanning and/or tattooing. 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 46 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 P accessory use Personal Services Businesses that do not provide GP massage, tanning and/or tattooing. Personal Service Businesses that provide C massage, tanning and/or tattooing. 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 47 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 (31st) day following its adoption by a majority vote of the City Council. SECTION 18. 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 21st day of April , 2015. Ma •r ATTEST: ` City 'e k APPROVED AS TO FORM: Steph n P. Deis'ch6- City Attorney 48 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, GENE GLASCO, City Clerk of the City of Arcadia, hereby certifies that the foregoing Ordinance No. 2326 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 21st day of April, 2015 and that said Ordinance was adopted by the following vote, to wit: AYES: Council Member Beck, Chandler, Kovacic, Tay and Wuo NOES: None ABSENT: None 4000111"64„---- 44111,! lerk of the •'ty of Arcadia 49