O1186
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CA:SSS:SC:bl
Council Meeting 10/28/80
Santa Monica, California
ORDINANCE No.
1186
(City Counc~l Series)
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA AMENDING
ORDINANCE NO. 1175 (MASSAGE PARLOR LICENSING
LAW) TO ESTABLISH EXEMPTIONS AND A VARIANCE
PROCEDURE APPLICABLE THERETO
WHEREAS, pursuant to Ordinance No. 1175, all applicants
for a masseur's perIDlt are required to take and pass a competency
examlnation, and all premlses used or lntended to be used as a
massage parlor are requlred to provlde specified bathing and
tOl1et facl1ltles; and
WHEREAS, there 15 no necessity for requirlng applicants
for a masseur's permlt who have already passed a comparable
competency eXamlnatlon or who have graduated from a state
approved school of massage to be reexamlned; and
WHEREAS, lt ~s recognized that the facillties requirements
may, ~n lndlvidual cases, result 1n unusual hardship and may be
modlfled wlthout in any way endangering the public health, safety,
or welfare; and
WHEREAS, certain exe~ptlons and procedures for obtaining
a varlance from the specifled requirements of Ordlnance No. 1175
are urgently needed,
THE CITY COUNCIL OF THE CITY OF SANTA MONICA ORDAINS
AS FOLLOWS:
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SECTION 1. Sect10n 62011 of the Santa Mon1ca Munlcipal
Code 1S hereby amended to add the fo1low1ng subsect10n C:
C. Any other provisions of this Chapter
notwithstanding, applicants for a masseur's
permit under Sectlon 62005 who can demonstrate
to the Chief that they comply with one or
more of the fol1owlng condltions shall be
exempt from the exam1natlon requirement set
forth at subsectlon D of that section. Nothing
herein shall be construed to exempt any person
from any other requ1rement of this Chapter
1ncluding those set forth at Section 62005
thereof.
1. Sald appllcant has withln the precedlng
12 month perlod been granted a massage
techniclan's permlt by the Clty of Los
Angeles.
2. Sald appl1cant has successfully completed
the prescrlbed course of study at a school
of massage approved by the State Super1n-
tendent of Pub11C Instruction pursuant to
Educatlon Code Sectlon 943l1{d) and reviewed
by the Superintendent withln the preceding
12 month period.
Any person who, as a result of an exempt10n pursuant to
thlS subsection, does not take the competency examinatlon shall
be entitled to a refund as set forth 1n Section 620l2B(1) of this
Chapter.
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SECTION 2. Chapter 12 of Article VI of the Santa Monica
Mun1clpal Code lS hereby amended to add the followlng new sect1on:
Sect10n 62013: Variance Procedure
Any other prov1s1ons of th1S Chapter notwlth-
stand1ng, the operator of a massage parlor, or a
person applYlng for an operator's permit pursuant
to Sect10n 62002 of this Chapter, may flle wlth the
Ch1ef a request for a variance to be relleved from
the requ1rements set forth at Sectlon 62006H of thlS
Chapter. The Chlef may grant such a request only
1f he is sat1sfled that all of the followlng condit1ons
are met:
A. Although wlthln the statutory definition of
a massage parlor (Sectlon 62000D), the
operator's prem1ses are devoted primarily to
the conduct of a business other than that of
massage; and
B. The operator would suffer unusual hardshlp
1f forced to comply with the requirements set
forth at Section 62006B of this Chapter; and
C. The bathlng and toilet faC111ties prov1ded
by the operator 1n lieu of those required by
Sect10n 62002H comply with applicable require-
ments of state and local law and are adequate
to protect the public health, safety, and
welfare.
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The declsion of the Chlef to grant or to deny a
request for a var1ance shall be final. However, nothing herein
shall be construed to detract from the right of an applicant
for an operator's permlt to appeal a declslon of the Chlef
wlth respect to the denial or condit1onal approval of such a
permlt pursuant to Sect10n 62003C of this Chapter.
SECTION 3. This ord1nance 15 declared to be an
emergency measure adopted pursuant to the prov1sions of Sect10n 615
of the Santa Mon1ca city Charter and lS necessary for preserving
the publ1c peace, health, and safety, and the urgengy for ltS
adoptlon as set forth in the findlngs above.
SECTION 4. Any provis1on of the Santa Monica Municipal
Code or appendlces thereto lnconsistent herewith, to the extent
of such inconsistencies and no further, are hereby repealed or
modifled to that extent necessary to effect the provisions of
this ordinance.
SECTION 5. If any provislon of thlS ordinance is held to
be unconstitutional by any court of competent jurisdiction, it
is the intent of the C1ty Councll that such portlon of such
ordinance be severable fro~ the remainder and that the rema1nder
be glven full force and effect.
SECTION 6. The Mayor shall slgn and the City Clerk shall
attest to the passage of thlS ordinance. The City Clerk shall
cause the same to be publlshed once in the official newspaper
within 15 days after 1tS adoption. The ord1nance shall become
effective from and after its adoption.
APPROVED AS TO FORM:
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ADOPTED AND APPROVED THIS
11th
DAY
OF November
I EJ80 I
D\', ~ /J '1 j /-':'
(^,,(}!t'tL. ~ 1/J1'>.j<1~_
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.. I"AY'OR
I HEREBY CERTIFY THAT THE FOREGOING ORDINANCEJ
No. 1186 J WAS DULY AND REGULARLY INTRODUCED AT A MEETING OF
THE CI TY COUNe I L ON THE lIth DAY OF Kovember J 1980 ; THAT
THE SAID ORDINANCE WAS THEREAFTER DULY ADOPTED AT A MEETING
OF THE CITY COUNCIL ON THE 11th DAY OF Kovember
BY THE FOllOWING COUNCIL VOTE:
1 1980
AYES:
COUNCILMEMBERS: Yannatta Go1dway, Jennings, Reed
Scott, and Mayor Bambrick
NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS: Rhoden
ATTEST:
(lAf4A. ~
CITY CLERK