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O1189 L e e e e i~~,,- CA:SSS:SC:bl Counc11 Meeting 10/28/80 Santa Monlca, California ORDINANCE NO. 1189 (Clty Councll Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA N~ENDING 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 permlt are required to take and pass a competency examinat1on, and all prem~ses used or lntended to be used as a massage parlor are required to provide specified bathing and toilet facilities; and WHEREAS, there 15 no necessity for requiring applicants for a ~asseur's perm~t who have already passed a comparable competency examination or who have graduated from a state approved school of massage to be reexamined; and WHEREAS, 1t is recognized that the facilit1es requlrements may, 1n individual cases, result in unusual hardship and may be modif1ed W1.thout 1n any way endangerlng the public health, safety, or welfare; and THE CITY COUNCIL OF THE CITY OF SANTA MONICA ORDALNS AS FO!,Lm-lS: ~ ~~- ~ e e . . SECTION 1. Section 62011 of the Santa Monica Municipal Code ~s hereby amended to add the following subsection C: C. Any other provisions of this Chapter notw~thstand~ng, appl~cants for a masseur's perm~t under Section 62005 who can demonstrate to the Chief that they comply with one or more of the following cond~tions shall be exempt from the examination requirement set forth at subsect~on D of that section. Nothing ~ here~n shall be construed to exempt any person from any other requirement of this Chapter ~ncluding those set forth at Section 62005 thereof. ~, 1. Said appl~cant has within thfr prdceding 12 month period been granted a massage technician's~ermit Py ~he C~ty of Los Angeles. 2. Sa~d appl~cant has successfully completed the prescribed course of study at a school of massage approved by the State Superin- tendent of Public Instruct~on pursuant to Educat~on Code Sect~on 94311{d} and reviewed by the Superintendent with~n the preceding 12 month per~od. Any person who, as a result of an exemption pursuant to th~s subsection, does not take the competency examination shall be entitled to a refund as set forth in Sect~on 620128(1) of this Chapter. -2- e e e e SECTION 2. Chapter 12 of Article VI of the Santa Monica Munlclpal Code 15 hereby amended to add the following new seetlon: Seetlon 62013: Varlance Procedure Any other provislons of thlS Chapter notw~th- standing, the operator of a massage parlor, or a person applying for an operatorls permlt pursuant to Section 62002 of thlS Chapter, may file wlth the Chief a request for a varlance to be relleved from the requlrements set forth at Seetlon 62006H of thlS Chapter. The Chief may grant such a request only lf he 1S satisfied that all of the followlng conditions are met: A. Although wlthln the statutory deflnition of a massage parlor (Section 62000D), the operatorls premlses are devoted primarily to the conduct of a buslness other than that of massage; and B. The operator would suffer unusual hardshlp lf forced to comply with the requlrements set forth at Section 62006H of this Chapter; and C. The bathing and tOl1et facilities provided by the operator ln 11eu of those required by Section 62002H comply wlth applicable require- ments of state and local law and are adequate to protect the publlC health, safety, and welfare. -3- e e . e The declsion of the Chief to grant or to deny a request for a variance shall be final. However, nothlng herein shall be construed to detract from the right of an applicant for an operator's permit to appeal a declslon of the Chlef wlth respect to the denial or conditional approval of such a permit pursuant to Section 62003C of thlS Chapter. SECTION 3. Any provlslon of the Santa Monica Municipal- Code or appendices thereto inconslstent therewith, to the extent of such lnconslstencles and no further, are hereby repealed or modlfied to that extent necessary to effect the provlsions of this ordinance. SECTION 4. If any sectloD, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a declslon of ~ny court of__any competent ]urisdlctlon, such decislon shall not " affect the valldity of the remainlng portlons of the ordinance. The Clty Council hereby declares that it would have passed this ordlnance and each and every section, subsectlon, sentence, clause, or phrase not declared invalid or unconstitutlonal wlthout regard to whether any portion of the ordlnance would be subsequently declared invalid or unconstitutional. SECTION 5. The Mayor shall sign and the City Clerk shall attest to the passage of th1S ordinance. The Clty Clerk shall cause the same to be publ1shed once ln the officlal newspaper within 15 days after 1tS adopt1on. The ordinance shall become effect1ve after 30 days from ltS adoption. APPROVED AS TO FORM: -4- e . t _v~-:; iI- ,J_....... -:. :: . ~ "'i'-.." ~ ~ ~ - _ t ,~ " }- ~~;. ~:: ....~ ~. -~: -: .~ F ~.~r ___ ~tT_~'~ e ~"-....-- L '_I .. - I,.,. ?' ... )11 .:":~?'_" ~ e -~.-!> .;...;.- . ~;;'\_h .. e e e e ADOPTED AND APPROVED THIS 26th DAY OF ~ovember J 1950 I t! /J ! //{ ~ , . f'\)~ ~IR. - I HEREBY CERTIFY THAT THE FOREGOING ORDINANCEJ No. 1189 J WAS DULY AND REGULARLY INTRODUCED AT A MEETING OF THE CITY COUNCIL ON THEllth DAY OFKovember J 1980j THAT THE SAID ORDINANCE WAS THEREAFTER DULY ADOPTED AT A MEETING OF THE CITY COUNCIL ON THE 26th DAY OF November BY THE FOllOWING COUNCIL VOTE: J 1980 AYES: COUNCIlMEMBERS: Yannatta Goldway, Jennings, Reed, Rhoden and Mayor Bambrick NOES: COUNCILMEMBERS: None ABSENT: COUNCIlMEMBERS: Scott "- ATTEST: ~'j}~ CITY CLERK