O1189
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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:
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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
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here~n shall be construed to exempt any person
from any other requirement of this Chapter
~ncluding those set forth at Section 62005
thereof.
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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.
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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.
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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:
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ADOPTED AND APPROVED THIS
26th
DAY
OF ~ovember
J 1950 I
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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
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ATTEST:
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CITY CLERK