SR-8-C (18)
e
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e
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OCT 2 8 1980
CA:SSS:SC:bl
Councl1 :'o-leetlng 10/28/80
Santa Monlca, Callfornla
Sf
STAr:' REPORT
NOV 1 1 1980
TO:
Mayor and C1Ly Councll
FROH:
Clty Attorney
SUBJECT:
Exemptlons and Varlance Procedure Under
Ordlnance No. 1175 (Massage Parlor
Llcenslns La,',}
IN'l'RODUCTION
Th~s report transmlts, for lntroductlon and adoptloD,
an energency ordlhance a~d, fo~ lntro0uctlon, a regular ordlnance
a!Liendlna Ordlnance i'Jo. 1175 (:lassage Parlor LlcenslDg Law) to
establlsh certaln exe~?t~on3 frOl' the re~UlreQ exa~lnatlon o~
a?'Jllcants for fL'asseur' s penLil ts and a ?roceJ.ure ..:or obtalDlng a
varlance f~om the bathlng anu to~let faCll1tles requlIed for
massage parlors.
3h.CKC;ROU~\)D
The exe~I?t1ons and v-ar1ance procedure erabod1ed. 111 til.e
?roposed ordlnance are responslve to concerns ex?resseu at the
9ubl1C hea1.:1ng on Ord1nance ~.Jo. 1175 and probler.s HhlC~l. have
sur"':aced 1n the several ">10ntil.s durln,," \ihlCh tne ordlnance has DeeD
111 e ffeet.
Both t~e exen~tlons auo V3c-lance nrocecure are deslgneQ
to relleve Dersons subject to the arctlnance =ror.1 corr;plYlng wlth
lts more onerous ::::-eCTUlre!'"'ents In cases Fl1ere the pollcles lntenued
to be served by -che o:rolna'l.Ce and ccn~:ade::-aLlons of the lJUDI1C
:l.eal th and Helfare do Eot necess..!.. tate that these reqluremen ts be
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rlgldly enforced.
NOV 1 1 i92Q
8~
OCT 2 g /'J -
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SECTION 62012. Changes of
BusInes~. Every massage establIshment
operator shall report Immediately to
the Chief of Police, any and all
changes of ownership or management of
the massage establishment, Including,
but not limited to, changes of manager
or other person princIpally In charge,
stockholders holding more than ten
percent of the stock of the
corporation: officers, directors, and
partners in any and all changes of
name, style, or designation under
which the business IS to be conducted,
and all changes of address or
telephone
bUSiness.
numbers
of the massage
SECTION
The City's
Department and
62013. lns~ections.
BUilding and Safety
FIre Department, and
the Los Angeles County Health
Department, shall Inspect the premises
proposed to be devoted to the massage
establishment and shall certify on the
reqUired permIt application,
compliance or noncompliance with the
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regulatIons
Chapter.
as set forth In this
SECTION
62014.
Trapsfer and
DuratIon of Permits. SusoenSIon and
RevocatIon.
(a) No permit Issued hereunder
shall be transferable. All operator
and massage technIcIan permIts shall
be Issued for the perIod of the fIscal
year or portion thereof remaInIng
followIng Issuance of such permit, and
shall expire the last day of the
fIscal year (June 30thl.
(b) ApplIcatIons for the next
ensuIng fIscal year shall be flIed
wIth the ChIef of PolIce before the
end of the fIscal year. Such renewal
applIcatIons must be flIed no later
than 30 days prIor to the end of the
fIscal year to prevent a lapse of the
permIt.
(c) Each applIcant for renewal
shall fIle such InformatIon as may be
requIred by the ChIef of PolIce to
update the InformatIon requIred for
his or her origInal permIt
applIcatIon.
Each massage technIcIan
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renewal
statement
physIcIan
that he
applIcant shall Include a
in wrItIng from a lIcensed
In the State of CalIfornIa
or she has examlned the
appllcant withIn the past 30 day
perIod precedIng saId applIcatIon and
belIeves the renewal applIcant to be
free from all communIcable dIseases.
(d) The ChIef of Police may
refuse to renew a permIt or may revoke
or suspend an eXIstIng permit on the
grounds that the applIcant or permIt
holder has permItted vIolatIons of the
permIt condItIons or other
reqUIrements of thIS Chapter, or on
any grounds speCIfIed In SectIon 6120
or 6123 of thIS Code. In any such
case, the applIcant or permlt holder
shall have the rIght to appeal from a
deCISIon of the ChIef of PolIce, In
the tIme and manner set forth In
SectIon 6124 et seq. J of thIS Code.
r e) No suspended permit may be
renewed. If a suspended permIt lapses
durIng the suspensIon perIod, a new
applIcatIon must be made at the end of
the suspensIon perIod.
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(f) Two or more violations of
either Section 62004 or Section 62010
within a twelve month period shall
result In revocation of the operator's
permit. In any case Involving
revocatIon
or
suspension
of the
operator's permIt under this Section,
a change of ownership or the operator
of the massage establishment shall not
effect the suspension or revocation of
the police permit. In any case of
suspension under thIS Section,
application for a new operator permit
may be made and shall be effective
only
after the completion of the
period of suspension.
SECTION 62015.
Exemotlon for
Healina Arts. The provIsions of thiS
Chapter shall not be deemed applicable
to any person who IS engaged In a
healing art, and IS licensed as such,
pursuant to DIvIsion 2, commencing
With Section 500 of the Business and
ProfeSSions
Code of the State of
California.
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SECTION 62016.
Other ProfessIonals.
fa) Except as provIded for In
thIS SectIon, the provIsIons of thIS
Chapter shall not be deemed applicable
ExemptIon for
to any person who obtaIns an exemptIon
certIfIcate In accordance wIth the
prOVISIons of thIS SectIon.
(b) In order to be elIgIble for
an exemption certIfIcate, a person
must be a member of a profeSSIonal
organization or assocIation which the
ChIef of PolIce determInes meets each
of the follOWIng reqUIrements:
(1) The organIzatIon or
assocIation reqUIres that Its members
meet mInImum educatIonal reqUIrements.
The educational reqUIrements must
Include at least 300 classroom hours,
or Its eqUIvalent, In Anatomy,
PhYSIOlogy, HygIene, SanItatIon,
Massage Theory and PractIce, EthICS of
Massage PractIce, FIrst AId and CPR.
(2) The organIzation or
aSSOCIatIon reqUIres that a test be
passed in order to obtaIn membershIp.
The test must be conducted In a faIr
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and ImpartIal manner and meet or
exceed the testIng requIrements of
SectIon 62007.
(3) The organIzation or
assocIation reqUIres partICIpatIon In
contInUIng education programs as a
condItion of contInUIng membershIp_
(4) The organIzatIon or
aSSOCIation has establIshed rules of
ethICS and has enforcement procedures
for the suspenSIon and revocatIon of
membership of persons VIolatIng the
rules of ethICS.
(d)
In
order
to obtaIn an
exemptIon certIfIcate} the person must
fIle an applIcatIon for an exemptIon
certIfIcate In the form reqUIred by
the ChIef of PolIce. The applIcatIon
for exemption shall be approved or
denied WIthIn 10 days of the fIlIng of
the applicatIon If the ChIef of PolIce
has preVIously determIned that the
organIzatIon or aSSOCIatIon meets the
reqUIrements of subdIVISIon (b) of
thIS SectIon, or WIthIn 60 days If no
such determInation has been made.
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(d) A person exempt under thIS
SectIon shall have on hIS or her
person the exemptIon certIfIcate
Issued by the ChIef of Police when
such person IS engaged In any massage
actIvIty.
(e) At such tImes as the ChIef
of PolIce deems approprIate, persons
exempt under thIS SectIon may be
requIred to ven fy that he or she
contInues to be a member In good
standIng of the organIzatIon WhIch
entItles such person to an exemptIon
under thIS SectIon.
{f} The exemptIon certifIcate
shall be deemed revoked and of no
further force or effect on the date on
WhICh the person IS no longer a member
In good standIng of the organIzatIon
entItlIng the person to an exemptIon
under thIS Section.
(g1 No operator's permIt shall
be requIred by thIS Chapter by a
person who employs only persons exempt
under thIS SectIon. An operator's
permIt shall be requIred by any person
who employs both massage technICIans
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lIcensed under thIS Chapter and
persons exempt under thIS Section.
(h) An applIcant Or exemption
certIfIcate holder shall have the
right to appeal from a decisIon of the
ChIef of PolIce under thIS SectIon In
the time and In the manner set forth
In SectIon 6124 et seq. of thIS Code.
(1) An person exempt under this
SectIon shall not be requIred to
obtain a polIce permit pursuant to
SectIon 6120.
SECTION 62017. ComplIance.
CommenCIng on the effective date of
thIS Chapter, permIts are to be Issued
In accordance WIth the prOVISIons of
thIS Chapter. As to persons holdIng
eXIstIng permIts, the follOWIng
schedule of compliance shall apply:
(a) Operator's permIts shall
contInue in effect for the remainder
of the fIscal year and shall be
renewed In accordance WIth SectIon
62014. A renewed operator's permIt
may be denIed or condItioned to the
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same
extent
as a new operator's
permIt.
(b) commencing on the effective
of thIS Chapter, massage
date
operators and massage technicIans
shall comply wIth all requIrements of
Section 62010.
(cl All persons operatIng under
an eXIstIng massage technICIan permIt
and otherWIse meetIng the requirements
for permIt renewal are by July I,
1986, to obtaIn a new permit In
accordance
with the provIsions of
SectIon
62007.
Persons currently
holdIng valId masseur's permIts shall
be exempt from the schoolIng
requIrement) but must satIsfactorIly
complete the wrItten and oral test.
(d) Reasonable
extensions of
the time perIod specIfIed In
subdIVIsIons Cb) and (c) may be
granted by the ChIef of PolIce upon a
proper showIng and upon tImely
requests therefor.
SECTION 62018. ~. The CIty
CouncIl shall establIsh and from tIme
to tIme amend by resolutIon fees for
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the admInIstratIon and enforcement of
thIS Chapter.
SECTION
62019.
VarIance
Procedure. Any other proviSIon of
thIS Chapter not WIthstandIng) the
operator or a person applYIng for an
operator's permIt pursuant to SectIon
62003 of thIS Chapter may fIle WIth
the ChIef of PolIce a request for a
varIance to be relIeved of the
requIrements
set forth In SectIon
62010(e) of this Chapter. The ChIef
of Police may grant such requests only
If he is satIsfIed that all of the
following condItIons are met:
(a) Although WIthin the
statutory defInItIon of a massage
establIshment (SectIon 62000(e))J the
operator's premIses are devoted
prImarIly to the conduct of a bUSIness
other than that of massage.
(b) The operator would suffer
unusual hardshIp If forced to comply
WIth the reqUIrements set forth In
SectIon 62010(e) of thIS Chapter.
(e) The bathIng and toilet
faCIlIties prOVIded by the operator In
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lIeu of those
62010(e) comply
requIrements of
requIred by Sectton
wIth the applIcable
state and local law
and are adequate to protect the publiC
health) safety, and welfare. The
decIsion of the Chief of Police to
grant or to deny
varIance shall be
a request for a
f I na 1. However,
nothIng heretn shall be construed to
detract from the right of an applicant
for an operator's permtt to appeal a
deCIsion of the Chief of Police WIth
respect
to
denIal or condItional
approval of such permit pursuant to
Section 62003 of this Chapter.
SECTION 62020.
Massacre Schools.
A massage school duly accredited by
the State of CalIfornia may obtaIn an
operator's permit under thIS Chapter
and may employ massage technICIans to
prOVIde
prinCipal
massage so
bUSIness
long as
actiVity
the
IS
prOViding education and InstructIon.
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SECTION 2. The amendments provIded In SectIon 1 of thIS
OrdInance to Chapter 12 of ArtIcle VI of the Santa MonIca
MunICIpal Code shall not bar or otherWIse effect the fIling of
a crIminal complaInt, the prosecutIon thereof, and punIshment
for an act commItted prIor to the effectIve date of thIS
OrdInance in vIolatIon of any prOVIsIon of the Santa MonIca
Municipal Code notwIthstandIng the amendment thereof by thIS
OrdInance.
SECTION 3.
Any prOVIsIon of the Santa MonIca MunICIpal
Code or appendIces thereto InconsIstent WIth the provIsions of
thIS ordInance, to the extent of such InconsistencIes and no
further,
IS hereby repealed or modIfIed to that extent
necessary to affect the prOVIsIons of thIS ordInance.
SECTION 4. If any sectIon, subsectIon, sentence,
clause, or phrase of thIS ordInance IS for any reason held to
be Invalid or unconstItutIonal by a deCISIon of any court of
competent JurISdIctIon, such deCISIon shall not affect the
valIdity of the remaInIng portIons of the ordInance. The CIty
CouncIl hereby declares that It would have passed thIS
ordInance and each and every sectIon, subsectIon, sentence,
clause or phrase not declared Invalid or unconstitutIonal
WIthout regard to whether any portIon of the ordInance would
be subsequently declared InvalId or unconstItutIonal.
SECTION 5. The Mayor shall sign and
shall attest to the passage of thIS ordinance.
the CIty Clerk
The CIty Clerk
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shall cause the same to be publ1shed once 1n the off1c1al
newspaper w1thin 15 days after its adopt1on. The ordinance
shall become effect1ve 30 days from its adoption.
APPROVED AS TO FORM:
~ ~. ~ -~---
ROBERT M. MYERS u-
C1ty Attorney
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