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SR-8-A (44) , , y .-.. .-^'. ~" .../ -. !./" "... - .I~ ~ ,L\ \::> D TO B-A CA:RMM:rms044c Cltv Council Meetlna 1-28-86 . - j., ~ ( . "lit. Santa MonIca, CalIfornIa SUPPL~MENTAL STAFF REPORT TO: Mayor and CIty CounCIl FROM: CIty Attorney SUBJECT: OrdInance AmendIng Chapter 12 of ArtIcle VI of the MunIcipal Code RelatIng to Massage RegulatIon ThIS Staff Report transmIts proposed Supplemental reVISions to SectIon 62016 and SectIon 62014[e) of the proposed massage ordInance. On FrIday, January 28, 1986, a representative of the Massage School of Santa MonIca requested that the CIty Attorney consider includIng an addItIonal exemptIon In Sectlon 62016 of the proposed massage ordlnance. SectIon 62016 outlines a procedure by which members of certain organizations and assocIations may obtain a certifIcate of exemptlon from the Chief of Police The proposed addition to this SectIon would Include state certified instructors In massage. Based upon a reVIew of the procedures for state certIfIcation of massage Instructors, the CIty Attorney belIeves that an exemptIon for persons who have obtaIned state certIfIcation to teach massage IS appropriate AccordIngly, the follOWing proposed modIfication to SectIon 62016 Includes thIS new exemptIon: 1 AJI> -r' f.A- - ~ 8 1& , T ) SECTION 62016. Professionals. (a) Except as provIded for In thIS SectIon, the provIsIons of thIS Chapter shall not be deemed applIcable to any Exemotlon for Other person who obtaIns an exemptIon certIfIcate In accordance wIth the proVisIons of thIS Section. (bl In order to be elIgIble for an exemptIon certIfIcate) a person must have been Issued a CertIfIcate of AuthorIzatIon for SerVIce as an Instructor In Massage pursuant to CalIfornia EducatIon Code SectIon 94311fd){3) or be be a member of a professIonal organIzation or assOCIation whIch the Chief of PolIce determines meets each of the following reqUIrements: r 1) The organizatIon or assocIatIon reqUIres that Its members meet mInImum educatIonal reqUIrements. The educatIonal least 300 reqUIrements must classroom hours, Include at or Its eqUIvalent, In Anatomy, HygIene, SanItatIon, Massage PhYSIOlogy, Theory and PractIce, EthICS of Massage PractIce, First AId and CPR. 2 '~ .I (21 The organIzatIon or aSSOCIatIon requIres that a test be passed In order to obtaIn membershIp. The test must be conducted In a faIr and ImpartIal manner and meet or exceed the testIng requIrements of SectIon 62007. (31 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. fc1 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 If the applIcatIon for exemptIon IS based Issued upon the the person havIng been necessary CertIfIcate of AuthorIzation for SerVIce as an Instructor, the applIcatIon for exemptIon shall be approved or denIed wIthIn 10 days of the fIlIng of the applIcatIon. If the 3 , . ~ applIcatIon for exemptIon IS based upon membershIp In a qualIfIed organIzatIon or aSSOclatlon~ 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 Sectlon/ or WIthIn 60 days If no such det@rmlnatlon has been made. fd} 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 15 engaged In any massage actIVIty. (el At such tImes as the ChIef of PolIce deems approprIate, under thIS SectIon may persons exempt be requIred to verIfy that he or she contInues to be entItled to an exemptIon under thIS SectIon. (fl The exemptIon certifIcate shall be deemed revoked and of no further force or effect on the date on WhICh the person's CertIfIcate of AuthorIzatIon for SerVIce as an Instructor In Massage pursuant to CalIfornIa EducatIon Code 4 . ~ / SectIon 94311(dl(31 has expired or been suspended or revoked or the person IS no longer a member In good standing of the organlzatlon or aSSociatIon entitling the person to an exemptlon under thiS Section. (g) No operator's permlt 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 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 declslon of the Chief of Police under thiS Sectlon In the time and In the manner set forth In Section 6124 ~t seq. of thIs Code. (1) An person exempt under thiS Section shall not be requlred to obtain a pollce permit pursuant to Section 6120. In addItIon) subdiVISion ee) of Section 62014 should be amended to read as follows: (e) renewed. No suspended permit may be If a suspended permIt lapses durlng the suspenSIon perIod, a new 5 '.. J applIcatIon may be approved to be effectIve only upon the expiratIon of the perIod of suspenSIon. ThIS reVISIon IS IdentIcal to an oral reVISIon made at the November 26, 1985, publIC hearIng, but WhICh was Inadvertently omItted from the ordInance. RECOMMENDATION It IS respectfully recommended that the proposed ordInance amendIng Chapter 12 of ArtIcle VI of the MunICIpal Code be Introduced for fIrst readIng WIth the modIfIcatIons of SectIon SectIon 62014(e) and SectIon 62016 as set forth In thIS Supplemental Staff Report. PREPARED BY: Robert M. Myers, CIty Attorney 6