SR-8-A (44)
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Cltv Council Meetlna 1-28-86
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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:
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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.
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(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
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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
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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
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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
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