Loading...
SR-0 (39) " e ;267-$-0/7 CA:SSS:SC:bl Counell Beetlng 07-22-80 Santa Monlea, Callfornla STAFF RepORT TO: Mayor and Clty Councll FROll: Clty Attorney SUBJEC'I': Ordlnance Repeallng and Relntroduclng Massage Parlor Licensing Law INTRODUCTION ThlS report ~ransmlts for relutroductlon revlsed emergency and regular ordlnances amending the massage parlor llcenslng law. Faced wlth the necesslty of aMendlng the law before the July 1, 1980, deadline for buslness llcenses, Emergency Ord1nance No. 1161 was adopted and a regular ordlnance lntroduced for flrst readlng on June 25, 1980. Regular Ordlnance No. 1165 was adopted, as a~ended, after second readl~g on July 8, 1980. It was noted upon second readlng, however, that effectlve lmpleMentatlon of the new competency test requlrement for a masseurts permit would necessltate reV1Slon of the appllcatlon fees to cover the cost of admlnlsterlng the test and of the appllcation process to permlt recelpt of the fee by the Clty prlor to testlng. Accordlngly, the Couuell dlrected that new energency and regular ordlnanees lncorporatlng the revlsed fee schedule and appllcatlon process be relntroduced at the July 221 1980 meetlng. In addit~onr subsequent discusslon wlth Messrs. Lopez and Brown of the Pollce Department have demonstrated the need to flll the gap left by the deletlon of the "good moral character" -- permit requlrement by the addltlon of more speclflc conduct requlrements for obtainlng and retalnlng pollce permlts. In order to accompllsh all of these changes in a clear and convenlent nanner, It was consldered preferable to repeal the eXlstlng ~assage parlor llCenSJng law, as aMended by Emergency Ordlnance No. 1161 and Ordlnance No. 1165, and to introduce new e~ergency and regular ordlnances reenactlng the massage parlor licenslng law In its entlrety as a slngle unifled ordlnance. Agaln, for convenience, the proposed ordinance has been renumbered. The following analysls wlll dlSCUSS only those changes ln the proposed massdge parlor llcenslng law WhlCh were not pre- vlously contalned In E~ergency Ordlnance No. 1161 and Ordinance No. 1165. A:--JALYSIS 1. Two addltlonal grounds for denlal of an operator's perrnlt have been added to Sectlon 62003, WhlCh grounds are also appllcable to denlal of a masseur's perrnlt pursuant to Sectlon 62005 of the proposed ordlnance. Under Sectlon 62003 A(3) of the proposed ordlnance, a permlt may be denled If ~he applicant or any person who wlll be directly engaged or employed in the ~assage parlor operatlon has cO~ltted an act WhlCh, If done by a permittee under the law~ would be grounds for suspenslon or revocatlon of the permlt; under Sectlon 62003 A(4) , a permlt nay be den led If such person nas cOmTIltted a~ act lnvolvlng olshonesty, fraud, or decelt, or an act of vlolence, VhlCh is substantially -2- the C~ty w~ll have recelved a sum sufflclent to pay the costs of aamlnlsterlng the exa~lnatlon before these costs are lncurred. (An additional fee In an as yet undeterm~ned amount ~s to be requlred lf retesting lS necessary.) The followlng procedure is speclfled: The appllcant wlll submlt an appllca- tlon and the appllcatlon fee to the Pollce DepartMent WhlCh wlll, after lnvestlgatlon, inform the appllcant either that the permlt wlll be granted pendlng satisfactory completlon of the examlnatlon, or denled on one of the grounds specifled ln the ordlnance. At that pOlnt, dependlng on the declsion of the Department, the appllcant will either take the examlnatlon or may appeal frOM an adverse declslon denYlng the permlt. If the appllcant does not take the exa~lnatlon, the approprlate portlon of the $175 appllcatlon fee wlll be refunded. 4. An addltional conditlon has been added to the masseur's permit requirlng that, ln the event a perMlt holder changes his or her work locatlon, lt wlll be necessary wlthln one week for the permit holder to obtaln a new photo ldentificatlon card from the Police Department at a cost of $10 (Sectlon 62005 C(2)). 5. Sectlon 62010, regarding the duratlon of permits, has been aMended to provide that permlts wlll be lssued on the basls of the flscal, rather than the calendar, year. This accords wlth present practlce. The grounds for refusing to renew or for suspendlng or revoking an eXlst1ng per~lt have been amended to lncorporate the standards set forth In Sectlon 6120 and 6123 of the Munlcipal Code. -4- e e IlWL:rr-!E:;rTA TION Competency Test - It 15 antlclpated that the Clty wlll enter luto a contract wlth the County Department of Health to admlnis- ter and grade the com?etency examlnation for a nasseur's permit. A copy of a draft contract patterned on the contract between the City of Los Angeles and the County 1S attached for your conslderatlon and approval. It provldes basically that the County wlll admlnlster tests, as requlred, but at least once a month, for a fee of $125 per examlnatlon to be billed quarterly to the Clty. If thlS form lS acceptable, a flnal contract will have to be negotlated wlth the County Board of Supervlsors. It has been suggested that we handle the lOglStlCS of the contract negotlatlon by asklng Supervlsor Yvonne Bralthwalte Burke to a?prove and then sponsor the contract. Llcenslng Procedure - In accordance with present procedure, the Llcensing Department wlll collect llcenslng fees pursuant to SeetloD 6240 of the HUDlclpal Code from those \.nshlng to ooerate a massage parlor and fron those seeking a masseur's pernlt, and wlll lssue eondltlonal llcenses pend1ng the securlng of a pollce permlt pursuant to the proVlslons of the ordJ..nance. Certaln problens have ar1sen with respect to the appllcation of the proposed ordlnance to persons holding pernJ..ts at the tlMe Emer~ency OrdJ..nance No. 1161 went lnto effect. ~hese persons arguably cone wlthln the term of the slx-mor,th exemption for eXlstlng permlt holcers (Sectlon 62010 of -6- ... e e Ordlnance No. 1161, Sectlon 62011 of the proposed ordlnance), even though they subsequently applled for and were denled renewal pernlts. (A change has been made ln the proposed ordlnance to provlde that the exemptlon wl11 apply only to eXlstlng permlttees who otherWlse quallfy for permlt renewal.) There is a further problem concernlng whether, as to such persons, the commlSSlon of an "1l11r.loral" act lS grounds for refusing to renew a permlt pursuant to Section 6120 of the Munlcipal Code. It lS proposed that the Clty Attorney's office conslder these and related questlons concernlna the standards appllcable to pendlng appllca- tlons ror per~lt renewal and develop, wlth the Llcense Revlew Board, a POllCY for deallng wlth these cases ad~lnistratlvely. (See attached lnformatlon ltem and memorandum.) ALTERclAT IVE S There lS no exenptlon contalned In the ordlnance for buslnesses, such as acupressure centers, WhlCh ~ay fall wlthln the statutory deflnltlon of massage, but may not requlre the sane klnd of regulatlon. Hlth respect to such buslnesses, the requirements of the ordlnance, partlcularly those regulatlng facllitles, ~ay be onerous and uncalled for. The Councll may wlsh to consider lnclusion of some klnd of varlance procedure WhlCh would per~lt exemptlons to be granted adminlstratlvely on a case by case basis. -7- tit e RECOHHENDATIm~ It ~s respectfully subm~tted that the attached e~ergency ordinance be approved and the regular ord~nance ~ntroduced for f~rst read~ng and publ~c hear~nq ~n ~ts present form, and that the C~ty l1anager be author~zed to execute the attached Agreement between the C~ty and the County Department of Health Serv~ces. Prepared by: Stephen Shane Stark, Act~ng C~ty Attorney Susan Carroll, Deputy C~ty Attorney -8-