SR-05-12-2009-7B~~+
c;tvor City Council Report
Santa Monica
City Council Meeting: May 12, 2009
Agenda Item: ~" -~
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To: Mayor and City Council
From: Marsha Jones Moutrie, City Attorney
Subject: Proposed Ordinance Extending Existing Massage Technician Permits
Recommended Action
Staff recommends that the City Council introduce for first reading the attached
ordinance extending existing Massage Technician Permits from June 30 to August 31,
2009.
Executive Summary
The attached, proposed ordinance would add section 6.104.055 to Chapter 6:104 of.the
Santa Monica Municipal Code, which contains the City's massage regulations. The new
section will extend existing Massage Technician Permits for two months, at which time
Massage Technicians will be subject to newly adopted state requirements.
Background
In 2008, the State of California adopted Senate Bill 731, which was codified in Chapter
10.5 (commencing with Section 4600) of Division 2 of the California Business and
Professions Code, and regulates massage therapy. The new State law, which goes into
effect on September 1, 2009; imposes different certification requirements on massage
technicians.
Discussion
Since current massage technician permits are set to expire on June 30, 2009, massage
technicians will have to renew their City-issued permits in order to continue to practice
massage from July 1 through August 31, 2009. The permit renewal process requires a
massage technician, at his or her own considerable expense, to undergo a physical
examination to certify that he or she is free from all communicable diseases.
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This Ordinance is being proposed by Legal, Police and Finance Staff in order to allow
massage technicians in the city to avoid the undue expense associated with renewal of
a massage technician permit by June 30, 2009, as massage technicians will be subject
to different certification requirements and an additional licensing process in September,
when the proposed ordinance and the new State regulations go into effect.
Financial Impacts
The Revenue Division has determined that adoption of this Ordinance would not have
any budget impacts
Alternatives
If the City Council does not adopt this Ordinance, all Massage Technicians will be
required to renew their Massage Technician Permits by or before June 30, 2009 and will
then need to recertify two months later.
Prepared by: Roger C. Rees, Deputy City Attorney
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Approved: Forwarded to Council:
City Council Meeting: Santa Monica, California
ORDINANCE NUMBER (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ADDING SECTION 6.104.055 TO THE SANTA MONICA MUNICIPAL CODE,
EXTENDING EXISTING MASSAGE TECHNICIAN PERMITS FOR TWO MONTHS
WHEREAS, the California Legislature has adopted Senate Bill No. 731, which
will go into effect on September 1, 2009, and will require changes to Chapter 6.04 of the
Santa Monica Municipal Code relating to massage regulations; and
WHEREAS, City staff will prepare a proposed ordinance to amend Chapter 6.104
of the Santa Monica Municipal Code to comply with Senate Bill No. 731; and
WHEREAS, in the meantime, massage technician permits will expire on June 30,
2009; and
WHEREAS, unless the Santa Monica Municipal Code is amended, massage
technicians will need to obtain a new massage technician permit on or before June 30,
2009, and may need to obtain another when State law changes; and
WHEREAS, renewing a massage technician permit is burdensome because in
order to renew a massage technician permit, a massage technician must undergo a
physical examination, at his or her own considerable expense, to certify that he or she is
free from all communicable diseases; and
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WHEREAS, this Ordinance is necessary to avoid the undue expense associated
with renewal of a massage technician permit by June 30, 2009, as massage technicians
will be subject to different certification requirements when the proposed ordinance and
the new State regulations go into effect.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 6.104.005 is hereby added to Chapter 6.104 of the Santa
Monica Municipal Code to read as follows:
Section 6.104.055. Extension of Existing Massage
Technician Permits.
Any Massage Technician Permit set to expire on June
30, 2009, shall instead expire on August 31, 2009, unless
earlier suspended or revoked pursuant to this Chapter.
SECTION 2. 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 effect the provisions of this Ordinance.
SECTION 3. 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 this Ordinance. The City Council hereby declares that it would
have passed this Ordinance and each and every section, subsection, sentence, clause,
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or phrase not declared invalid or unconstitutional without regard to whether any portion
of this Ordinance would be subsequently declared invalid or unconstitutional.
SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. The City Clerk shall cause the same to be published once in the
official newspaper within 15 days after its adoption. This Ordinance shall become
effective 30 days from its adoption.
APPROVED AS TO FORM:
S~
M RSHA~ NES MO TRIE
C Attor e
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