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O2289City Council Meeting: 5-26-2009 Santa Monica, California ORDINANCE NUMBER z2s9 (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 1 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 6.104.055 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inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.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, 2 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: MA SHA J ES MO RIE Cit Attorn 3 Approved and adopted this 26th day of May, 2009. Ken Genser, ayor State of California ) County of Los Angeles) ss. City of Santa Monica ) I, Maria Stewart, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 2289 (CCS) had its introduction on March 24th, 2009, and was adopted at the Santa Monica City Council meeting held on May 12th, 2009, by the following vote: Ayes: Council members: Davis, Holbrook, McKeown, Shriver Mayor Genser, Mayor Pro Tem O'Connor Noes: Council members: None Abstain: Council members: None Absent: Council members: Bloom A summary of Ordinance No. 2289 (CCS) was duly published pursuant to California Government Code Section 40806. ATTEST: AR.~~~ Maria Stewart, City C rk