HomeMy WebLinkAboutAGENDA REPORT 2011 0202 CC REG ITEM 08AMOORPARK CITY COUNCIL
AGENDA REPORT
ITEM 8.A.
City Council lifeeting
OL- a- a -a0/I
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A0 Anya a lfyd,
Agumad&aigi:fnA 4--t,
TO: Honorable City Council
FROM: David A. Bobardt, Community Development r for
Prepared by: Joseph Fiss, Principal Planner
DATE: January 13, 2011 (CC Meeting of 2/2/2011)
SUBJECT: Consider an Ordinance Replacing Chapter 5.48 Massage
Establishments and Therapists, of Title 5 Business Taxes, Licenses
and Regulations; and Amending Section 17.08.010 Application of
Definitions of Chapter 17.08 Definitions, and Section 17.20.060
Permitted Uses in Commercial and Industrial Zones of Chapter 17.20
Uses by Zone, of Title 17 Zoning, of the Moorpark Municipal Code
BACKGROUND /DISCUSSION
On November 30. 2010, the Planning Commission adopted Resolution No PC -2010-
560, recommending to the City Council approval of an ordinance amending the City's
regulations on massage establishments and therapists by replacing Chapter 5 48 in its
entirety and amending definitions and the use matrix in the Zoning Ordinance This
Planning Commission action was in response to Council direction in Resolution No.
2010 -2898 to provide a recommendation on changes to the City's massage regulations
to be consistent with SB 731, enacted by the State on September 27, 2008. A full
analysis of the proposed changes to the Municipal Code is provided in the attached
Planning Commission agenda report and fact sheet from the California Massage
Therapy Council (CAMTC). The prior Ordinance No. 387 extended the current
moratorium on massage permits through April 20, 2011
Staff has drafted a proposed ordinance (attached), and it has been reviewed and
approved by the City Attorney The legislative format in Exhibit A of the attached
ordinance is for ease of reading and will not be shown in the final ordnance when
adopted.
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Honorable City Council
February 2, 2011
Page 2
FISCAL IMPACT
Additional costs related to the processing of massage licenses would be paid for by the
applicant through license fees A resolution to adopt massage license fees is would be
presented at a future City Council meeting if this draft ordinance is introduced
STAFF RECOMMENDATION
1. Open the public hearing, accept public testimony and close the public hearing.
2. Introduce Ordinance No for first reading, waive full reading, and schedule
second reading and adoption for February 16, 2011
3 Direct staff to prepare for Council consideration a resolution establishing fees for
massage business licenses.
ATTACHMENTS-
1. Planning Commission Agenda Report (w /o attachments)
2. CAMTC Fact Sheet
3. Draft Ordinance in Legislative Format
2
s
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: David A. Bobardt, Community Development it ctor ji
Prepared by Joseph Fiss, Principal Planner
DATE: November 9, 2010 (Special PC Meeting of 11/30/2010)
SUBJECT: Consider Resolution Recommending to the City Council Approval of an
Ordinance Replacing Chapter 5.48 Massage Establishments and
Therapists, of Title 5 Business Taxes, Licenses and Regulations in its
Entirety; and Amending Section 17.08.010 Application of Definitions of
Chapter 17.08 Definitions, and Section 17.20.060 Permitted Uses in
Commercial and Industrial Zones of Chapter 17.20 Uses by Zone, of
Title 17 Zoning, of the Moorpark Municipal Code
BACKGROUND/ DISCUSSION
On December 5, 2007, the City Council adopted Ordinance 366, amending Title 5 of the
Moorpark Municipal Code. Among other changes, this ordinance included comprehensive
changes to Chapter 5.48, regulations for massage establishments and massage therapists.
On September 27th, 2008, SB 731, a consumer protection bill, was signed into California
law. Effective September 1, 2009, SB 731 provides for voluntary statewide certification of
massage therapists and restricts local regulation of massage establishments and massage
therapists or practitioners that are certified by the California Massage Therapy Council
(CAMTC). Local jurisdictions can continue to regulate uncertified massage establishments
and massage therapists or practitioners. A fact sheet issued by the CAMTC regarding
local authority of massage establishments and therapists or practitioners is attached.
Under the provisions of SB 731, the City is limited in its ability to regulate massage
establishments with therapists certified by the CAMTC. In addition to reasonable health
and safety requirements, the City can adopt land use and zoning requirements for
massage establishments provided that the requirements are no different than those
uniformly applied to other professional or personal services businesses, and can require up
to date proof that all staff providing massages are currently certified by the CAMTC. In
order to obtain certification, massage therapists and practitioners must complete a
minimum number of hours of education in massage theory, techniques, anatomy,
physiology, ethics and other core curriculum. Applicants for state certification also undergo
CC ATTACHMENT 1 3
Honorable Planning Commission
November 30, 2010
Page 2
criminal background checks including fingerprints. The CAMTC is authorized to investigate
the certificate of completion of questionable schools and reject those it determines to be
fraudulent, and can also discipline certificate holders through probation, suspension,
revocation, or other means it deems proper.
On April 21, 2010, the City Council adopted an interim urgency ordinance making findings
and establishing a 45 -Day moratorium on permitting new massage establishments and,
adopted a resolution directing the Planning Commission to study, hold a public hearing,
and provide a recommendation on an ordinance amending Chapter 5.48 Massage
Establishments and Therapists, of Title 5 Business Taxes, Licenses and Regulations, and
Section 17.20.060, Permitted Uses in Commercial and Industrial Zones, of Title 17 Zoning,
of the Moorpark Municipal Code. On May 19, 2010 the City Council adopted an interim
ordinance extending the moratorium on new massage establishments by 10 months and
15 days, to April 20, 2011 and issued a report on the measures taken to alleviate the
conditions which led the city to enact the moratorium.
Staff has drafted a proposed ordinance (attached), and it has been reviewed and approved
by the City Attorney. The draft ordinance is attached to the draft Planning Commission
resolution in legislative format. The Planning Commission is being asked to review this
ordinance because of the land use implications that affect Title 17 (Zoning).
The changes and additions to the Municipal Code are as follows (Since the amendments to
the code required reordering and renumbering of sections, the new code section numbers
are provided):
5.48.010 Purpose: This section describes the purpose and authority of Chapter
5.48, Massage establishments and therapists.
5.48.020 Definitions: The definitions have been expanded and clarified in order to
be consistent with SB 731. Clarifies what constitutes a "massage business" or
"establishment". This section provides definitions for establishments, sole
proprietors, and independent contractors, as well as employees, practitioners, and
therapists.
5.48.030 Required MTO certificate and massage business license: This section has
been amended to reflect the new requirement for licensing for "massage
businesses" and "establishments" and eliminating the permitting requirements for
individuals. Establishments, sole proprietors, and independent contractors must
obtain a massage business license. Employees providing massage services must
be certified by the CAMTC.
5.48.040 Exceptions: The exceptions have been expanded and clarified in order to
be consistent with SB 731. Exceptions generally apply to practitioners of other
professions where massage techniques may be used as part of those practices,
such as medical or cosmetic fields.
\knor_pn_serv\Department ShareCommunity Development\DEV PMTS\Z O A\2010\02- Massage\PC Agenda Report 101130 doc
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Honorable Planning Commission
November 30, 2010
Page 3
5.48.050 Massage business license: This section has been amended to detail
licensing processes for "massage businesses" and "establishments ".
5.48.060 License Renewal: This section provides the process for renewing,
massage business licenses.
5.48.070 Suspension or revocation: This section provides the process for
suspending or revoking massage business licenses.
5.48.080 Appeals: This section provides the process for appealing decisions
related to revocation, suspension, denial, or approval with conditions of massage
business licenses.
5.48.090 Massage facilities and operational regulations: This section provides for
the minimum development and operational standards of massage facilities, as
permitted by SB 731.
5.48.100 Prohibited conduct: This section describes what conduct is specifically
prohibited under a massage business license.
5.48.110 Change of business: This section provides the process for transferring a
massage business license to another person or persons.
5.48.120 Inspections: This section describes the rights and responsibilities of
regulatory agencies to periodically enter massage establishments for reasonable
inspections.
5.48.130 Violations and penalties: This section describes the City's right to enforce
violations of Chapter 5.48.
17.08.010 Application of definitions: This section of the zoning code has been
amended to reflect current definitions of what constitutes a "Personal service
establishment ". SB 731 requires that, for land use classification purposes, massage
establishments are considered the same as any other personal service
establishment.
17.20.060 Permitted uses in commercial and industrial zones: Section A(10),
"Massage, therapeutic, when in compliance with Chapter 5.48" has been removed
as its own use category with the following sections renumbered. Section A(21)
(formerly A(22)) "Retail shops and services" has been changed to read "Retail
shops and personal service establishments ", and, "massage businesses or
establishments in compliance with Chapter 5.48" has been added to Number C(3),
consistent with the updated ordinance, definitions, and SB 731.
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Honorable Planning Commission
November 30, 2010
Page 4
ENVIRONMENTAL DETERMINATION
In accordance with the City's environmental review procedures adopted by resolution, the
Community Development Director determines the level of review necessary for a project to
comply with the California Environmental Quality Act (CEQA). Some projects may be
exempt from review based upon a specific category listed in CEQA. Other projects may be
exempt under a general rule that environmental review is not necessary where it can be
determined that there would be no possibility of significant effect upon the environment. A
project which does not qualify for an exemption requires the preparation of an Initial Study
to assess the level of potential environmental impacts.
Based upon the results of an Initial Study, the Director may determine that a project will not
have a significant effect upon the environment. In such a case, a Notice of Intent to Adopt
a Negative Declaration or a Mitigated Negative Declaration is prepared. For many projects,
a Negative Declaration or Mitigated Negative Declaration will prove to be sufficient
environmental documentation. If the Director determines that a project has the potential for
significant adverse impacts and adequate mitigation can not be readily identified, an
Environmental Impact Report (EIR) is prepared.
The Community Development Director has reviewed this project and found it to qualify for a
General Rule Exemption in accordance with Section 15061 of California Code of
Regulations (CEQA Guidelines). No further environmental documentation is required.
STAFF RECOMMENDATION
Open the public hearing, accept public testimony and close the public hearing.
2. Adopt Resolution No. PC -2010- recommending to the City Council approval of
an Ordinance replacing Chapter 5.48 Massage Establishments and Therapists, of
Title 5 Business Taxes, Licenses and Regulations in its entirety; and amending
Section 17.08.010 Application of definitions of Chapter 17.08 Definitions, and
Section 17.20.060 Permitted uses in commercial and industrial zones of Chapter
17.20 Uses by Zone, of Title 17 Zoning, of the Moorpark Municipal Code.
ATTACHMENTS:
1. CAMTC Fact Sheet
2. Draft PC Resolution with Draft Ordinance in Legislative Format
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SB 731 FACT SHEET
SB 731 MEETS STANDARDS CURRENTLY ESTABLISHED BY CITIES AND
COUNTIES AND WILL ALSO BENEFIT CITIES AND COUNTIES:
I. SB 731 Meets Standards Established by Cities and Counties:
• Applicants for state certification will undergo criminal background checks including
fingerprints. (Section 4601.3(a)). The CAMTC is mandated to request subsequent arrest
notification service from the Department of Justice for all applicants for licensure for
whom fingerprints are submitted. (Section 4601.3(d)).
• The CAMTC will be authorized to investigate the certificate of completion of
questionable schools and reject those it determines to be fraudulent. (Section 4601(g)( I )
and (2)).
• The CAMTC will be authorized to discipline certificate holders through probation.
suspension, revocation, or other means it deems proper. (Section 4601(a)).
• The CAMTC will be required to permanently revoke the certificate of anyone violating
subdivision (b) of Section 647 of the Penal Code of any offense described in subdivision
(h) of Section 4603. The law requires the CAMTC to immediately suspend the
certificate, notify the certificate holder and any business employing the certificate holder
of such suspension. Upon notice that the charges have resulted in a conviction, the
CAMTC has authority to revoke the certificate. (Section 4602(c)).
The CAMTC will be authorized to deny or revoke certificates for unprofessional
conduct, including, but not limited to, denial of licensure, revocation, suspension,
restriction, or any other disciplinary action against a certificate holder by another state or
territory of the United States, by any other government agency, or by another California
health care professional licensing board. A certified copy of the decision, order, or
judgment shall be conclusive evidence of these actions. (Section 4603(a)).
The CAMTC may also deny or revoke a certificate for the following: procuring a
certificate by fraud, misrepresentation, or mistake; violating or attempting to violate,
directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate,
any provision or term of this chapter or any rule or bylaw adopted by the organization;
conviction of any felony, or conviction of a misdemeanor that is substantially related to
the qualifications or duties of a certificate holder, in which event the record of the
conviction shall be conclusive evidence of the crime; impersonating an applicant or
acting as a proxy for an applicant in any examination referred to under this chapter for the
issuance of a certificate; impersonating a certified practitioner or therapist, or permitting
or allowing an uncertified person to use a certificate, committing any fraudulent,
dishonest, or corrupt act that is substantially related to the qualifications or duties of a
certificate holder; committing any act punishable as a sexually related crime. (Section
4603(a)-(h)).
CC ATTACHMENT 2
• It is an unfair business practice to state that one is certified, registered or licensed by a
governmental agency (the CAMTC will be a private not - for - profit with legislative
oversight) as a massage therapist or practitioner. (Section 4605).
• It is an unfair business practice for any person to hold oneself out or use the title of
"certified massage therapist" or "certified massage practitioner" or any other term, such
as "licensed," "registered," or "CMT." that implies or suggests that the person is certified
as a massage therapist or practitioner without meeting the requirements of the law.
(Section 4606).
11. SB 731 Allows Cities and Counties to Know Who is Practicing in Their Jurisdiction:
SB 731 gives the CAMTC broad authority to share information with local authorities.
The CAMTC is authorized to provide to local authorities information concerning a
certificate holder, including but not limited to, the current status of the certificate holder,
address of the certificate holder (home and work), history of disciplinary actions against
the certificate holder (including revocation), and any other information necessary to
verify facts relevant to administering a local ordinance (Section 4602.5(a)).
• The CAMTC must also accept information provided by local authorities, and has a
responsibility to review information received and take action warranted by that
information. (Section 4602.5(b)).
• The CAMTC is required to request subsequent arrest notification service from the
Department of Justice for all applicants for licensure. (Section 4601.3(d)). The CAMTC
can share this information with local authorities, as stated above.
111. Important Authority Retained by Cities and Counties under SB 731
Cities and counties retain authority over any person not certified pursuant to SB 731.
(Section 4613(a)).
SB 731 specifies that the superior court in and for the county in which any person acts
as a massage practitioner or massage therapist in violation of the provisions of this
chapter, may, upon a petition by any person, issue an injunction or other appropriate
order restraining the conduct. The proceedings under this paragraph shall be governed by
Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil
Procedure. (Section 4607).
A city or county may adopt reasonable health and safety requirements with respect to
massage establishments or businesses, including, but not limited to:
✓ Cleanliness of rooms
✓ Cleanliness of towels and linens
✓ Reasonable attire and personal hygiene requirements
(Section 4612(b)(6)).
• A city or county may require an applicant for a business license to operate a massage
establishment to fill out an application providing relevant information and make
reasonable investigation into the information provided. (Section 4612(b)(7)).
• Local authorities can deny or restrict a business license if the applicant has provided
materially false information (Section 4612(b)(7).
Z
• The owner /operator of a massage establishment is responsible for the conduct of all
employees or independent contractors working on the premises. Local authorities can
still suspend, revoke or otherwise restrict the license issued to a massage establishment
for violations of SB 731 or local ordinances. (Section 4612(c)).
Local authorities may have and enforce an ordinance that is applicable to massage
businesses or establishments that provides duly authorized officials of the city or county
the right to conduct reasonable inspections during regular business hours, to ensure
compliance with this chapter, the local ordinance, or other applicable fire and health and
safety requirements. Such ordinances may require an owner or operator to notify the city
or county of any intention to rename, change management, or convey the business to
another person. (Section 4612(d)).
• Local authorities may require a massage establishment to maintain on its premises for
review evidence demonstrating that all persons providing massage services are certified.
A local authority may require a business to file copies or provide other evidence of the
certificates held by persons providing massage services at the business. Section
4612(b)(2)(A) -(R).
• Cities and counties may adopt land use and zoning requirements applicable to massage
establishments provided that the requirements are no different than those uniformly
applied to other professional or personal services businesses. (Section 4612(b)((4)).
N. Restrictions on Local Authorities
Local authorities cannot have land use and zoning requirements applicable to massage
establishments that are not also applied to other professional or personal service
businesses. (Section 4612(bx4)).
Local building code or physical facility requirements applicable to massage
establishments cannot:
✓ Require additional restrooms, showers or other facilities that are not
uniformly applicable to other professional or service businesses
✓ Require unlocked doors when there is no staff available to assure security for
clients and staff behind closed doors
✓ Require windows that provide a view into massage rooms
(Section 4612(b)(5)).
Local authorities cannot adopt ordinances that impose additional qualifications, such as
medical examinations, background checks or other criteria, upon anyone certified by the
CAMTC.
0
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, REPLACING IN ITS ENTIRETY
CHAPTER 5.48 MASSAGE ESTABLISHMENTS AND
THERAPISTS, OF TITLE 5 BUSINESS TAXES, LICENSES AND
REGULATIONS, AND AMENDING SECTION 17.08 010
APPLICATION OF DEFINITIONS OF CHAPTER 17.08
DEFINITIONS, AND SECTION 17 20.060 PERMITTED USES IN
COMMERCIAL AND INDUSTRIAL ZONES OF CHAPTER 1720
USES BY ZONE, OF TITLE 17 ZONING, OF THE MOORPARK
MUNICIPAL CODE
WHEREAS, on April 21, 2010, the City Council adopted Resolution No. 2010-
2898, directing the Planning Commission to study, hold a public hearing, and provide a
recommendation to the City Council on an amending Chapter 5.48 Massage
Establishments and Therapists, of Title 5 Business Taxes, Licenses and Regulations,
and Chapter 17.08 Definitions, and Chapter 17.20 Uses by Zone, of Title 17 Zoning, of
the Moorpark Municipal Code.
WHEREAS, Ordinance No. 387 was adopted on May 19, 2010, making findings
and extending a temporary moratorium on permitting new massage establishments
within the City of Moorpark, through and including April 20, 2011, and will no longer be
necessary; and
WHEREAS, at its meeting of November 30, 2010, the Planning Commission
conducted a duly- noticed public hearing on replacing in its entirety Chapter 5.48
Massage Establishments and Therapists, of Title 5 Business Taxes, Licenses and
Regulations; and amending Section 17.08.010 Application of definitions of Chapter
17.08 Definitions, and Section 17.20.060 Permitted uses in commercial and industrial
zones of Chapter 17.20 Uses by Zone, of Title 17 Zoning, of the Moorpark Municipal
Code, received public testimony on the proposed amendments, and after receiving oral
and written public testimony, closed the public hearing and recommended approval of
the proposed Moorpark Municipal Code amendments to the City Council; and
WHEREAS, at its meeting of February 2, 2011, the City Council conducted a
duly- noticed public hearing on replacing in its entirety Chapter 5.48 Massage
Establishments and Therapists, of Title 5 Business 1 axes, Licenses and Regulations,
and amending Section 17.08.010 Application of definitions of Chapter 17.08 Definitions,
and Section 17.20.060 Permitted uses in commercial and industrial zones of Chapter
17 20 Uses by Zone, of Title 17 Zoning, of the Moorpark Municipal Code, received
public testimony on the proposed amendments, and after receiving oral and written
public testimony, closed the public hearing and reached a decision;
WHEREAS, the City Council concurs with the Community Development
Director's determination that this protect is exempt from the provisions of the California
CC ATTACHMENT 3 10
Ordinance No
Page 2
Environmental Quality Act by the general rule that CEQA only applies to protects that
may have a significant effect on the environment
NOW, THEREFORE. THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1 GENERAL PLAN AND SPECIFIC PLAN CONSISTENCY. The
City Council finds the proposed amendments to the Moorpark Municipal Code to be
consistent with the City of Moorpark General Plan and all adopted Specific Plans.
SECTION 2 Chapter 5.48 Massage Establishments and Therapists, of Title 5
Business Taxes, Licenses and Regulations, of the Moorpark Municipal Code is replaced
in its entirety, as shown in Exhibit A
SECTION 3 Section 17 08 010 Application of definitions of Chapter 17.08
Definitions of Title 17 Zoning is amended by removing the definition of "Personal
services" and adding the definition of "Personal service establishment ", as shown in
Exhibit B.
SECTION 4 Section 17.20.060 Permitted uses in commercial and industrial
zones of Chapter 17.20 Uses by Zone of Title 17 Zoning is amended by replacing Table
17 20 060 PERMITTED USES IN COMMERCIAL AND INDUSTRIAL ZONES in its
entirety, as shown in Exhibit C.
SECTION 5. If any section, subsection, sentence, clause, phrase, part or
portion of this Ordinance is for any reason held to be invalid or unconstitutional by any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance The City Council declares that it would have
adopted this Ordinance and each section, subsection, sentence, clause, phrase, part or
portion thereof, irrespective of the fact that any one or more section, subsections,
sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional
SECTION 6. This Ordinance shall become effective thirty (30) days after its
passage and adoption
SECTION _7 The City Clerk shall certify to the passage and adoption of this
ordinance, shall enter the same in the book of original ordinances of said City, shall
make a minute of the passage and adoption thereof in the records of the proceedings of
the City Council at which the same is passed and adopted, and shall, within fifteen (15)
days after the passage and adoption thereof, cause the same to be published once in
the Ventura County Star a newspaper of general circulation, as defined in Section 6008
of the Government Code, for the City of Moorpark, and which is hereby designated for
that purpose
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Ordinance No.
Page 3
PASSED AND ADOPTED this day of February, 2011
Janice S. Parvin, Mayor
Maureen Benson, City Clerk
ATTACHMENTS -
Exhibit A: Proposed Amended Chapter 5.48
Exhibit B- Proposed Amendment to Section 17 08.010
Exhibit C: Proposed Amendment to Section 17.20.060
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Ordinance No _
Page 4
EXHIBIT A
Chapter 5.48 MASSAGE ESTABLISHMENTS AND THERAPISTS
5.48.010 Purpose.
5.48.020 Definitions.
5.48.030 Required Massage Therapy Organization certificate and business
Iicense.Q. errn*fs�eg i e
5 040 Kermit applic4tien fees
5.48. 040 Exceptions. 050- €xemptiens
5.48. 050 Massage business license.060 Massage establishment- permit
appl+satier,
648.070 Massage -therapistppermitappliGation
5.48.080 Approval or nisi of permits.
5.48. 060 License renewal.0904Rermit renewal
5.48. 070 1-00 Suspension or revocation.
5.48. 080 1-1-0 Appeals.
5.48. 090 Massage facilities and operational regulations.
120 Massage esta blishrne n- t-#as+Wreq�•u„reme
5.48.130 Massage establis heat -e
5.48. 100 140 Prohibited conduct.
5.48. 110 150- Change of business.
5.48. 120 140 Inspections.
5.48. 130 1-70 Violations and penalties.
Note
Lr er-ordinance history: Ord. 6.
5.48.010 Purpose.
The purpose of this chapter is to impose reasonable and necessary peFm*
requirements and restrictions to protect the health, safety and welfare of the citizens of
the city as authorized, by virtue of the state Constitution and Section 51030 et seq , of
the Government Code, to regulate massage establishments by imposing reasonable
standards relative to the education and experience of massage facility managers and
massage therapists and reasonable conditions on the operation of the massage
establishment
5.48.020 Definitions.
Unless the particular provision or the context otherwise requires, the definitions
and provisions contained in this section shall govern the construction, meaning, and
application of words and phrases used in this chapter.
13
Ordinance No.
Page 5
"Employee" means any and all persons, other than a massage therapist or
manager, who renders any service, with or without compensation, for the owner,
manager or agent of either an owner or manager of a massage establishment and who
has no physical contact with customers or clients. For purposes of this chapter, the term
"employee" shall include independent contractors.
"Home occupation massage" means a massage business conducted by a
licensed massage therapist from his or her residence accompanied by a required Home
Occupation Permit pursuant to Section 17.28.020(6) of the Moorpark Municipal Code.
"Manager" means the person(s) designated by the owner of the massage
establishment to act as the representative and agent of the owner in managing the day -
to -day operations with corresponding liabilities and responsibilities. Evidence of
management includes, but is not limited to, evidence that the individual has the power to
direct or hire and dismiss employees, control hours of operation, acts as a receptionist
who collects money for the business, keeps the books to track customers and cash
transactions, creates policy or rules, or purchase supplies. A manager may also be an
owner.
"Massage" or "massage therapy" means the application of various techniques to
the muscular structure and soft tissues of the human body, including but not limited to,
any method of pressure or friction against, stroking, kneading, rubbing, tapping,
compressing, pounding, vibrating, rocking or stimulating of external surfaces of the body
with hands or the aid of any apparatus or other appliances or devices, with or without
supplementary aids such as rubbing alcohol, liniment, antiseptic, oil, powder, cream,
lotion, ointment, or other similar preparations for any consideration or compensation.
pounding, v*brat*Rg or simulatiRg the e)deFRal paFts of the human body by any physiGal
liniment, anti6eptiG, Gil, powdeF, Gream, lation, ointment or other preparations.
,
"Massage business or establishment" means a business or establishment,
including a sole proprietor or independent contractor, that offers massage therapy within
the city, whether at a fixed place of business or at a location designated by the patron,
and also includes all businesses or establishments where massage therapy is provided
as an ancillary service such as clubs, gyms, day spas and professional offices where
such massage therapy is not otherwise exempt under this chapter.
.: -
..
_e• -
..
14
Ordinance No.
Page 6
"Massage practitioner" means any person who has been certified as a massage
practitioner and maintains a current and valid MTO certificate under the Message
Therapy Law.
"Massage therapist' means any person who has been certified as a massage
therapist and maintains a current and valid MTO certificate under the Message Therapy
Law. "Massage therapist" means any peFSOR WhO peFfeFR;s massage OR eXGhang
home GGGUpatien permit business, OF E)UtGall massage-.
"Massage Therapy Law" means Chapter 10.5 of Division 2 of the California
Business and Professions Code (beginning at Section 4600).
WTO" means the "Massage Therapy Organization" as defined and created
under the Massage Therapy Law. Such organization is currently known as the
"California Massage Therapy Council."
" MTO certificate" means a current and valid certificate issued by the MTO to a
massage practitioner or a massage therapist.
"Outcall massage therapy" means the performance of massage therapy at a
location designated by the patron and not at a fixed location massage business or
establishment.
"Owner" means (1) a sole proprietor of, (2) a general partner of, or (3) each
individual person who holds a 20 percent or greater ownership interest in, a massage
business or "OwneF" means the whose name(s) appears on
-• • • • •- -• - ffiv,rg • .•- .•
._
••
15
Ordinance No.
Page 7
"Specified criminal offense" means
(a) Within 5 years of the date of the filing of the application has pleaded guilty or nolo
contendere to, or been convicted in a court of competent iurisdiction of a misdemeanor
or felony crime involving sexual misconduct, including but not limited to (1) Chapter 1 of
Title 9 of the Penal Code (Sections 261 -269) relating to sexual crimes; (2) Chapter 8 of
Title 9 of the Penal Code (Sections 314 - 318.6) relatinq to indecent exposure, obscenity
and disorderly establishments; or (3) Penal Code Section 647(a) or (b) relating to
prostitution; or
(b) any similar offenses under the criminal code or penal of this state or any other states
or countries; or
(c) having permitted, through an act of omission or commission, an employee or agent
to engage in any type of moral turpitude or sexual misconduct offense listed in (a) or (b)
above (the conduct of the emplovee or anent. if such resulted in a conviction or a plea
of nolo contendere or guilty, will be considered imputed to the principal).
5.48.030 Required MTO certificate and massage business license.PeFiits
d.
A. Massage Businesses and Establishments.
1. No person may engage in, conduct or carry on, or permit to be engaged in,
conducted or carried on in any location within the city, a massage business or
establishment unless all persons providing massage therapy at or on behalf of the
massage business or establishment have a MTO certificate.
2. Each massage business or establishment operating within the city must obtain
and maintain a massage business license as provided in Section 5.48.050.
B. Massage Therapy. No person may engage in, conduct, carry on, or perform
massage therapy within the city unless such person has a MTO certificate.
16
Ordinance No.
Page 8
pill
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5.48.050 -040 Exceptions. Exemptions.
17
Ordinance No.
Page 9
The requirements of this chapter do not apply to:
A. Any physician, surgeon, chiropractor, osteopath, naturopath, podiatrist,
acupuncturist, physical therapist, registered nurse or vocational nurse duly licensed to
practice their respective profession in the state.
B. Any treatment administered in good faith in the course of the practice of any healing
art or profession by any person licensed to practice any such art or profession under the
California Business and Professions Code or any other law of the state.
C. Barbers, cosmetologists, estheticians, and manicurists licensed to practice their
respective profession under the laws of the state while performing activities within the
scope of their license, provided that such massage is limited solely to the neck, face,
scalp, feet, hands, arms, and lower limbs up to the knees, of their patrons.
D. State - licensed hospitals, nursing homes, and other state - licensed physical or mental
health facilities and their employees.
E. Persons who provide massage therapy to athletes or athletic teams, facilities or
events, so long as such persons do not practice massage therapy as their primary
occupation within the city.
F. Registered schools and their employees that provide massage therapy education or
training and their students in training, provided that such students perform massage
therapy only under the direct personal supervision of an instructor.
W
Ordinance No.
Page 10
5.48.060 -050 Massage business license. Massage establishment per
appl+sation.
19
Ordinance No.
Page 11
A. License Required. The owner of each massage business or establishment,
and any massage practitioner or massage therapist that desires to work as an
independent contractor at a fixed location massage business or establishment or who
desires to provide outcall massage therapy as an independent contractor, must obtain a
business license prior to commencing operation or providing any massage therapy and
must thereafter maintain a valid business license.
B. License Application. The application for a business license will be made in
coniunction with the application for a business registration under Chapter 5.08 of this
code. A nonrefundable fee set by city council resolution must accompany the
submission of each application. Each applicant for a massage business license must
provide the following additional information with the application:
1. Business, occupation or employment history of the owner for the three years
immediately preceding the date of the application.
2. The business license history of the owner, including whether such person, in
previously operating in this city or another city or state under license, has had such
license revoked or suspended, and the reason for such action.
3. Whether the owner has been convicted of or permitted any specified criminal
offense. If an owner does not have a MTO certificate, then the owner must provide a
Live Scan background check, not more than one - hundred and twenty days old.
4. The names and addresses of each massage practitioner and massage
therapist providing massage therapy at or on behalf of the business or establishment
and proof that each such practitioner or therapist has a MTO certificate.
5. Such other reasonable identification and information as the director
require in order to discover the truth of the matters required to be set forth in the
application.
C. Issuance or Denial of License.
20
Ordinance No.
Page 12
1. Upon receipt of a complete application, the community development director or
his or her designee shall verify the truthfulness of the application to determine whether
such license should be approved or denied, and will cause: (a) the inspection of the
proposed premises of any fixed location massage business or establishment, and (b)
the business license to be issued if all applicable requirements of this chapter and this
code are satisfied.
2. If the director finds that any of the applicable requirements of this chapter or
this code are not satisfied, including any conviction for or the permitting of a specified
criminal offense, or that the applicant has provided materially false information, the
application will be denied.
3. The decision of the director denying the business license application may be
appealed pursuant to the procedures set forth in Section 5.48.110 of this code.
D. Findings. The community development director or his or her designee must issue the
license as requested, unless he or she makes any of the following findings:
1. The applicant, if an individual, or any of the officers or directors of the
corporation, if the applicant is a corporation; or a partner, if the applicant is a
partnership, or a manager or member if a limited liability company or any person directly
engaged or employed in the massage establishment, has:
Been convicted of a specified criminal offense
b. Committed an act in another jurisdiction which, if committed in this
state, would have been a violation of law and, which, if done by a licensee under
this chapter, would be grounds for denial, suspension or revocation of the
license,
C. Been convicted of an act involving dishonesty, fraud, deceit or
moral turpitude or an act of violence, which act or acts are related to the
qualifications, functions or duties of the owner or manager within five (5) years
from the date of filing the application,
d. Not yet attained eighteen (18) years of age,
2. The applicant has made a false, misleading or fraudulent statement or
omission of fact to the city in the license application process: the application does not
contain all of the information required by Section 5.48.050:
21
Ordinance No.
Page 13
3. The massage establishment as proposed by the applicant does not
comply with all applicable laws, including, but not limited to, health, zoning, fire and
safes requirements and standards :'
4. If the application is denied for failure to comply with subsection (3) of this
section, the applicant may not reapply for a period of one (1) year from the date the
application was denied, at the same location.
E. Transfer of License Prohibited. Upon the sale or transfer of any interest in a
massage business or establishment, the business license will become void. The person
acquiring the interest in a massage business or establishment must submit a new
business license application and receive approval of such license in accordance with
the provisions of this section.
F. Notification of Changes in Registered Massage Practitioners and Therapists. Each
licensee must submit to the Community Development Department the names and
applicable MTO certificate of any new massage practitioners or massage therapists not
Previously included in the list required under subsection (B)(4) above who are hired or
retained to provide massage therapy at or on behalf of the business or establishment
prior to such person commencing the provision of any massage therapy services. In
addition, any discharge or termination of the services of a massage practitioner or
massage therapist must be reported to the Community Development Department within
five business days of such event.
F.
M MM
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22
Ordinance No.
Page 14
NMI
or. AM MWOMM.
��w�.�:��•.i.�i�.���i w�.i.•i•.��u���� i �._���.�z.c r, LMM
23
Ordinance No.
Page 15
CAI
....-MMSEEIRTWIlu Mr.
24
Ordinance No.
Page 16
MENVA 'Iran WE
lip
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25
Ordinance No.
Page 18
27
Ordinance No.
Page 19
5.48.0960 Permit License renewal.
PeFF'*ts Licenses for massage establishments and massage practitioners or
massage therapists, including massage therapy sole practitioners or independent
contractors, shall be renewed on an annual basis provided the permit licensee
continues to meet the requirements as stated in this chapter. The renewal fee for
massage establishments and massage practitioners or massage therapists shall be set
by resolution of the city council. The permitteelicensee shall submit an application for
permi license renewal, which shall update any information that has changed from the
original application. Applications for renewal of a permitlicense shall be filed with the
community development director or his or her designee at least sixty (60) calendar days
before the expiration of the then current perreitlicense. Temporary permitlicenses will
not be issued for renewals. Any peFFni#eelicensee allowing his or her permitlicense to
lapse, or which permitlicense expires during a suspension, shall be required to submit a
new application and pay the corresponding original application fees. (Ord. 366 §Ex#:
€,2097)
5.48.IW070 Suspension or revocation.
A. The community development director or his or her designee may revoke
or suspend a massage establishment permit►icense or massage practitioner or massage
therapist permitlicense if any of the following are found that the permitteelicensee:
1. Does not possess the qualifications for the perm+tlicense as required by
this chapter;
Ordinance No.
Page 20
2. Has been convicted of any violation of the provisions of this chapter or any
lesser included offense;
3. Has made a material misrepresentation on the peFFni license application or
renewal; has engaged in conduct or operated the massage establishment or as a
massage therapist in a manner which violates any of the provisions of this chapter, any
conditions of the permitlicense, or any of the laws which would have been grounds for
denial of the pem+tlicense to be unfit to hold a perre+tlicense. Further, the
permitteelicensee shall be responsible for the acts or omissions of its employees and
massage therapists that are done in the course and scope of their employment by the
permitte licensee.
B. In any proceeding to revoke or suspend a massage practitioner or
massage therapist permitlicense as the result of alleged violation of any provision of this
section or chapter, it shall not be necessary to prove that the peFmitteelicensee had
personal knowledge of the provisions of this chapter. The standard of proof shall be a
preponderance of the evidence.
C. A hearing shall be scheduled upon not less than ten (10) calendar days'
notice to the p°m,,meelicensee stating the grounds for proposed revocation or
suspension. Notice shall be given by personal service or certified mail to the address
shown on the last application or renewal.
D. Notice of the decision shall be given in the same manner as for the
hearing. The decision of the community development director or his or her designee
may be appealed by the pe ^,,,.itteelicensee to the city manager in accordance with the
provisions of Section 5.48.41 -9090.
E. Service shall be deemed complete when personal service is made, when
the certified letter is delivered, or when the decision is mailed by first class mail. If the
peFm* license is suspended or revoked, the peFmi license shall be null and void and
surrendered.
F. Effect of License Revocation. No person may apply for a license under this chapter
within at least one year from the date of revocation of such license.
5.48.080 Appeals.
A. The peFFnitteelicensee or applicant, not later than thirty (30) calendar days
after service of notice of revocation, suspension, denial of application or renewal or
approval with conditions, may file an appeal by filing a written statement of such appeal,
including the grounds for appeal and the asserted errors in the decision, with the city
clerk's office.
29
Ordinance No.
Page 21
B. The city manager, or his or her designee, must schedule and hold a
hearing within thirty (30) calendar days after the filing of the appeal. Notice of the date,
time and place of the hearing must be mailed, postage prepaid, at least ten (10)
calendar days prior thereto, to the applicant at the address given in the appeal, or if
none is provided, to the address set forth in the peFmi license application.
C. The city manager, or his or her designee, must render a written decision
and must determine, after consideration of all evidence presented, whether a
perrnitlicense should be issued, reinstated, suspended, or revoked. The decision of the
city manager, or his or her designee, is final. If the denial or revocation is sustained, the
permitteelicensee or applicant shall be ineligible for a permi license for one year from
the date the denial or revocation becomes final.
D. The following rules shall apply to all appeal hearings-
1 . Each party shall have the right to call and examine witnesses, to introduce
exhibits, and to cross - examine opposing witnesses who have testified under direct
examination.
2. Technical rules relating to evidence and witnesses shall not apply to
hearings provided for herein. Any relevant evidence may be admitted if it is material and
is evidence customarily relied upon by responsible persons in the conduct of their affairs
regardless of the existence of any common law or statutory law that might make
admission of such evidence improper over objection in civil actions. Hearsay testimony
may be used for the purpose of supplementing or explaining any evidence given in
direct examination, but shall not be sufficient in itself to support a finding unless such
testimony would be admissible over objection in civil actions. The rules of privilege shall
be applicable to the extent that they now, or are hereafter, permitted in civil actions.
Irrelevant, collateral, undue, and repetitious testimony shall be excluded. (Ord. 366 -4
Esch. E, 2007-)
30
Ordinance No.
Page 22
5.48.090 Massage facilities and operational regulations.
A. Facility Requirements. Each fixed location massage business or establishment must
comply with the following facility Lacility requirements:
1. A recognizable and legible sign complying with the requirements of this code
posted at the main entrance identifying the location as a massage business or
establishment.
2. In addition to the minimum lighting required by the provisions of Title 15 this
code, each room or enclosure where massage therapy is to be performed on patrons
must be illuminated sufficiently to allow the identification of persons.
3. Closed cabinets must be provided and utilized for the storage of clean linen
and towels. Appropriate receptacles must also be provided for the storage of all soiled
linen and towels.
4. Adequate dressing, locker and toilet facilities must be provided for patrons. A
minimum of one dressing room containing a separate locker for each patron to be
served, which locker must be capable of being locked, and a minimum of one toilet and
one wash basin must be provided by every massage establishment. Such basin must
provide soap or detergent, hot and cold running water, and sanitary towels placed in
permanently installed dispensers at all times.
5. Massage table or chair. A massage table or chair must be provided in each
massage room and the massage must be performed on this massage table or chair with
the exception of "Thai ", "Shiatsu" or similar forms of massage therapy, which may be
provided on a padded mat on the floor. The massage tables must be positioned so that
there is at least three feet from the nearest wall to each side to allow access to the table
on all sides. Foam pads at least two inches thick with a minimum width of two feet and
a maximum width of four feet may be used on a massage table or floor pad, as provided
above, and must be covered with durable, washable plastic or other waterproof
material. Beds and floor mattresses are not permitted on the premises.
B. Operational Requirements. Each fixed location massage business or establishment
and any massage business or establishment providing outcall massage therapy, must
comply with the following operational requirements, as applicable:
1. General Cleaning. All walls, ceilings, floors, pools, showers, bathtubs, steam
rooms and all other physical facilities for the establishment must be in good repair and
maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor
rooms, or steam or vapor cabinets, shower compartments, and toilet facilities must be
thoroughly cleaned each day the business is in operation. Bathtubs must be thoroughly
cleaned after each use. (Not applicable to outcall massage therapy.)
31
Ordinance No.
Page 23
2. Towels and Linen. Clean and sanitary towels. sheets and linens must be
provided in sufficient quantity. Towels, sheets and linens must not be used by more
than one person. Reuse of such linen is prohibited unless such linen has first been
laundered. Heayy white paper may be substituted for sheets; provided, that such paper
is used once for each person and then discarded into a sanitary receptacle.
3. Patron Garments. Bathrobes. bathina suits or other aarments provided for the
use of patrons must not be used by more than one person. Reuse of such garments is
prohibited unless such aarment has first been laundered.
4. Locked Doors. All exterior doors (except a rear entrance for staff only) and
interior doors must remain unlocked during business hours, unless there is no massage
business or establishment staff available to assure the security of patrons and massage
practitioners or therapists who are behind closed doors. (Not applicable to outcall
massage therapy.)
5. Service List and Prices. Each massage therapy service offered, the price of
the service, and the minimum length of time such service will be performed must be
posted in a conspicuous public location in each massage business or establishment.
The services must be described in readily understandable terms, all letters and
numbers must be not less than one inch in height, and must be in English and such
other languages as may be convenient to communicate such services. No services
may be performed and no sums may be charged for such services other than those
posted. All arrangements for services to be performed must be made in a room in the
massage business or establishment that is not used for massage therapy unless no
other room exists in the business or establishment. (Not applicable to outcall massage
therapy.)
6. Register of Staff. Every massage business or establishment must maintain a
register of all staff, including employees, massage therapy sole practitioners, and
independent contractors, conducting business at any massage business or
establishment. The register must contain the names of all staff, their home address,
age, birth date, gender, height, weight, color of hair, eyes, telephone number, social
security number, date of employment or contract, and termination, if any, and the duties
of each staff member. All such information must be maintained in the register for a
period of two years following such staff member's termination. Such staff register must
be available for inspection at the massage business or establishment to representatives
of the city during regular business hours.
7. Practitioner and Therapist Attire and Hygiene. To protect patrons from
potential health and sanitary hazards, all massage practitioners and therapists must be
clean and must perform all services in full, clean outer garments. Clothing must be of
non - transparent material and must provide complete covering from mid -thigh to three
inches below the collarbone.
32
Ordinance No.
Page 24
8. MTO Certificate. All massage practitioners and therapists must have on his or
her person or maintain on the premises their MTO certificate identification card. Such
identification card must be provided to city officials upon demand. At least one person
who has a MTO certificate must be on the premises at all times while the business or
establishment is open for business.
9. Patron Attire. The patron's genitals, pubic area, anus and a female patron's
breasts below a point immediately above the top of the areola must be fully draped at all
times while any massage practitioner or therapist is in the massage therapy room or
cubicle with the patron.
10. Improper Solicitation or Performance of Services. Except to the extent
required, in writing, by a state licensed medical practitioner, no massage therapy may
be provided to a patron that results in intentional contact, or occasional and repetitive
contact with the genitals, anus or areola of any patron. No massage practitioner,
therapist, or other person may offer to or perform any act of prostitution as such term is
defined in the California Penal Code. No massage practitioner, therapist or other
Person may, after the commencement of any service for any patron, advise, suggest or
otherwise indicate to such patron that any additional service is available or ask or
inquire of such patron whether such patron desires any additional service to be
performed at that time, except with respect to services that are publicly posted. (This
regulation does not preclude the discussion with a patron in the lobby or public area of
additional or alternative massage services that are not posted upon completion of the
massage.) No massage practitioner or massage therapist may perform any service for
any patron that was not ordered by such patron prior to the commencement of
performance of any service requested.
11. Records of Treatments. Each massage business or establishment must
keep a record of the date and hour of each treatment, the name and address of the
patron, and the name of the massage practitioner or therapist administering such
treatment. Such records must be available for inspection by city representatives for the
purposes of law enforcement and for no other purpose. Identical records must be kept
for outcall massage therapy services and, in addition, must describe the address where
such services were rendered. The records must be maintained for a period of at least
two years.
12. Access. The following persons may be allowed beyond the front lobby,
located directly inside the front door entrance during hours of operation: (i) massage
practitioners and massage therapists; (ii) patrons, who may be accompanied by no
more than one family member; and (iii) visitors of massage practitioners and therapists;
provided that such visitor's access is limited to the designated office of the massage
business or establishment. Any other persons found beyond the first interior door
leading to the inside of the premises including, but not limited to hallways, massage
rooms, reception /business offices or lounge area will be a violation of this chapter
Nothing contained in this subsection prohibits any employee from being present in
33
Ordinance No.
Page 25
hallways, reception /business offices or other areas necessary or relating to such
person's employment duties, nor prohibits any authorized repair, maintenance or
service personnel from being present in areas necessary to the performance of such
person's services, except that no such employee or service personnel may be permitted
in any massage room or cubicle while a patron is present in such room or space.
13. General Prohibition on Massage Therapy in Personal Residences. No
massage practitioner or massage therapist may provide massage therapy in his or her
personal residence within the city.
14. Licensee Responsibility. Each owner and holder of a massage business
license is responsible for the conduct of all employees, agents, independent contractors
or other representatives, while on the premises of the massage business or
establishment and while providing any massage therapy on behalf of such business or
establishment.
34
Ordinance No.
Page 26
... - - - -
WITS _ .. ie.
-
..
• - CC -
35
Ordinance No.
Page 27
5.48.440 -100 Prohibited conduct.
A. An owner, massage practitioner or massage therapist, manager, or any
other employee shall not violate the provisions of Sections 647 (a) or 647 (b) of the
California Penal Code, or any other state law while providing massage services.
B. An owner, massage practitioner or massage therapist, manager, or any
other employee must be fully clothed at all times.
C. An owner, massage practitioner or massage therapist, manager, or any
other employee, shall not massage, fondle, or otherwise have intentional contact or
manipulation of the genitals, or the breasts of a female patron, and such practices must
not be allowed or permitted by the massage establishment peRni licensee.
D. An owner, massage practitioner or massage therapist, manager, or any
other employee shall not give a massage unless the breasts of female patrons are
covered and the genitals of all patrons are covered, and such practices must not be
allowed or permitted by the massage establishment permittee °licensee.
E. A massage practitioner or massage therapist providing outcall massage
C°^�r- Ge-sthe apy away from -:roensea or r,ermi -c °d ses shall not provide
such services unless carrying a valid massage therapist peffn+tlicense upon his or her
person.
36
Ordinance No.
Page 28
F. Notwithstanding subsections C and D, the breasts of female patrons may
be touched and /or massaged in situations where the patron provides prior written
consent from a state - licensed medical practitioner and /or a written consent from the
patron to undergo massage therapy procedures for conditions such as, adjuvant
therapy in post- operative breast cancer care, manual lymph drainage therapy, and sub -
mammary
myoskeletal dysfunction, or other medical condition.
_ geRitalia- Genitalia of female
patrons may be touched and /or massaged in situations where the patron provides prior
written consent from a state - licensed medical practitioner to undergo massage therapy
procedures for a medical condition.
5.48.450 -110 Change of business.
A. No massage establishment permi license may be sold, transferred or
assigned by a pemaitteelicensee, or by operation of law, to any other person or persons.
Any such sale, transfer or assignment, or attempted sale, transfer or assignment, shall
be deemed to constitute a voluntary surrender of such peFmitlicense and such
permitlicense shall thereafter be null and void. A massage establishment perm► license
issued to a corporation shall be deemed terminated and void when either any
outstanding stock of the corporation is sold, transferred or assigned after the issuance
of a perms license, or any stock authorized but not issued at the time of the granting of a
permitlicense is thereafter issued or sold, transferred or assigned. Notwithstanding the
other provisions of this subsection, if the massage establishment is co -owned and one
or more of the owners die, the remaining owners can acquire the ownership interest of
the deceased owner(s) without effecting a surrender or termination of such
perrnitlicense, and in such case, the perrnitlicense, upon notification of the community
development director, shall be placed in the name of the surviving owner(s).
GB. A person(s) purchasing an existing massage establishment business
licensed under the ordinance codified in this chapter must complete the licensing
process before completing the purchase of the business. To avoid a disruption in
business services, it is the responsibility of the purchaser to apply for the peFmitlicense
in a timely manner such that the approval of the peFmitlicense may be prior to or
concurrent with the completion of the business sale.
DC. No massage establishment may be operated under any name or allow
business to be conducted under any designation or business name not specified in the
application. (no §1 €xh. E, 2007)
5.48.1W120 Inspections.
37
Ordinance No.
Page 29
As provided by law, the investigating and enforcing officials of governmental
agencies shall have the right to periodically enter the premises during regular business
hours for the purpose of making reasonable inspections, to observe and enforce
compliance with applicable laws and ordinances; building, fire, electrical, plumbing or
health regulations, providing that such inspections do not unreasonably disturb the
business or unreasonably interfere with delivery of service to clients.
5.48.130 Violations and penalties.
A. Any person violating any section of this chapter shall be guilty of a
misdemeanor.
B. Any massage establishment operated, conducted, or maintained contrary
to the provisions of this chapter shall be, and the same is hereby declared to be,
unlawful and a public nuisance. The city attorney may, in addition to, or in -lieu of
prosecuting a criminal action hereunder, commence an action or actions, proceeding or
proceedings for abatement, removal, or enjoinment thereof, in the manner provided by
law. The city attorney shall take such other steps and shall apply to such court or courts
as may have jurisdiction to grant such relief, as shall abate or remove such massage
establishment and restrain and enjoin any person from operating, conducting or
maintaining a massage establishment contrary to the provisions of this chapter. (Ord:
36 s 1 €xh- -E , 2087)
RH
Ordinance No.
Page 30
EXHIBIT B
17.08.010 Application of definitions.
The following definition is removed:
The following definition is added:
"Personal Service Establishment" means an establishment primarily engaged in
providing individual services generally related to personal needs such as barber shops
beauty salons and spas personal laundry and dry cleaninq establishments pet
grooming, and photography studios. These uses may also include accessory retail sales
of products related to the services provided.
39
Ordinance No.
Page 31
EXHIBIT C
Table 17.20.060
PERMITTED USES IN COMMERCIAL AND INDUSTRIAL ZONES
[Blank] = Not permitted
AP = Administrative Permit
CUP = Conditional Use Permit
NZC = No Zoning Clearance required
TUP = Temporary Use Permit
ZC = Permitted by Zoning Clearance
Zones
C -O
C -1
CPD
C -OT
M -1
M -2
I
C -2
A. Retail and Service Uses
1. Adult businesses when in
ZC
ZC
compliance with
Sections 17.24.040(N), 17.78.050
and Chapter 5.18
2. Alcoholic beverage sales for off -site
consumption when in conjunction with
another city- approved retail or service
use other than automobile service
station or liquor store
a. Beer and /or wine ( *if within one
CUP
AP*
AP*
AP*
AP*
hundred (100) feet of a residentially
zoned property a conditional use
permit is required
b. Beer, wine and other alcoholic
CUP
CUP
CUP
CUP
CUP
beverages
3. Automobile/light truck/motorcycle
a. Brakes, oil changes, tires and
CUP
AP*
AP*
AP*
shock sales and installation, tune -ups
and other light service and repair
.O
Ordinance No.
Page 32
Zones
C -O
C -1
CPD
C -OT
M -1
M -2
I
C -2
(with or without hydraulic lifts) ( *if
within one hundred (100) feet of a
residentially zoned property a
conditional use permit is required)
b. Car washes, self - service or
CUP
CUP
automatic with or without automotive
services stations
c. Engine rebuilding, transmission
CUP
CUP
repair, steam cleaning, auto body,
painting
d. Parts and supplies
ZC
ZC
ZC
ZC
e. Rental
AP
AP
AP
f. Sales, with or without service and
CUP
CUP
CUP
arts
g. Service stations with or without
CUP
CUP
mini -marts and with or without beer
and wine sales for off -site
consumption
4. Body piercing and /or tattoo
CUP
5. Building supplies ( *if within one
AP*
CUP
CUP
hundred (100) feet of a residentially
zoned property a conditional use
permit is required)
6. Hay and feed sales
CUP
CUP
7. Hotels, motels and bed -and-
CUP
CUP
CUP
CUP
breakfast inns when in compliance
with Chapter 5.44
8. Kennels and catteries
CUP
CUP
9. Liquor stores (when located no
CUP
CUP
CUP
closer than one thousand (1,000) feet
of any other liquor store or public or
private school
10. Massage, theFapeUtiG
AP
AR
AP
whe
4-410. Medical marijuana (cannabis
and all parts of that plant)
dispensaries including any site,
facility, location, use, cooperative or
business which
distributes, sells, exchanges,
processes, delivers, gives away, or
41
Ordinance No.
Page 33
Zones
C -O
C -1
CPD
C -OT
M -1
M -2
I
C -2
cultivates marijuana for medical
purposes to qualified patients, health
care
providers, patients' primary
caregivers, or
physicians pursuant to Proposition
215, Health
and Safety Code Section 11362.5 et
seq., or any state regulations adopted
in furtherance thereof.
4 -211. Nurseries (retail) with or without
AP
container grown plants when all
equipment and supplies kept in an
enclosed area
4 -312. Nurseries (wholesale and /or
AP
retail) with or without container grown
plants when all equipment and
supplies kept in an enclosed area
4-413. Pawnshops when in
AP
compliance with Chapter 5.32
4514. Pest control services ( *if within
AP*
AP*
one hundred (100) feet of a
residentially zoned property a
conditional use permit is required)
4615. Private post offices, parcel
ZC
ZC
ZC
ZC
services, copy
centers
4 -716. Psychics, fortunetelling, and
CUP
spiritual advisors when in compliance
with Title 5 of the Moorpark Municipal
Code
4817. Recreational vehicle storage
CUP
yards when not located on parcels
adjacent to arterial roads or freeways
as shown on the Moorpark Circulation
Element Highway Network Map and
with or
without a caretaker dwelling
4818. Recycling centers
CUP
CUP
CUP
42
Ordinance No.
Page 34
Zones
C -O
C -1
CPD
C -2
C -OT
M -1
M -2
I
2019. Recycling drop -off bins when
ZC
ZC
ZC
ZC
ZC
ZC
located in an area determined by the
community development director not
to be in conflict with parking, vehicle
or pedestrian circulation
2420. Rental and leasing of large
AP*
AP*
equipment with or without outdoor
storage and repair ( *if within one
hundred (100) feet of a residentially
zoned property a conditional use
permit is required)
43
Ordinance No.
Page 35
Zones
C -O
C -1
CPD
C -2
C -OT
M -1
M -2
I
2221. Retail shops and ° °� �,.;�
ZC
ZC
ZC
personal service establishments,
except as otherwise indicated in this
table, including, but not limited to
antiques, art and craft dealers and
supplies, bakeries, barbers, beauty
salons, bicycle sales /service, books
and stationery, camera /photo stores
including on -site processing, carpet
and flooring sales/
cleaning /installation, clothing and
fabric stores, computer sales and
service, department and variety
stores, dry cleaners, electronic
equipment sales and service, florists,
food markets, gift and novelty stores,
hardware and tool stores, home and
office furniture and equipment sales,
home appliance sales and service,
housewares sales, jewelry stores, key
and locksmiths, music stores
(including recorded music and
musical instrument sales,
service, and lessons), newsstands,
paint stores, party supply sales and
rental, pet grooming, pet sales and
supplies, pharmacies, photography
studios, pool and spa sales and
supplies, shoe stores, sporting goods
and equestrian supplies, small
equipment rental (no outdoor
storage), toy and hobby stores,
video /DVD /CD sales and rental,
wireless sales /service, and uses
which the community development
director determines to be similar when
in compliance with Section 17.20.030
2322. Retail sales combined with
AP*
limited distribution and /or
warehousing not exceeding forty
percent (40 %) of gross floor area of
the building in which it is located ( *if
.,
Ordinance No.
Page 36
Zones
C -O
C -1
CPD
C -OT
M -1
M -2
I
C -2
within one hundred (100) feet of
a residentially zoned property a
conditional use permit is required)
2423. Retail sales in the M -1 and M -2
AP
AP
zone limited to a maximum of twenty
percent (20 %) of the gross floor area
of the building in which it is located. In
an industrial complex the twenty
percent (20 %) shall be computed on
the basis of the cumulative total floor
area of the industrial planned
development IPD
2524. Retail sales (temporary) in the
TUP
TUP
M -1 and M -2 zones. Issuance of a
temporary use permit shall take the
lace of a zoning clearance.
2625. Thrift stores, secondhand
AP
AP
shops consignment stores when in
compliance with Chapter 5.32
226. Tobacco stores, including but
CUP
not limited to cigarette, cigar, and
smoking paraphernalia shops
B. Eating and drinking laces
1. Bars with or without entertainment
CUP
CUP
CUP
CUP
including, but not limited to cocktail
lounges, cabarets
2. Breweries, micro breweries,
CUP
CUP
CUP
CUP
wineries /tasting rooms with or without
restaurant and with or
without outdoor seating and with or
without
entertainment
3. Restaurants and similar
establishments engaged primarily in
the retail sale of prepared food for
on -site or off -site consumption in
accordance with the restrictions
below:
a. With or without entertainment and
AP*
AP*
AP*
AP*
AP*
with or
without on -site consumption of beer
45
Ordinance No.
Page 37
Zones
C -O
C -1
CPD
C -OT
M -1
M -2
I
C -2
and wine and other alcoholic
beverages and with or without
outdoor seating (*if within one
hundred (100) feet of a residentially
zoned property a conditional use
permit is required)
b. With drive -in or drive - through
CUP
CUP
CUP
CUP
CUP
facilities (sale
of alcoholic beverages from the drive -
in or drive - through facilities is
prohibited) with or without outdoor
seating
C. Office and Professional Uses
1. Banks and other financial
ZC
ZC
ZC
ZC
AP
AP
institutions
2. Laboratories: research and
AP
AP
AP
scientific
3. Professional and administrative
ZC
ZC
ZC
ZC
ZC
ZC
offices, including, but not limited to:
accounting, advertising agencies,
chiropractic, collection services;
dental, direct mail marketing
companies, employment agencies,
engineering services insurance,
investment, massage businesses or
establishments in compliance with
Chapter 5.48, medical, optical and
related health services; planning
services, real estate services;
secretarial services, travel agencies,
and uses which the community
development director determines to
be similar when in compliance with
Section 17.20.030
4. Veterinary offices and animal
hospitals
a. Without boarding (keeping of
AP
AP
AP
AP
AP
AP
animals indoors and on -site for
medical purposes shall not be
considered boarding
b. With boarding indoors or outdoors
CUP
CUP
CUP
M.
Ordinance No.
Page 38
Zones
C -O
C -1
CPD
C -OT
M -1
M -2
I
C -2
D. Manufacturing, Assembly,
Distribution, and Warehousing Uses
1. Cement, concrete and plaster, and
CUP
product
fabrication
2. Distribution and transportation
CUP
CUP
facilities
3. Heavy machinery repair, including
CUP
trucks,
tractors and buses
47
Ordinance No.
Page 39
Zones
C -O
C -1
CPD
C-
M -1
M -2
I
OT
C -2
4. Manufacturing and assembly
ZC*
ZC*
including, but not limited to
appliances, cabinets, cleaners,
clothing, computers, cosmetics,
detergents, electronics,
furniture, leather products,
machinery, medical and
scientific instruments, paper,
perfumes, pharmaceuticals,
photographic and optical
goods, plastic products, signs
and advertising displays, soap,
textiles and other uses which
the community
development director
determines to be similar when
in compliance with Section
17.20.030 ( *if within one
hundred (100) feet of a
residentially zoned property an
administrative permit is
required)
5. Outdoor storage when in
CUP
AP*
conjunction with a city
approved use and when all
storage is screened by an eight
(8) foot high masonry wall
architecturally matched to the
structure. ( *if within one
hundred (100) feet of a
residentially zoned property a
conditional use permit is
required)
6. Self- storage or mini - storage
CUP
CUP
when not located on parcels
adjacent to arterial roads or
freeways
as shown on the Moorpark
Circulation Element Highway
Network Map and with or
without a caretaker dwelling
7. Warehousing
AP
AP
I •
Ordinance No.
Page 40
Zones
C -O
C -1 CPD
C-
M -1
M -2
I
OT
C -2
8. Welding
AP
AP
E. Public and Semi - Public Uses
1. Amusement and recreational
facilities as defined in Chapter
17.08
a. Arcades (video and
CUP CUP CUP
CUP
computer) and c ber cafes
b. Health
AP* AP* AP*
AP*
AP*
club /gymnasium /fitness
center /spa
( *if within one hundred (100)
feet of a residentially zoned
property a conditional use
permit is re uired)
2. Care facilities, including adult
CUP CUP CUP
day care facilities, Alzheimer's
day care facilities, congregate
living health facilities, child day
care centers, community
treatment facilities, foster family
and adoption agencies,
hospices, long -term health care
facilities, residential care
facilities for the elderly,
residential care facilities for
persons with chronic life -
threatening illness, skilled
nursing and intermediate care
facilities, social rehabilitation
facilities, therapeutic day
services facilities, transitional
housing placement facilities,
and transitional
shelter care facilities as defined
in Division 2 of the Health and
Safety Code
3. Clubhouses, social clubs,
CUP
CUP
service clubs with or without
alcohol
4. Energy production from
CUP
CUP
renewable resources
•
Ordinance No.
Page 41
Zones
C -O
C -1
CPD
C-
M -1
M -2
I
OT
C -2
5. Governmental uses
CUP
CUP
CUP
CUP
CUP
CUP
CUP
including, but not limited to city
offices, community rooms, fire
stations,
human service centers,
libraries, police stations, public
utility facilities
6. Hospitals including urgent
AP*
AP*
AP*
AP*
care ( *if within one hundred
(100) feet of a residentially
zoned
property a conditional use
permit is required)
7. Places of religious worship
CUP
CUP
8. Private education facilities
CUP
including, but not limited to
colleges and universities,
elementary, middle and high
schools
9. Private training facilities
AP*
AP*
AP*
AP*
AP*
including, but not limited to
professional and vocational
schools, art and craft schools,
music schools not part of a
music store, and driver training
schools ( *if within one hundred
(100) feet of a residentially
zoned property a conditional
use permit is required)
10. Recreational facilities
AP*
AP*
AP*
AP*
AP*
CUP
(private) with /without food
services, including but not
limited to bicycle and skate
parks, golf courses,
gymnasiums, fitness, health
spas, martial arts, racquetball,
yoga.
Bicycles and skate parks shall
be in compliance with Chapter
17.28 ( *if within one hundred
(100) feet of a residentially
zoned propeqy a conditional
50
Ordinance No.
Page 42
Zones
C -O
C -1
CPD
C-
M -1
M -2
I
OT
C -2
use permit is required)
11. Utility structures (electrical
AP
AP
AP
AP
AP
AP
AP
boxes, transformers and valve
apparatus that have no covered
floor area and are attached to
the ground by poles,
columns or pedestals shall not
require a zone
clearance
12. Wireless communications
facilities, in accordance with
the requirements of Chapter
17.42
a. Major wireless
CUP
CUP
CUP
CUP
CUP
CUP
CUP
communications facilities
b. Minor wireless
AP
AP
AP
AP
AP
AP
AP
communications facilities
c. Collocation wireless
ZC
ZC
ZC
ZC
ZC
ZC
ZC
communications facilities
(consistent with definition of
"collocation facility" in Section
17.42.020
F. Accessory and
Miscellaneous Uses
1. Outdoor sales
CUP
CUP
CUP
CUP
CUP
CUP
2. Retail shops and services as
AP
listed in Table 17.20.060(A)(21)
when the uses are determined
by the community development
director to be
ancillary to office use of the
property
3. Motion picture and television
TUP
TUP
TUP
TUP
TUP
TUP
TUP
production and related activities
and structures (activities of a
maximum of forty-two (42) days
in any one
hundred eighty (180) day
period are considered
temporary and shall comply
with the requirements of
51
Ordinance No.
Page 43
Zones
C -O
C -1
CPD
C-
M -1
M -2
I
OT
C -2
Chapter 17.28 and Title 5 of the
Moorpark
Municipal Code
4. Temporary uses including,
TUP
TUP
TUP
TUP
TUP
TUP
TUP
but not limited to carnivals,
Christmas tree sales, circuses,
festivals, sidewalk sales,
special events, outdoor sales,
when in compliance with
Chapter 17.44. Issuance of a
temporary use permit shall take
the place of a
zoning clearance. Temporary
uses lasting more than one
hundred eighty (180) days
require an AP.
52