HomeMy WebLinkAboutAGENDA REPORT 2011 0216 CC REG ITEM 11AITEM 11.A.
ORDINANCE NO. 398
Q2c�: *. ;& `"?fd-- ORDINANCE 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 17.20 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 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 reached a decision;
WHEREAS, the City Council concurs with the Community Development
Director's determination that this project is exempt from the provisions of the California
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Page 2
Environmental Quality Act by the general rule that CEQA only applies to projects 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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PASSED AND ADOPTED this 16th 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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Page 4
EXHIBIT A
Chapter 5.48
MASSAGE ESTABLISHMENTS AND THERAPISTS
Sections:
5.48.010
Purpose.
5.48.020
Definitions.
5.48.030
Required Massage Therapy Organization certificate and
business license.
5.48.040
Exceptions.
5.48.050
Massage business license.
5.48.060
License renewal.
5.48.070
Suspension or revocation.
5.48.080
Appeals.
5.48.090
Massage facilities and operational regulations.
5.48.100
Prohibited conduct.
5.48.110
Change of business.
5.48.120
Inspections.
5.48.130
Violations and penalties.
5.48.010 Purpose.
The purpose of this chapter is to impose reasonable and necessary 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.
"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(9) of the Moorpark Municipal Code.
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"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.
"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.
"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 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 establishment.
"Registered school" means an institution that provides massage therapy
education and training as such term is defined in Section 4600 of the Massage Therapy
Law.
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"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 jurisdiction 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) relating 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 employee or agent, 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.
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.
5.48.040 Exceptions.
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.
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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.
5.48.050 Massage business license.
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
conjunction 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 may
require in order to discover the truth of the matters required to be set forth in the
application.
C. Issuance or Denial of License.
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:
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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:
a. 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;
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 safety
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 (13)(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.
5.48.060 License renewal.
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 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 licensee shall submit an application for license renewal, which shall update
any information that has changed from the original application. Applications for renewal
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of a license 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
license. Temporary licenses will not be issued for renewals. Any licensee allowing his or
her license to lapse, or which license expires during a suspension, shall be required to
submit a new application and pay the corresponding original application fees.
5.48.070 Suspension or revocation.
A. The community development director or his or her designee may revoke or
suspend a massage establishment license or massage practitioner or massage
therapist license if any of the following are found that the licensee:
1. Does not possess the qualifications for the license as required by this chapter;
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 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 license, or any of the laws which would have been grounds for denial of the
license to be unfit to hold a license. Further, the licensee 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 licensee.
B. In any proceeding to revoke or suspend a massage practitioner or massage
therapist license as the result of alleged violation of any provision of this section or
chapter, it shall not be necessary to prove that the licensee 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 licensee 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 licensee to the city manager in accordance with the provisions of
Section 5.48.090.
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
license is suspended or revoked, the 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 licensee 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.
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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 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 license 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 licensee or
applicant shall be ineligible for a 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.
5.48.090 Massage facilities and operational regulations.
A. Facility Requirements. Each fixed location massage business or establishment
must comply with the following facility 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.
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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.)
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. Heavy 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, bathing suits or other garments provided for the
use of patrons must not be used by more than one person. Reuse of such garments is
prohibited unless such garment 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
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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.
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.
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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
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.
5.48.100 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 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 licensee.
E. A massage practitioner or massage therapist providing outcall massage
therapy shall not provide such services unless carrying a valid massage therapist
license upon his or her person.
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
224
Ordinance No. 398
Page 14
myoskeletal dysfunction, or other medical condition. 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.
5.48.110 Change of business.
A. No massage establishment license may be sold, transferred or assigned by a
licensee, 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 license and such license shall thereafter be null and void.
A massage establishment 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 license, or any stock authorized but not issued at the
time of the granting of a license 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 license, and in such case, the license, upon notification of the community
development director, shall be placed in the name of the surviving owner(s).
B. 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 license in a timely manner such
that the approval of the license may be prior to or concurrent with the completion of the
business sale.
C. 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.
5.48.120 Inspections.
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
225
Ordinance No. 398
Page 15
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.
226
Ordinance No. 398
Page 16
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 cleaning establishments, pet
grooming, and photography studios. These uses may also include accessory retail sales
of products related to the services provided."
227
NO
VIM
..
i I
..
Mr.
..
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 cleaning establishments, pet
grooming, and photography studios. These uses may also include accessory retail sales
of products related to the services provided."
227
Ordinance No. 398
Page 17
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
with or without hydraulic lifts *if
228
Ordinance No. 398
Page 18
Zones
C -0
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)
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. 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
cultivates marijuana for medical
purposes to qualified patients, health
care
providers, patients' primary
229
Ordinance No. 398
Page 19
Zones
C -O
C -1
CPD
C -OT
M -1
M -2
I
C -2
caregivers, or
physicians pursuant to Proposition
215, Health
and Safety Code Section 11362.5 et
seq., or any state regulations adopted
in furtherance thereof.
11. Nurseries (retail) with or without
AP
container grown plants when all
equipment and supplies kept in an
enclosed area
12. Nurseries (wholesale and /or retail)
AP
with or without container grown plants
when all equipment and supplies kept
in an enclosed area
13. Pawnshops when in compliance
AP
with Chapter 5.32
14. Pest control services ( *if within
AP*
AP*
one hundred (100) feet of a
residentially zoned property a
conditional use permit is required)
15. Private post offices, parcel
ZC
ZC
ZC
ZC
services, copy
centers
16. Psychics, fortunetelling, and
CUP
spiritual advisors when in compliance
with Title 5 of the Moorpark Municipal
Code
17. 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
18. Recycling centers
CUP
CUP
CUP
19. 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
230
Ordinance No. 398
Page 20
Zones
C -O
C -1
CPD
C -2
C -OT
M -1
M -2
I
20. 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)
21. Retail shops and personal service
ZC
ZC
ZC
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
231
Ordinance No. 398
Page 21
Zones
C -O
C -1
CPD
C -OT
M -1
M -2
I
C -2
22. Retail sales combined with limited
AP*
distribution and /or warehousing not
exceeding forty percent (40 %) of
gross floor area of the building in
which it is located ( *if within one
hundred (100) feet of
a residentially zoned property a
conditional use permit is required)
23. 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
24. Retail sales (temporary) in the M-
TUP
TUP
1 and M -2 zones. Issuance of a
temporary use permit shall take the
face of a zoning clearance.
25. Thrift stores, secondhand shops
AP
AP
consignment stores when in
compliance with Chapter 5.32
26. Tobacco stores, including but not
CUP
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
232
Ordinance No. 398
Page 22
Zones
C -O
C -1
CPD
C -OT
M -1
M -2
I
C -2
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
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
233
Ordinance No. 398
Page 23
Zones
C -O
C -1
CPD
C -OT
M -1
M -2
I
C -2
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
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
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)
234
Ordinance No. 398
Page 24
Zones
C -O
C -1
CPD
C-
M -1
M -2
I
OT
C -2
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
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
required)
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
235
Ordinance No. 398
Page 25
Zones
C -O
C -1
CPD
C-
M -1
M -2
I
OT
C -2
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
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
236
Ordinance No. 398
Page 26
Zones
C -O
C -1
CPD
C-
M -1
M -2
I
OT
C -2
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 property a
conditional 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
237
Ordinance No. 398
Page 27
Zones
C -O
C -1
CPD
C-
M -1
M -2
I
OT
C -2
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 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.
238