HomeMy WebLinkAboutOrdinances_2824_CCv0001.pdf ORDINANCE NO. 2824
AN ORDINANCE OF THE CITY OF REDLANDS AMENDING CHAPTER 5.28 AND
SECTIONS 18.82.030, 18.96.040. AND 18.96.070 OF THE REDLANDS MUNICIPAL CODE
RELATED TO MASSAGE ESTABLISHMENTS WITHIN THE CITY AND PERMITTED AND
CONDITIONALLY PERMITTED USES WITHIN THE A-P-C AND C-4 ZONING DISTRICTS
WHEREAS, the City currently regulates the practice of massage and the operation of
massage establishments for the benefit of the public health, safety and welfare; and
WHEREAS, Business and Professions Code section 4600 et seq. (enacted by SB 731 in
2008 and amended by AB 1147 in 2014) revises the statewide pennitting system administered by
the California Massage Therapy Council and reinstates City permitting systems and requirements;
and
WHEREAS, the Business and Profession Code continues to allow certain local regulation
of massage establishments and, to enable the City to carry out such local regulation and review of
massage establishinents found in Business and Professions Code section 4600 et seq., the City
must amend its massage establisl-nnent regulations;
The City Council of the City of Redlands does ordain as follows:
Section 1. Chapter 5.28 of the Redlands Municipal Code, entitled "Massage
Establishments," is hereby deleted in its entirety and rewritten to read as follows:
"Chapter 5.28 MASSAGE ESTABLISHMENTS
5.28.010: Declaration of Purpose and Intent.
5.28.020: Definitions.
5.28.030: Administration.
5.28.040: Certifications Required.
5.28.050: Massage Establislunent Owner Background Check Required. 5.28.060:
Additional Requirements.
5.28.070: Display of Permit.
5.28.080: Massage Establishment—Massage Technician Certificates Required. 5.28.090:
Prohibited Conduct.
5.28.100: Facilities and Operations. 5.28.110:Exceptions.
5.28.120: Public Nuisance Abatement.
5.28.130: Revocation.
5.28.140: Appeal.
5.28.150 Violation.
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5.28.10: Purpose and Intent.
A. This chapter establishes new permitting standards intended to comply with
California law and establish health and safety guidelines for massage establishrnents.
B. This chapter is not intended to be exclusive and compliance will not
excuse noncompliance with any state or local laws or regulations that are uniformly applied to
other professional or personal services businesses including, without liunitation, all zoning
applications;business license regulations; building, fire, electrical, and plumbing codes; and
health and safety code laws and regulations applicable to professional or personal services
businesses.
C. This chapter establishes a local regulatory system that allows only state
certified massage therapists and massage practitioners to operate within the City in accordance
with this Code.
5.28.20: Definitions. Unless the contrary is stated or clearly appears from the
context, the following definitions govern the construction of the words and phrases used in this
chapter. Words and phrases not defined by this chapter have the meaning set forth elsewhere in
this Code, the Business and Professions Code, or the Government Code.
A. "California Massage Therapy Council(CAMTC)" means the California
Massage Therapy Council created pursuant to Business and Professions Code section 4500.5(a).
B. "Certified Massage Practitioner"means a person who is currently certified
as a massage practitioner by the CAMTC, and who administers massage for compensation.
C. "Certified Massage Therapist"means a person who is currently certified
as a massage therapist by the CAMTC, and who administers massage for compensation.
D. "Chief"means the City's Chief of Police, or his or her designee, or such
other City Director designated by the City Manager.
E. "City" means the City of Redlands.
F. "Massage" means any method of pressure on, or friction against, or
stroking,kneading, rubbing, tapping, pounding, vibrating or stimulating the external parts of the
human body with the hands or with the aid of any mechanical or electrical apparatus, or other
appliance or devices, with or without such supplementary aids such as rubbing alcohol, liniment,
antiseptic, oil,powder, cream, lotion, ointment or other similar preparations.
G. "Massage Establishment"means and includes any massage establishment,
parlor,or any room, place or institution where massage is given or administered by a massage
technician as the primary service of the business establislunent.
H. "Massage Technician" means any person, who gives, performs or
administers to another person a massage for any form of consideration.
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1. "Medical Massage Therapy: Massage establishment with a minimum of
eighty percent (80%)of the establishment's clients are from referrals by state licensed
healthcare providers. The establislunent's records are kept on the premises and made
accessible to the city upon request for compliance.
J. "Person"means and includes persons, firms, corporations, partnerships,
associations or other forms of business organization or group.
K. "Specified anatomical areas" means and includes any of the following
human anatomical areas: genitals, pubic regions, anuses or female breasts below a point
immediately above the top of the areola.
L. "Specified sexual activities"means and includes all of the following:
1. Fondling or other erotic touching of specified anatomical areas; or
sodomy;
2. Sex acts including, without limitation, intercourse,oral copulation,
3. Masturbation; or
4. Excretory functions as part of or in connection with any specified
sexual activity listed in this definition.
5.28.030: Administration: The chief is authorized to administer this chapter and to
promulgate administrative policies and procedures required to implement the regulations set
forth in this chapter.
5.28.40: Certifications Required:
A. Massage Establishment. It is unlawful for any person to own, operate or
maintain a massage establishment unless all massage technicians employed by the massage
establishment hold a current, valid certification from CAMTC as a massage practitioner or
massage therapist.
B. Massage Technician. It is unlawful for any person to engage in, or carry
on the business or activities of a massage technician without a certification from the CAMTC as
a massage practitioner or massage therapist.
C. Off premises massage service. It is unlawful for any person to own,
operate, or maintain an off-premise massage service in the city unless all massage technicians
employed by the off-premises massage service hold a current, valid certification from the
CAMTC as a certified massage practitioner or certified massage therapist.
5.28.50: Massage Establislunent Owner Background Check Required.
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A. Except for massage establishment owners who possess a current and
valid CAMTC certification, any person, association, partnership, or corporation who owns
more than five percent (5%)of a massage establishment and desires to operate that massage
establislunent must snake an application to the Chief for an investigation of the applicant's
background and history. A nonrefundable fee, in an amount set by resolution of the City
Council, must accompany the submission of each application to defray the cost of
investigation, inspection and enforcement of this chapter. An annual nonrefundable renewal fee
will also be charged to defray associated costs of investigation, inspection and enforcement.
B. Each applicant for background check must submit the following
information.
1. The full true name and any other names used by the applicant.
2. The present address and telephone number of the applicant.
3. Driver's license number and social security number.
4. The proposed address of the massage establishment.
5. Each residence and business address of the applicant for the three
years immediately preceding the date of the application, and the inclusive dates for such address.
6. Written proof that the applicant is at least 18 years of age.
7. Applicant's height, weight, and color of eyes and hair.
8. Two photographs of the applicant at least two inches by two inches
taken within four months preceding the date of the application.
9. Applicant's business, occupation and employment history for the
five years immediately preceding the date of application.
10. The business license or permit history of the applicant, including
whether such applicant has ever had any license or permit issued by any agency or board, city,
county or state revoked or suspended, or has had any professional or vocational license or permit
revoked or suspended and the reasons for the revocation.
11. All criminal convictions for any of the offenses set forth in this
chapter, and a statement of the dates and places of such convictions.
12. If the applicant is a corporation, the name of the corporation must be
set forth exactly as shown in the articles of incorporation or charter,together with the state and
date of incorporation and names and residence addresses of each of its current officers and
directors, and each stockholder holding more than five percent of the stock of the corporation. If
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the applicant is a partnership,the application must set forth the names and residence addresses of
each of the partners, including the limited partners. If the applicant is a limited partnership, it must
furnish a copy of its certificate of limited partnership filed with the county clerk. If one or more
partners is a corporation,the provisions of this section pertaining to corporate applicants may
apply. The applicant corporation or partnership must designate one of its officers or general
partners to act as its responsible managing officer. Such person must complete and sign all
application forms required of any individual applicant under this chapter, but only one application
fee will be charged.
13. The naive and address of the owner and lessor of the real property
upon or in which the massage establislunent is to be operated, and a copy of the lease or rental
agreement. If the applicant is not the legal owner of the property, a notarized acknowledgement
from the owner of the property that a massage establishment will be located on his or her property
is required for each massage establislunent permit location.
14. The full true names and other names used, the present addresses and
telephone numbers, driver's license numbers, and social security numbers, and state certificates
from the CAMTC for all massage technicians who will be working as employees or independent
contractors at each massage establislunent permit location. The applicant must provide the Chief
with any changes in the massage technicians that work at the massage establislunent during the
permit period within 10 working days of each change.
15. The Chief may require the applicant to furnish fingerprints when
needed for the purpose of verifying identification.
16. Such other identification and information as may be required by the
Chief in order to verify the information to be included in the application.
B. The city is allowed a reasonable time, not to exceed 60 days from
receipt of a completed application, in which to investigate the information on the application.
During the investigation of the background information, a city representative including,
without limitation, a member of the Police Department, Fire Department, Building and Safety
Division, Planning Division, or any authorized representative thereof, may inspect, with or
without the notice during regular business hours,the proposed place of business to determine
whether it conforms to the requirements of this chapter. Upon completion of the inspection,
the city representative must inform the Chief in writing of the findings of the inspection.
1. Background clearance will be issued, within 60 days of receipt of a
completed application, to any applicant who has famished all of the information required by this
section in the application for such license,provided:
a. The applicant has not made a material false statement in the
application and that all massage technicians who will be working as employees or
independent contractors at each massage establishment pen-nit location possesses
certification from the CAMTC as a massage practitioner or massage therapist.
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b. The applicant, if an individual, or in the case of an applicant
which is a corporation or partnership, any of its officers, directors,holders or five
percent or more of the corporation's stock, has not, within five years iminediately
preceding the date of the filing of the application been convicted in a court of
competent jurisdiction of any of the following offenses: Penal Code sections
243.4; 261; 266a through 266j; 267; 314 to 316; 318; or 647 (a,b, d); any
offenses requiring registration under Penal Code section 290 or Health and Safety
Code section 11590; or any felony offense involving the possession, possession for
sale, sale, transportation, furnlshmg, or giving away of a controlled substance
specified in Health and Safety Code sections 11054 to 11058, as amended; or any
offense in another state in which, if cominitted in California, would have been
punishable as one or more of heretofore mentioned offenses; or any offense
involving the use of force or violence upon the person of another; or any offense
involving theft, embezzlement or moral turpitude;
C. The applicant is at least 18 years of age; and
d. The applicant has not had a massage technician, massage
establishment, escort service, nude entertaininent,nude photo studio or similar
type of license or permit suspended within one year or revoked within three years
immediately preceding the date of the filing of the application, unless the applicant
can show a material change in circumstances or that mitigating circumstances
exist since the revocation or suspension.
5.28.060: Additional Requirements. Before operating a inassage establishment in the
city, massage establishinent owners must comply with all applicable codes adopted by the city,
including, without limitation, the building, electrical, and plumbing codes.
5.28.070: Display of Permit. Any owner of a massage establishment or off-premise
massage service must display the CAMTC certificates for all massage technicians prominently in
a conspicuous place, capable of being viewed by customers or city representatives, at every
location where massage is performed or conducted. For off-premise massage services, massage
workers must also carry a copy of their CAMTC certificate and display it to customers upon
request.
5.28.080: Massage Technician Certificates Required. It is unlawful for owners of
massage establislunents or off-site massage services to allow any person to perform massage that
is not a CAMTC-certified massage therapist or certified massage practitioner.
5.28.90: Prohibited Conduct. It is unlawful for owners of massage establishments or
off-premise massage services, or massage technicians to conduct or allow any of the following
activities:
A. It is unlawful for any massage technician or any other employee working in
a massage establislnnent or for an off premise massage service, or customers,patrons, or guests of
the establishment or service, to engage in any specified sexual activities upon the premises of the
massage establishment or the off-premise massage location.
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B. It is unlawful for any massage technician or other employee of a massage
establishment to expose specified anatomical areas in the presence of any patron, customer or
guest.
C. In the course of administering the massage, it is unlawful for any massage
technician or other massage establislunent employee to snake intentional physical contact with the
specified anatomical areas of any customer,patron or guest.
5.28.100 : Facilities and Operations. It is unlawful for any massage establishment to
operate unless the massage establishment premises and operation comply with following
minimum requirements:
A. Zoning Regulations. Notwithstanding the provisions contained herein, all
massage establishments shall operate in accordance with the applicable provisions of Title 18 of
this Code.
B. Signs. A readable sign must be posted at the main entrance identifying the
establislunent as a massage establishment, provided,however, that all such signs must otherwise
comply with the sign requirements of this code.
C. Lighting. Minimal lighting must be provided in accordance with the
California Building Code, as adopted by this code, and, in addition, at least one unobstructed
artificial Iight of not less than nine hundred (900) lumens must be provided in each enclosed room
or booth where massage services are being performed on a patron.
D. Ventilation. Minimum ventilation must be provided in accordance with the
California Building Code, as adopted by this Code.
E. Disinfection of Instruments. Instruments used for massage inust be
disinfected before each use. Where instruments for massage are employed, adequate quantities of
supplies for disinfection must be available during all hours of operation.
F. Water. Hot and cold running water must be provided at all times.
G. Linen Storage. Closed cabinets must be utilized for the storage of clean
towels and linen. After use, towels and linen must be removed and stored in a separate container
until laundered.
H. Dressing and Toilet Facilities. For massage establishments consisting of
1500 square feet or more, or having more than 4 employees, separate dressing and toilet facilities
must be provided for male and female patrons. This condition does not apply to massage
establishment that offer foot massage services and provide other form of massage services or other
type of activity regulated by this chapter.
I. Sanitary Conditions. All walls, ceilings, floors, steam and vapor rooms,
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and all other physical facilities for the massage establishment must be kept in good repair and be
maintained in a clean and sanitary condition.
I Clean Linen. Clean and sanitary towels and linens must be provided for
patrons receiving massage services. No common use of towels or linens is pennitted.
K. Compliance with Laws. The premises to be used must at all tunes comply
with all applicable state and local laws and regulations.
L. Any room in which a massage establishment provides massage services
may not be used for residential sleeping purposes.
M. A register of all individuals employed as massage technicians, and copies of
their current CAMTC certifications and massage technician business licenses, must be maintained
and available for inspection at all times during regular business hours.
N. Each person present in any area of the massage establishment outside the
waiting area or other areas open to any member of the public must be a certified massage
practitioner or certified massage therapist or the massage establislunent owner.
O. The permits and certifications required by this chapter must be displayed in
an open and conspicuous public place on the premises.
5.28.110 : Exceptions. This chapter does not apply to the following classes of
individuals, and no CAMTC certification is required of such persons, while engaged in the
performance of the duties of their respective professions:
A. Acupuncturists who are duly certified to practice their profession in the
state of California.
B. Barbers, beauticians, and cosmetologists with respect to scalp massage,
who are duly permitted pursuant to Business and Professions Code section 7301 et seq., in
accordance with the limitations of their permits.
C. Nurses who are registered as such under the laws of the state of California.
D. Physicians, surgeons, chiropractors, osteopaths, or physical therapists who
are duly permitted to practice their respective professions in the state of California, or provide
professional services in lawful compliance with Corporations Code section 13401(a).
5.28.120: Public Nuisance Abatement. Any massage establislunent operated,
conducted or maintained contrary to the provisions of this chapter is unlawful and a public
nuisance. The City Attorney is authorized, in addition to or in lieu of any other legal or criminal
proceedings, to commence an action or proceeding for abatement, removal or enjoinment of such
massage establishment it the manner provided by law. The City Attorney may seek a court order
to grant such relief to abate or remove such massage establislunents and restrain and enjoin any
person from operating, conducting or maintaining such an establislunent contrary to the provisions
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of this chapter.
5.28.130 : Revocation. Grounds for Revocation. The Chief may revoke any approval
issued under this chapter for one or more of the following grounds:
A. Fraud or Deceit. That the applicant practiced fraud or deceit in obtaining an
approval under this chapter;
B. Violation of Chapter. That the massage establishment owner, operator,
massage teelmician, or its employee violated a provision or provisions of this chapter;
C. Criminal Conviction. That the massage establislunent owner, operator,
massage technician, or its employee has been convicted in a court of competent jurisdiction of any
offense described in this chapter;
D. Improperly Maintained Facilities. That the facilities and operations of the
massage establishment are not kept in compliance with this chapter, and that the owner or operator
has failed to promptly remedy deficiency of which they have been notified. For purposes of this
subsection, "notice" means notice given personally or by leaving notice at the massage
establishment premises, or by first class mail, postage prepaid,to the address designated by the
massage technician or establishment in accordance with this chapter;
E. Employment of Uncertified Technicians. That the massage establishment
has employed, allowed or permitted an uncertified person to perforin massage in the massage
establishment;
F. Error. That the approval was issued in error.
G. Prohibited Conduct. A massage establislunent owner, operator, massage
teclu'lician, or its employee or agent has been found to have engaged in prohibited conduct in
violation of this chapter.
Upon a detennination on the grounds to revoke an approval under this chapter, the Chief must
cause a notice of revocation to be mailed by first class, postage prepaid mail, to the address
designated by the massage technician or establishment pursuant to this chapter.
5.28.140: Appeal. Any person denied an approval under this chapter or a massage
establislunent owner or operator whose approval has been revoked may appeal the denial or
revocation in writing pursuant to the appeal procedures provided in by chapter 1.09 of this code.
Such appeal must be in writing an must be filed with the City Clerk not more than fifteen(15)
days following the Chief's deposit into the mail of the notice of denial or revocation sent to the
applicant or massage establislunent owner or operator to the address listed by the applicant or
massage establishment owner or operator pursuant to this chapter. Any successful appeal will
result in approval or reinstatement of an approval and refund of any fines collected by the City.
5.28.150 Violation. In addition to any other penalties provided for in this chapter,
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any person who violates, or causes or permits the violation of, any provision of this chapter shall
be deemed guilty of a misdemeanor, or at the discretion of the City Attorney, may be deemed
guilty of an infraction, as the interests of justice warrant.
Section 2: Section 18.96.040 (Permitted Uses) of the Redlands Municipal Code, is hereby
amended to read as follows:
"Principal permitted uses in C-4 zones are:
• Uses permitted in the C-1, C-2 and C-3 zones.
• Motels.
• Retail stores
• Automobile sales and service establishments of new or used vehicles, where sales,
display, storage and repair work are conducted within completely enclosed buildings.
• Commercial greenhouses.
• Drive-in stores, such as cleaner, liquor,milk and food.
• Electrical apparatus and equipment.
• Pest control.
• Public scales.
• Taxidenny.
• Wedding chapels.
• Service stations; all merchandise must be displayed within the building or under
canopy cover. "
Section 3: Section 18.96.070 (Conditional Uses) of the Redlands Municipal Code, is
hereby amended to read as follows:
"18.96.070: CONDITIONAL USES:
The following uses may be permitted in the C-4 zone subject to approval of a conditional use
permit:
Uses permitted with a conditional use permit in the C-3 zone.
Uses listed in chapter 18.192 of this title.
Ambulance service.
Animal hospitals.
Drive-in stores, such as milk and food, with alcohol beverage sales.
Service stations with alcohol beverage sales; all merchandise must be displayed
within the building or under canopy cover.
Tie recapping in conjunction with sales (not more than 3 molds). (Ord. 2791,
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2015)".
Massage Establishment in accordance with Chapter 5.28 of this Code.
Personal services in accordance with Chapter 5.28 of this Code"
Section 4: Section 18.82.030(Permitted Uses) is hereby amended to read as follows:
"In the A-P-C district no building, structure or land shall be used, and no building shall
hereafter be erected, structurally altered or enlarged except for the following purposes:
Business and professional offices that are sunilar to,but not limited to, and include the
following:
• Accounting, auditing and bookkeeping services.
• Administrative headquarters.
• Architectural and engineering services.
• Business and management consulting services.
• Business associations.
•
Employment agencies.
• Federal, state, county and local governinent offices.
• Insurance offices.
• Law offices and legal services.
• Professional membership associations.
• Real estate offices.
• Secretarial and clerical services.
Medical and health services that are similar to,but not limited to, and including the following:
• Chiropractors.
• Dentists and oral surgeons.
• Medical, dental and biological laboratories.
• Medical, dental and therapeutic clinics.
• Optometrists.
• Osteopathic physicians.
• Physicians and surgeons.
• Medical Massage as defined by and in accordance with Chapter 5.28 of this Code.
Residential and nonresidential uses combined. Residential uses may be combined with
nonresidential uses with a conditional use permit and as provided by section 18.82.050 of this
chapter.
Residential uses. Uses permitted in the R-3 district, subject to the regulations of the R-3 district.
Retail stores that are similar to,but not limited to, and include the following:
• Antique or curio shops.
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• Art shops/galleries.
• Interior decorators' studios.
• Locksmith shops.
• Mail order.
• Stationery.
Service establishments that are similar to, but not limited to, and include the following:
+ Barbershops.
• Beauty shops.
+ Employment agencies.
+ Photographers.
• Tailors. "
Section 5: The proposed amendments to the Redlands Municipal Code (RMC) will not
result directly in the development of any parcel of land. Thus,adoption of the proposed amendments
would not result in any direct physical changes in the envirornnent. Therefore, the proposed
amendment is exempt from the California Envirom-nental Quality Act (CEQA) pursuant to Section
15061(b) (3) of the CEQA Guidelines. This section is known as the general rule and exempts
projects where it can be seen with certainty that there is no possibility that the activity in question
may have a significant effect on the environment.
Section 6. if any part of this ordinance or its application is deemed invalid by a court
of competent jurisdiction, the City Council intends that such invalidity will not affect the
effectiveness of the remaining provisions or applications and, to this end, the provisions of this
ordinance are severable.
Section 7. The Mayor shall sign this ordinance and the City Clerk shall certify to the
adoption of this ordinance and shall cause it, or a summary of it, to be published once in the
Redlands Daily Facts, a newspaper of general circulation within the City, and thereafter, this
ordinance shall take effect as provided by law.
Paul W. Foster, Mayor
ATTEST:
Sam 1 n, 6ty Clerk
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I, Sam Irwin, City Clerk of the City of Redlands, hereby certify that the foregoing ordinance was
duly adopted by the City Council at a regular meeting thereof held on the 15`x'day of
September, 2015.
AYES: Councilmembers Harrison, Gilbreath, Barich, James;
NOES: None
ABSENT: None
ABSTAIN: None
Sam Irwin, City Clerk
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