Ordinance Number 785055
ORDINANCE NO. 785
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING THE SAN JUAN CAPISTRANO MUNICIPAL
CODE TITLE 3, CHAPTER 1, ARTICLE 2, ENTITLED "TAXES", TITLE 5,
CHAPTER 24, ENTITLED "REGULATION OF MASSAGE THERAPY", AND
TITLE 9, CHAPTER 3, ARTICLE 4, ENTITLED "BASE DISTRICT
REGULATIONS" WITH RESPECT TO THE REGULATION OF MASSAGE
PRACTITIONERS
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
1. Title 3, Chapter 1, Article 2, Section 3-1.202 of the Municipal Code,
entitled "Business and professions" requires businesses in the City to secure a valid business
license prior to operating a commercial business enterprise within the City, including masseuses,
masseurs, and massage therapists, and requires no additional discretionary review.
2. Title 5, Chapter 24 of the Municipal Code, entitled "Regulation of Massage
Therapy" establishes definitions related to the regulation of masseuses, masseurs, and massage
therapists.
3. Title 9, Chapter 3, Article 1 of the Municipal Code, entitled "Establishment
of Districts: Official Zoning Map" does not contain provisions which regulate the location of
massage practitioner uses and structures.
4. The City has recently experienced significant growth in the total number of
business licenses issued to masseuses, masseurs, and massage therapists within the City and the
Orange County Sheriffs Department crime records reveal that in certain cases, individuals
operating as masseuses, masseurs, and massage therapists have violated criminal statutes with
respect to unlawful activities.
5. Government Code Section 65850 grants the City police power authority to
regulate land use activities including massage practitioners, in order to protect and preserve the
public health, interest, and general welfare.
6. On February 6, 1996, the City Council adopted an urgency ordinance
establishing a forty-five (45) day moratorium on the issuance of new business licenses for
masseuses, masseurs, and massage therapists and on March 5, 1996, adopted an extension of the
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urgency ordinance establishing a ten (10) month extension of the moratorium on the issuance of
business licenses to masseuses, masseurs, and massage therapists.
7. The City Council has directed City staff to prepare draft Ordinance
amendments.
8. The Environmental Administrator has reviewed the project pursuant to
Section 15070 of the California Environmental Quality Act and issued a negative declaration and
has otherwise complied with all applicable provisions of the California Environmental Quality Act.
9. The Planning Commission conducted a duly -noticed public hearing on
October 22,1996, pursuant to Section 9-2.313 of the Municipal Code to consider testimony on the
proposed project.
10. The City Council conducted a duly -noticed public hearing on November 19,
1996, pursuant to Section 9-2.313 of the Municipal Code.
Based upon the findings set forth in Section 1, preceding, the following
amendments to the Municipal Code are hereby enacted:
Sections 3-1.202(c) through 3-1.202(k) are amended in their entirety as follows:
"(c) Classification "C": Special business licenses. Classification "C" licenses include
all businesses and persons involving massage -related services, including those set forth in this
subsection, and shall pay an annual license tax as determined by City Council fee resolution.
Classification "C": Special business licenses, shall be required for each person offering services
as defined by Section 5-24.01(c) of the Municipal Code:
(1) Massage therapists.
(2) Massage technicians.
(d) Requirements for Class "C": Special business licenses. All applicants and
applications for Class "C": Special business licenses, shall comply with the following standards:
(1) License Authority. The City Manager shall designate that position which
will serve as the business license administrator who shall have responsibility for processing and
authority over issuance of Class "C": Special business licenses.
(2) License Application. The City shall maintain application forms for public
convenience and efficient administration of this Title. Applicants for a Class "C": Special
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business license, shall submit the following information in order to constitute a complete
application:
(i) A completed City business license application.
(ii) A copy of the relevant school transcripts and verifiable work record
of the applicant including business name, supervisor's name, address, phone number, description
of duties, beginning month and year, and ending month and year.
(iii) A completed fingerprint card of the applicant prepared by the Orange
County Sheriff's Department
(iv) Annual business license tax and application processing fees, in order
to defray the reasonable costs of application processing including, but not limited to, fingerprint
processing, background checks, and staff time.
(3) Decision-making authority. The business license administrator shall have
authority to approve or deny any application for Class "C", Special business licenses. Decisions
of the business license administrator may be appealed pursuant to Section 3-1.202d(8), Appeals,
of these regulations. In cases where the administrator denies issuance of a business license, the
denial shall be based on one or more of the following findings:
(i) The application does not comply with the specific requirements of
this Title, or Title 5, Chapter 24, Regulation of Massage Therapy, or Title 9, Chapter 3, Article
1, Establishment of Districts: Official Zoning Map; and/or,
(ii) The applicant has submitted false or misleading statements or has
submitted falsified information or certificates as part of the license application; and/or,
(iii) The applicant has been convicted of any felony under the laws of the
State of California; or has been convicted of any offense of law in another state of the United
States which California classified as a felony; or has pleaded no contest to felony charges in the
State of California; or has pleaded no contest to any offense of law in another state of the United
States which California classifies as a felony; and/or,
(iv) The applicant has been convicted of any crime in violation of
California Penal Code Sections 647(a), 647(b), or 647(d), as amended.
(4) Process for Classification "C": Special business licenses. Prior to issuance
of a Class "C", Special business license, the business license administrator shall refer completed
business license applications and supporting documentation to that agency designated by the City
to conduct background checks. The extent of the background check shall be established by
administrative policy. The purpose of the background check shall be to determine compliance
with subsections (2)(ii), (3)(ii), (3)(iii) and (3)(iv) of this section.
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(5) Inspection of premises. All business license permittees shall allow the
business license administrator or designated City staff to inspect the business premises at any time
for compliance with the provisions of this title, or Title 5, Chapter 24, Regulation of Massage
Therapy, or Title 90, Chapter 3, Article 1, Establishment of districts: Official Zoning Map.
Failure of the business license permittee or their employees to allow inspection by City staff shall
be grounds for revocation of the business license.
(6) Suspension and Revocation Authority. Subsequent to business license
issuance, the City shall have the authority to initiate suspension or revocation proceedings and may
suspend or revoke any Classification "C": Special business license for one or more of the
following reasons:
(i) The business conducted on the premises is not substantially similar
to that for which the business license was approved and issued; and/or,
(ii) The business does not comply with the specific requirements of this
title, or Title 5, Chapter 24, Regulation of Massage Therapy, or Title 9, Chapter 3, Article 1,
Establishment of Districts: Official Zoning Map; and/or,
(iii) The business licensee submitted false or misleading statements or has
submitted falsified information or certificates as part of the license application; and/or,
(iv) The business licensee or employee has been convicted of any felony
under the laws of the State of California; or has been convicted of any offense of law in another
state of the United States which California classifies as a felony; or has pleaded no contest to
felony charges in the State of California; or has pleaded no contest to any offense of law in
another state of the United States which California classifies as a felony; and/or,
(v) The business licensee or an employee has been convicted of any
crime in violation of California Penal Code Sections 647(a) 647(b), or 647(d), as amended.
(7) Revocation Process. Upon a determination by the City that a Classification
"C": Special business license permittee has violated the provisions of subsection (6) of this
section, the business license administrator shall schedule a suspension or revocation hearing before
the Business License Hearing Officer as designated by the City Manager. The City shall provide
notice to the business license permittee of the time, date, and location of the revocation hearing.
The City shall provide the business license permittee with the opportunity to show cause as to why
the City should not suspend or revoke the business license. The Business License Hearing Officer
shall have suspension and revocation authority and action to revoke any business license shall be
made in writing and shall be posted within five (5) days following the administrative hearing.
(8) Appeals. Decisions of the Business License Hearing Officer to deny,
suspend, or revoke a license may be appealed to the City Manager by filing a written notice of
appeal with the City Clerk no later than fifteen (15) days after the date of the written decision.
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The written decision shall specifically state the factual and legal basis of the appeal, and the basis
for any decision to deny, suspend or revoke the business license. Within ten (10) days of filing,
the City Clerk shall schedule the appeal for consideration by the City Manager who shall conduct
an appeal hearing within thirty (30) days of filing. The City shall notify the appellant and licensee
in writing of the date, time, and location of the hearing. The City Manager shall notify.the
appellant of his decision, in writing, within ten (10) days. The appellant or licensee may seek
prompt judicial review of the administrative appeal action pursuant to California Code of Civil
Procedure Section 1094.5."
Title 5, Chapter 24 is amended in its entirety to read as follows:
Chapter 24 ,
Regulation of Massage Therapy
Section 5-24.01. Purpose and Intent.
The purpose and intent of this ordinance shall be to regulate the operation of
massage practitioners, massage therapists, and massage technicians in order to protect the public
health, safety and welfare.
Section 5-24.02. Definitions.
The following definitions shall apply to the administration of this Chapter.
(a) "Massage" means any method of treating the external body for the purpose
of stress reduction, therapeutic healing, improved circulation, or related purpose which consists
of rubbing, stroking, kneading, adjusting, or taping with the hand(s) or instrument(s), including
but not limited to acupressure, amma, massotherapy, reflexology, rolfing, shiatsu, sports massage,
Swedish massage, and related massage modalities.
(b) "Massage therapy" means any business or service which employs massage
therapists and/or massage technicians and renders services as defined under the term "massage."
(c) "Accessory massage therapy" means any business or service which employs
massage therapists and/or massage technicians and renders services as defined under the term
"massage% provided however, that such service is conducted under the direct supervision of a
person holding a Classification "B", Professions business license (medically related).
(d) "Outcall massage therapy" means any massage therapist licensed by the City
who renders services as defined under the term "massage," and involves provision of the service
at the client's residence, place of employment, or other client location. Licensed massage
therapists who provide "outcall massage therapy" service, may reside within or outside the City,
or conduct business from a permanent business location within or outside the City, provided
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however, that permanent business locations in the City shall comply with Title 9, Land Use Code.
Massage technicians may not provide "outcall massage therapy."
(e) "Massage technician" means any person who practice(s massage as defined
in subsection (a), meets the requisite training standards, and has been issued a Classification" -C"
,
Special business license as defined in Section 3-1.202(c) of the Municipal Code, provided
however, that massage technicians shall be required to work under the direct supervision of a
licensed massage therapist or under the direct supervision of a person holding a "Classification
"B", Professions business license (medically related) as defined in Section 3-1.202(b) of the
Municipal Code.
(f) "Massage therapist" means any person who practice massage as defined in
subsection (a), meets the requisite training standards, and has been issued a Classification "C",
Special business license as defined in Section 3-1.202(c) of the Municipal Code, except those
persons who are licensed under a"Classification"B", Professions business license (medically
related) as defined in Section 3-1.202(b) of the Municipal Code.
(g) "Recognized School of Massage" means any school or institution:
(i) Certified by the State of California Council on Private, Post
Secondary Education, which offers a course of study in massage as defined in subsection (a); and,
(ii) Approved, recognized, and/or accredited by the Commission on
Massage Training Accreditation & Approval (COMTAA); or, the International Massage and
Somatic Therapies Accreditation Council (IMSTAC); or the Accredited Career Schools and
Colleges of Technology (ACCSCT); or, the International Myomassethics Federation (IMF); or,
the Accrediting Council for Continuing Education and Training (ACCET); or, has been reviewed
by the City to determine compliance with appropriate education and curriculum standards
established by Administrative Policy, and has been placed on the City's "List of Recognized
Schools of Massage. "
Section 5-24.03. Standards.
The following standards shall apply to massage technicians and massage therapists:
(a) Training standards.
(i) Massage technicians. Massage Technicians shall have completed a
resident course of study from a recognized school of massage with a minimum of two hundred
(200) hours of training to be given in not less than three (3) months.
(ii) Massage Therapists. Massage therapists shall have completed a
resident course of study from a recognized school of massage with a minimum of five hundred
(500) hours of training to be given in not less than six (6) months; or a minimum of two hundred
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(200) hours of training to be given in not less than i'iree (3) months and one (1) year of experience
employed as a massage practitioner; or, a minimum of two hundred (200) hours of training to be
given in not less than three (3) months and a combination of supplemental training and experience
equivalent to three hundred (300) hours of training at the rate of one (1) month of experience
employed as a massage practitioner being equivalent to twenty-five (25) hours of study from a
recognized school of massage.
(b) Maintenance of premises. All massage therapy businesses, with the
exception of outcall massage therapy, shall comply with the following standards:
(i) Businesses shall maintain a seating/reception area with information
on the types of massage treatments available.
(ii) Businesses shall prominently display the City business license, and
all educational and training certificates of massage therapists and technicians employed on the
premises in the reception area."
Title 9, Chapter 3, Article 4, Section 9-3.414(c) is amended to add the following subsection:
"(4) accessory massage therapy (as defined in Section 5-24.02(b) of the Municipal
Code. "
Title 9, Chapter 3, Article 4, Section 9-3.414(d) is amended to add the following subsection:
"(19) massage therapy (as defined in Section 5-24.02(b) of the Municipal Code."
Massage practitioners presently holding a valid Class "C", Special business license
within the City shall be considered legal, non -conforming and shall not be required to comply,
at the time of annual business license renewal, with the standards established by Section 5-
24.03(a), Training Standards of this Ordinance. All other provisions of this Ordinance shall apply
to all presently -licensed massage practitioners as well as persons seeking a new Class "C" license
for massage technicians, or massage therapist.
Furthermore, existing massage therapy businesses shall be considered legal non-
conforming uses pursuant to Title 9, Chapter 1, Article 3, Non -conforming Uses, Lots and
Structures, and shall not be required to secure a conditional use permit for massage therapy uses
pursuant to Section 9-3.414(d)(19) unless the non -conforming use is discontinued for any period
of time, as evidenced by the expiration of all valid Class "C" business licenses at the non-
conforming business location.
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This Ordinance shall take effect and be in force thirty (30) days after its passage.
SECTION 5. City Clerk's Certification.
The City Clerk shall certify to the adoption of this Ordinance and cause the same
to be posted at the duly designated posting places within the City and published once within fifteen
(15) days after passage and adoption as required by law; or, in the alternative, the City Clerk may
cause to be published a summary of this Ordinance and a certified copy of the text of this
Ordinance shall be posted in the Office of the City Clerk five (5) days prior to the date of adoption
of this Ordinance; and, within fifteen (15) days after adoption, the City Clerk shall cause to be
published the aforementioned summary and shall post a certified copy of this Ordinance, together
with the vote for and against the same, in the Office of the City Clerk.
PASSED,
December
ATTEST:
APPROVED AND ADOPTED this 3rd day of
1996.
MAYOR
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063
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrno,
California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance
No. 785 which was introduced at a meeting of the City Council of the City of San Juan
Capistrano, California, held on November 19. , 1996, and adopted at a
meeting held on December 3, , 1996, by the following vote:
AYES: Council Members Campbell, Jones, Nash Swerdlin
and Mayor Hart
NOES: None
ABSTAIN: None
ABSENT: None
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