Ordinance Number 732442
ORDINANCE NO. 732
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING TITLE 3, CHAPTER I AND ADDING
CHAPTER 24 TO TITLE 5 OF THE SAN JUAN CAPISTRANO
MUNICIPAL CODE RELATING TO MASSAGE LICENSING
(URGENCY)
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings.
An urgency ordinance pursuant to Government Code Section 36937(b) for the
immediate preservation of the public peace, health or safety, upon a four-fifths vote of
the approval by the City Council, based upon the following findings of fact:
Unregulated massage establishments pose an immediate and urgent risk of
harm to the citizens and guests in the City:
1. As severe pain can be caused by the improper use of massage and
manipulation.
2. By creating a conducive atmosphere for the spread of disease.
3. By creating an environment for the spread of prostitution.
SECTION 2. Amendments.
In order to bring the licensing of all persons and premises under the guidelines
set forth in the Municipal Code, and based on the findings set forth in Section 1,
preceding, the Municipal Code is hereby amended as follows:
Add:
Section 3-1.104(f) - Where the nature of any business, trade, calling,
profession, exhibition or vocation is considered a Class "C" business by this code, the
applicant shall be required to submit to a fingerprint background check.
Remove:
Section 3-1.202(ax48)
to Section 3-1.202:
(c) Classification "C": Special Business Licenses. All businesses of a
personal and professional nature, including those set forth in this
subsection shall be designated Classification "C" and shall pay an annual
license tax of twenty-five and no/100ths ($25.00) dollars for each
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professional person employed and five and no/100ths ($5.00) dollars for
each non-professional employee. All processing fees for background
checks shall be paid by the applicant.
(1) Masseurs and Masseuses
(2) Massage Therapist
(d) Issuing Official. All licenses issued pursuant to this title shall be issued
by the issuing official of the City.
(e) Applications. The issuing official shall receive all applications for
massage licenses and shall provide such application forms as necessary
for the convenience of the public and the economic and efficient
administration of this title.
(f) Processing Fees. The City shall specify the amount of fees collected for
each application or license or both. The fee shall be such as to
compensate the City for costs incurred in the processing of the
application. These costs include, but are not limited to fingerprint
processing, background checks, and associated staff time.
(g) Duration. Each license shall be valid as all other business licenses in the
City.
(h) Reasons for Denial. The issuing official shall deny the application for a
license if he/she finds:
(1) That the applicant does not fulfill the specific requirements for
such license as set forth in this Municipal Code.
(2) That the applicant has made any false or misleading statements in
the application.
(3) That the applicant is not of good moral character. If the applicant
has been convicted of any felony under the laws of this state or has
been previously convicted of an offense under the laws of any other
state of the United States which offense, if committed in this State
would have been punishable as a felony, it shall be presumed that
he/she is not of good moral character.
(4) That the applicant has been convicted of any crime as defined in
California Penal Code Sections 647(a), 647(b), or 647(d).
(5) That the applicant is not a fit person to carry on the licensed
business.
(6) That the carrying on of the license business as described in the
application will be detrimental to the public health, public morals,
or public order.
(i) Investigation and Issuance. Prior to issuing the license, the issuing
official shall make such investigation as he/she deems necessary to
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determine whether the applicant meets the requirements and
qualifications for such license, and shall thereafter either issue a license
to the applicant or shall notify the applicant in writing that his/her
application is denied. The issuing official may consult with and ask any
other City official or department prior to the issuance of any license
under this title, and shall, at the request of any City officer or
department, supply such officer or department with a copy of such
license or application therefore.
(j) Inspection. Every applicant or licensee shall permit the issuing official
access to any premises used in the conduct of the licensed business at all
reasonable times and any records required to be maintained by this title,
and the issuing official shall make such inspections thereof as he/she
deems necessary from time to time.
(k) Revocation. When the issuing official has issued any license under the
terms of this title, the same may be revoked at any time thereafter by
the issuing official if he/she becomes satisfied that the conduct of the
licensed business does not or will not comport with the public welfare for
any reason or that the same has been conducted in an illegal, improper or
disorderly manner, or in a manner substantially different from that
described in the application, or for any reason for which the license
application could have been denied.
ADD Chapter 24 to Title 5:
Section 5-24.01. Regulation of Hassage Licensing. Definitions
(a) "Massage" means a method of treating the external parts of the body for
remedial or hygienic purposes, consisting in rubbing, stroking, kneading,
adjusting or tapping with the hand or hands or any instrument.
(b) "Massage Parlor" means any Turkish Bath parlor, Battle Creek system
treatments, magnetic healing institute, massage parlor or any place or
institution where treatment of any nature for the human body is given by
means of massage as herein defined.
(c) "Masseur, Masseuses, Massagist or Massage Technician" means both the
singular and plural, and shall mean and include any person who practices
massage as herein defined, except a physician, surgeon, chiropractor,
osteopath or registered physical therapist or a nurse or other person
working under the direct supervision of a physician, surgeon,
chiropractor, osteopath or registered physical therapist duly licensed to
practice their respective professions in the State of California.
(d) "Recognized School of Massage" means any school or institution of
learning which has for its purpose the teaching of the theory, method,
profession or work of massagist, masseuse or masseur and which school
requires a resident course of study of not less than two hundred (200)
hours to be given in not less than three (3) calendar months before the
student shall be furnished with a diploma or certificate of graduation
from such school or institution of learning, showing the successful
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completion of such course of study or learning. (See Section 3-1.202(d)
of Title 3 of this Municipal Code for permit requirements.)
SECTION 3. Effective Date.
This Ordinance shall take effect immediately upon passage.
SECTION 4. City Clerk's Certification.
The City Clerk shall certify to the adoption of this Ordinance and cause the
same to be published once as required by law and posted at the duly designated posting
places within the City of San Juan Capistrano within fifteen (15) days after its passage.
1993.
- ATTEST:
PASSED. APPROVED, AND ADOPTED this 6th day of July
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of
Ordinance No. 77,-) which was i le€ the Oily
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a meeting held on July 6 , 1993, by
adopted at
AYES: Council Members Nash, ltausdorfer, Campbell, Vasquez and
Mayor Jones
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL) y vtt�t�l�
CITFRYL JOH O CITY CLERK
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