Ordinance Number 930I
ORDINANCE NO. 930
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING MUNICIPAL CODE SECTION 5-24.17 OF
CHAPTER 24 "REGULATION OF MASSAGE THERAPY" RELATED TO
HEARINGS FOR REVOCATION OR NON -RENEWAL OF MASSAGE
LICENSES
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Code Amendment.
Municipal Code Section 5-24.25 "Hearing for Revocation or Non -Renewal of
License", of Chapter 24, "Regulation of Massage Therapy", of Title 5 "Public Welfare" is
hereby amended to read as follows:
"Section 5-24.25. Hearing for Revocation or Non -Renewal of Massage
Licenses.
a.
The Administrative Services Director shall conduct a hearing within thirty
(30) days, or as soon as reasonably practicable thereafter, of the City's
'
mailing of the notices set forth Sections 5-24.23 and 5-24.24 of this
chapter.
b.
The City shall have the initial burden of proof.
C.
Within ten (10) days of the conclusion of the hearing, the Director shall
make a determination and to whether grounds for revocation or
nonrenewal exist, and shall prepare a written decision, supported by
written findings based on the evidence submitted. A copy of such decision
shall be forwarded by first class mail to the licensee.
d.
The decision of the Director shall be appealable to the City Manager, or
his designee, by the filing of a written appeal with the City Clerk within
fifteen (15) days following the day of mailing of the decision. The City
Manager, or his designee, shall conduct an appeal hearing following the
same procedure as conducted by the Administrative Services Director.
e.
At the conclusion of the hearing, the City Manager, or his designee, shall
issue a written determination within fifteen (15) calendar days of the
hearing citing the reason for his/her conclusions. The decision shall be
mailed by first class mail to the appellant. The decision of the City
Manager, or his appointed designee, shall be final and shall be subject to
judicial review pursuant to Code of Civil Procedure section 1094.5.
Page 1 of 2
SECTION 2. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after its passage.
SECTION 3. 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, APPROVED A7Sa
ADOPT D this 4th day of August 2007.
Allevato. MAYOR
Page 2 of 2
STATE OF CALIFORNIA )
' COUNTY OF ORANGE
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do
hereby certify that the foregoing is a true and correct copy of Ordinance No. 930 which was
regularly introduced and placed upon its first reading at the Regular Meeting of the City Council
on the 21St day of August 2007 and that thereafter, said Ordinance was duly adopted and
passed at the Regular Meeting of the City Council on the 4th day of September 2007 by the
following vote, to wit:
AYES:
NOES
ABSENT:
COUNCIL MEMBERS: Nielsen, Hribar, Uso, Soto, and Mayor Allevato
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
A
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO)
I, MARGARET R. MONAHAN, declares as follows:
That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano; That in
compliance with State laws, Government Code section 36933(1) of the State of California, on
the 22 n day of August, 2007, at least 5 days prior to September 4, 2007, the date of adoption of
the ordinance, I caused to be posted a certified copy of the proposed Ordinance entitled:
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING MUNICIPAL CODE SECTION 5-24.17 OF CHAPTER 24
"REGULATION OF MASSAGE THERAPY" RELATED TO HEARINGS FOR
REVOCATION OF NON -RENEWAL OF MASSAGE LICENSES
This document was posted in the Office of the
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO)
Clerk
wil j 1�
Capistrano, California
AFFIDAVIT OF POSTING
I, MARGARET R. MONAHAN, declare as follows: That I am the duly appointed and qualified
City Clerk of the City of San Juan Capistrano; That in compliance with State laws, Government
Code section 36933(1) of the State of California. On the 5 day of September 2007 1 caused to
be posted a certified copy of Ordinance No. 930, adopted by the City Council on September 4,
2007 entitled:
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING MUNICIPAL CODE SECTION 5-24.17 OF CHAPTER 24
"REGULATION OF MASSAGE THERAPY" RELATED TO HEARINGS FOR
REVOCATION OF NON -RENEWAL OF MASSAGE LICENSES
This document was posted in the Office of the City Clerk
ET R. MONAHAN, CITY C
Capistrano, California