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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 -1- t43 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 -2- 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 -3- X45 1 - 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 ---- 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 QT