ORD 373 ORDINANCE NO. 373
AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES ADOPTING BY REFERENCE DIVISION 1 OF
TITLE 7 (GENERAL LICENSING PROCEDURES) AND
CHAPTER 7.54 OF DIVISION 2 OF TITLE 7 (MASSAGE) OF
THE LOS ANGELES COUNTY CODE AND AMENDING THE
RANCHO PALOS VERDES MUNICIPAL CODE.
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Title 5 of the Rancho Palos Verdes Municipal Code is hereby
amended by adding new Section 5.08.050 to Chapter 5.08 to read as follows:
"5.08.050. Sections 591 through 599, inclusive, of Article 11 of Chapter II
repealed. Notwithstanding the provisions of Section 5.08.010, Sections 591,
591.1, 591.2, 591.3, 591.4, 591.5, 591.6, 591.7, 591.8, 591.9, 592, 592.1, 592.2,
593, 594, 595, 596, 597, 598, and 599 of the Licensing Ordinance are repealed."
Section 2. Title 5 of the Rancho Palos Verdes Municipal Code is hereby
amended by adding new Section 5.08.060 to Chapter 5.08 to read as follows:
"5.08.060. Los Angeles County licensing procedures adopted.
A. Except as hereinafter provided, Division 1 of Title 7 (General Licensing
Procedures) of the Los Angeles County Code, as amended and in effect on
January 1, 2002, is hereby adopted by reference as the Business Permit
Ordinance of the city of Rancho Palos Verdes and may be cited as such.
B. A copy of the Regulatory Business Permit Ordinance, as amended and in
effect on January 1, 2002, has been deposited in the office of the city clerk of
the city of Rancho Palos Verdes and shall, at all times, be maintained by the
clerk for use and examination by the public."
Section 3. Title 5 of the Rancho Palos Verdes Municipal Code is
hereby amended by adding new Section 5.08.070 to Chapter 5.08 to read as follows:
"5.08.070. Section 7.06.020 of Business Permit Ordinance amended.
Notwithstanding the provisions of Section 5.08.060, Section 7.06.020 of the
Business Permit Ordinance is hereby amended by adding new subsection (F) to
read as follows:
`(F) Where fingerprinting and photo identification is required by an
application for a particular business permit, the rules and
regulations governing the procedure for such fingerprinting and
photo identification shall be established by the Los Angeles County
Sheriff's Department, License Detail."
Section 4. Title 5 of the Rancho Palos Verdes Municipal Code is hereby
amended by adding new Section 5.08.080 to Chapter 5.08 to read as follows:
"5.08.080. Los Angeles County massage regulations adopted.
A. Except as hereinafter provided, Chapter 7.54 of Division 2 of Title 7
(Massage) of the Los Angeles County Code, as amended and in effect on
January 1, 2002, is hereby adopted by reference as the Massage Regulation
Ordinance of the city of Rancho Palos Verdes and may be cited as such.
B. A copy of the Massage Regulation Ordinance, as amended and in effect on
January 1, 2002, has been deposited in the office of the city clerk of the city of
Rancho Palos Verdes and shall, at all times, be maintained by the clerk for
use and examination by the public."
Section 5. Title 5 of the Rancho Palos Verdes Municipal Code is hereby
amended by adding new Section 5.08.090 to Chapter 5.08 to read as follows:
"5.08.090. Section 7.54.010 of Massage Ordinance amended.
Notwithstanding the provisions of Section 5.08.080, Section 7.54.010 of the
Massage Ordinance is hereby amended by adding the following definitions
thereto:
"`Recognized school of massage' means any school or institution of learning
which teaches the theory, ethics, practice, profession, or work of massage, which
has been approved pursuant to the California Education Code. A school offering
a correspondence course not requiring attendance shall not be deemed a
recognized school. The city shall have a right to confirm that the applicant has
actually attended class in a recognized school.
`Specified anatomical areas' means the following:
(1) Less than completely and opaquely covered human (i) genitals or
pubic region; (ii) buttocks; and (iii) female breast below a point
immediately above the top of the areola;
(2) Human male genitals in a discernibly turgid state, even if
completely and opaquely covered;
(3) Any device, costume or covering that simulates any of the body
parts included in subparagraphs (1) or (2) above."
Ordinance No. 373
Page 2 of 7
Section 6. Title 5 of the Rancho Palos Verdes Municipal Code is hereby
amended by adding new Section 5.08.100 to Chapter 5.08 to read as follows:
"5.08.100. Section 7.54.025 added to Massage Ordinance. Notwithstanding
the provisions of Section 5.08.080, the Massage Ordinance is hereby amended
by adding Section 7.54.025 thereto to read as follows:
`Section 7.54.025. License — Information required in application.
In addition to the requirements of Section 7.06.020, an application for a
license required by this Part 1 shall also provide the information set forth
in Section 7.54.230 of Part 2 of this Chapter .""
Section 7. Title 5 of the Rancho Palos Verdes Municipal Code is hereby
amended by adding new Section 5.08.110 to Chapter 5.08 to read as follows:
"5.08.110. Section 7.54.040 of Massage Ordinance amended.
Notwithstanding the provisions of Section 5.08.080, the Massage Ordinance is
hereby amended by amending Section 7.54.040 thereof to read as follows:
`Section 7.54.040. Exceptions to chapter applicability.
This Part 1 does not apply to any of the following:
(a) Physicians, surgeons, chiropractors, osteopaths, physical
therapists who are duly licensed to practice their respective professions in
the state.
(b) Nurses registered under the laws of the state.
(c) Persons who are licensed to practice any healing art under
the applicable provisions of the Business and Professions Code of the
state of California or any other statute of this state who provide any
treatment administered in good faith.
(d) Barbers, cosmetologists and electrolysists who are duly
licensed under the laws of the state while engaging in practice within the
scope of their licenses, except that this exemption shall apply solely to the
massaging of the neck, face, and/or scalp of the customer or client.
(e) Hospitals, nursing homes, sanatoriums, or other health care
facilities duly licensed by the state.
(f) Accredited high schools, junior colleges, and colleges or
universities whose coaches and trainers are acting within the scope of
their employment.
Ordinance No. 373
Page 3 of 7
(g) Trainers of amateur, semi-professional or professional
athletes or athletic teams.
(h) Any business duly licensed as a health club, provided only
one massage table is used at such location and provided such use is
incidental to the operation of the health club.'
Section 8. Title 5 of the Rancho Palos Verdes Municipal Code is hereby
amended by adding new Section 5.08.120 to Chapter 5.08 to read as follows:
"5.08.120. Section 7.54.160 of Massage Ordinance amended.
Notwithstanding the provisions of Section 5.08.080, the Massage Ordinance is
hereby amended by amending Section 7.54.160 thereof to read as follows:
`Section 7.54.160. Hours of operation.
The licensee shall not conduct or operate a massage parlor between the
hours of 9:00 p.m. and 7:00 a.m. of any day, and shall exclude all
customers, patrons and visitors therefrom between those hours.'
Section 9. Title 5 of the Rancho Palos Verdes Municipal Code is hereby
amended by adding new Section 5.08.130 to Chapter 5.08 to read as follows:
"5.08.130. Section 7.54.195 added to Massage Ordinance. Notwithstanding
the provisions of Section 5.08.080, the Massage Ordinance is hereby amended
by adding Section 7.54.195 thereto to read as follows:
`Section 7.54.195. Physical contact prohibited.
No massage parlor shall permit any massage technician, in the course of
administering any massage service, to expose his or her specified
anatomical areas or buttocks or to make physical contact with the
specified anatomical areas of any client. No massage parlor shall allow
any client, in the course of receiving any massage service, to expose to
view of other persons his or her specified anatomical areas or t0 make
physical contact with the specified anatomical areas or buttocks of any
massage technician or any other person."
Section 10. Title 5 of the Rancho Palos Verdes Municipal Code is hereby
amended by adding new Section 5.08.140 to Chapter 5.08 to read as follows:
"5.08.140. Section 7.54.230(J) of Massage Ordinance redesignated.
Notwithstanding the provisions of Section 5.08.080, the Massage Ordinance is
hereby amended by redesignating subsection (J) of Section 7.54.230 as
subsection (L)."
Ordinance No. 373
Page 4 of 7
Section 11. Title 5 of the Rancho Palos Verdes Municipal Code is hereby
amended by adding new Section 5.08.150 to Chapter 5.08 to read as follows:
"5.08.150. New Section 7.54.230(J) added to Massage Ordinance.
Notwithstanding the provisions of Section 5.08.080, the Massage Ordinance is
hereby amended by adding new subsection (J) to Section 7.54.230 to read as
follows:
`(J) All convictions for any crime, except for minor traffic violations, and
the reasons therefore.'"
Section 12. Title 5 of the Rancho Palos Verdes Municipal Code.is hereby
amended by adding new Section 5.08.160 to Chapter 5.08 to read as follows:
"5.08.160. Section 7.54.230(K) of Massage Ordinance amended.
Notwithstanding the provisions of Section 5.08.080, the Massage Ordinance is
hereby amended by amending subsection (K) of Section 7.54.230 to read as
follows:
`(K) The applicant's fingerprints in the manner prescribed by the Los
Angeles County Sheriff's Department. Any fees for the fingerprinting shall
be paid by the applicant"
Section 13. Title 5 of the Rancho Palos Verdes Municipal Code is hereby
amended by adding new Section 5.08.170 to Chapter 5.08 to read as follows:
"5.08.170. Section 7.54.265 added to Massage Ordinance. Notwithstanding
the provisions of Section 5.08.080, the Massage Ordinance is hereby amended
by adding new Section 7.54.265 to read as follows:
Section .7.54.265. Permit limitations — Off-premises massage
prohibited. No massage technician permitted pursuant to this Part 2 may
perform any massage or massage services in any location other than the
location or locations specified in the permit."
Section 14. Title 5 of the Rancho Palos Verdes Municipal Code is hereby
amended by adding new Section 5.08.180 to Chapter 5.08 to read as follows:
"5.08.180. Section 7.54.275 added to Massage Ordinance. Notwithstanding
the provisions of Section 5.08.080, the Massage Ordinance is hereby amended
by adding new Section 7.54.265 to read as follows:
Ordinance No. 373
Page 5 of 7
Section 7.54.275. Prohibited conduct — Physical contact. No
massage technician shall, in the course of administering any massage
service, expose his or her specified anatomical areas or buttocks or make
physical contact with the specified anatomical areas of any client. Nor
shall any massage technician allow any client, in the course of receiving
any massage service, to expose to view of other persons his or her
specified anatomical areas or buttocks or to make physical contact with
the specified anatomical areas or buttocks of the massage technician or
any other person."
Section 15. The City Clerk shall cause this Ordinance to be posted in
three (3) public places in the City within fifteen (15) days after its passage, in
accordance with the provisions of Section 36933 of the Government Code. The City
Clerk shall further certify to the adoption and posting of this Ordinance, and shall cause
this Ordinance and its certification, together with proof of posting, to be entered in the
Book of Ordinances of the Council of this City.
Section 16. This Ordinance shall go into effect and be in full force and
effect at 12:01 a.m. on the thirty-first (31St) day after its passage.
PASSED, APPROVED and ADOPTED this 19th day of February, 2002.
A,/ J .4,2" #
a :r Ay
ATTEST:
• ,
ity Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF RANCHO PALOS VERDES )
Ordinance No. 373
Page 6 of 7
I, Jo Purcell, City Clerk of the City of Rancho Palos Verdes, do hereby certify that
the whole number of members of the City Council is five, that the foregoing
Ordinance No. 373 passed first reading on February 7, 2002, was duly and
regularly adopted by the City Council of said City at a regular meeting thereof
held on February 19, 2002 and that the same was passed and adopted by the
following roll call vote:
AYES: Gardiner, Clark, Stern, Ferraro and Mayor McTaggart
NOES: None
ABSENT: None
ABSTAIN: None
(191;C;& C1)2( Odo
City Clerk
Ordinance No. 373
Page 7 of 7
ANCHO PALOS VERDES
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING
CITY OF RANCHO PALOS VERDES)
The undersigned, being first duly sworn, deposes and says:
That at all times herein mentioned, she was and now is the appointed City Clerk
of the City of Rancho Palos Verdes;
That on February 26, 2002 she caused to be
posted the following document entitled:
ORDINANCE NO. 373
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
ADOPTING BY REFERENCE DIVISION 1 OF TITLE 7
(GENERAL LICENSING PROCEDURES)AND CHAPTER 7.54
OF DIVISION 2 OF TITLE 7 (MASSAGE) OF THE LOS
ANGELES COUNTY CODE AND AMENDING THE RANCHO
PALOS VERDES MUNICIPAL CODE.
a copy of which is attached hereto, in the following locations:
City Hall Hesse Park
30940 Hawthorne Blvd. 29301 Hawthorne Blvd
Rancho Palos Verdes Rancho Palos Verdes
Ladera Linda Community Center Ryan Park
32201 Forrestal Drive 30359 Hawthorne Blvd.,
Rancho Palos Verdes Rancho Palos Verdes
I certify under penalty of perjury that the foregoing is a true and correct affidavit of
posting.
City Clerk
30940 Hawthorne Boulevard/Rancho Palos Verdes,CA 90275-5391/(310)377-0360/Fax(310)544-5291
www.palosverdes.com/rpv