ORD 384 ORDINANCE NO. 384
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
AMENDING TITLE 5 OF THE RANCHO PALOS VERDES
MUNICIPAL CODE BY AMENDING REGULATIONS GOVERNING
MASSAGE ESTABLISHMENTS AND MASSAGE TECHNICIANS.
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 5.08.190 to Chapter 5.08 to read as follows:
"5.08.190. Section 7.54.060 of Massage Ordinance amended. Notwithstanding the
provisions of Section 5.08.080, the Massage Ordinance is hereby amended by
amending Section 7.54.060 thereof to read as follows:
`Section 7.54.060. Employment of unlicensed massage technicians
prohibited.
No licensee or person required by this Part 1 to obtain a license and no person
or facility expressly exempted under Section 7.54.040 from the application of
this Part 1 shall hire or employ a massage technician unless such massage
technician possesses a valid, subsisting license required by Part 2 of this
chapter or any paramount state law.-
Section 2. Title 5 of the Rancho Palos Verdes Municipal Code is hereby
amended by adding new Section 5.08.200 to Chapter 5.08 to read as follows:
"5.08.200. Section 7.54.200 of Massage Ordinance amended. Notwithstanding the
provisions of Section 5.08.080, the Massage Ordinance is hereby amended by
amending Section 7.54.210 thereof to read as follows:
`Section 7.54.200. Massage technicians defined.
A. As used in Part 1 and Part 2 of this chapter, `massage technician' means
any persons, male or female, who administer to any person, for any form of
consideration or gratuity, a `massage' or `massage services' as defined in
Section 7.54.010 of this chapter. A `massage technician' includes a student at
a school of massage who administers a massage or massage services to any
person who pays for or gives a gratuity for such, whether the payment or
gratuity is to such student or to the school. A `massage technician' also
includes any person hired or employed by a person or facility listed in Section
7.54.040 to administer a "massage" or provide "massage services," unless the
massage technician also is included within one of the exceptions specified in
Section 7.54.040.-
Section 3. Title 5 of the Rancho Palos Verdes Municipal Code is hereby
amended by adding new Section 5.08.210 to Chapter 5.08 to read as follows:
"5.08.210. Section 7.54.196 added to Massage Ordinance. Notwithstanding the
provisions of Section 5.08.080, the Massage Ordinance is hereby amended by adding
Section 7.54.196 thereto to read as follows:
`Section 7.54.196. Hardship waiver.
(a) Hardship waiver. Any person subject to the provisions of this Part 1 who
provides massage services as a secondary service in connection with a
business that was lawfully in existence at that location on February 1, 2002,
where no more than one massage therapist provides massage services at said
business at any one time, may apply for a hardship waiver relieving him/her
from complying with the facilities requirements set forth in Sections 7.54.070
through 7.54.130, inclusive, under either of the following circumstances:
(i) the facility in question lacks the physical space to comply with the
requirements set forth in Sections 7.54.070 through 7.54.130,
inclusive; or
(ii) compliance with the requirements set forth in Sections 7.54.070
through 7.54.130, inclusive, would cause an undue financial
hardship to the applicant.
(b) Application. Requests for a hardship waiver shall be submitted to the City
Manager on a form furnished by the City. The application shall be
accompanied by a sworn affidavit, together with any supporting documents or
materials, demonstrating to the reasonable satisfaction of the City Manager (or
the City Manager's designee) that the facility complies with the requirements of
paragraph (a) of this section and lacks the physical space to meet the
requirements set forth in Sections 7.54.070 through 7.54.130, inclusive, or that
compliance with said requirements would cause an undue financial hardship to
the applicant.
(c) Findings. The City Manager (or the City Manager's designee) shall issue
the hardship waiver or deny the request within fifteen (15) business days of
receipt of the application. The City Manager or his or her designee may
issue a hardship waiver if he/she finds that the facility complies with the
requirements of paragraph (a) of this section and that the supporting
documentation submitted with the application demonstrates to his or her
satisfaction that either: (i) the facility lacks the physical space to meet the
requirements set forth in Sections 7.54.070 through 7.54.130, inclusive, or
(ii) compliance with the requirements set forth in Sections 7.54.070 through
7.54.130, inclusive, would cause an undue financial hardship to the
applicant who is requesting the hardship waiver. The City Manager (or the
City Manager's designee) shall issue a written notice of determination and
shall serve such written notice of determination on the person requesting the
Ordinance No. 384
Page 2 of 4
hardship waiver via certified mail, return receipt requested. If the application
is denied, the notice shall set forth the reason(s) for the denial. The
determination rendered by the City Manager (or the City Manager's
designee) shall be final.
(d) Duration of Waiver. Any hardship waiver granted pursuant to this Section
shall immediately terminate if the facility is sold or ownership of the facility
otherwise changes."
Section 4. Title 5 of the Rancho Palos Verdes Municipal Code is hereby
amended by adding new Section 5.08.220 to Chapter 5.08 to read as follows:
"5.08.220. Section 7.54.240 of Massage Ordinance amended. Notwithstanding the
provisions of Section 5.08.080, the Massage Ordinance is hereby amended by
amending Section 7.54.240 thereof to read as follows:
`Section 7.54.240. License —Applicant qualifications —Verification.
A. The applicant shall:
1. Furnish with his/her application a diploma or certificate of graduation
from a recognized school wherein the method, profession and work of a
massage technician is taught; or
2. Furnish with his/her application a diploma or certificate from a school
outside of the state of California which substantially complies with the
educational requirements of Section 29025 of the Education Code of this state;
or
3. Have had not less than five years' experience as a practicing
massage technician and furnish proof thereof.
B. Any department that has as one of its duties the investigation of this
licensed activity or enforcement of this title shall have the right to verify for
authenticity the information supplied pursuant to this Section. Such verification
may include administering oral or written practical exams to an applicant for a
massage technician license for the purpose of determining the applicant's
qualifications to perform the massage services that would be authorized by the
license."
Section 5. 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.
Ordinance No. 384
Page 3 of 4
Section 6. 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 November 2002.
Ad
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Mayor
Attest:
1 N
40
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
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 of said City is five; the foregoing Ordinance
No. 384 passed first reading on November 5, 2002, was duly and regularly adopted by the
City Council of said City at a regular meeting thereof held on November 19, 2002, and that
the same was passed and adopted by the following roll call vote:
AYES: Clark, Ferraro, Gardiner, Stern, and Mayor McTaggart
NOES: None
ABSENT: None
ABSTAIN: None
City Clerk
Ordinance No. 384
Page 4 of 4
-4j!
RANCHO 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 November 21, 2002, she caused to be posted the following document
entitled:
Ordinance No. 384 — Regarding Amendments to Title 5 of the Rancho Palos Verdes
Municipal Code by Amending Regulations Governing Massage Establishments and
Massage Technicians, a copy of which is attached hereto, in the following locations:
City Hall Ladera Linda Community Center
30940 Hawthorne Blvd. 32201 Forrestal Drive
Rancho Palos Verdes Rancho Palos Verdes
Ryan Park Hesse Park
30359 Hawthorne Blvd. 29301 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.
I a / , , Ail , ,
.....— /
City Clerk
W:\Ordinances\affidavits\Ordinance 384-Amendments to Title 5-Massage Establishments.doc