HomeMy WebLinkAboutZOA MASSAGE MORATORIUM 2010 I I y 0 P M OESERI
73-510 FRED WARING DRIVE
PALm DESERT, CALIFORNIA 92260-2578
TEL: 76o 346—o6ii
FAX: 760 341-7098
info@palm-desert.org
CITY OF PALM DESERT
LEGAL NOTICE
CONSIDERATION BY THE CITY COUNCIL TO EXTEND FOR AN
ADDITIONAL ONE-YEAR PERIOD OF TIME THE MORATORIUM
REGARDING THE ISSUANCE OF CONDITIONAL USE PERMITS
FOR INDEPENDENT MASSAGE ESTABLISHMENTS, WHILE
OPTIONS FOR LONG-TERM REGULATORY STRATEGY ARE
STUDIED.
PROJECT DESCRIPTION:
The City Council will consider extending the moratorium on Independent Massage
Establishment so that the City can continue modifications to Palm Desert Municipal
Code Title 5 Business Taxes, Licenses and Regulations, Chapter 5.87, Massage
Establishments and Massagists. .
PROJECT LOCATION:
City wide, City of Palm Desert
PUBLIC HEARING:
SAID public hearing will be held on Thursday, August 26, 2010 at 4:00 p.m. in the Council
Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert,
California, at which time and place all interested persons are invited to attend and be
heard. Written comments concerning all items covered by this public hearing notice shall
be accepted up to the date of the hearing. Information concerning the proposed
moratorium is available for review in the Department of Community Development at the
above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If
you challenge the proposed actions in court, you may be limited to raising only those
issues you or someone else raised at the public hearing described in this notice, or in
written correspondence delivered to the City Council at, or prior to, the public hearing.
PUBLISH: Desert Sun Rachelle Klassen, City Clerk
August 14, 2010 City of Palm Desert, California
CITY OF PALM DESERT
LEGAL NOTICE
CONSIDERATION BY THE CITY COUNCIL RECOMMENDING THAT
A MORATORIUM BE PLACED ON ISSUANCE OF CONDITIONAL
USE PERMITS TO INDEPENDENT MASSAGE ESTABLISHMENTS,
WHILE OPTIONS FOR LONG TERM REGULATORY STRATEGY
ARE STUDIED.
PROJECT DESCRIPTION:
The City Council will consider recommending that a moratorium be placed on
Independent Massage Establishment so that City can begin modifications to Palm
Desert Municipal Code Title 5 Business Taxes, Licenses and Regulations, Chapter
5.87, Massage Establishments and Massagists.
PROJECT LOCATION:
City wide, City of Palm Desert
PUBLIC HEARING:
SAID public hearing will be held on Thursday, August 27, 2009 at 4:00 p.m. in the Council
Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert,
California, at which time and place all interested persons are invited to attend and be
heard. Written comments concerning all items covered by this public hearing notice shall
be accepted up to the date of the hearing. Information concerning the proposed
moratorium is available for review in the Department of Community Development at the
above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If
you challenge the proposed actions in court, you may be limited to raising only those
issues you or someone else raised at the public hearing described in this notice, or in
written correspondence delivered to the City Council at, or prior to, the public hearing.
PUBLISH: Desert Sun Rachelle Klassen, City Clerk
August 14, 2009 City of Palm Desert, California
I 1 y 0 F n l M 0 E E R 1
73-5i0 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-2578
TEL: 760 346—o6ii
FAX: 760 341-7098
info@palm-desert.org
CITY OF PALM DESERT
LEGAL NOTICE
NOTICE OF INTENT BY THE PLANNING COMMISSION
RECOMMENDING TO CITY COUNCIL ADOPTION OF A TEMPORARY
MORATORIUM ON INDEPENDENT MASSAGE ESTABLISHMENTS .
PROJECT DESCRIPTION:
The Planning Commission will consider recommending that the City Council adopt a
temporary Moratorium on Independent Massage Establishment so that City can begin
modifications to Palm Desert Municipal Code Title 5 Business Taxes, Licenses and
Regulations, Chapter 5.87, Massage Establishments and Massagists.
PROJECT LOCATION:
City wide, City of Palm Desert
PUBLIC HEARING:
SAID public hearing will be held on Tuesday, June 16, 2009 at 6.00 p.m. in the Council
Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert,
California, at which time and place all interested persons are invited to attend and be
heard. Written comments concerning all items covered by this public hearing notice shall
be accepted up to the date of the hearing. Information concerning the proposed
moratorium is available for review in the Department of Community Development at the
above address between the hours of 8.00 a.m. and 5.00 p.m. Monday through Friday. If
you challenge the proposed actions in court, you may be limited to raising only those
issues you or someone else raised at the public hearing described in this notice, or in
written correspondence delivered to the Planning Commission at, or prior to, the public
hearing.
PUBLISH: Desert Sun Lauri Aylaian, Secretary
June 6, 2009 Palm Desert Planning Commission
S f
V
ORDINANCE NO. 1215
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
-- DESERT, CALIFORNIA, APPROVING AMENDMENTS TO CHAPTER
5.87 MASSAGE ESTABLISHMENTS AND MASSAGISTS AND TO
CHAPTER 5.90 MASSAGISTS PERMITS OF TITLE 5 BUSINESS TAXES,
LICENSES AND REGULATIONS OF THE PALM DESERT MUNICIPAL
CODE.
WHEREAS, the City Council of the City of Palm Desert, California, did on the
26th day of August, 2010, hold a duly noticed public hearing to consider modification to
Chapter 5.87 and Chapter 5.90 of the Palm Desert Municipal Code; and
WHEREAS, said application has complied with the requirements of the "City of
Palm Desert Procedure for Implementation of the California Environmental Quality Act,"
Resolution No. 06-78, and the Director of Community Development has determined that
the proposed revision to the Health and Safety Code is not a project as defined under
CEQA and no further environmental review is necessary; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all interested persons desiring to be heard, said City Council
did find the following facts and reasons to exist to justify approval of the said
amendments:
1 . That the proposed amendment will not negatively impact the public health, safety,
or general welfare.
2. That stand alone, independent massage establishments have generated public
complaint and police activity. This has resulted in the closure of a number of
massage establishments where the owners and/or employees have been
engaging in prostitution and other activities.
3. Secondary uses are massage services offered at resort hotel locations, salons,
skin care, pilates, yoga, chiropractor and other health services locations. These
establishments historically do not generate calls for services from police or Code
Enforcement.
4. To assure continuity of revenue to the General Fund, it is important to have a
balance of business types in the city. Too great of a concentration of any one
type of business can lead to revenue shortage when there is a downturn in that
particular market.
5. To maintain its stature as a high-end destination resort, with first-rate services
and amenities for its residents, it is important for the city to provide a blend of the
types and quality of businesses available to residents and visitors.
ORDINANCE NO. 1215
6. The amended Massage Ordinance would provide the City of Palm Desert the
ability to enhance the community compatibility and policing, and to ensure that
balances of land and business types are maintained throughout the City.
Therefore, for these reasons, the amendments to the municipal code are deemed by the
City Council to be necessary.
THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DOES
ORDAIN AS FOLLOWS:
SECTION 1 : That the above recitations are true and correct and constitute the
findings of the City Council on this matter.
SECTION 2: Palm Desert Municipal Code Chapter 5.87 and Chapter 5.90 are
hereby amended and restated as described in Exhibit A and Exhibit
B, respectively, attached hereto.
SECTION 3: That the City Clerk of the City of Palm Desert, California, is hereby
directed to publish this ordinance in the Desert Sun, a newspaper
of general circulation, published and circulated in the City of Palm
Desert, California, and shall be in full force and effective thirty (30)
days after its adoption.
PASSED, APPROVED AND ADOPTED by the Palm Desert City Council this 9th day
of September, 2010, by the following vote to wit:
AYES: BENSON, FERGUSON, and FINERTY
NOES: NONE
ABSENT: SPIEGEL
t
ABSTAIN: NONE
C DY FIN T , Mayor
ATTEST:
GRkCE L. MENDOZA, Deput City Clerk
City of Palm Desert, California
9/,S-. la
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ORDINANCE NO. 1215
EXHIBIT "A"
}`L That Title 5, Chapter 5.87 Massage Establishments and Massagists of the Business
Taxes, Licenses and Regulation is hereby amended where indicated in bold font as
follows..
Chapter 5.87 MASSAGE ESTABLISHMENT AND MASSAGISTS
5.87.020 Definitions.
Unless the particular provision or the context otherwise requires, the definitions
and provisions contained in this section shall govern the construction, meaning and
application of words and phrases used in this Chapter:
California Massage Therapy Council (CMTC) means a state-organized non-
profit organization created to regulate the massage industry as set forth in
Chapter 10.5 of Division 2 of the Business and Professions Code of the state
(commencing with Section 4600).
City manager means the city manager of the city of Palm Desert, or his or her
designated representative.
CMTC-certified establishment is either (1) a massage establishment or
business that is a sole proprietorship, where the sole proprietor is certified by the
CMTC or (2) a massage establishment or business that employs or uses only
persons certified by the CMTC to provide massage services.
Communicable disease means tuberculosis, hepatitis, or any disease which may
be transmitted to a patron through normal contact during the performance of any
massage service, and does not include venereal or sexually transmitted diseases,
which would not be transmitted to patrons through normal contact during the
performance of any massage service.
Communication device means any video or other type of camera device
whether it is free standing, temporarily or permanently mounted to a fixed surface
indoors or outdoors.
Day spas are places where baths, steam, sauna, body wraps, salt glows
and other exfoliating treatments, hot and cold packs, compresses, and other
forms of hydrotherapy, are given as well as facials, exercise classes, all services
being directed toward health.
Director means the director of finance or his or her delegated representative.
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ORDINANCE NO. 1215
Employee means any person over eighteen years of age other than a massagist
who renders any service in connection with the operation of massage business and
receives compensation from the operator of the business or patrons.
Independent stand alone massage establishment is any business that
performs massage where massage business revenue exceeds 50% of the gross
income for the business.
Manager shall mean the person(s) designated by the operator of the
massage establishment to act as the representative and agent for the operator in
managing day-to-day operations with the same liabilities and responsibilities as
the operator. Evidence of management includes, but is not limited to, evidence
that the individual has power to direct or hire and dismiss employees, control
hours of operation, create policy or rules or purchase supplies. A manager may
also be an operator. A massage technician permit is not required to be a
manager. A manager may not perform any massage services without first
meeting the standards and qualifications of Section 5.90.060 and obtaining a
technician permit or being exempt from city permitting requirements pursuant to
Section 5.90.020.
Massage means any method, except reflexology, of pressure on, or friction
against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the
external parts of the human body with the hands or with the aid of any mechanical or
electrical apparatus or appliances, with or without supplementary aids such as creams,
ointments, or other similar preparations commonly used in the practice of massage,
under such circumstances that it is reasonably expected that the person to whom the
treatment is provided or some third person on his or her behalf will pay money or give
any other consideration or any gratuity therefore.
Massage establishment means any establishment having a source of income or
compensation derived from the practice of massage as defined in this section, and
which has a fixed place of business where any person, firm, association or corporation
engages in or carries on any of the activities defined as massage in this section.
Massagist means any person who, for any consideration whatsoever, engages in
the practice of massage as defined in this section at any permitted establishment. The
terms "massage therapist," "massage practitioner," or any other terms used
within the massage industry are included within this definition for the purposes
of this ordinance. This definition shall also include anyone operating pursuant to
a valid "massage therapist" or "massage practitioner" certification issued by the
CMTC.
Outcall massage service means any business, the function of which is to engage
in or carry on massages at a location designated by the customer or client rather than a
massage establishment.
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ORDINANCE NO. 1215
Permittee means the person to whom a permit has been issued.
Publicly traded corporation shall be a corporation whose stock is traded on the
New York, American, Pacific or NASDAQ Exchanges.
Police chief means the chief of the police department of the city of Palm Desert,
or his or her designated representative.
Recognized school of massage means any school or educational institution
licensed or approved in the state it is located, whose purpose it is to upgrade the
professionalism of massagists and which teaches the theory, ethics, practice,
profession or work of massage; which requires a resident course of study before the
student shall be furnished with a diploma or certificate of graduation from such school or
institution of learning following the successful completion of such course of study or
learning. Schools offering a correspondence course not requiring actual attendance
shall not be deemed a recognized school. The city shall have a right to confirm that the
applicant has completed a certificate program from a recognized school.
Reflexology means an alternative, complementary, or integrated medicine
method of treatment involving the physical act of applying pressure to the feet
and hands with specific thumb, finger, and hand techniques without the use of oil
or lotion. Reflexology is performed in an area open to the general public, and not
-i in individual treatment rooms with doors or other devices that screen the view of
treatments being performed.
y�
Specified anatomical areas means:
1 . Less than completely and opaquely covered human genitals, pubic region,
anus, or female breasts below a point immediately above the top of the areola; or
2. Human male genitals in a discernibly turgid state, even if completely and
opaquely covered. (Ord. 993 § 3 (part), 2002; Ord. 870 § 2 (Exhibit A) (part), 1998)
5.87.030 Permits.
A. Requirements. Except as provided in Section 5.87.135. it is unlawful for
any person, association, partnership or corporation to engage in, conduct, carry on or
upon any premises within the city, the business of a massage establishment, as defined
in this chapter, without possessing a permit issued pursuant to the provisions of this
chapter for each and every separate office or place of business conducted by the
above. The permit fee required by this chapter shall be in addition to any other license,
permit or fee required under any of the provisions of this code.
B. Except as provided in Section 5.87.135. Independent stand alone
massage establishments are prohibited and shall not be issued massage
establishment permits.
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ORDINANCE NO. 1215
C. Authorization. Except as provided in Section 5.87.135 neither the filing
of an application for the permit, nor payment of any other license, permit or fee required
under any other provision of this code shall authorize the engaging, conducting or
carrying on of a massage establishment.
D. Application Fee. The application fee for a massage establishment permit
shall be five hundred dollars and shall be used to defray the cost of investigation and
processing as set forth herein. The fee set forth in this section shall be in effect until the
city council shall, by resolution, fix some other rate based upon a cost factor.
E. Renewal of Permit. Except as provided in Section 5.87.135 all permits
shall expire one year from the date it is issued. Applications for renewal of a permit shall
be made sixty days prior to the expiration date of the permit. The renewal application
fee for a massage establishment permit shall be one hundred dollars. Said renewal
application fees are nonrefundable and shall be used to defray the cost of investigation
and processing said renewal applications. The fee set forth in this section shall be in
effect until the city council shall, by resolution, fix some other rate based upon a cost
factor. (Ord. 993 § 3 (part), 2002; Ord. 870 § 2 (Exhibit A) (part), 1998)
5.87.040 Massage establishments—Location.
A. Except as provided in Section 5.87.135 all massage establishments will
require approval of a conditional use permit per Chapter 25.72 of the zoning ordinance.
The applicant for a conditional use permit must provide a written statement
confirming that the applicant is the owner or authorized agent of the owner of the
property and that the applicant or owner is aware of the massage establishment
regulations as set forth in this Chapter.
B. Zones permitted by conditional use permit: C-1, general, PC, planned
commercial, O.P., office professional and S.I., service industrial.
C. Massage establishments shall only be permitted subject to approval of a
conditional use permit as an accessory use with hotels, beauty salons, day spas,
athletic clubs and other health service or educational institutions in those zones where
they are permitted and approved. (Ord. 898, 1998; Ord. 870 § 2 (Exhibit A) (part), 1998)
5.87.050 Nonconforming uses and permits.
A. Establishments. Except as provided in Section 5.87.135 all
establishments legally permitted to offer massage on January 1 , 1998, but which are in
noncompliance as a result of amendment to this chapter shall be deemed legal
nonconforming and will be allowed to continue operation provided they are in
compliance with all limitations and requirements of their original permit except as noted
below. Any expansion of massage services beyond those specified in the original
approval shall require a conditional use permit. (Ord. 993 § 3 (part), 2002; Ord. 870 § 2
(Exhibit A) (part), 1998)
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ORDINANCE NO. 1215
B Except as provided in Section 5.87.135 existing independent stand
alone massage establishments with a Conditional Use Permit approved and
active before 1 October 2010 can relocate or expand as long as existing
ownership remains the same, and as long as business expansions do not involve
operation of multiple locations. All relocations and expansions of independent
stand alone massage establishments legally permitted before this date require an
amendment to the exiting Conditional Use Permit.
5.87.060 Building requirements for massage establishments.
In addition to the requirements of the zoning and building codes, the following
additional requirements shall be met by massage establishments:
A. A recognizable and readable sign shall be posted at the main entrance
identifying the establishment; provided, that all such signs shall comply with the sign
regulations of the city.
B. Fire and Safety Requirements. Maximum occupancy load, fire exits, aisles
and fire equipment shall be regulated, designed and provided in accordance with the
fire department and building department regulations and standards.
C. Building Openings. All building openings, entries, windows, etc., shall be
located, covered or screened in such a manner as to prevent a view from the outside of
the building into dressing rooms, treatment rooms, restrooms, and other areas where
patrons of the business may not be fully dressed.
D. Lighting in Parking Lots. Lighting shall be in compliance with Chapter
24.16 of the municipal code.
E. Construction of rooms used for toilets, baths and showers shall be made
waterproof with approved waterproofed materials and shall be installed in accordance
with the city building code. Plumbing fixtures shall be installed in accordance with the
city plumbing code:
1 . Steam rooms and shower compartments shall have waterproof floors,
walls and ceilings approved by the city;
2. Floors of wet and dry heat rooms shall be adequately pitched to one or
more floor drains properly connected to the sewer. Exception: dry heat rooms with
wooden floors need not be provided with pitched floors and floor drains;
3. A source of hot water must be available within the immediate vicinity of dry
and wet heat rooms to facilitate cleaning.
F. Toilet facilities shall be provided in convenient locations. When employees
and patrons of different sexes are on the premises at the same time, separate toilet
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ORDINANCE NO. 1215
facilities shall be provided for each sex. A single water closet per sex shall be provided
for each twenty or more employees or patrons of that sex on the premises at any one
time. Urinals may be substituted for water closets after one water closet has been
provided. Toilets shall be designated as to the sex accommodated therein,-
G. Hot and cold running water under pressure from a potable source shall be
provided to all washbasins, bathtubs, showers, and similar facilities. Each water basin
shall be provided with soap or detergent and single-service towels placed in
permanently installed dispensers. A trash receptacle shall be provided in each room
where such facilities are located. In addition to the washbasin provided for patrons, a
minimum of one separate washbasin shall be located within or as close as practicable
to each area in which massages are administered and baths taken.
H. Provide minimum lighting in accordance with the Uniform Building Code,
and in addition, at least one artificial light of not less than forty watts shall be provided in
each enclosed room where massage services are being performed on a patron. (Ord.
870 § 2 (Exhibit A) (part), 1998)
5.87.070 Special events permit required.
When extra massagists are required for a special event at or organized by an
approved massage establishment, the owner, manager, or operator of the
establishment must supply the city with a list of massagists who will be working at the
event, copies of their certifications, copies of licenses they may hold in other cities, or
under the CMTC, and any other information the city may reasonably require, not less
than two weeks before the date of the event, and pay a fee for a one-day permit, the
amount of the fee to be set by the city council. Nothing in this section is to be construed
to permit such massagists from performing massage at any other location in the city at
any other time, unless each massagist has fulfilled the requirements of Chapter 5.90
and has a current permit to perform massage, or has been licensed by the CMTC.
(Ord. 993 § 3 (part), 2002; Ord. 870 § 2 (Exhibit A) (part), 1998)
5.87.080 Application for massagist's permit—Types of permits.
A. Except as provided in Section 5.87.135 any person desirous of
engaging in the practice of massage, as massage is defined in this chapter, must first
secure either a site specific or citywide massagist's permit. Application shall be made to
the city manager in the same manner as provided herein for massage establishment
permits. The application shall contain the following:
1 . The business address and all telephone numbers where the massage is to
be practiced;
2. Name, including all names, nicknames and aliases by which the applicant
has been known; and residence address, including the two previous addresses
immediately prior to the present address of the applicant;
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ORDINANCE NO. 1215
3. Social security number, driver's license number, if any, and date of birth;
4. Applicant's weight, height, color of hair and eyes, and sex;
5. Written evidence that applicant is at least eighteen years of age;
6. A complete statement of all convictions of the applicant for any felony or
misdemeanor or violation of a local ordinance, except misdemeanor traffic violations;
7. Fingerprints of the applicant taken by the police department; or proof of
having obtained a valid massage permit or license in another Coachella Valley city
which requires equivalent fingerprint investigation as determined by the Riverside
County sheriff's department, said permit or license to have been obtained within one
year of the date of application to this city, and this city retaining the right to confirm the
validity of the license and the applicant's record for the preceding two years in the city
where the license or permit was obtained. If fingerprints have already been obtained in
another city, the fee will be reduced appropriately;
8. Two front-face portrait photographs taken within thirty days of the date of
application and at least two inches by two inches in size;
9. Training.
MIS
'> a. Citywide Massagist's Permit and Massage Establishment Permit.
Transcript or certificate of completion verifying not less than five hundred hours of
training from any school or educational institution licensed or approved in the state it is
located, whose purpose it is to upgrade the professionalism of massagists and which
teaches the theory, ethics, practice, profession or work of massage. Schools offering
correspondence courses not requiring actual attendance at classes shall not be deemed
a "recognized school,"
b. Site Specific Massagist's Permit. Transcript or certificate of completion
verifying not less than three hundred hours of training from any school or educational
institution licensed or approved in the state it is located whose purpose it is to upgrade
the professionalism of massagist and which teaches the theory, ethics, practice,
profession or work of massage. Schools offering correspondence courses not requiring
actual attendance at classes shall not be deemed a "recognized school." With the
minimum hours of certified training, applicant shall also submit a letter of intent to
employ from an approved massage establishment or physician, surgeon, chiropractor,
osteopath or healing art office shall be required. This letter shall state that the massage
establishment operator has reviewed the applicant's qualifications and that the applicant
has met the requirements necessary to perform massage treatments working under
supervision at that facility;
' 10. The massage or similar business history and experience ten years prior to
the date of application, including, but not limited to, whether or not such person, in
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ORDINANCE NO. 1215
previously operating in this or another city or state under license or permit, has had
such license or permit denied, revoked or suspended, and the reasons therefore, and
the business activities or occupations subsequent to such action of denial, suspension
or revocation. This expressly includes any license denial, suspension, revocation
or any other disciplinary action taken by any agency or non-profit operated or
organized by the state to license or otherwise regulate massage technicians,
including the CMTC;
11 . The names, current addresses and written statements of at least five bona
fide permanent residents, other than relatives, of the United States that the applicant is
of good moral character. If the applicant is able, the statement must first be furnished
from residents of the city, then the county, then the state of California and lastly from the
rest of the United States;
12. A medical certificate signed by a physician, licensed to practice in the
state of California, within thirty days of the date of the application, or proof of having
obtained a valid massage permit or license in another Coachella city which requires a
medical certificate, and a copy of such medical certificate, said permit or license to have
been obtained within ninety days of the date of application to this city, and this city
retaining the right to confirm the validity of the license. The certificate shall state that the
applicant was examined by the certifying physician and that the applicant is free of
communicable disease. The additional information required by this subsection shall be
provided at the applicant's expense;
13. Such other information, identification and physical examination of the
person deemed necessary by the city police in order to discover the truth of the matters
required to be set forth in the application;
14. Authorization for the city, its agents and employees to seek information
and conduct an investigation into the truth of the statements set forth in the application
and qualifications of the applicant for the permit;
15. Written declaration by the applicant, under penalty of perjury, that the
foregoing information contained in the application is true and correct, said declaration
being duly dated and signed in the city.
B. Site Specific Massagist's Permit Limitations. A site specific massagist's
permit shall allow the holder of such permit to engage in the practice of massage only at
approved massage establishments or physician, surgeon, chiropractor, osteopath or
healing art offices.
C. Temporary Permits. The city manager may issue a temporary massagist's
permit to any person whose application is pending for a massagist's permit who has
shown, to the satisfaction of the city manager, that he or she has a massagist's permit
in good standing in another jurisdiction which has comparable licensing provisions,
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ORDINANCE NO. 1215
including requirements for fingerprinting, a medical clearance and a background check.
(Ord. 870 § 2 (Exhibit A) (part), 1998)
5.87.085 Outcall massage endorsement
A. A massagist permit may be approved authorizing a permittee to
perform outcall massage if all the requirements of Chapter 5.87 are met, including
association with a licensed massage establishment legally conducting business
in the City of Palm Desert with a sworn affidavit from an employer. In addition to
these requirements, the massagist must have:
1. Completed a course of instruction of not less than five hundred
hours, conducted at a school recognized, approved or accredited by the
American Massage Therapy Association or by a professional association of
similar statue; and
2. Current certification as a massage therapist (MS.T) or a registered
massage therapist (RM.T) by the American Massage Therapy Association or has
an equivalent certification.
5.87.090 Massage establishment operating requirements.
Each massage establishment shall comply with each of the following
requirements:
A. Conduct, or otherwise operate, a massage business only between the
hours of seven a.m. and twelve midnight or as specified in the approved Conditional
Use Permit.
B. Post a list of services available, described in readily understandable
language, and the cost of such services in a conspicuous place on the premises.
C. Display the permit, and a copy of the permit of each massagist therein, in
a conspicuous place on the premises.
D. Maintain a record which includes the date and time of each massage, the
name and address of the patron, the name of the person administering such massage,
and the type of massage given. Such records will be made available upon request
based on good cause, for inspection by the city manager or police chief, or their
designees. The information contained in such records shall be confidential.
E. The premises shall have adequate equipment for disinfecting and
sterilizing nondisposable instruments and materials used in administering massages.
Such nondisposable instruments and materials shall be disinfected after each use on
each patron.
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F. All employees, including massagists, shall be clean and wear clean,
nontransparent outer garments, covering their specified anatomical areas.
G. Amplified Sound. No loudspeakers or sound equipment shall be used by a
massage establishment for amplification of sound to a level discernible by the public
beyond the walls of the building in which use is conducted.
H. No person shall give, or assist in the giving of, any massage or other body
treatment to any other person under the age of eighteen years, unless the parent or
guardian of the minor person has consented thereto in writing.
I. Placement of Permit. The permit required by this chapter shall be
displayed in a prominent place.
J. Maintain walls, ceilings, floor, pools, showers, bathtubs, water basins,
toilets, wet and dry heat rooms, steam or vapor rooms and cabinets and all other
facilities in good repair and in a clean and sanitary condition. Showers, water basins,
toilets, wet and dry heat rooms, steam or vapor rooms, and cabinets and compartments
shall be thoroughly cleaned at least once each day the massage business is in
operation. Bathtubs shall be thoroughly cleaned after each use.
K. Provide clean and sanitary towels, sheets and linens for each person. No
common usage of sheets, towels and linens shall be permitted. Towels, sheets and
linens shall be provided in sufficient quantity and shall not be used by more than one
person unless such towels, sheets and linens have been relaundered. Separate closed
cabinets or containers shall be provided for the storage of clean and soiled towels,
sheets and linens, and such cabinets or containers shall be plainly marked "clean linen"
and "soiled linen."
L. Cover pad used on massage tables in workmanlike manner with durable,
washable plastic or other waterproof material.
M. Unlock all exterior doors from interior side during business hours.
N. No massage establishment granted a license under the provisions of this
chapter shall place, publish or distribute, or cause to be placed, published or distributed,
any advertisement, picture or statement which is known, or through the exercise of
reasonable care should be known, to be false, deceptive or misleading in order to
induce any person to purchase or utilize any professional massage service.
O. It is unlawful for any massage service to be carried on within any cubicle,
room, booth, or any area within a permitted establishment which is fitted with a door
capable of being locked. Toilets and cubicles used solely for the application of liquid and
vapor baths shall be clearly marked as to purpose on the exterior door or curtain of said
cubicle, room, or booth. Nothing contained herein shall be construed to eliminate other
requirements of statute, ordinance or municipal code concerning the maintenance of
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ORDINANCE NO. 1215
premises, nor to preclude authorized inspection thereof, whenever such inspection is
deemed necessary by the code enforcement, the police or health departments.
P. No permitted establishment shall operate as a school of massage, or
operate in the same location, or use the same facilities as that of a school of massage
except as otherwise may be provided by law. (Ord. 870 § 2 (Exhibit A) (part), 1998)
Q. No person operating a massage establishment shall permit
communication devices to be installed or used in any manner on the premises so
as to interfere with or hinder inspections by Code or law enforcement officers.
R. No person or persons shall be allowed to live or sleep inside the
massage establishment at any time.
S. Massage businesses that employ one or more CMTC-certified
practitioners or therapists must maintain evidence of their massage
professionals' CMTC certifications for City review.
5.87.100 Prohibition regarding specified anatomical areas.
A. It is unlawful for any massagist or any person on the premises of a
massage establishment to expose to any other person or touch any specified
4 .
anatomical areas, whether his or her own, or those of a client.
B. It is unlawful for any person owning, operating, or managing a massage
establishment knowingly to cause, allow, or permit in or about such massage
establishment any agent, employee or any other person under his control or supervision
to permit acts in violation of Chapter 5.90, including, specifically, Section 5.90.140
(Therapists dress and identification) and Section 5.90.150 (Other prohibited activities).
C. Any violation of these provisions shall be deemed grounds for revocation
of the permit granted hereunder. (Ord. 993 § 3 (part), 2002; Ord. 870 § 2 (Exhibit A)
(part), 1998)
5.87.110 Employment of and services rendered to minors prohibited.
No holder of a massage establishment permit shall employ any person under
eighteen years of age without written parental consent; nor shall such permittee provide
any service for which it requires said permit to any patron, customer or person under
eighteen years of age, except at the special instance and request of a parent, guardian,
or other person in lawful custody of the minor upon whose behalf the massage service
is requested. (Ord. 870 § 2 (Exhibit A) (part), 1998)
1.87.120 Exemptions.
The provisions of this chapter shall not apply to;
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ORDINANCE NO. 1215
A. Any physician, surgeon, chiropractor, osteopath, or acupuncturist or any
nurse or physical therapist working under the supervision of a physician, surgeon,
chiropractor, osteopath, or acupuncturist duly licensed to practice their respective
professions in the state of California. Practical nurses or other persons without
qualifications as massagists or other persons not duly licensed by the state to practice
pursuant to the Medical Practice Act, whether employed by a physician, surgeon,
chiropractor, osteopath, or acupuncturist, may not give massages or massage
procedures without obtaining a massagist's permit.
B. The requirements of this chapter shall not apply to any treatment
administered in good faith in any course of the practice of any healing art or profession
by any person licensed to practice any such art or profession under the Business and
Professions Code of the state or any other law of the state.
C. Barbers, beauticians, manicurists, and pedicurists who are duly licensed
under the laws of the state of California without qualifications as a massagist, except
that this exemption shall apply solely to the massaging of the scalp, face, neck, arms,
hands, or feet of the customer or client for cosmetic or beautifying purposes.
D. Massages or massage procedures as provided by or in connection with a
physician, surgeon, chiropractor, osteopath or healing art office shall be ancillary to and
a part of a physician, surgeon, chiropractor, osteopath or healing art office. The
massage portion of the use shall be a minor use and the physician, surgeon,
chiropractor, osteopath or healing art office use shall be the major use, with the
massage portion of the use not occupying a significant or substantial portion of the
business. The requirements of this chapter regarding massage establishments shall not
apply to this minor, ancillary use. (Ord. 870 § 2 (Exhibit A) (part), 1998)
5.87.130 Massage establishment—Application for permit.
Any person, association, partnership or corporation desiring to obtain a business
license tax certificate and a permit for a massage establishment, shall make an
application, under oath, to the city manager upon a form provided by the city manager
showing:
A. The name, current permanent residential address and telephone number
of the applicant;
B. The business name, proposed business address of the massage
establishment, and its telephone number. If the applicant is a corporation, the name
shall be exactly as set forth in its articles of incorporation. If the corporation is not
publicly traded, it shall provide a copy of it articles of incorporation and shall show the
name, residence address of each of the officers, directors, and each stockholder owning
not less than ten percent of the stock of the corporation and the address of the
corporation itself, if different than the address of the massage establishment. If the
applicant is a partnership, the application shall show the name and address of each of
14
ORDINANCE NO. 1215
the partners, including limited partners, and the address of the partnership itself, if
different from the address of the massage establishment;
C. The name and permanent address of the owner of the property upon
which the applicant intends to locate the massage establishment. If the property owner
is a corporation, the name shall be exactly as set forth in its articles of incorporation. If
the corporation is not a publicly traded corporation, the applicant shall show the name
and residence address of each of the officers, directors and stockholders owning not
less than ten percent of the stock of the corporation. If the property owner is a
partnership, the applicant shall show the name and residence address of each of its
partners, including limited partners;
D. In the event the applicant is not the owner of record of the real property
upon which the massage establishment is or will be located, the application must be
accompanied by a notarized statement from the owner of record of the real property
acknowledging that a massage establishment is or will be located on the property. In
addition, the applicant must furnish a copy of the lease or rental agreement pertaining to
the premises in which the massage establishment will be located;
E. The date, hours and location where the massage establishment is
proposed to be conducted, and the admission fee, if any, to be charged;
F. The name(s) or person(s) having the management or supervision of the
applicant's business;
G. Whether or not the applicant has been convicted of a crime, the nature of
such offense, the date of conviction, place convicted, and the sentence received
therefore. If the applicant is a non-publicly traded corporation, this requirement applies
to each of the officers, directors, and/or stockholders owning not less than ten percent
of the stock of the corporation. If the applicant is a partnership, this requirement applies
to each of the partners, including limited partners;
H. Whether or not the applicant has ever had any similar license or permit
issued by such agency revoked or suspended, or has had any professional or
vocational license or permit revoked or suspended, and the reasons therefore, and the
business activity or occupation subsequent to such action of suspension or revocation.
If the applicant is a non-publicly traded corporation, this requirement applies to each of
the officers, directors and/or stockholders owning not less than ten percent of the stock
of the corporation. If the applicant is a partnership, this requirement applies to each of
the partners, including limited partners;
I. Driver's license or other acceptable identification and social security
number of the applicant. If the applicant is a non-publicly traded corporation, this
requirement applies to each of the officers, directors, and/or stockholders owning not
less than ten percent of the stock of the corporation. If the applicant is a partnership,
this requirement applies to each of the partners, including limited partners;
15
ORDINANCE NO. 1215
J. Acceptable written proof that the applicant is at least eighteen years of
age. If the applicant is a non-publicly traded corporation, this requirement applies to
each of the officers, directors and/or stockholders owning not less than ten percent of
the stock of the corporation. If the applicant is a partnership, this requirement applies to
each of the partners, including limited partners;
K. The height, weight, color of eyes, color of hair and date of birth of the
applicant. If the applicant is a non-publicly traded corporation this requirement applies to
all officers, directors and/or stockholders owning not less than ten percent of the stock
of the corporation. If the applicant is a partnership, this requirement applies to all
partners, including limited partners;
L. The business, occupation or employment history of the applicant for the
last ten-year period immediately preceding the date of filing for the application. If the
applicant is a non-publicly traded corporation, this requirement applies to each of the
officers, directors, and/or stockholders owning not less than ten percent of the stock of
the corporation. If the applicant is a partnership, this requirement applies to each of the
partners, including limited partners;
M. Each residential and business address of the applicant for the ten-year
period immediately preceding the date of the filing of the application. If the applicant is a
non-publicly traded corporation, this requirement applies to each of the officers,
directors, and/or stockholders owning not less than ten percent of the stock of the
corporation. If the applicant is a partnership, this requirement applies to each of the
partners, including limited partners;
N. One front-face portrait photograph of the applicant at least two inches by
two inches and a complete set of applicant's fingerprints which shall be taken by the city
police. If the applicant is a non-publicly traded corporation, one front-face photograph at
least two inches by two inches of all officers, directors, and stockholders owning not
less than ten percent of the stock of said corporation and a complete set of the same
officers', directors', and stockholders' fingerprints which shall be taken by the city police;
O. The name and address of each massagist who is or will be employed in
said establishment;
P. Applicant must furnish a diploma or certificate of graduation (i) from a
recognized school of massage or (ii) certified by the National Certification Board for
Therapeutic Massage and Bodywork. Certified transcripts from a recognized school of
massage verifying that the applicant has successfully completed a course of study
requiring at least five hundred hours of massage therapy. However, if the applicant will
not personally engage in the practice of massage or the day-to-day operation of a
massage establishment, as defined herein, the applicant need not possess such
diploma or certificate, but must have a manager with the five hundred hours of training
from a recognized school of massage;
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ORDINANCE NO. 1215
Q. The name and address of any other massage establishment owned or
.n operated by any person whose name is required to be given in subsection B of this
section;
R. A description of any other business to be operated on the same premises
or on adjoining premises owned or controlled by the applicant. If the applicant is a non-
publicly traded corporation, this requirement applies to each of the officers, directors,
and/or stockholders owning not less than ten percent of the stock of the corporation. If
the applicant is a partnership, this requirement applies to each of the partners, including
limited partners;
S. Authorization for the city, its agents and employees to seek information
and conduct an investigation into the truth of the statements set forth in the application
and the qualifications of the applicant for the permit;
T. Such other identification and information necessary to discover the truth of
the matters hereinbefore specified as required to be set forth in the application;
U. Applicant must furnish for any person whose name is required to be given
in subsection F the information required by subsections A, I, J, K, L, M, N, P, Q, S, and
T of this section.
The holder of the permit for a massage establishment shall notify the city's
UIA department of code enforcement and Business Licenses of each change in any of the
data required to be furnished by this section within ten days after such change occurs.
(Ord. 993 § 3 (part), 2002; Ord. 870 § 2 (Exhibit A) (part), 1998)
5.87.135 Effect of California Massage Therapy Council Certification
A. Notwithstanding any provision of this article to the contrary, any
person who owns or operates a massage establishment shall not be required to
obtain a massage establishment permit pursuant to this Chapter provided any of
the following is true:
1. The massage establishment is a sole proprietorship and the sole
proprietor possesses and maintains a current, valid massage technician
certification issued by the CMTC.
2. The massage establishment only employs or uses massage
technicians who possess and maintain current, valid massage technician
certification issued by the CMTC.
B. This section does not exempt or excuse any massage technician or
massage establishment from complying with all other applicable requirements
and provisions of this article or code, including obtaining a valid business license
pursuant to Section 5.87.130. Massage establishments exempt from the
17
ORDINANCE NO. 1215
permitting requirements of this Chapter pursuant to subsection A. shall file a
copy of the massage technician certifications issued by the CMTC for all
massage technicians who will be employed by the establishment with the
establishment's application for a business license. Massage establishments
shall file copies of CMTC certifications with the city as necessary to ensure the
city has a copy of the applicable CMTC certification for all massagists employed
or operating out of the establishment at any time.
5.87.140 Renewal of permit.
Upon application for a renewal permit, the applicant shall provide all of the
information set forth in Section 5.87.140, to the extent that such information is different
than the information contained on previous applications. Renewals shall include a
medical certificate as specified in 5.87.080Al2. (Ord. 870 § 2 (Exhibit A) (part), 1998)
5.87.150 Investigation.
A. After an application for permit has been filed with the director, he or she
shall cause an investigation to be made by the city's business licenses division. The
director shall refer copies of the application to the following departments and agencies
within five days of receipt of the application: department of building and safety,
department of community services and planning, police department, Riverside County
health department, Riverside County fire marshal. These departments and agencies
shall, within thirty days, inspect the premises proposed to operated as a massage
establishment and shall make written verification to the director concerning compliance
with the Palm Desert Municipal Code and the Codes of Riverside County and state of
California that they administer. If such premises are not in compliance, the director shall
notify the applicant, in writing, of the deficiencies, and shall cause the reinspection of
such premises to be made upon written request for reinspection by the applicant;
provided, however, that such request for reinspection is made within thirty days after
notice of noncompliance has been given by the director. The application shall further be
referred to the city's police department for investigation of the applicant's character and
qualifications. (Ord. 870 § 2 (Exhibit A) (part), 1998)
5.87.160 Approval of permits.
The director shall grant an application for permit within thirty days after receipt of
all information necessary for such decision including results of the investigation as
specified in Section 5.87.150, if the following findings made:
A. Massage establishment location has been granted conditional use permit
approval per Section 5.87.040;
B. The conduct of the permittee, as proposed by the applicant, if permitted,
will comply with all applicable laws, including but not limited to the city's building, zoning
and.health regulations, including the provisions of this chapter;
18
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VMS C. The applicant has not knowingly made any false, misleading or fraudulent
statements of fact in the permit application, or any other document required by the city
n in conjunction therewith; if the applicant is a non-publicly traded corporation, this
requirement applies to each of the officers, directors, and/or stockholders owning not
less than ten percent of the stock in the corporation. If the application is a partnership,
this requirement applies to each of the partners, including limited partners;
D. The applicant or any other person who will be directly engaged in the
management and operation of the place of massage establishment has not been
convicted of disqualifying conduct, as defined by Section 5.90.010:
1 . Has not done any act involving dishonesty, fraud or deceit with the intent
to substantially benefit himself, herself, or another, or substantially injure another, or
2. Has not been convicted of any crime. A conviction shall mean a plea or
verdict of guilty or conviction following a plea of nolo contendere, unless the conviction
was so remote in time as to indicate that the applicant has been rehabilitated, or the
applicant has presented evidence to the chief of police which shows to the satisfaction
of the chief of police that the applicant has been rehabilitated,
3. The act or crime referred to in subsections C1 or C2 of this section must
be substantially related to the qualifications, functions or duties of a person engaged in
the business or practice of massage establishment;
4 E. The correct permit fee has been tendered to the city and, in the case of a
check or bank draft, honored with payment upon presentation;
F. The applicant has not had a massage establishment or massagist's permit
denied, revoked or suspended by the city, or any other state or local agency, within five
years prior to the date of the application;
G. The applicant, if an individual, or any of the officers, directors, and
stockholders who own not less than ten percent of the stock of said corporation, if the
applicant is a non-publicly traded corporation; or any of the partners, including limited
partners, if the applicant is a partnership; and the manager or other person principally in
charge of the operation of the business, is not under the age of eighteen years. If the
applicant is a non-publicly traded corporation, this requirement applies to each of the
officers, directors and/or stockholders owning not less than ten percent of the stock of
the corporation. If the applicant is a partnership, this requirement applies to each of the
partners, including limited partners. (Ord. 993 § 3 (part), 2002; Ord. 870 § 2 (Exhibit A)
(part), 1998)
5.87.170 Denial of application.
If the application is denied, the city manager shall promptly give the applicant
notice thereof and the findings for such denial. The applicant aggrieved by the action of
19
ORDINANCE NO. 1215
the city manager may appeal by filing a written appeal, within ten days of the notice of
denial, with the city clerk. The city council shall set a time and place for a public hearing
of the appeal, or may refer the matter to a hearing officer. The city council may decide
the matter based on the recommendations and findings of the hearing officer, if it so
chooses. The decision of the city council shall be final. (Ord. 870 § 2 (Exhibit A) (part),
1998)
5.87.180 Suspension, revocation of permit.
A. The city manager shall suspend or revoke any permit issued under this
chapter if he finds and determines that:
1. The business as conducted by permittee, its agent(s) or employee(s), or
any person(s) connected or associated with the permittee as partner, director, officer,
general manager or any other person(s), who is exercising managerial authority of, or
on behalf of permittee acting under the authority of such permit, does not comply with all
applicable laws, including but not limited to the city's building, zoning and health
regulations; or
2. Permittee, its agent(s) or employee(s), or any person connected or
associated with the permittee as partner, director, officer or general manager or other
person(s), who is exercising managerial authority of, or on behalf of permittee, acting
under the authority of such permit, has:
a. Knowingly procured said permit by false statements, representations or
nondisclosure of a material fact when such fact would have constituted good cause for
denying the application for such permit or any document required by the city in
conjunction therewith, or
b. Ceased to meet any of the requirements for issuance of a permit, or
C. Failed to enforce the regulations set forth in this chapter or to cooperate
with the police department by promptly reporting any fight, brawl or other unlawful
activities occurring on the premises, or
d. Operated or allowed a person in charge of the premises to operate the
premises for which the permit has been issued in an illegal or disorderly manner, or
e. Noise from the establishment for which the permit was issued interferes
with the peace and quiet of the neighborhood, or
f. The applicant has been convicted of disqualifying conduct, as defined in
Section 5.90.010.
3. A CMTC-certified establishment can no longer demonstrate that it
operates according to Business and Professions Code Section 4600 et seq.
20
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B. Such denial may be made only if the act or crime referred to in subsection
A.2.f of this section must be substantially related to the qualifications, functions or
duties of a person engaged in the business or practice of massage establishment. (Ord.
993 § 3 (part), 2002; Ord. 870 § 2 (Exhibit A) (part), 1998)
C. Nothing in the procedures for suspension set forth in this section
shall prohibit the city manager or his designee from taking immediate action to
suspend any license or permit described in this Chapter if it is determined that:
1. The holder of such permit or any of his employees has violated or
permitted to be violated any of the general regulations set forth in this chapter,
2. The holder of such permit or any of his employees has violated, or
permitted on the premises to be violated any state laws or regulations of which
constitutes grounds for denial, suspension or revocation as set forth in this
chapter,
3. There is an urgency of immediate action to protect the public from
injury or harm, or
4. A license or permit has been issued based on material
misrepresentations in the application and for the material misrepresentations the
license or permit would not have been issued.
D. The suspension shall be effective immediately by the city manager or
his designees. Such suspension shall be accomplished by posting a notice
thereof on the premises. Such notice shall state the reasons for the suspension.
The city manager or his designees shall direct or cause the premises to be closed
and locked against use by the public in order to insure compliance with an order
of suspension. The aggrieved party may pursue a subsequent appeal or hearing
by following the procedures set forth in this chapter.
E. It is unlawful for any person to conduct the business of a massage
establishment or carry on the business of massage while the massage
establishment permit remains suspended pending a hearing.
5.87.190 Inspection required.
The city shall, from time to time, make inspection of each massage establishment
for the purposes of determining that the provisions of this chapter are fully complied
with. It is unlawful for any permittee to fail to allow such inspection officers to the
premises or hinder such officer in any manner. During an inspection, law
enforcement officers may also verify the identity of all employees. (Ord. 870 § 2
(Exhibit A) (part), 1998)
21
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5.87.200 Penalties.
Any person violating any of the provisions or failing to comply with any of the
requirements of this chapter shall be guilty of a misdemeanor and upon conviction
thereof, shall be punishable by a fine not to exceed five hundred dollars, or by
imprisonment in the county jail for a period of not more than six months, or by both such
fine and imprisonment. Each day a violation is committed or permitted to continue shall
constitute a separate offense. (Ord. 870 § 2 (Exhibit A) (part), 1998)
5.87.210 Other remedies.
The provisions of Section 5.87.200 are not to be construed as exclusive
remedies and, in the event of violation, the city may pursue any proceedings or
remedies otherwise provided by law. (Ord. 870 § 2 (Exhibit A) (part), 1998)
5.87.220 Conducting a business as a nuisance.
Any massage establishment operated, conducted or maintained contrary to the
provisions of this chapter is unlawful and a public nuisance, and the city attorney may,
in addition to or in lieu of prosecuting a criminal action, commence an action(s) or
proceeding(s), for the abatement, removal or enjoinment thereof, in the manner
provided by law; and shall take such other steps and shall apply to such court(s) as may
have jurisdiction to grant such relief as will abate or remove such businesses and
restrain and enjoin any person from operating, conducting or maintaining a massage
establishment contrary to the provisions of this chapter. (Ord. 870 § 2 (Exhibit A) (part),
1998)
5.87.230 Sale or transfer or change of location.
Upon sale, transfer or relocation of a massage establishment the permit therefor
shall be null and void unless approved as provided in Section 5.87.160; provided,
however, that upon the death or incapacity of the permittee, heir or devisee of a
deceased permittee, or any guardian of an heir or devisee of a deceased permittee,
may continue the massage establishment for a reasonable period of time not to exceed
sixty days to allow for an orderly transfer of the permit. (Ord. 870 § 2 (Exhibit A) (part),
1998)
5.87.240 Transfer of permit.
No permit shall be transferable except with the consent of the city manager. An
application for such transfer shall be in writing and shall be accompanied by fees
prescribed in Section 5.87.030. The written application for such transfer shall contain
the same information as requested in this chapter for initial application for the permit.
(Ord. 870 § 2 (Exhibit A) (part), 1998)
22
ORDINANCE NO. 1215 EXHIBIT B
Chapter 5.90 MASSAGISTS PERMITS
5.90.010 Definitions.
A. Applicant means the individual seeking a permit pursuant to this Chapter.
B. California Massage Therapy Council (CMTC) means a state-
organized non-profit organization created to regulate the massage industry as set
forth in Chapter 10.5 of Division 2 of the Business and Professions Code of this
state (commencing with section 4600.)
C. Certified copy means a copy of a document that is certified by the issuer
as being a true and accurate copy of the original document or a similar document
bearing an original signature of the issuer.
D. Certified statement means a written assertion, claim or declaration bearing
the original signature of the issuer.
E. Coachella Valley Model Massage Ordinance means the provisions of the
ordinance codified in this chapter as adopted by this or any other jurisdiction within the
Coachella Valley.
F. Communicable disease means tuberculosis, or any disease, which may
be transmitted from a massage therapist to a patron through normal physical contact
during the performance of any massage service.
G. Complete application means an application, which provides all of the
requisite information required to be provided by an applicant pursuant to this chapter.
H. Disqualifying conduct means any of the following when occurring within
five years of any application made pursuant to this chapter:
1 . Pandering as set forth in California Penal Code Section 266i;
2. Keeping or residing in a house of ill-fame as set forth in California Penal
Code Section 315;
3. Keeping a house for the purpose of assignation or prostitution, or other
disorderly house as set forth in California Penal Code Section 316;
4. Prevailing upon a person to visit a place of illegal gambling or prostitution
as set forth in California Penal Code Section 318;
5. Lewd conduct as set forth in California Penal Code Section 647,
subdivision (a);
ORDINANCE NO. 1215
6. Prostitution activities as set forth in California Penal Code Section 647,
subdivision (b);
7. Any offense committed in any other state which, if committed or attempted
in this state, would have been punishable as one or more of the offenses set forth in
California Penal Code Sections 266(i), 315, 316, 318 or 647, subdivisions (a) or (b);
8. Any felony offense involving the sale of any controlled substance specified
in California Health and Safety Code Sections 11054, 11055, 11056, 11057 or 11058;
9. Any offense committed in any other state which, if committed or attempted
in this state, would have been punishable as a felony offense involving the sale of any
controlled substance specified in California Health and Safety Code Sections 11054,
11055, 11056, 11057 or 11058;
10. Any misdemeanor or felony offense which relates directly to the practice of
massage therapy, whether as a massage therapy business owner or operator, or as a
massage therapist; or
11. Any felony the commission of which occurred on the premises of a
massage therapy establishment.
I. Filing date of application means the date on which the permit administrator
determines that a complete application pursuant to this chapter has been submitted to
the permit administrator by the applicant.
J. Full nudity or semi-nudity means any of the following: (a) the appearance
or display of an anus, male or female genital, pubic region or a female breast below a
point immediately above the top of the areola, and/or (b) a state of undress which less
than completely and opaquely covers an anus, male or female genital, pubic region or a
female breast below a point immediately above the top of the areola.
K. Manager means the individual(s) who is (are) responsible for the
management and/or supervision of a massage therapy business.
L. Massage or massage therapy means any method of pressure on, or
friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or
stimulating the external parts of the human body with the hands or with the aid of any
mechanical or electrical apparatus or appliances, with or without supplementary aids
such as creams, ointments, or other similar preparations commonly used in the practice
of massage, under such circumstances that it is reasonably expected that the person to
whom the treatment is provided or some third person on his or her behalf will pay
money or give any other consideration or any gratuity therefore. Massage and massage
therapy includes such manipulation of the body or similar procedures described in this
paragraph that are performed in hydrotherapy, spa or similar bath facilities.
RMPUBWTREMBLAY\318092.1
ORDINANCE NO. 1215
M. Massage therapy establishment means any establishment having a fixed
place of business for the purpose of deriving income or compensation from massage
therapy services, whether or not massage is performed on the premises.
N. Massage therapist means an individual who, for any consideration
whatsoever, performs or offers to perform a massage. The terms "massage
therapist," "massage practitioner," or any other terms used within the massage
industry are included within this definition for the purposes of this ordinance.
This definition shall also include anyone operating pursuant to a valid "massage
therapist' or "massage practitioner" certification issued by the California
Massage Therapy Council (CMTC).
O. Operator means any of the following: (a) the owner, (b) the permit holder
and applicant(s) therefore, (c) custodian, (d) manager, or (e) person in charge of any
massage therapy establishment.
P. Off-premises massage means a massage performed at a location that is
not a massage therapy establishment for which a permit to operate as a massage
therapy establishment has been granted by the city.
Q. Patron means any person who receives a massage in exchange for any
form of consideration including, but not limited to, the payment of money.
R. Permit means the written license to engage in the practice of massage for
compensation as required by the Coachella Valley Model Massage Ordinance. A
reciprocal permit means a permit issued by this jurisdiction based solely on the fact the
applicant holds a valid massage therapist permit issued by another jurisdiction pursuant
to the Coachella Valley Model Massage Ordinance. An original permit means a
massage therapist permit issued by this jurisdiction without regard to whether or not
applicant holds a massage therapist permit issued by another jurisdiction.
S. Permit administrator means the designated official responsible for issuing,
revoking and otherwise administering any provision of this chapter.
T. Permittee means the person to whom a permit has been issued pursuant
to the Coachella Valley Model Massage Ordinance and the applicants therefore.
U. Person means any of the following: (a) an individual, (b) a proprietorship,
(c) a partnership, (d) a corporation, (e) an association, (f) a limited liability company or
(g) any other legal entity.
V. Physicians certificate means a certified statement from a physician
licensed to practice medicine in the United States that provides that the applicant has,
within sixty days prior to the filing date of the application, been examined by said
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physician and it has been determined that the applicant is free of any communicable
disease as defined in this chapter.
W. Recognized school of massage means any school or educational
institution licensed or approved by the state in which it is located, whose purpose it is to
upgrade the professionalism of massage therapists and which teaches the theory,
ethics, practice, profession or work of massage and which requires a resident course of
study before the student shall be furnished with a diploma or a certificate of graduation
from such school or institution of learning following the successful completion of such
course of study or learning. Schools offering a correspondence course not requiring
actual attendance shall not be deemed a recognized school.
X. Specified anatomical area means human genitals, pubic region, anus or a
female breast below a point immediately above the top of the areola.
Y. Specified sexual activities means any of the following: (a) the fondling or
other erotic touching of human genitals, pubic region, anus or female breasts, (b) sex
acts, normal or perverted, actual or simulated, including, but not limited to, intercourse,
oral copulation, masturbation or sodomy, or (c) excretory functions as part of or in
connection with the fondling or other erotic touching of human genitals, pubic region,
buttocks, anus or female breasts, sex acts, normal or perverted, actual or simulated,
including intercourse, oral copulation, masturbation or sodomy. (Ord. 993 § 4 (part),
2002)
5.90.020 Massage therapy permits required.
A. Massage Therapist Permit. Except as expressly provided in this chapter,
only a person holding a current massage therapist permit issued pursuant to this
chapter shall perform or offer to perform massage therapy at a massage therapy
establishment located within the city. Nothing herein shall exempt a person from zoning
or other applicable requirements set out elsewhere in this code or in the zoning
ordinance, and every person shall comply with all such requirements.
B. Off-premises Endorsement to Massage Therapist Permit. Except as
expressly provided in this chapter, no person shall perform or offer to perform an off-
premises massage unless he or she has a valid massage therapist permit, with an off-
premises endorsement, issued to him or her pursuant to the provisions of this chapter.
Nothing herein shall exempt a person from zoning or other applicable requirements set
out elsewhere in this code or in the zoning ordinance, and every person shall comply
with all such requirements.
C. Unless specifically exempted by state law, the fact that a person
possesses other types of permits and/or licenses does not exempt him or her from the
requirement of obtaining a permit that is required by this chapter. The permit
requirements of this chapter shall be in addition to the requirement of a business license
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set out elsewhere in this code, as well as any other license, permit or fee required by
any local, county, state or federal law. (Ord. 993 § 4 (part), 2002)
D. Each massagist shall be issued by the city an identification card which
will contain a photograph of the massagist, his or her California Department of
Motor Vehicles identification number and information to identify that the person
is holding a massagist permit from the city. The massagist shall have such card
in his or her possession at all times when acting as a massagist and shall
produce same for inspection upon request by any representative of the City of
Palm Desert or any law enforcement officer. Each massagist shall immediately
surrender to the City of Palm Desert or any law enforcement officer any
identification card issued to him or her upon suspension, revocation or expiration
of said permit or upon leaving employment as a massagist.
5.90.030 Consent.
By applying for a permit under this chapter (i.e., the Coachella Valley Model
Massage Ordinance), the applicant shall be deemed to have consented to the
provisions of this chapter and to the exercise thereunder by the permit administrator and
the city's officials, representatives and employees charged with implementing and/or
enforcing the provisions set forth in this chapter. (Ord. 993 § 4 (part), 2002)
5.90.040 Permit administrators responsibilities.
,.y
The city shall designate a permit administrator who shall be responsible for
granting or denying all permits described in this chapter and said permits shall only be
granted or denied pursuant to the provisions described herein and all other applicable
laws. If no designation is made pursuant to this provision, the city manager shall be
deemed the permit administrator.
Where used herein with respect to the permit administrators responsibilities,
words such as shall and must are not intended by the city to self-impose liability and are
instead intended only to be directory. (Ord. 993 § 4 (part), 2002)
5.90.050 Reciprocal massage therapist permit application.
A. If an applicant holds a current massage therapist permit issued by any
other jurisdiction pursuant to the Coachella Valley Model Massage Ordinance, then
application for a reciprocal massage therapist permit may be made by submission, to
the permit administrator, of all of the following:
1. A certified copy of a current massage therapist permit issued, pursuant to
the Coachella Valley Model Massage Ordinance, by any other jurisdiction;
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2. A certified copy of the original and all renewal applications related to the
massage therapist permit issued by the other jurisdiction pursuant to the Coachella
Valley Model Massage Ordinance; and
3. A nonrefundable application fee of twenty-five dollars to defray the costs
of administering this chapter.
B. If the massage therapy permit submitted in support of an application for a
reciprocal permit includes an off-premises endorsement, the application shall be
deemed an application for both a massage therapist permit and an off-premises
endorsement and no further documentation, information or fees shall be required in
order to apply for an off-premises endorsement to the reciprocal permit. (Ord. 993 § 4
(part), 2002)
5.90.060 Original massage therapist permit application.
If an applicant does not hold a current massage therapist permit issued by
another jurisdiction that has adopted the Coachella Valley Model Massage Ordinance,
application for issuance of a massage therapist permit by this jurisdiction shall be made,
under oath, on the form set out on the form provided by the city. The following
information, documents and other requirements shall be included with the submission of
all such applications:
A. The applicants legal name, any aliases and date of birth;
B. A certified letter of intent to employ from the operator of a massage
therapy establishment lawfully operating within the city. Each such letter shall verify that
the operator of the massage therapy establishment has reviewed the applicants
qualifications and that the applicant has met the requirements necessary to perform
massage therapy at that facility;
C. The applicants home and business addresses, corresponding telephone
numbers, and permanent address and telephone number, if different;
D. Written evidence that the applicant is at least eighteen years of age;
E. The previous home addresses of applicant for the ten years prior to the
filing date of the application and the dates of residency at each such address;
F. The names, addresses and descriptions of all current and former
businesses owned, operated or managed by applicant for the ten years prior to the filing
date of the application and the dates applicant owned, operated or managed each such
business;
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G. Employment history for the ten years prior to the date of application, and
all massage or similar business history and experience;
H. Two front-face portrait photographs taken within thirty days of the date of
application, at least two inches by two inches in size;
I. Applicants weight, height, color of hair and eyes, and sex;
J. The applicants drivers license number or identification number;
K. The applicants fingerprints taken within the previous sixty days by an
agency approved by the permit administrator;
L. The applicants social security number and/or state or federally issued tax
identification number;
M. Proof, in the form specified here, that applicant is (i) a graduate of a
recognized school of massage or (ii) certified by the National Certification Board for
Therapeutic Massage and Bodywork. Proof of certification by the National Certification
Board for Therapeutic Massage and Bodywork shall be in the form of a certified copy of
the therapeutic massage and bodywork credential issued by said board. Proof of
graduation from a recognized school of massage shall require both of the following:
1 . Certified copy of the applicants diploma or certificate of graduation, or
equivalent documentation, establishing that applicant has successfully completed the
course of study for competency as a massage therapist offered by the recognized
school of massage; and
2. Certified transcript from a recognized school of massage verifying
applicant has successfully completed a course of study requiring at least three hundred
hours of massage therapy training. If the application is submitted concurrently with an
application for an off-premises endorsement, the minimum hours of training shall be as
set out below for an off-premises endorsement application;
N. A certified statement from a physician licensed to practice medicine in the
United States that provides that the applicant has, within sixty days prior to the filing
date of the application, been examined by said physician and it has been determined
that the applicant is free of any communicable disease as defined in this chapter;
O. A list of all of applicants convictions, excluding traffic violations;
P. Whether or not the applicant has ever been convicted of any disqualifying
conduct;
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Q. Whether or not the applicant is required to register as a sex offender
pursuant to the California Penal Code Section 290;
R. Whether or not applicant has had a previous permit, license or other
authority for massage services denied, suspended or revoked by any entity. If so, the
date, location and reasons for the denial, suspension or revocation;
S. Whether or not the applicant has been a sole proprietor, general partner,
officer, director, member or employee of any massage therapy business that has had a
permit, license or authority to operate a massage business denied, suspended or
revoked by any entity. If so, the applicant shall provide the name and location of the
massage therapy establishment or business for which the permit was denied,
suspended or revoked, the date of the denial, suspension or revocation, and the
reason(s) for the denial, suspension or revocation; and
T. The applicant shall provide the permit administrator with the authorization
to conduct the necessary background investigations to determine the truthfulness and
correctness of the information provided by applicant and whether the applicant is
qualified pursuant to this chapter to receive the requested massage therapist permit.
U. The applicant shall date and sign the application and declare under
penalty of perjury that the information contained in the application is true and correct.
V. The applicant shall pay a nonrefundable application deposit fee of one
hundred fifty dollars at the time of filing an application to defray the costs of
administering this chapter. (Ord. 993 § 4 (part), 2002)
5.90.070 Supplemental application for off-premises endorsement.
If an applicant does not hold a current permit with an off-premises endorsement
issued by another jurisdiction pursuant to the Coachella Valley Model Massage
Ordinance, application for an off-premises endorsement to a massage therapist permit
issued by this jurisdiction shall be made, under oath, on the form to be provided by the
city. The following information, documents and other requirements shall be included
with the submission of all such applications:
A. The applicants legal name;
B. A copy of applicants massage therapist permit issued pursuant to this
chapter, or reciprocal permit, if application therefore is not submitted concurrently;
C. Proof, in the form specified here, that applicant is (i) a graduate of a
recognized school of massage or (ii) certified by the National Certification Board for
Therapeutic Massage and Bodywork. Proof of certification by the National Certification
Board for Therapeutic Massage and Bodywork shall be in the form of a certified copy of
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ORDINANCE NO. 1215
the therapeutic massage and bodywork credential issued by said Board. Proof of
graduation from a recognized school of massage shall require both of the following:
1. Certified copy of the applicants diploma or certificate of graduation, or
equivalent documentation, establishing that applicant has successfully completed the
course of study for competency as a massage therapist offered by the recognized
school of massage; and
2. Certified transcript from a recognized school of massage verifying
applicant has successfully completed a course of study requiring at least five hundred
hours of massage therapy training.
D. The applicant shall provide the permit administrator with the authorization
to conduct the necessary background investigations to determine the truthfulness and
correctness of the information provided by applicant and whether the applicant is
qualified pursuant to this chapter to receive the requested off-premises endorsement.
E. The applicant shall date and sign the application, declaring under penalty
of perjury that the information contained in the application is true and correct.
F. The applicant shall pay a nonrefundable application deposit fee of fifty
dollars at the time of filing an application for an off-premises endorsement to defray the
cost of administering this chapter, which fee shall be in addition to any other permit
application fees. (Ord. 993 § 4 (part), 2002)
5.90.080 Processing The Application.
A. All applications shall be submitted to the permit administrator.
B. Upon receipt of an application and payment of the nonrefundable
application deposit fee, the permit administrator shall immediately stamp the application
as received on that date. Within thirty days thereafter, the permit administrator shall
notify the applicant if the application is deemed incomplete. Any subsequent submission
shall be deemed a new application.
C. Upon receipt of a completed application, the permit administrator shall
cause an investigation to be made by the appropriate individuals or departments as
determined by the permit administrator to be necessary for review and investigation of
the accuracy of the information contained in the application and compliance with all
applicable regulations.
D. Each department or division to which the application is submitted by the
permit administrator shall respond in writing to the permit administrator.
7711
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E. The permit administrator shall grant or deny an application for an original
permit within sixty business days of receipt of a complete application. The permit
administrator shall grant or deny a reciprocal permit or a renewal application within thirty
calendar days of receipt of a complete application therefore. (Ord. 993 § 4 (part), 2002)
5.90.090 Grounds for denial of application.
A. An application for a massage therapy permit shall be denied if the permit
administrator finds that, in the case of an application for a reciprocal permit, the
massage therapy permit or off-premises endorsement that the applicant alleges to have
been issued by another jurisdiction pursuant to the Coachella Valley Model Massage
Ordinance is not valid and/or current. In all other cases, the application shall be denied
if the permit administrator finds any of the following:
1 . The applicant is not eighteen years of age or older;
2. The application contains false information;
3. The applicant did not submit either (i) a diploma or certificate of graduation
or equivalent documentation from a recognized school of massage that verifies that he
or she has obtained the requisite number of hours of massage therapy training; or (ii)
therapeutic massage and bodywork credentials issued by the National Certification
Board for Therapeutic Massage and Bodywork;
4. The applicant has been convicted of disqualifying conduct;
5. The applicant is required by the California Penal Code to register as a sex
offender;
6. The applicant has had a massage therapist permit, or a permit or license
to operate a massage therapy establishment, denied, revoked or suspended by any
entity within five years prior to the date of the application; or
7. The application is incomplete or any required information or document has
not been provided with the application.
B. If the permit administrator denies the application, he or she shall notify the
applicant of the denial in writing and state the reason(s) for the denial.
C. Any subsequent information submitted to cure the grounds of a denied
application shall be treated as a new application. (Ord. 993 § 4 (part), 2002)
5.90.100 Issuance of permit.
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A. The permit administrator shall issue the permit if there are no grounds to
deny the permit as set forth in this chapter.
B. Except as expressly provided in this chapter, no person shall perform or
offer to perform massage therapy at any location within the city unless said person has
first obtained a massage therapist permit issued pursuant to this chapter.
C. Except as to therapists with an off-premises endorsement, the operator of
a massage therapy establishment may only offer massage therapy services performed
by a massage therapist to whom a massage therapist permit has been issued by the
permit administrator.
D. A massage therapist permittee shall not perform or offer to perform
massage therapy services at any site other than a lawfully operating massage therapy
establishment unless the permittees massage therapist permit includes an off-premises
endorsement. (Ord. 993 § 4 (part), 2002)
5.90.110 Temporary permits.
A. Upon a finding of good cause therefore, the permit administrator may
issue a temporary permit to any person who possess a valid permit issued by any other
governmental entity pursuant to requirements that are similar to those set out in this
chapter, including the training, physical clearance, fingerprinting and background
investigation requirements.
B. Application for a temporary permit shall be made by written request that
includes a statement, under penalty of perjury, of the justification for a temporary permit.
Said request shall be submitted to the permit administrator, together with the following:
1. A certified copy of a valid permit issued by any other jurisdiction;
2. A certified copy of the provisions of the ordinance or other local law
pursuant to which the permit was issued by said other jurisdiction;
3. Proof of identification; and
4. A nonrefundable application deposit fee of twenty-five dollars.
C. All temporary permits shall automatically expire thirty days after the date
of issuance of the subject temporary permit. The permit administrator shall have the
discretion to extend the term of any temporary permit an additional thirty days provided
that the entire term of the subject temporary permit does not exceed a total period of
ninety days.
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D. The permit administrator may condition the issuance of a temporary permit
Kim
on any additional requirements that he or she deems necessary to assure the purpose
and policy of this chapter is met. (Ord. 993 § 4 (part), 2002)
5.90.120 Keeping application and ordinance current.
A. During the effective duration of the permit, the permittee shall promptly
update, correct or supplement the information contained in the application therefore on
file with the permit administrator when necessary to keep the information contained
therein current and accurate.
B. Where reference is made herein to any statute or other law, said reference
shall include any subsequent amendment or superseding provision thereto.
C. The fees and fines and other sums set forth in this chapter shall be in
effect until the city council or, if authority hereunder has been delegated to another
agency, the governing body thereof, shall, by resolution, fix some other rate based upon
a cost factor. (Ord. 993 § 4 (part), 2002)
5.90.130 Renewal of permit.
A. All permits shall expire one year from the date they are issued, except that
an off-premises endorsement shall expire concurrently with the corresponding massage
therapist permit.
B. Applications for renewal of a permit shall be made thirty calendar days
prior to the expiration date of the permit. As necessary to update the information
contained within the last application or renewal thereof, application for renewal shall be
in the same manner as the original application. However, to the extent that the
information previously submitted to the permit administrator remains current, a
statement to that effect shall be sufficient and no further information or documentation
shall be required except as follows:
1 . Renewal of a Reciprocal Permit.
a. Where the applicant seeks to renew a reciprocal permit, application for
renewal shall include evidence that the underlying massage therapist permit has been
renewed by the issuing jurisdiction and that it remains valid and current.
b. For renewal of a Reciprocal Permit, permittee shall pay a nonrefundable
renewal application deposit fee of ten dollars to help defray the expense of
administering this chapter.
C. A reciprocal permit shall not be renewed if the underlying massage
therapist permit has expired and has not been renewed, or the underlying permit has
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been revoked, or is otherwise no longer valid. If renewal of a reciprocal permit is denied
because the underlying permit is no longer valid, permittee shall submit a complete,
original application and comply with all submission requirements set out above for
application for an original massage therapist permit. All such applications shall include
an explanation of the reason that the reciprocal permit is no longer valid.
2. Renewal of Original Permits.
a. For renewal of an original massagists therapist permit, including a permit
issued by the city prior to the adoption of this chapter, permittee shall include a current
physicians certificate, as described above, with his or her renewal application.
b. For renewal of an original massage therapist permit, permittee shall also
pay a nonrefundable renewal application deposit fee of one hundred dollars at the time
of filing the renewal application to help defray the expense of administering this chapter.
C. Applications that are not renewed prior to the expiration date of the permit
will be inactivated. Applicants may re-activate their permit within eighteen months of the
expiration date of the permit by providing the information as required in the above
subsection B. Should the eighteen-month time period expire, the applicant must
complete the entire application process including a background check. (Ord. 993 § 4
(part), 2002)
^fit 5.90.140 Therapists dress and identification.
A. During all times that he or she is performing or offering to perform
massage therapy services, every massage therapist shall wear a badge that identifies
his or her first or last name. Upon receipt of a request or complaint by a patron, the
massage therapist shall advise the patron of the full name of the massage therapy
establishment through which the massage therapy services were arranged, and the
identity of the permit administrator through whom the therapist was issued his or her
qualifying massage therapist permit.
B. All massage therapists shall have in their possession a valid permit issued
pursuant to the Coachella Valley Model Massage Ordinance as well as valid
identification at all times that he or she is performing or offering to perform massage
therapy services within the city.
C. All massage therapists shall wear non-transparent outer garments
covering all specified anatomical areas while performing or offering to perform any
massage therapy services. (Ord. 993 § 4 (part), 2002)
5.90.150 Other prohibited activities.
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A. It is unlawful for any massage therapist, any patron or any other person
present where massage therapy services are being offered or performed, to expose or
touch any specified anatomical areas, whether his or her own, or those of another
person.
B. It is unlawful for any massage therapist, any patron, or any other person
present where massage therapy services are being offered or performed, to be in a
state of full nudity or semi-nudity.
C. It is unlawful for any massage therapist, any patron, or any other person
present where massage therapy services are being offered or performed, to engage in
any specified sexual activities.
D. No person shall provide or offer to provide any massage therapy services
to a minor unless written permission is provided by the minors parent or legal guardian.
E. No permittee shall provide or offer to provide massage therapy services
under any name not specified in the qualifying permit.
F. No permittee shall provide or offer any alcoholic beverage to a patron
during the course of providing or offering to provide any massage therapy service.
G. No permittee shall transfer or assign any permit issued pursuant to this
Chapter to another person or entity. Any attempted transfer shall result in the automatic
termination of said permit. (Ord. 993 § 4 (part), 2002)
5.90.160 Permits issued pursuant to superceded ordinance.
Provided the massage therapist held a permit validly issued by the City prior to
the effective date of the ordinance codified in this chapter, and was in compliance with
all requirements of the city with respect thereto, said permit holders shall have until the
expiration date of said permit, or one year from the effective date of this chapter,
whichever date is earlier, to obtain a permit issued pursuant to the provisions of this
chapter. (Ord. 993 § 4 (part), 2002)
5.90.170 Suspension and revocation of permit.
A. A massage therapist permit and any off-premises endorsement issued
pursuant to the Coachella Valley Model Massage Ordinance, or any predecessor
ordinance, shall be revoked by the permit administrator whom has issued the permit if
he or she receives notice that, after administrative proceedings conducted in conformity
with the city's municipal code, the city has made any of the following findings or
determinations with respect to the permittee:
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1. The massage therapy business or service is conducted in a manner that
does not comply with all applicable laws, including, but not limited to, this chapter and
the city's building, zoning and health regulations.
2. The holder of the permit is convicted of any disqualifying conduct or is
required to register as a sex offender as set forth in California Penal Code Section 290;
3. The permittee fails to notify the permit administrator of any update to the
information contained in the application that is required to keep the information current;
4. Information contained in the approved application is inaccurate;
5. Any patron of the permittee contracts any communicable disease during
the course of any services offered by the permittee;
6. The holder of the permit, or any applicant therefore, refuses to allow
representatives of the city or permit administrator to inspect business records of the
permittee, or any premises utilized by the permittee for massage therapy services;
7. The permittee fails to comply with any of the provisions of this chapter; or
8. The holder of the permit has ceased to meet any of the requirements for
issuance of the permit. (Ord. 993 § 4 (part), 2002)
B. It is unlawful for any person to engage in, conduct or carry on, or to
permit to be engaged in, in or upon any premises in the city, the application of
massage or the operation of a massage establishment if such person's permit or
CMTC certification has been revoked.
5.90.180 Appeals.
A. Any person aggrieved by a decision of the permit administrator may file an
appeal to the city council that conforms to the following requirements:
1. All appeals shall be in writing and shall contain the following information:
(a) name(s) of the person filing the appeal (appellants), (b) a brief statement in ordinary
and concise language of the grounds for the appeal; and (c) the signatures of all parties
named as appellants and their mailing addresses.
2. A filing fee for an appeal of one hundred dollars, or other amount as
established from time to time by city council resolution, must be paid to the city at or
prior to the time of the filing of the appeal.
c ` 3. Any appeal filed that fails to provide all of the information required by this
section and the appropriate filing fee shall be deemed incomplete.
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ORDINANCE NO. 1215
4. A complete and proper appeal of the denial of a permit application shall be
filed with the city clerk within ten calendar days of service of the letter denying the
application or within ten calendar days of any other action that is the subject of appeal.
B. After receiving the written appeal, the city clerk shall schedule a public
hearing before the city council at the next regularly scheduled city council meeting for
which there is sufficient time to have the matter properly noticed.
C. The decision of the city council shall be final. (Ord. 993 § 4 (part), 2002)
5.90.190 Other remedies.
A. Any violation of the provisions of this chapter is unlawful and a public
nuisance, subject to abatement, removal or enjoinment thereof in the manner provided
by law.
B. Any violation of the provisions of this chapter shall constitute an infraction
violation and the violator shall be subject to the imposition of criminal penalties and civil
fines. For each separate violation of any provision of this chapter, the person convicted
of such infraction shall be subject to the following fines for each separate violation: (a) a
fine in an amount not to exceed two hundred fifty dollars for a first conviction of an
offense; (b) a fine in an amount not to exceed five hundred dollars for a second
conviction of the same offense within a twelve month period from the date of the first
offense-, and (c) a fine in an amount not to exceed seven hundred fifty dollars for a third
conviction of the same offense within a twelve month period from the date of the first
offense. The fine for a fourth and subsequent convictions of the same offense within a
twelve month period of the date from the first offense shall be one thousand dollars.
C. In lieu of issuing an infraction citation, the city may issue an administrative
citation, and/or assess an administrative fine consistent with the infraction civil fines set
out above, pursuant to any other ordinance within its municipal code.
D. Nothing in this section shall preclude the city from issuing an infraction or
misdemeanor citation upon the occurrence of the same subject offense on a separate
day.
E. The remedies provided herein are not to be construed as exclusive
remedies and, in the event of violation, the city may pursue any proceedings or
remedies otherwise provided by law. (Ord. 993 § 4 (part), 2002)
5.90.200 Exemptions.
The provisions of this chapter shall not apply to any of the following:
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a
ORDINANCE NO. 1215
A. Any physician, surgeon, chiropractor, osteopath or acupuncturist duly
licensed to practice their respective professions in the state of California, or any nurse
or physical therapist working under the supervision thereof, when engaging in any
massage therapy practice or activity within the scope of said license. Practical nurses or
other persons without qualifications as massage therapists or other persons not duly
licensed by the state of California to practice pursuant to the Medical Practice Act,
whether or not employed by a physician, surgeon, chiropractor, osteopath or
acupuncturist, may not perform or offer to perform
massage therapy without first obtaining a massage therapist permit pursuant to the
provisions of this chapter.
B. Any treatment administered in good faith in any course of the practice of
any healing art or profession by any person licensed to practice any such art or
profession under the Business and Professions Code of the state of California or any
other laws of the state of California.
C. Barbers, beauticians, manicurists and pedicurists who are duly licensed
under the laws of the state of California, except that this exemption shall apply solely to
the massaging of the scalp, face, neck, arms, hands or feet of the customer or client for
cosmetic or beautifying purposes. (Ord. 993 § 4 (part), 2002)
5.90.210 Transfer of permit.
No massage therapist permit or off-premises endorsement shall be transferable
and any attempted transfer shall render the permit null and void. (Ord. 993 § 4 (part),
2002)
RMPUBIJTREMBLAY1318092.1
7l?:0 DATE
12 SS�3 Tt? 2h:D f';EACi�a� C} �C
CITY OF PALM DESERTC.
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
REQUEST: APPROVAL OF AMENDMENTS TO CHAPTER 5.87 MASSAGE
ESTABLISHMENTS AND MASSAGISTS AND TO CHAPTER 5.90
MASSAGISTS PERMITS OF TITLE 5 BUSINESS TAXES, LICENSES AND
REGULATIONS OF THE PALM DESERT MUNICIPAL CODE.
0
SUBMITTED BY: 11Kevin Swartz
Assistant Planner
DATE: August 26, 2010
CONTENTS: Ordinance No.1215 Exhibit A and Exhibit B
Recommendation
That the City Council waive further reading and pass Ordinance No. 1215 to second
reading, approving amendments to Chapter 5.87 Massage Establishments and
Massagists and to Chapter 5.90 Massagists Permits of Title 5 Business Taxes,
Licenses and Regulation of the Palm Desert Municipal Code.
Executive Summary
Adoption of proposed ordinance amendments will prohibit new independent stand alone massage
establishments, but will protect existing ones that are legally permitted and operating as of the date
of enactment of the ordinance. The amendments will also enhance enforcement tools that can be
used when a massage establishment is found to be operating illegally. The amended Massage
Ordinance would provide the City of Palm Desert the ability to enhance the community compatibility
and policing, and to ensure that balances of land and business types are maintained throughout the
City. Changes have also been made to incorporate recent changes in State law regarding massagist
licensing.
Background
On August 27, 2009, the City Council approved and imposed a 45—day moratorium on the issuance
of Conditional Use Permits for all independent massage establishments. On October 8, 2009, the
City Council extended the 45-day moratorium for ten and one-half months, which will expire on
August 27, 2010. During the moratorium period, staff has been studying the current massage
ordinance and recommendations regarding limitation or prohibition of independent massage
establishments to enhance public safety and to provide a balance of business types within the
community which, in turn, assures a secure revenue stream to the General Fund.
Discussion
The proposed amendments to Chapters 5.87 and 5.90 are the companion to a separate item on the
agenda, which proposes to extend the existing moratorium for an additional one-year. The
moratorium extension is necessary since the amendments cannot be adopted and enacted until 30
,
Staff Report
Approval of Amendments to Chapter 5.87 and 5.90
Page 2 of 3
August 26, 2010
days after a second reading, and the current moratorium would expire prior to such enactment.
During the past several years, numerous massage establishments have opened for business in the
City of Palm Desert.There are two types of businesses which provide professional massage therapy
services: secondary uses and stand alone, independent massage establishments. Secondary uses
are massage services offered at resort hotel locations, salons, skin care, pilates, yoga, and
chiropractor locations. These establishments historically do not generate calls for services from
police or Code Enforcement.
The stand alone, independent massage establishments have generated public complaint and police
activity. During the past two years, staff has.been working with the Police Department and Code
Enforcement Division to closely monitor and regulate stand alone, independent massage
businesses operating in the city. This has resulted in the closure of a number of massage
establishments where the owners and/or employees have been engaging in prostitution and other
activities.
Simultaneously, staff has considered the financial and business development implications
associated with the number of massage establishments in the city. To assure continuity of revenue
to the General Fund, it is important to have a balance of business types in the city. Too great of a
concentration of any one type of business can lead to revenue shortage when there is a downturn in
that particular market. Additionally, Palm Desert needs to continue to provide a blend of the types
and quality of businesses available to residents and visitors so as to maintain its stature as a high-
end destination resort, with first-rate services and amenities for its residents.
Staff has been working with the Police and Finance Departments, the Code Enforcement Division,
and Business Development staff for ways to revise the current massage ordinance to enhance the
community and policing,and to provide a balanced blend of business types throughout the city.The
changes recommended to the ordinance are summarized below. In addition, the proposed
ordinance is attached, with the amendments highlighted in red type so that they can be seen in the
context of the ordinance. The chief change is a prohibition against new independent, stand alone
massage establishments, with provisions made to protect existing businesses.
Section 5.87.020 Definitions. Definitions of the terms"Communication devices""Independent stand
alone massage establishment" and "reflexology"were added.
Section 5.87.030 Permits. A prohibition against independent stand alone massage establishments
was added.
Section 5.87.040.0 Massage Establishments-Location. Language was revised to clearly require that
massage establishments obtain a Conditional Use Permit, and to emphasize that the massage
business must be an accessory use with hotels, day spas, health services, etc.
Section 5.87.050 Nonconforming uses and permits. Language was added to protect existing, legally
permitted independent, stand alone massage establishments. The new language provides that
existing independent stand alone massage establishments with Conditional Use Permits approved
and active before 1 October 2010 can relocate or expand as long as existing ownership remains the
same. All relocations and expansions will still require an amendment to the exiting Conditional Use
Permit.
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Staff Report
Approval of Amendments to Chapter 5.87 and 5.90
Page 3 of 3
August 26, 2010
Section 5.87.085 Outcall massage endorsement was added. The current massage ordinance did
not require that the applicant be associated with a licensed massage establishment, or have
certification hours.
Section 5.87.090 Q. Massage establishment operating requirements. A prohibition was added such
that no person operating a massage establishment can permit communication devices to be
installed or used on the premises so as to interfere with or hinder inspections by Code or law
enforcement officers.
Section 5.87.090.R Massage establishment operating requirements. A prohibition against living
inside the massage establishment was added.
Section 5.87.180 Suspension, revocation of permit. Sections C, D, and E were added allowing the
City Manager to suspend a massage establishment permit immediately upon violations of the law,
and made it unlawful to operate when the massage establishment permit has been suspended.
Section 5.87.190 Inspection required. Language was added that during an inspection, law
enforcement officers may also verify the identity of all employees.
Section 5.90.020.D Massage therapy permits required. Requirements were added such that
massagists must poses and be able to produce valid City-issued identification cards when they are
acting as a massagist in the city. These permits aid in law enforcement activities and the revised
ordinance will codify current procedural practices for issuing them.
Fiscal Analysis
There is no significant fiscal impact regarding the approval of the amendments to Chapter 5.87 and
Chapter 5.90 of Title 5 Business Taxes, Licenses, and Regulations of the Palm Desert Municipal
Code.
Submitted by: Department Head:
oo
Kevin Swartz -'Lauri Aylaian
Assist t Planner Director of Community Development
Paul S. Gibson
Finance Director
Approval:
I�W4 -/W;L_ —
Jo . Wohlmuth
ity Manager (�j
ORDINANCE NO. 1215
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING AMENDMENTS TO CHAPTER
5.87 MASSAGE ESTABLISHMENTS AND MASSAGISTS AND TO
CHAPTER 5.90 MASSAGISTS PERMITS OF TITLE 5 BUSINESS TAXES,
LICENSES AND REGULATIONS OF THE PALM DESERT MUNICIPAL
CODE.
WHEREAS, the City Council of the City of Palm Desert, California, did on the
26�h day of August, 2010, hold a duly noticed public hearing to consider modification to
Chapter 5.87 and Chapter 5.90 of the Palm Desert Municipal Code; and
WHEREAS, said application has complied with the requirements of the "City of
Palm Desert Procedure for Implementation of the California Environmental Quality Act,"
Resolution No. 06-78, and the Director of Community Development has determined that
the proposed revision to the Health and Safety Code is not a project as defined under
CEQA and no further environmental review is necessary; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all interested persons desiring to be heard, said City Council
did find the following facts and reasons to exist to justify approval of the said
amendments:
1 . That the proposed amendment will not negatively impact the public health, safety,
or general welfare.
2. That stand alone, independent massage establishments have generated public
complaint and police activity. This has resulted in the closure of a number of
massage establishments where the owners and/or employees have been
engaging in prostitution and other activities.
3. Secondary uses are massage services offered at resort hotel locations, salons,
skin care, pilates, yoga, chiropractor and other health services locations. These
establishments historically do not generate calls for services from police or Code
Enforcement.
4. To assure continuity of revenue to the General Fund, it is important to have a
balance of business types in the city. Too great of a concentration of any one
type of business can lead to revenue shortage when there is a downturn in that
particular market.
5. To maintain its stature as a high-end destination resort, with first-rate services
and amenities for its residents, it is important for the city to provide a blend of the
types and quality of businesses available to residents and visitors.
ORDINANCE NO. 1215
6. The amended Massage Ordinance would provide the City of Palm Desert the
ability to enhance the community compatibility and policing, and to ensure that
balances of land and business types are maintained throughout the City.
Therefore, for these reasons, the amendments to the municipal code are deemed by the
City Council to be necessary.
THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DOES
ORDAIN AS FOLLOWS:
SECTION 1: That the above recitations are true and correct and constitute the
findings of the City Council on this matter.
SECTION 2: Palm Desert Municipal Code Chapter 5.87 and Chapter 5.90 are
hereby amended and restated as described in Exhibit A and Exhibit
B, respectively, attached hereto.
SECTION 3: That the City Clerk of the City of Palm Desert, California, is hereby
directed to publish this ordinance in the Desert Sun, a newspaper
of general circulation, published and circulated in the City of Palm
Desert, California, and shall be in full force and effective thirty (30)
days after its adoption.
PASSED, APPROVED AND ADOPTED by the Palm Desert City Council this 26tn
day of August, 2010, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
CINDY FINERTY, Mayor
ATTEST:
RACHELLE D. KLASSEN, City Clerk
City of Palm Desert, California
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ORDINANCE NO. 1215
EXHIBIT "A"
That Title 5, Chapter 5.87 Massage Establishments and Massagists of the Business
Taxes, Licenses and Regulation is hereby amended where indicated in bold font as
follows:
Chapter 5.87 MASSAGE ESTABLISHMENT AND MASSAGISTS
5.87.020 Definitions.
Unless the particular provision or the context otherwise requires, the definitions
and provisions contained in this section shall govern the construction, meaning and
application of words and phrases used in this Chapter:
California Massage Therapy Council (CMTC) means a state-organized non-
profit organization created to regulate the massage industry as set forth in
Chapter 10.5 of Division 2 of the Business and Professions Code of the state
(commencing with Section 4600).
City manager means the city manager of the city of Palm Desert, or his or her
designated representative.
CMTC-certified establishment is either (1) a massage establishment or
business that is a sole proprietorship, where the sole proprietor is certified by the
CMTC or (2) a massage establishment or business that employs or uses only
persons certified by the CMTC to provide massage services.
Communicable disease means tuberculosis, hepatitis, or any disease which may
be transmitted to a patron through normal contact during the performance of any
massage service, and does not include venereal or sexually transmitted diseases,
which would not be transmitted to patrons through normal contact during the
performance of any massage service.
Communication device means any video or other type of camera device
whether it is free standing, temporarily or permanently mounted to a fixed surface
indoors or outdoors.
Day spas are places where baths, steam, sauna, body wraps, salt glows
and other exfoliating treatments, hot and cold packs, compresses, and other
forms of hydrotherapy, are given as well as facials, exercise classes, all services
being directed toward health.
Director means the director of finance or his or her delegated representative.
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ORDINANCE NO. -2_1_5._
Employee means any person over eighteen years of age other than a massagist
who renders any service in connection with the operation of massage business and
receives compensation from the operator of the business or patrons.
Independent stand alone massage establishment is any business that
performs massage where massage business revenue exceeds 50% of the gross
income for the business.
Manager shall mean the person(s) designated by the operator of the
massage establishment to act as the representative and agent for the operator in
managing day-to-day operations with the same liabilities and responsibilities as
the operator. Evidence of management includes, but is not limited to, evidence
that the individual has power to direct or hire and dismiss employees, control
hours of operation, create policy or rules or purchase supplies. A manager may
also be an operator. A massage technician permit is not required to be a
manager. A manager may not perform any massage services without first
meeting the standards and qualifications of Section 5.90.060 and obtaining a
technician permit or being exempt from city permitting requirements pursuant to
Section 5.90.020.
Massage means any method, except reflexology, of pressure on, or friction
against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the
external parts of the human body with the hands or with the aid of any mechanical or
electrical apparatus or appliances, with or without supplementary aids such as creams,
ointments, or other similar preparations commonly used in the practice of massage,
under such circumstances that it is reasonably expected that the person to whom the
treatment is provided or some third person on his or her behalf will pay money or give
any other consideration or any gratuity therefore.
Massage establishment means any establishment having a source of income or
compensation derived from the practice of massage as defined in this section, and
which has a fixed place of business where any person, firm, association or corporation
engages in or carries on any of the activities defined as massage in this section.
Massagist means any person who, for any consideration whatsoever, engages in
the practice of massage as defined in this section at any permitted establishment. The
terms "massage therapist," "massage practitioner," or any other terms used
within the massage industry are included within this definition for the purposes
of this ordinance. This definition shall also include anyone operating pursuant to
a valid "massage therapist" or "massage practitioner" certification issued by the
CMTC.
Outcall massage service means any business, the function of which is to engage
in or carry on massages at a location designated by the customer or client rather than a
massage establishment.
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ORDINANCE NO. 1215
Permittee means the person to whom a permit has been issued.
Publicly traded corporation shall be a corporation whose stock is traded on the
New York, American, Pacific or NASDAQ Exchanges.
Police chief means the chief of the police department of the city of Palm Desert,
or his or her designated representative.
Recognized school of massage means any school or educational institution
licensed or approved in the state it is located, whose purpose it is to upgrade the
professionalism of massagists and which teaches the theory, ethics, practice,
profession or work of massage; which requires a resident course of study before the
student shall be furnished with a diploma or certificate of graduation from such school or
institution of learning following the successful completion of such course of study or
learning. Schools offering a correspondence course not requiring actual attendance
shall not be deemed a recognized school. The city shall have a right to confirm that the
applicant has completed a certificate program from a recognized school.
Reflexology means an alternative, complementary, or integrated medicine
method of treatment involving the physical act of applying pressure to the feet
and hands with specific thumb, finger, and hand techniques without the use of oil
or lotion. Reflexology is performed in an area open to the general public, and not
in individual treatment rooms with doors or other devices that screen the view of
treatments being performed.
Specified anatomical areas means:
1 . Less than completely and opaquely covered human genitals, pubic region,
anus, or female breasts below a point immediately above the top of the areola; or
2. Human male genitals in a discernibly turgid state, even if completely and
opaquely covered. (Ord. 993 § 3 (part), 2002; Ord. 870 § 2 (Exhibit A) (part), 1998)
5.87.030 Permits.
A. Requirements. Except as provided in Section 5.87.135. it is unlawful for
any person, association, partnership or corporation to engage in, conduct, carry on or
upon any premises within the city, the business of a massage establishment, as defined
in this chapter, without possessing a permit issued pursuant to the provisions of this
chapter for each and every separate office or place of business conducted by the
above. The permit fee required by this chapter shall be in addition to any other license,
permit or fee required under any of the provisions of this code.
B. Except as provided in Section 5.87.135. Independent stand alone
massage establishments are prohibited and shall not be issued massage
establishment permits.
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ORDINANCE NO. 1215
C. Authorization. Except as provided in Section 5.87.135 neither the filing
of an application for the permit, nor payment of any other license, permit or fee required
under any other provision of this code shall authorize the engaging, conducting or
carrying on of a massage establishment.
D. Application Fee. The application fee for a massage establishment permit
shall be five hundred dollars and shall be used to defray the cost of investigation and
processing as set forth herein. The fee set forth in this section shall be in effect until the
city council shall, by resolution, fix some other rate based upon a cost factor.
E. Renewal of Permit. Except as provided in Section 5.87.135 all permits
shall expire one year from the date it is issued. Applications for renewal of a permit shall
be made sixty days prior to the expiration date of the permit. The renewal application
fee for a massage establishment permit shall be one hundred dollars. Said renewal
application fees are nonrefundable and shall be used to defray the cost of investigation
and processing said renewal applications. The fee set forth in this section shall be in
effect until the city council shall, by resolution, fix some other rate based upon a cost
factor. (Ord. 993 § 3 (part), 2002; Ord. 870 § 2 (Exhibit A) (part), 1998)
5.87.040 Massage establishments—Location.
A. Except as provided in Section 5.87.135 all massage establishments will
require approval of a conditional use permit per Chapter 25.72 of the zoning ordinance.
The applicant for a conditional use permit must provide a written statement
confirming that the applicant is the owner or authorized agent of the owner of the
property and that the applicant or owner is aware of the massage establishment
regulations as set forth in this Chapter.
B. Zones permitted by conditional use permit: C-1 , general, PC, planned
commercial, O.P., office professional and S.I., service industrial.
C. Massage establishments shall only be permitted subject to approval of a
conditional use permit as an accessory use with hotels, beauty salons, day spas,
athletic clubs and other health service or educational institutions in those zones where
they are permitted and approved. (Ord. 898, 1998; Ord. 870 § 2 (Exhibit A) (part), 1998)
5,87.050 Nonconforming uses and permits.
A. Establishments. Except as provided in Section 5.87.135 all
establishments legally permitted to offer massage on January 1, 1998, but which are in
noncompliance as a result of amendment to this chapter shall be deemed legal
nonconforming and will be allowed to continue operation provided they are in
compliance with all limitations and requirements of their original permit except as noted
below. Any expansion of massage services beyond those specified in the original
approval shall require a conditional use permit. (Ord. 993 § 3 (part), 2002; Ord. 870 § 2
(Exhibit A) (part), 1998)
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ORDINANCE NO. 1215
B Except as provided in Section 5.87.135 existing independent stand
alone massage establishments with a Conditional Use Permit approved and
active before 1 October 2010 can relocate or expand as long as existing
ownership remains the same, and as long as business expansions do not involve
operation of multiple locations. All relocations and expansions of independent
stand alone massage establishments legally permitted before this date require an
amendment to the exiting Conditional Use Permit.
5.87.060 Building requirements for massage establishments.
In addition to the requirements of the zoning and building codes, the following
additional requirements shall be met by massage establishments:
A. A recognizable and readable sign shall be posted at the main entrance
identifying the establishment; provided, that all such signs shall comply with the sign
regulations of the city,
B. Fire and Safety Requirements. Maximum occupancy load, fire exits, aisles
and fire equipment shall be regulated, designed and provided in accordance with the
fire department and building department regulations and standards.
C. Building Openings. All building openings, entries, windows, etc., shall be
located, covered or screened in such a manner as to prevent a view from the outside of
the building into dressing rooms, treatment rooms, restrooms, and other areas where
patrons of the business may not be fully dressed.
D. Lighting in Parking Lots. Lighting shall be in compliance with Chapter
24.16 of the municipal code.
E. Construction of rooms used for toilets, baths and showers shall be made
waterproof with approved waterproofed materials and shall be installed in accordance
with the city building code. Plumbing fixtures shall be installed in accordance with the
city plumbing code:
1 . Steam rooms and shower compartments shall have waterproof floors,
walls and ceilings approved by the city;
2. Floors of wet and dry heat rooms shall be adequately pitched to one or
more floor drains properly connected to the sewer. Exception: dry heat rooms with
wooden floors need not be provided with pitched floors and floor drains;
3. A source of hot water must be available within the immediate vicinity of dry
and wet heat rooms to facilitate cleaning.
F. Toilet facilities shall be provided in convenient locations. When employees
and patrons of different sexes are on the premises at the same time, separate toilet
7
ORDINANCE NO. 1215
facilities shall be provided for each sex. A single water closet per sex shall be provided
for each twenty or more employees or patrons of that sex on the premises at any one
time. Urinals may be substituted for water closets after one water closet has been
provided. Toilets shall be designated as to the sex accommodated therein;
G. Hot and cold running water under pressure from a potable source shall be
provided to all washbasins, bathtubs, showers, and similar facilities. Each water basin
shall be provided with soap or detergent and single-service towels placed in
permanently installed dispensers. A trash receptacle shall be provided in each room
where such facilities are located. In addition to the washbasin provided for patrons, a
minimum of one separate washbasin shall be located within or as close as practicable
to each area in which massages are administered and baths taken.
H. Provide minimum lighting in accordance with the Uniform Building Code,
and in addition, at least one artificial light of not less than forty watts shall be provided in
each enclosed room where massage services are being performed on a patron. (Ord.
870 § 2 (Exhibit A) (part), 1998)
5.87.070 Special events permit required.
When extra massagists are required for a special event at or organized by an
approved massage establishment, the owner, manager, or operator of the
establishment must supply the city with a list of massagists who will be working at the
event, copies of their certifications, copies of licenses they may hold in other cities, or
under the CMTC, and any other information the city may reasonably require, not less
than two weeks before the date of the event, and pay a fee for a one-day permit, the
amount of the fee to be set by the city council. Nothing in this section is to be construed
to permit such massagists from performing massage at any other location in the city at
any other time, unless each massagist has fulfilled the requirements of Chapter 5.90
and has a current permit to perform massage, or has been licensed by the CMTC.
(Ord. 993 § 3 (part), 2002; Ord. 870 § 2 (Exhibit A) (part), 1998)
5.87.080 Application for massagist's permit—Types of permits.
A. Except as provided in Section 5.87.135 any person desirous of
engaging in the practice of massage, as massage is defined in this chapter, must first
secure either a site specific or citywide massagist's permit. Application shall be made to
the city manager in the same manner as provided herein for massage establishment
permits. The application shall contain the following:
1 . The business address and all telephone numbers where the massage is to
be practiced;
2. Name, including all names, nicknames and aliases by which the applicant
has been known; and residence address, including the two previous addresses
immediately prior to the present address of the applicant;
8
ORDINANCE NO. 12-1
3. Social security number, driver's license number, if any, and date of birth;
4. Applicant's weight, height, color of hair and eyes, and sex;
5. Written evidence that applicant is at least eighteen years of age;
6. A complete statement of all convictions of the applicant for any felony or
misdemeanor or violation of a local ordinance, except misdemeanor traffic violations;
7. Fingerprints of the applicant taken by the police department; or proof of
having obtained a valid massage permit or license in another Coachella Valley city
which requires equivalent fingerprint investigation as determined by the Riverside
County sheriff's department, said permit or license to have been obtained within one
year of the date of application to this city, and this city retaining the right to confirm the
validity of the license and the applicant's record for the preceding two years in the city
where the license or permit was obtained. If fingerprints have already been obtained in
another city, the fee will be reduced appropriately;
8. Two front-face portrait photographs taken within thirty days of the date of
application and at least two inches by two inches in size;
9. Training.
a. Citywide Massagist's Permit and Massage Establishment Permit.
Transcript or certificate of completion verifying not less than five hundred hours of
training from any school or educational institution licensed or approved in the state it is
located, whose purpose it is to upgrade the professionalism of massagists and which
teaches the theory, ethics, practice, profession or work of massage. Schools offering
correspondence courses not requiring actual attendance at classes shall not be deemed
a "recognized school,"
b. Site Specific Massagist's Permit. Transcript or certificate of completion
verifying not less than three hundred hours of training from any school or educational
institution licensed or approved in the state it is located whose purpose it is to upgrade
the professionalism of massagist and which teaches the theory, ethics, practice,
profession or work of massage. Schools offering correspondence courses not requiring
actual attendance at classes shall not be deemed a "recognized school." With the
minimum hours of certified training, applicant shall also submit a letter of intent to
employ from an approved massage establishment or physician, surgeon, chiropractor,
osteopath or healing art office shall be required, This letter shall state that the massage
establishment operator has reviewed the applicant's qualifications and that the applicant
has met the requirements necessary to perform massage treatments working under
supervision at that facility;
10. The massage or similar business history and experience ten years prior to
the date of application, including, but not limited to, whether or not such person, in
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ORDINANCE NO. 1215
previously operating in this or another city or state under license or permit, has had
such license or permit denied, revoked or suspended, and the reasons therefore, and
the business activities or occupations subsequent to such action of denial, suspension
or revocation. This expressly includes any license denial, suspension, revocation
or any other disciplinary action taken by any agency or non-profit operated or
organized by the state to license or otherwise regulate massage technicians,
including the CMTC;
11. The names, current addresses and written statements of at least five bona
fide permanent residents, other than relatives, of the United States that the applicant is
of good moral character. If the applicant is able, the statement must first be furnished
from residents of the city, then the county, then the state of California and lastly from the
rest of the United States;
12. A medical certificate signed by a physician, licensed to practice in the
state of California, within thirty days of the date of the application, or proof of having
obtained a valid massage permit or license in another Coachella city which requires a
medical certificate, and a copy of such medical certificate, said permit or license to have
been obtained within ninety days of the date of application to this city, and this city
retaining the right to confirm the validity of the license. The certificate shall state that the
applicant was examined by the certifying physician and that the applicant is free of
communicable disease. The additional information required by this subsection shall be
provided at the applicant's expense;
13. Such other information, identification and physical examination of the
person deemed necessary by the city police in order to discover the truth of the matters
required to be set forth in the application;
14. Authorization for the city, its agents and employees to seek information
and conduct an investigation into the truth of the statements set forth in the application
and qualifications of the applicant for the permit;
15. Written declaration by the applicant, under penalty of perjury, that the
foregoing information contained in the application is true and correct, said declaration
being duly dated and signed in the city.
B. Site Specific Massagist's Permit Limitations. A site specific massagist's
permit shall allow the holder of such permit to engage in the practice of massage only at
approved massage establishments or physician, surgeon, chiropractor, osteopath or
healing art offices.
C. Temporary Permits. The city manager may issue a temporary massagist's
permit to any person whose application is pending for a massagist's permit who has
shown, to the satisfaction of the city manager, that he or she has a massagist's permit
in good standing in another jurisdiction which has comparable licensing provisions,
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ORDINANCE NO. 1215
including requirements for fingerprinting, a medical clearance and a background check.
(Ord. 870 § 2 (Exhibit A) (part), 1998)
5.87.085 Outcall massage endorsement
A. A massagist permit may be approved authorizing a permittee to
perform outcall massage if all the requirements of Chapter 5.87 are met, including
association with a licensed massage establishment legally conducting business
in the City of Palm Desert with a sworn affidavit from an employer. In addition to
these requirements, the massagist must have:
1. Completed a course of instruction of not less than five hundred
hours, conducted at a school recognized, approved or accredited by the
American Massage Therapy Association or by a professional association of
similar statue; and
2. Current certification as a massage therapist (MS.T) or a registered
massage therapist (RM.T) by the American Massage Therapy Association or has
an equivalent certification.
5.87.090 Massage establishment operating requirements.
Each massage establishment shall comply with each of the following
requirements:
A. Conduct, or otherwise operate, a massage business only between the
hours of seven a.m. and twelve midnight or as specified in the approved Conditional
Use Permit.
B. Post a list of services available, described in readily understandable
language, and the cost of such services in a conspicuous place on the premises.
C. Display the permit, and a copy of the permit of each massagist therein, in
a conspicuous place on the premises.
D. Maintain a record which includes the date and time of each massage, the
name and address of the patron, the name of the person administering such massage,
and the type of massage given. Such records will be made available upon request
based on good cause, for inspection by the city manager or police chief, or their
designees. The information contained in such records shall be confidential.
E. The premises shall have adequate equipment for disinfecting and
sterilizing nondisposable instruments and materials used in administering massages.
Such nondisposable instruments and materials shall be disinfected after each use on
each patron.
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ORDINANCE NO. 1215
F. All employees, including massagists, shall be clean and wear clean,
nontransparent outer garments, covering their specified anatomical areas.
G. Amplified Sound. No loudspeakers or sound equipment shall be used by a
massage establishment for amplification of sound to a level discernible by the public
beyond the walls of the building in which use is conducted.
H. No person shall give, or assist in the giving of, any massage or other body
treatment to any other person under the age of eighteen years, unless the parent or
guardian of the minor person has consented thereto in writing.
I. Placement of Permit. The permit required by this chapter shall be
displayed in a prominent place.
J. Maintain walls, ceilings, floor, pools, showers, bathtubs, water basins,
toilets, wet and dry heat rooms, steam or vapor rooms and cabinets and all other
facilities in good repair and in a clean and sanitary condition. Showers, water basins,
toilets, wet and dry heat rooms, steam or vapor rooms, and cabinets and compartments
shall be thoroughly cleaned at least once each day the massage business is in
operation. Bathtubs shall be thoroughly cleaned after each use.
K. Provide clean and sanitary towels, sheets and linens for each person. No
common usage of sheets, towels and linens shall be permitted. Towels, sheets and
linens shall be provided in sufficient quantity and shall not be used by more than one
person unless such towels, sheets and linens have been relaundered. Separate closed
cabinets or containers shall be provided for the storage of clean and soiled towels,
sheets and linens, and such cabinets or containers shall be plainly marked "clean linen"
and "soiled linen."
L. Cover pad used on massage tables in workmanlike manner with durable,
washable plastic or other waterproof material.
M. Unlock all exterior doors from interior side during business hours.
N. No massage establishment granted a license under the provisions of this
chapter shall place, publish or distribute, or cause to be placed, published or distributed,
any advertisement, picture or statement which is known, or through the exercise of
reasonable care should be known, to be false, deceptive or misleading in order to
induce any person to purchase or utilize any professional massage service.
O. It is unlawful for any massage service to be carried on within any cubicle,
room, booth, or any area within a permitted establishment which is fitted with a door
capable of being locked. Toilets and cubicles used solely for the application of liquid and
vapor baths shall be clearly marked as to purpose on the exterior door or curtain of said
cubicle, room, or booth. Nothing contained herein shall be construed to eliminate other
requirements of statute, ordinance or municipal code concerning the maintenance of
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ORDINANCE NO. 1215
premises, nor to preclude authorized inspection thereof, whenever such inspection is
deemed necessary by the code enforcement, the police or health departments.
P. No permitted establishment shall operate as a school of massage, or
operate in the same location, or use the same facilities as that of a school of massage
except as otherwise may be provided by law. (Ord. 870 § 2 (Exhibit A) (part), 1998)
Q. No person operating a massage establishment shall permit
communication devices to be installed or used in any manner on the premises so
as to interfere with or hinder inspections by Code or law enforcement officers.
R. No person or persons shall be allowed to live or sleep inside the
massage establishment at any time.
S. Massage businesses that employ one or more CMTC-certified
practitioners or therapists must maintain evidence of their massage
professionals' CMTC certifications for City review.
5.87.100 Prohibition regarding specified anatomical areas.
A. It is unlawful for any massagist or any person on the premises of a
massage establishment to expose to any other person or touch any specified
anatomical areas, whether his or her own, or those of a client.
B. It is unlawful for any person owning, operating, or managing a massage
establishment knowingly to cause, allow, or permit in or about such massage
establishment any agent, employee or any other person under his control or supervision
to permit acts in violation of Chapter 5.90, including, specifically, Section 5.90.140
(Therapists dress and identification) and Section 5.90.150 (Other prohibited activities).
C. Any violation of these provisions shall be deemed grounds for revocation
of the permit granted hereunder. (Ord. 993 § 3 (part), 2002; Ord. 870 § 2 (Exhibit A)
(part), 1998)
5.87.110 Employment of and services rendered to minors prohibited.
No holder of a massage establishment permit shall employ any person under
eighteen years of age without written parental consent; nor shall such permittee provide
any service for which it requires said permit to any patron, customer or person under
eighteen years of age, except at the special instance and request of a parent, guardian,
or other person in lawful custody of the minor upon whose behalf the massage service
is requested. (Ord. 870 § 2 (Exhibit A) (part), 1998)
5.87.120 Exemptions.
The provisions of this chapter shall not apply to:
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ORDINANCE NO. 1215
A. Any physician, surgeon, chiropractor, osteopath, or acupuncturist or any
nurse or physical therapist working under the supervision of a physician, surgeon,
chiropractor, osteopath, or acupuncturist duly licensed to practice their respective
professions in the state of California. Practical nurses or other persons without
qualifications as massagists or other persons not duly licensed by the state to practice
pursuant to the Medical Practice Act, whether employed by a physician, surgeon,
chiropractor, osteopath, or acupuncturist, may not give massages or massage
procedures without obtaining a massagist's permit.
B. The requirements of this chapter shall not apply to any treatment
administered in good faith in any course of the practice of any healing art or profession
by any person licensed to practice any such art or profession under the Business and
Professions Code of the state or any other law of the state.
C. Barbers, beauticians, manicurists, and pedicurists who are duly licensed
under the laws of the state of California without qualifications as a massagist, except
that this exemption shall apply solely to the massaging of the scalp, face, neck, arms,
hands, or feet of the customer or client for cosmetic or beautifying purposes.
D. Massages or massage procedures as provided by or in connection with a
physician, surgeon, chiropractor, osteopath or healing art office shall be ancillary to and
a part of a physician, surgeon, chiropractor, osteopath or healing art office. The
massage portion of the use shall be a minor use and the physician, surgeon,
chiropractor, osteopath or healing art office use shall be the major use, with the
massage portion of the use not occupying a significant or substantial portion of the
business. The requirements of this chapter regarding massage establishments shall not
apply to this minor, ancillary use. (Ord. 870 § 2 (Exhibit A) (part), 1998)
5.87.130 Massage establishment—Application for permit.
Any person, association, partnership or corporation desiring to obtain a business
license tax certificate and a permit for a massage establishment, shall make an
application, under oath, to the city manager upon a form provided by the city manager
showing:
A. The name, current permanent residential address and telephone number
of the applicant;
B. The business name, proposed business address of the massage
establishment, and its telephone number. If the applicant is a corporation, the name
shall be exactly as set forth in its articles of incorporation. If the corporation is not
publicly traded, it shall provide a copy of it articles of incorporation and shall show the
name, residence address of each of the officers, directors, and each stockholder owning
not less than ten percent of the stock of the corporation and the address of the
corporation itself, if different than the address of the massage establishment. If the
applicant is a partnership, the application shall show the name and address of each of
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ORDINANCE NO. 1215
the partners, including limited partners, and the address of the partnership itself, if
different from the address of the massage establishment;
C. The name and permanent address of the owner of the property upon
which the applicant intends to locate the massage establishment. If the property owner
is a corporation, the name shall be exactly as set forth in its articles of incorporation. If
the corporation is not a publicly traded corporation, the applicant shall show the name
and residence address of each of the officers, directors and stockholders owning not
less than ten percent of the stock of the corporation. If the property owner is a
partnership, the applicant shall show the name and residence address of each of its
partners, including limited partners;
D. In the event the applicant is not the owner of record of the real property
upon which the massage establishment is or will be located, the application must be
accompanied by a notarized statement from the owner of record of the real property
acknowledging that a massage establishment is or will be located on the property. In
addition, the applicant must furnish a copy of the lease or rental agreement pertaining to
the premises in which the massage establishment will be located;
E. The date, hours and location where the massage establishment is
proposed to be conducted, and the admission fee, if any, to be charged;
F. The name(s) or person(s) having the management or supervision of the
applicant's business;
G. Whether or not the applicant has been convicted of a crime, the nature of
such offense, the date of conviction, place convicted, and the sentence received
therefore. If the applicant is a non-publicly traded corporation, this requirement applies
to each of the officers, directors, and/or stockholders owning not less than ten percent
of the stock of the corporation. If the applicant is a partnership, this requirement applies
to each of the partners, including limited partners;
H. Whether or not the applicant has ever had any similar license or permit
issued by such agency revoked or suspended, or has had any professional or
vocational license or permit revoked or suspended, and the reasons therefore, and the
business activity or occupation subsequent to such action of suspension or revocation.
If the applicant is a non-publicly traded corporation, this requirement applies to each of
the officers, directors and/or stockholders owning not less than ten percent of the stock
of the corporation. If the applicant is a partnership, this requirement applies to each of
the partners, including limited partners;
I. Driver's license or other acceptable identification and social security
number of the applicant. If the applicant is a non-publicly traded corporation, this
requirement applies to each of the officers, directors, and/or stockholders owning not
less than ten percent of the stock of the corporation. If the applicant is a partnership,
this requirement applies to each of the partners, including limited partners;
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ORDINANCE NO. 1215
J. Acceptable written proof that the applicant is at least eighteen years of
age. If the applicant is a non-publicly traded corporation, this requirement applies to
each of the officers, directors and/or stockholders owning not less than ten percent of
the stock of the corporation. If the applicant is a partnership, this requirement applies to
each of the partners, including limited partners;
K. The height, weight, color of eyes, color of hair and date of birth of the
applicant. If the applicant is a non-publicly traded corporation this requirement applies to
all officers, directors and/or stockholders owning not less than ten percent of the stock
of the corporation. If the applicant is a partnership, this requirement applies to all
partners, including limited partners;
L. The business, occupation or employment history of the applicant for the
last ten-year period immediately preceding the date of filing for the application. If the
applicant is a non-publicly traded corporation, this requirement applies to each of the
officers, directors, and/or stockholders owning not less than ten percent of the stock of
the corporation. If the applicant is a partnership, this requirement applies to each of the
partners, including limited partners;
M. Each residential and business address of the applicant for the ten-year
period immediately preceding the date of the filing of the application. If the applicant is a
non-publicly traded corporation, this requirement applies to each of the officers,
directors, and/or stockholders owning not less than ten percent of the stock of the
corporation. If the applicant is a partnership, this requirement applies to each of the
partners, including limited partners;
N. One front-face portrait photograph of the applicant at least two inches by
two inches and a complete set of applicant's fingerprints which shall be taken by the city
police. If the applicant is a non-publicly traded corporation, one front-face photograph at
least two inches by two inches of all officers, directors, and stockholders owning not
less than ten percent of the stock of said corporation and a complete set of the same
officers', directors', and stockholders' fingerprints which shall be taken by the city police;
O. The name and address of each massagist who is or will be employed in
said establishment;
P. Applicant must furnish a diploma or certificate of graduation (i) from a
recognized school of massage or (ii) certified by the National Certification Board for
Therapeutic Massage and Bodywork. Certified transcripts from a recognized school of
massage verifying that the applicant has successfully completed a course of study
requiring at least five hundred hours of massage therapy. However, if the applicant will
not personally engage in the practice of massage or the day-to-day operation of a
massage establishment, as defined herein, the applicant need not possess such
diploma or certificate, but must have a manager with the five hundred hours of training
from a recognized school of massage;
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ORDINANCE NO. 1215
Q. The name and address of any other massage establishment owned or
operated by any person whose name is required to be given in subsection B of this
section;
R. A description of any other business to be operated on the same premises
or on adjoining premises owned or controlled by the applicant. If the applicant is a non-
publicly traded corporation, this requirement applies to each of the officers, directors,
and/or stockholders owning not less than ten percent of the stock of the corporation. If
the applicant is a partnership, this requirement applies to each of the partners, including
limited partners;
S. Authorization for the city, its agents and employees to seek information
and conduct an investigation into the truth of the statements set forth in the application
and the qualifications of the applicant for the permit;
T. Such other identification and information necessary to discover the truth of
the matters hereinbefore specified as required to be set forth in the application;
U. Applicant must furnish for any person whose name is required to be given
in subsection F the information required by subsections A, I, J, K, L, M, N, P, Q, S, and
T of this section.
The holder of the permit for a massage establishment shall notify the city's
department of code enforcement and Business Licenses of each change in any of the
data required to be furnished by this section within ten days after such change occurs.
(Ord. 993 § 3 (part), 2002; Ord. 870 § 2 (Exhibit A) (part), 1998)
5.87.135 Effect of California Massage Therapy Council Certification
A. Notwithstanding any provision of this article to the contrary, any
person who owns or operates a massage establishment shall not be required to
obtain a massage establishment permit pursuant to this Chapter provided any of
the following is true:
1. The massage establishment is a sole proprietorship and the sole
proprietor possesses and maintains a current, valid massage technician
certification issued by the CMTC.
2. The massage establishment only employs or uses massage
technicians who possess and maintain current, valid massage technician
certification issued by the CMTC.
B. This section does not exempt or excuse any massage technician or
massage establishment from complying with all other applicable requirements
and provisions of this article or code, including obtaining a valid business license
pursuant to Section 5.87.130. Massage establishments exempt from the
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ORDINANCE NO. 1215
permitting requirements of this Chapter pursuant to subsection A. shall file a
copy of the massage technician certifications issued by the CMTC for all
massage technicians who will be employed by the establishment with the
establishment's application for a business license. Massage establishments
shall file copies of CMTC certifications with the city as necessary to ensure the
city has a copy of the applicable CMTC certification for all massagists employed
or operating out of the establishment at any time.
5.87.140 Renewal of permit.
Upon application for a renewal permit, the applicant shall provide all of the
information set forth in Section 5.87.140, to the extent that such information is different
than the information contained on previous applications. Renewals shall include a
medical certificate as specified in 5.87.080Al2. (Ord. 870 § 2 (Exhibit A) (part), 1998)
5.87.150Investi ate
A. After an application for permit has been filed with the director, he or she
shall cause an investigation to be made by the city's business licenses division. The
director shall refer copies of the application to the following departments and agencies
within five days of receipt of the application: department of building and safety,
department of community services and planning, police department, Riverside County
health department, Riverside County fire marshal. These departments and agencies
shall, within thirty days, inspect the premises proposed to operated as a massage
establishment and shall make written verification to the director concerning compliance
with the Palm Desert Municipal Code and the Codes of Riverside County and state of
California that they administer. If such premises are not in compliance, the director shall
notify the applicant, in writing, of the deficiencies, and shall cause the reinspection of
such premises to be made upon written request for reinspection by the applicant;
provided, however, that such request for reinspection is made within thirty days after
notice of noncompliance has been given by the director. The application shall further be
referred to the city's police department for investigation of the applicant's character and
qualifications. (Ord. 870 § 2 (Exhibit A) (part), 1998)
5.87.160 Approval of permits.
The director shall grant an application for permit within thirty days after receipt of
all information necessary for such decision including results of the investigation as
specified in Section 5.87.150, if the following findings made:
A. Massage establishment location has been granted conditional use permit
approval per Section 5.87.040;
B. The conduct of the permittee, as proposed by the applicant, if permitted,
will comply with all applicable laws, including but not limited to the city's building, zoning
and health regulations, including the provisions of this chapter;
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C. The applicant has not knowingly made any false, misleading or fraudulent
statements of fact in the permit application, or any other document required by the city
in conjunction therewith; if the applicant is a non-publicly traded corporation, this
requirement applies to each of the officers, directors, and/or stockholders owning not
less than ten percent of the stock in the corporation. If the application is a partnership,
this requirement applies to each of the partners, including limited partners;
D. The applicant or any other person who will be directly engaged in the
management and operation of the place of massage establishment has not been
convicted of disqualifying conduct, as defined by Section 5.90.010:
1. Has not done any act involving dishonesty, fraud or deceit with the intent
to substantially benefit himself, herself, or another, or substantially injure another, or
2. Has not been convicted of any crime. A conviction shall mean a plea or
verdict of guilty or conviction following a plea of nolo contendere, unless the conviction
was so remote in time as to indicate that the applicant has been rehabilitated, or the
applicant has presented evidence to the chief of police which shows to the satisfaction
of the chief of police that the applicant has been rehabilitated,
3. The act or crime referred to in subsections C1 or C2 of this section must
be substantially related to the qualifications, functions or duties of a person engaged in
the business or practice of massage establishment;
E. The correct permit fee has been tendered to the city and, in the case of a
check or bank draft, honored with payment upon presentation;
F. The applicant has not had a massage establishment or massagist's permit
denied, revoked or suspended by the city, or any other state or local agency, within five
years prior to the date of the application;
G. The applicant, if an individual, or any of the officers, directors, and
stockholders who own not less than ten percent of the stock of said corporation, if the
applicant is a non-publicly traded corporation; or any of the partners, including limited
partners, if the applicant is a partnership; and the manager or other person principally in
charge of the operation of the business, is not under the age of eighteen years. If the
applicant is a non-publicly traded corporation, this requirement applies to each of the
officers, directors and/or stockholders owning not less than ten percent of the stock of
the corporation. If the applicant is a partnership, this requirement applies to each of the
partners, including limited partners. (Ord. 993 § 3 (part), 2002; Ord. 870 § 2 (Exhibit A)
(part), 1998)
5.87.170 Denial of application.
If the application is denied, the city manager shall promptly give the applicant
notice thereof and the findings for such denial. The applicant aggrieved by the action of
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ORDINANCE NO. 1215
the city manager may appeal by filing a written appeal, within ten days of the notice of
denial, with the city clerk. The city council shall set a time and place for a public hearing
of the appeal, or may refer the matter to a hearing officer. The city council may decide
the matter based on the recommendations and findings of the hearing officer, if it so
chooses. The decision of the city council shall be final. (Ord. 870 § 2 (Exhibit A) (part),
1998)
5.87.180 Suspension,revocation of permit.
A. The city manager shall suspend or revoke any permit issued under this
chapter if he finds and determines that:
1. The business as conducted by permittee, its agent(s) or employee(s), or
any person(s) connected or associated with the permittee as partner, director, officer,
general manager or any other person(s), who is exercising managerial authority of, or
on behalf of permittee acting under the authority of such permit, does not comply with all
applicable laws, including but not limited to the city's building, zoning and health
regulations; or
2. Permittee, its agent(s) or employee(s), or any person connected or
associated with the permittee as partner, director, officer or general manager or other
person(s), who is exercising managerial authority of, or on behalf of permittee, acting
under the authority of such permit, has:
a. Knowingly procured said permit by false statements, representations or
nondisclosure of a material fact when such fact would have constituted good cause for
denying the application for such permit or any document required by the city in
conjunction therewith, or
b. Ceased to meet any of the requirements for issuance of a permit, or
C. Failed to enforce the regulations set forth in this chapter or to cooperate
with the police department by promptly reporting any fight, brawl or other unlawful
activities occurring on the premises, or
d. Operated or allowed a person in charge of the premises to operate the
premises for which the permit has been issued in an illegal or disorderly manner, or
e. Noise from the establishment for which the permit was issued interferes
with the peace and quiet of the neighborhood, or
f. The applicant has been convicted of disqualifying conduct, as defined in
Section 5.90.010.
3. A CMTC-certified establishment can no longer demonstrate that it
operates according to Business and Professions Code Section 4600 et seq.
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B. Such denial may be made only if the act or crime referred to in subsection
A.2.f of this section must be substantially related to the qualifications, functions or
duties of a person engaged in the business or practice of massage establishment. (Ord.
993 § 3 (part), 2002; Ord. 870 § 2 (Exhibit A) (part), 1998)
C. Nothing in the procedures for suspension set forth in this section
shall prohibit the city manager or his designee from taking immediate action to
suspend any license or permit described in this Chapter if it is determined that:
1. The holder of such permit or any of his employees has violated or
permitted to be violated any of the general regulations set forth in this chapter,
2. The holder of such permit or any of his employees has violated, or
permitted on the premises to be violated any state laws or regulations of which
constitutes grounds for denial, suspension or revocation as set forth in this
chapter,
3. There is an urgency of immediate action to protect the public from
injury or harm, or
4. A license or permit has been issued based on material
misrepresentations in the application and for the material misrepresentations the
license or permit would not have been issued.
D. The suspension shall be effective immediately by the city manager or
his designees. Such suspension shall be accomplished by posting a notice
thereof on the premises. Such notice shall state the reasons for the suspension.
The city manager or his designees shall direct or cause the premises to be closed
and locked against use by the public in order to insure compliance with an order
of suspension. The aggrieved party may pursue a subsequent appeal or hearing
by following the procedures set forth in this chapter.
E. It is unlawful for any person to conduct the business of a massage
establishment or carry on the business of massage while the massage
establishment permit remains suspended pending a hearing.
5.87.190 Inspection required.
The city shall, from time to time, make inspection of each massage establishment
for the purposes of determining that the provisions of this chapter are fully complied
with. It is unlawful for any permittee to fail to allow such inspection officers to the
premises or hinder such officer in any manner. During an inspection, law
enforcement officers may also verify the identity of all employees. (Ord. 870 § 2
(Exhibit A) (part), 1998)
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5.87.200 Penalties.
Any person violating any of the provisions or failing to comply with any of the
requirements of this chapter shall be guilty of a misdemeanor and upon conviction
thereof, shall be punishable by a fine not to exceed five hundred dollars, or by
imprisonment in the county jail for a period of not more than six months, or by both such
fine and imprisonment. Each day a violation is committed or permitted to continue shall
constitute a separate offense. (Ord. 870 § 2 (Exhibit A) (part), 1998)
5.87.210 Other remedies.
The provisions of Section 5,87.200 are not to be construed as exclusive
remedies and, in the event of violation, the city may pursue any proceedings or
remedies otherwise provided by law. (Ord. 870 § 2 (Exhibit A) (part), 1998)
5.87.220 Conducting a business as a nuisance.
Any massage establishment operated, conducted or maintained contrary to the
provisions of this chapter is unlawful and a public nuisance, and the city attorney may,
in addition to or in lieu of prosecuting a criminal action, commence an action(s) or
proceeding(s), for the abatement, removal or enjoinment thereof, in the manner
provided by law; and shall take such other steps and shall apply to such court(s) as may
have jurisdiction to grant such relief as will abate or remove such businesses and
restrain and enjoin any person from operating, conducting or maintaining a massage
establishment contrary to the provisions of this chapter. (Ord. 870 § 2 (Exhibit A) (part),
1998)
5.87.230 Sale or transfer or change of location.
Upon sale, transfer or relocation of a massage establishment the permit therefor
shall be null and void unless approved as provided in Section 5.87.160; provided,
however, that upon the death or incapacity of the permittee, heir or devisee of a
deceased permittee, or any guardian of an heir or devisee of a deceased permittee,
may continue the massage establishment for a reasonable period of time not to exceed
sixty days to allow for an orderly transfer of the permit. (Ord. 870 § 2 (Exhibit A) (part),
1998)
5.87.240 Transfer of permit.
No permit shall be transferable except with the consent of the city manager. An
application for such transfer shall be in writing and shall be accompanied by fees
prescribed in Section 5.87.030. The written application for such transfer shall contain
the same information as requested in this chapter for initial application for the permit.
(Ord. 870 § 2 (Exhibit A) (part), 1998)
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EXHIBIT "B"
That Title 5, Chapter 5.90 Massagists Permits of the Business Taxes, Licenses and
Regulation is hereby amended as follows:
Section 1: That Section 5.90.010 be the same is herby added to the code of the city
of Palm Desert, California, to read as follows:
Section 5.90.010 B. California Massage Therapy Council (CMTC) means
a state-organized non-profit organization created to regulate the massage
industry as set forth in Chapter 10.5 of Division 2 of the Business and
Professions Code of this state (commencing with section 4600.)
Section 5.90.010 N. Massage therapist means an individual who, for any
consideration whatsoever, performs or offers to perform a massage. The
terms "massage therapist," "massage practitioner," or any other terms
used within the massage industry are included within this definition for the
purposes of this ordinance. This definition shall also include anyone
operating pursuant to a valid "massage therapist" or "massage
practitioner" certification issued by the California Massage Therapy
Council (CMTC)
Section 2: That Section 5.90.020 be and the same is hereby added to the code of the
city of Palm Desert, California, to read as follows:
Section 5.90.020 D. Each massagist shall be issued by the city an
identification card which will contain a photograph of the massagist, his or
her California Department of Motor Vehicles identification number and
information to identify that the person is holding a massagist permit from
the city. The massagist shall have such card in his or her possession at all
times when acting as a massagist and shall produce same for inspection
upon request by any representative of the City of Palm Desert or any law
enforcement officer. Each massagist shall immediately surrender to the
City of Palm Desert or any law enforcement officer any identification card
issued to him or her upon suspension, revocation or expiration of said
permit or upon leaving employment as a massagist.5.90.02."
Section 3: That Section 5.90.170 be and the same is hereby added to the code of the
city of Palm Desert, California, to read as follows:
Section 5.90.170 B. It is unlawful for any person to engage in, conduct or
carry on, or to permit to be engaged in, in or upon any premises in the city,
the application of massage or the operation of a massage establishment if
such person's permit or CMTC certification has been revoked.
23
ORDINANCE NO. 1215 EXHIBIT B
Chapter 5.90 MASSAGISTS PERMITS
5.90.010 Definitions.
A. Applicant means the individual seeking a permit pursuant to this Chapter.
B. California Massage Therapy Council (CMTC) means a state-
organized non-profit organization created to regulate the massage industry as set
forth in Chapter 10.5 of Division 2 of the Business and Professions Code of this
state (commencing with section 4600.)
C. Certified copy means a copy of a document that is certified by the issuer
as being a true and accurate copy of the original document or a similar document
bearing an original signature of the issuer.
D. Certified statement means a written assertion, claim or declaration bearing
the original signature of the issuer.
E. Coachella Valley Model Massage Ordinance means the provisions of the
ordinance codified in this chapter as adopted by this or any other jurisdiction within the
Coachella Valley.
F. Communicable disease means tuberculosis, or any disease, which may
be transmitted from a massage therapist to a patron through normal physical contact
during the performance of any massage service.
G. Complete application means an application, which provides all of the
requisite information required to be provided by an applicant pursuant to this chapter.
H. Disqualifying conduct means any of the following when occurring within
five years of any application made pursuant to this chapter:
1 . Pandering as set forth in California Penal Code Section 266i;
2. Keeping or residing in a house of ill-fame as set forth in California Penal
Code Section 315;
3. Keeping a house for the purpose of assignation or prostitution, or other
disorderly house as set forth in California Penal Code Section 316;
4. Prevailing upon a person to visit a place of illegal gambling or prostitution
as set forth in California Penal Code Section 318;
5. Lewd conduct as set forth in California Penal Code Section 647,
subdivision (a);
RMPUB\.ITREMBLAY\318092.1
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6. Prostitution activities as set forth in California Penal Code Section 647,
subdivision (b);
7. Any offense committed in any other state which, if committed or attempted
in this state, would have been punishable as one or more of the offenses set forth in
California Penal Code Sections 266(i), 315, 316, 318 or 647, subdivisions (a) or (b);
8. Any felony offense involving the sale of any controlled substance specified
in California Health and Safety Code Sections 11054, 11055, 11056, 11057 or 11058;
9. Any offense committed in any other state which, if committed or attempted
in this state, would have been punishable as a felony offense involving the sale of any
controlled substance specified in California Health and Safety Code Sections 11054,
11055, 11056, 11057 or 11058;
10. Any misdemeanor or felony offense which relates directly to the practice of
massage therapy, whether as a massage therapy business owner or operator, or as a
massage therapist; or
11. Any felony the commission of which occurred on the premises of a
massage therapy establishment.
I. Filing date of application means the date on which the permit administrator
determines that a complete application pursuant to this chapter has been submitted to
the permit administrator by the applicant.
J. Full nudity or semi-nudity means any of the following: (a) the appearance
or display of an anus, male or female genital, pubic region or a female breast below a
point immediately above the top of the areola, and/or (b) a state of undress which less
than completely and opaquely covers an anus, male or female genital, pubic region or a
female breast below a point immediately above the top of the areola.
K. Manager means the individual(s) who is (are) responsible for the
management and/or supervision of a massage therapy business.
L. Massage or massage therapy means any method of pressure on, or
friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or
stimulating the external parts of the human body with the hands or with the aid of any
mechanical or electrical apparatus or appliances, with or without supplementary aids
such as creams, ointments, or other similar preparations commonly used in the practice
of massage, under such circumstances that it is reasonably expected that the person to
whom the treatment is provided or some third person on his or her behalf will pay
money or give any other consideration or any gratuity therefore. Massage and massage
therapy includes such manipulation of the body or similar procedures described in this
paragraph that are performed in hydrotherapy, spa or similar bath facilities.
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M. Massage therapy establishment means any establishment having a fixed
place of business for the purpose of deriving income or compensation from massage
therapy services, whether or not massage is performed on the premises.
N. Massage therapist means an individual who, for any consideration
whatsoever, performs or offers to perform a massage. The terms "massage
therapist," "massage practitioner," or any other terms used within the massage
industry are included within this definition for the purposes of this ordinance.
This definition shall also include anyone operating pursuant to a valid "massage
therapist" or "massage practitioner" certification issued by the California
Massage Therapy Council (CMTC).
O. Operator means any of the following: (a) the owner, (b) the permit holder
and applicant(s) therefore, (c) custodian, (d) manager, or (e) person in charge of any
massage therapy establishment.
P. Off-premises massage means a massage performed at a location that is
not a massage therapy establishment for which a permit to operate as a massage
therapy establishment has been granted by the city.
Q. Patron means any person who receives a massage in exchange for any
form of consideration including, but not limited to, the payment of money.
R. Permit means the written license to engage in the practice of massage for
compensation as required by the Coachella Valley Model Massage Ordinance. A
reciprocal permit means a permit issued by this jurisdiction based solely on the fact the
applicant holds a valid massage therapist permit issued by another jurisdiction pursuant
to the Coachella Valley Model Massage Ordinance. An original permit means a
massage therapist permit issued by this jurisdiction without regard to whether or not
applicant holds a massage therapist permit issued by another jurisdiction.
S. Permit administrator means the designated official responsible for issuing,
revoking and otherwise administering any provision of this chapter.
T. Permittee means the person to whom a permit has been issued pursuant
to the Coachella Valley Model Massage Ordinance and the applicants therefore.
U. Person means any of the following: (a) an individual, (b) a proprietorship,
(c) a partnership, (d) a corporation, (e) an association, (f) a limited liability company or
(g) any other legal entity.
V. Physicians certificate means a certified statement from a physician
licensed to practice medicine in the United States that provides that the applicant has,
within sixty days prior to the filing date of the application, been examined by said
physician and it has been determined that the applicant is free of any communicable
disease as defined in this chapter.
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W. Recognized school of massage means any school or educational
institution licensed or approved by the state in which it is located, whose purpose it is to
upgrade the professionalism of massage therapists and which teaches the theory,
ethics, practice, profession or work of massage and which requires a resident course of
study before the student shall be furnished with a diploma or a certificate of graduation
from such school or institution of learning following the successful completion of such
course of study or learning. Schools offering a correspondence course not requiring
actual attendance shall not be deemed a recognized school.
X. Specified anatomical area means human genitals, pubic region, anus or a
female breast below a point immediately above the top of the areola.
Y. Specified sexual activities means any of the following: (a) the fondling or
other erotic touching of human genitals, pubic region, anus or female breasts, (b) sex
acts, normal or perverted, actual or simulated, including, but not limited to, intercourse,
oral copulation, masturbation or sodomy, or (c) excretory functions as part of or in
connection with the fondling or other erotic touching of human genitals, pubic region,
buttocks, anus or female breasts, sex acts, normal or perverted, actual or simulated,
including intercourse, oral copulation, masturbation or sodomy. (Ord. 993 § 4 (part),
2002)
5.90.020 Massage therapy permits required.
A. Massage Therapist Permit. Except as expressly provided in this chapter,
only a person holding a current massage therapist permit issued pursuant to this
chapter shall perform or offer to perform massage therapy at a massage therapy
establishment located within the city. Nothing herein shall exempt a person from zoning
or other applicable requirements set out elsewhere in this code or in the zoning
ordinance, and every person shall comply with all such requirements.
B. Off-premises Endorsement to Massage Therapist Permit. Except as
expressly provided in this chapter, no person shall perform or offer to perform an off-
premises massage unless he or she has a valid massage therapist permit, with an off-
premises endorsement, issued to him or her pursuant to the provisions of this chapter.
Nothing herein shall exempt a person from zoning or other applicable requirements set
out elsewhere in this code or in the zoning ordinance, and every person shall comply
with all such requirements.
C. Unless specifically exempted by state law, the fact that a person
possesses other types of permits and/or licenses does not exempt him or her from the
requirement of obtaining a permit that is required by this chapter. The permit
requirements of this chapter shall be in addition to the requirement of a business license
set out elsewhere in this code, as well as any other license, permit or fee required by
any local, county, state or federal law. (Ord. 993 § 4 (part), 2002)
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D. Each massagist shall be issued by the city an identification card which
will contain a photograph of the massagist, his or her California Department of
Motor Vehicles identification number and information to identify that the person
is holding a massagist permit from the city. The massagist shall have such card
in his or her possession at all times when acting as a massagist and shall
produce same for inspection upon request by any representative of the City of
Palm Desert or any law enforcement officer. Each massagist shall immediately
surrender to the City of Palm Desert or any law enforcement officer any
identification card issued to him or her upon suspension, revocation or expiration
of said permit or upon leaving employment as a massagist.
5.90,030 Consent.
By applying for a permit under this chapter (i.e., the Coachella Valley Model
Massage Ordinance), the applicant shall be deemed to have consented to the
provisions of this chapter and to the exercise thereunder by the permit administrator and
the city's officials, representatives and employees charged with implementing and/or
enforcing the provisions set forth in this chapter. (Ord. 993 § 4 (part), 2002)
5.90.040 Permit administrators responsibilities.
The city shall designate a permit administrator who shall be responsible for
granting or denying all permits described in this chapter and said permits shall only be
granted or denied pursuant to the provisions described herein and all other applicable
laws. If no designation is made pursuant to this provision, the city manager shall be
deemed the permit administrator.
Where used herein with respect to the permit administrators responsibilities,
words such as shall and must are not intended by the city to self-impose liability and are
instead intended only to be directory. (Ord. 993 § 4 (part), 2002)
5.90.050 Reciprocal massage therapist permit application.
A. If an applicant holds a current massage therapist permit issued by any
other jurisdiction pursuant to the Coachella Valley Model Massage Ordinance, then
application for a reciprocal massage therapist permit may be made by submission, to
the permit administrator, of all of the following:
1 . A certified copy of a current massage therapist permit issued, pursuant to
the Coachella Valley Model Massage Ordinance, by any other jurisdiction;
2. A certified copy of the original and all renewal applications related to the
massage therapist permit issued by the other jurisdiction pursuant to the Coachella
Valley Model Massage Ordinance; and
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3. A nonrefundable application fee of twenty-five dollars to defray the costs
of administering this chapter.
B. If the massage therapy permit submitted in support of an application for a
reciprocal permit includes an off-premises endorsement, the application shall be
deemed an application for both a massage therapist permit and an off-premises
endorsement and no further documentation, information or fees shall be required in
order to apply for an off-premises endorsement to the reciprocal permit. (Ord. 993 § 4
(part), 2002)
5.90.060 Original massage therapist permit application.
if an applicant does not hold a current massage therapist permit issued by
another jurisdiction that has adopted the Coachella Valley Model Massage Ordinance,
application for issuance of a massage therapist permit by this jurisdiction shall be made,
under oath, on the form set out on the form provided by the city. The following
information, documents and other requirements shall be included with the submission of
all such applications:
A. The applicants legal name, any aliases and date of birth;
B. A certified letter of intent to employ from the operator of a massage
therapy establishment lawfully operating within the city. Each such letter shall verify that
the operator of the massage therapy establishment has reviewed the applicants
qualifications and that the applicant has met the requirements necessary to perform
massage therapy at that facility;
C. The applicants home and business addresses, corresponding telephone
numbers, and permanent address and telephone number, if different;
D. Written evidence that the applicant is at least eighteen years of age;
E. The previous home addresses of applicant for the ten years prior to the
filing date of the application and the dates of residency at each such address;
F. The names, addresses and descriptions of all current and former
businesses owned, operated or managed by applicant for the ten years prior to the filing
date of the application and the dates applicant owned, operated or managed each such
business;
G. Employment history for the ten years prior to the date of application, and
all massage or similar business history and experience;
H. Two front-face portrait photographs taken within thirty days of the date of
application, at least two inches by two inches in size;
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I. Applicants weight, height, color of hair and eyes, and sex;
J. The applicants drivers license number or identification number;
K. The applicants fingerprints taken within the previous sixty days by an
agency approved by the permit administrator;
L. The applicants social security number and/or state or federally issued tax
identification number;
M. Proof, in the form specified here, that applicant is (i) a graduate of a
recognized school of massage or (ii) certified by the National Certification Board for
Therapeutic Massage and Bodywork. Proof of certification by the National Certification
Board for Therapeutic Massage and Bodywork shall be in the form of a certified copy of
the therapeutic massage and bodywork credential issued by said board. Proof of
graduation from a recognized school of massage shall require both of the following:
1 . Certified copy of the applicants diploma or certificate of graduation, or
equivalent documentation, establishing that applicant has successfully completed the
course of study for competency as a massage therapist offered by the recognized
school of massage; and
2. Certified transcript from a recognized school of massage verifying
applicant has successfully completed a course of study requiring at least three hundred
hours of massage therapy training. If the application is submitted concurrently with an
application for an off-premises endorsement, the minimum hours of training shall be as
set out below for an off-premises endorsement application;
N. A certified statement from a physician licensed to practice medicine in the
United States that provides that the applicant has, within sixty days prior to the filing
date of the application, been examined by said physician and it has been determined
that the applicant is free of any communicable disease as defined in this chapter;
O. A list of all of applicants convictions, excluding traffic violations;
P. Whether or not the applicant has ever been convicted of any disqualifying
conduct;
Q. Whether or not the applicant is required to register as a sex offender
pursuant to the California Penal Code Section 290;
R. Whether or not applicant has had a previous permit, license or other
authority for massage services denied, suspended or revoked by any entity. If so, the
date, location and reasons for the denial, suspension or revocation;
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S. Whether or not the applicant has been a sole proprietor, general partner,
officer, director, member or employee of any massage therapy business that has had a
permit, license or authority to operate a massage business denied, suspended or
revoked by any entity. If so, the applicant shall provide the name and location of the
massage therapy establishment or business for which the permit was denied,
suspended or revoked, the date of the denial, suspension or revocation, and the
reason(s) for the denial, suspension or revocation; and
T. The applicant shall provide the permit administrator with the authorization
to conduct the necessary background investigations to determine the truthfulness and
correctness of the information provided by applicant and whether the applicant is
qualified pursuant to this chapter to receive the requested massage therapist permit.
U. The applicant shall date and sign the application and declare under
penalty of perjury that the information contained in the application is true and correct.
V. The applicant shall pay a nonrefundable application deposit fee of one
hundred fifty dollars at the time of filing an application to defray the costs of
administering this chapter. (Ord. 993 § 4 (part), 2002)
5.90.070 Supplemental application for off-premises endorsement.
If an applicant does not hold a current permit with an off-premises endorsement
issued by another jurisdiction pursuant to the Coachella Valley Model Massage
Ordinance, application for an off-premises endorsement to a massage therapist permit
issued by this jurisdiction shall be made, under oath, on the form to be provided by the
city. The following information, documents and other requirements shall be included
with the submission of all such applications:
A. The applicants legal name;
B. A copy of applicants massage therapist permit issued pursuant to this
chapter, or reciprocal permit, if application therefore is not submitted concurrently;
C. Proof, in the form specified here, that applicant is (i) a graduate of a
recognized school of massage or (ii) certified by the National Certification Board for
Therapeutic Massage and Bodywork. Proof of certification by the National Certification
Board for Therapeutic Massage and Bodywork shall be in the form of a certified copy of
the therapeutic massage and bodywork credential issued by said Board. Proof of
graduation from a recognized school of massage shall require both of the following:
1 . Certified copy of the applicants diploma or certificate of graduation, or
equivalent documentation, establishing that applicant has successfully completed the
course of study for competency as a massage therapist offered by the recognized
school of massage; and
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2. Certified transcript from a recognized school of massage verifying
applicant has successfully completed a course of study requiring at least five hundred
hours of massage therapy training.
D. The applicant shall provide the permit administrator with the authorization
to conduct the necessary background investigations to determine the truthfulness and
correctness of the information provided by applicant and whether the applicant is
qualified pursuant to this chapter to receive the requested off-premises endorsement.
E. The applicant shall date and sign the application, declaring under penalty
of perjury that the information contained in the application is true and correct.
F. The applicant shall pay a nonrefundable application deposit fee of fifty
dollars at the time of filing an application for an off-premises endorsement to defray the
cost of administering this chapter, which fee shall be in addition to any other permit
application fees. (Ord. 993 § 4 (part), 2002)
5.90.080 Processing The Application.
A. All applications shall be submitted to the permit administrator.
B. Upon receipt of an application and payment of the nonrefundable
application deposit fee, the permit administrator shall immediately stamp the application
as received on that date. Within thirty days thereafter, the permit administrator shall
notify the applicant if the application is deemed incomplete. Any subsequent submission
shall be deemed a new application.
C. Upon receipt of a completed application, the permit administrator shall
cause an investigation to be made by the appropriate individuals or departments as
determined by the permit administrator to be necessary for review and investigation of
the accuracy of the information contained in the application and compliance with all
applicable regulations.
D. Each department or division to which the application is submitted by the
permit administrator shall respond in writing to the permit administrator.
E. The permit administrator shall grant or deny an application for an original
permit within sixty business days of receipt of a complete application. The permit
administrator shall grant or deny a reciprocal permit or a renewal application within thirty
calendar days of receipt of a complete application therefore. (Ord. 993 § 4 (part), 2002)
5.90.090 Grounds for denial of application.
A. An application for a massage therapy permit shall be denied if the permit
administrator finds that, in the case of an application for a reciprocal permit, the
massage therapy permit or off-premises endorsement that the applicant alleges to have
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been issued by another jurisdiction pursuant to the Coachella Valley Model Massage
Ordinance is not valid and/or current. In all other cases, the application shall be denied
if the permit administrator finds any of the following:
1 . The applicant is not eighteen years of age or older;
2. The application contains false information;
3. The applicant did not submit either (i) a diploma or certificate of graduation
or equivalent documentation from a recognized school of massage that verifies that he
or she has obtained the requisite number of hours of massage therapy training; or (ii)
therapeutic massage and bodywork credentials issued by the National Certification
Board for Therapeutic Massage and Bodywork;
4. The applicant has been convicted of disqualifying conduct;
5. The applicant is required by the California Penal Code to register as a sex
offender;
6. The applicant has had a massage therapist permit, or a permit or license
to operate a massage therapy establishment, denied, revoked or suspended by any
entity within five years prior to the date of the application; or
7. The application is incomplete or any required information or document has
not been provided with the application.
B. If the permit administrator denies the application, he or she shall notify the
applicant of the denial in writing and state the reason(s) for the denial.
C. Any subsequent information submitted to cure the grounds of a denied
application shall be treated as a new application. (Ord. 993 § 4 (part), 2002)
5.90.100 Issuance of permit.
A. The permit administrator shall issue the permit if there are no grounds to
deny the permit as set forth in this chapter.
B. Except as expressly provided in this chapter, no person shall perform or
offer to perform massage therapy at any location within the city unless said person has
first obtained a massage therapist permit issued pursuant to this chapter.
C. Except as to therapists with an off-premises endorsement, the operator of
a massage therapy establishment may only offer massage therapy services performed
by a massage therapist to whom a massage therapist permit has been issued by the
permit administrator.
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D. A massage therapist permittee shall not perform or offer to perform
massage therapy services at any site other than a lawfully operating massage therapy
establishment unless the permittees massage therapist permit includes an off-premises
endorsement. (Ord. 993 § 4 (part), 2002)
5.90.110 Temporary permits.
A. Upon a finding of good cause therefore, the permit administrator may
issue a temporary permit to any person who possess a valid permit issued by any other
governmental entity pursuant to requirements that are similar to those set out in this
chapter, including the training, physical clearance, fingerprinting and background
investigation requirements.
B. Application for a temporary permit shall be made by written request that
includes a statement, under penalty of perjury, of the justification for a temporary permit.
Said request shall be submitted to the permit administrator, together with the following:
1 . A certified copy of a valid permit issued by any other jurisdiction;
2. A certified copy of the provisions of the ordinance or other local law
pursuant to which the permit was issued by said other jurisdiction;
3. Proof of identification; and
4. A nonrefundable application deposit fee of twenty-five dollars.
C. All temporary permits shall automatically expire thirty days after the date
of issuance of the subject temporary permit. The permit administrator shall have the
discretion to extend the term of any temporary permit an additional thirty days provided
that the entire term of the subject temporary permit does not exceed a total period of
ninety days.
D. The permit administrator may condition the issuance of a temporary permit
on any additional requirements that he or she deems necessary to assure the purpose
and policy of this chapter is met. (Ord. 993 § 4 (part), 2002)
5.90.120 Keeping application and ordinance current.
A. During the effective duration of the permit, the permittee shall promptly
update, correct or supplement the information contained in the application therefore on
file with the permit administrator when necessary to keep the information contained
therein current and accurate.
B. Where reference is made herein to any statute or other law, said reference
shall include any subsequent amendment or superseding provision thereto.
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C. The fees and fines and other sums set forth in this chapter shall be in
effect until the city council or, if authority hereunder has been delegated to another
agency, the governing body thereof, shall, by resolution, fix some other rate based upon
a cost factor. (Ord. 993 § 4 (part), 2002)
5.90.130 Renewal of permit.
A. All permits shall expire one year from the date they are issued, except that
an off-premises endorsement shall expire concurrently with the corresponding massage
therapist permit.
B. Applications for renewal of a permit shall be made thirty calendar days
prior to the expiration date of the permit. As necessary to update the information
contained within the last application or renewal thereof, application for renewal shall be
in the same manner as the original application. However, to the extent that the
information previously submitted to the permit administrator remains current, a
statement to that effect shall be sufficient and no further information or documentation
shall be required except as follows:
1. Renewal of a Reciprocal Permit.
a. Where the applicant seeks to renew a reciprocal permit, application for
renewal shall include evidence that the underlying massage therapist permit has been
renewed by the issuing jurisdiction and that it remains valid and current.
b. For renewal of a Reciprocal Permit, permittee shall pay a nonrefundable
renewal application deposit fee of ten dollars to help defray the expense of
administering this chapter.
C. A reciprocal permit shall not be renewed if the underlying massage
therapist permit has expired and has not been renewed, or the underlying permit has
been revoked, or is otherwise no longer valid. If renewal of a reciprocal permit is denied
because the underlying permit is no longer valid, permittee shall submit a complete,
original application and comply with all submission requirements set out above for
application for an original massage therapist permit. All such applications shall include
an explanation of the reason that the reciprocal permit is no longer valid.
2. Renewal of Original Permits.
a. For renewal of an original massagists therapist permit, including a permit
issued by the city prior to the adoption of this chapter, permittee shall include a current
physicians certificate, as described above, with his or her renewal application.
b. For renewal of an original massage therapist permit, permittee shall also
pay a nonrefundable renewal application deposit fee of one hundred dollars at the time
of filing the renewal application to help defray the expense of administering this chapter.
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C. Applications that are not renewed prior to the expiration date of the permit
will be inactivated. Applicants may re-activate their permit within eighteen months of the
expiration date of the permit by providing the information as required in the above
subsection B. Should the eighteen-month time period expire, the applicant must
complete the entire application process including a background check. (Ord. 993 § 4
(part), 2002)
5.90.140 Therapists dress and identification.
A. During all times that he or she is performing or offering to perform
massage therapy services, every massage therapist shall wear a badge that identifies
his or her first or last name. Upon receipt of a request or complaint by a patron, the
massage therapist shall advise the patron of the full name of the massage therapy
establishment through which the massage therapy services were arranged, and the
identity of the permit administrator through whom the therapist was issued his or her
qualifying massage therapist permit.
B. All massage therapists shall have in their possession a valid permit issued
pursuant to the Coachella Valley Model Massage Ordinance as well as valid
identification at all times that he or she is performing or offering to perform massage
therapy services within the city.
C. All massage therapists shall wear non-transparent outer garments
covering all specified anatomical areas while performing or offering to perform any
massage therapy services. (Ord. 993 § 4 (part), 2002)
5.90.150 Other prohibited activities.
A. It is unlawful for any massage therapist, any patron or any other person
present where massage therapy services are being offered or performed, to expose or
touch any specified anatomical areas, whether his or her own, or those of another
person.
B. It is unlawful for any massage therapist, any patron, or any other person
present where massage therapy services are being offered or performed, to be in a
state of full nudity or semi-nudity.
C. It is unlawful for any massage therapist, any patron, or any other person
present where massage therapy services are being offered or performed, to engage in
any specified sexual activities.
D. No person shall provide or offer to provide any massage therapy services
to a minor unless written permission is provided by the minors parent or legal guardian.
E. No permittee shall provide or offer to provide massage therapy services
under any name not specified in the qualifying permit.
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F. No permittee shall provide or offer any alcoholic beverage to a patron
during the course of providing or offering to provide any massage therapy service.
G. No permittee shall transfer or assign any permit issued pursuant to this
Chapter to another person or entity. Any attempted transfer shall result in the automatic
termination of said permit. (Ord. 993 § 4 (part), 2002)
5.90.160 Permits issued pursuant to superceded ordinance.
Provided the massage therapist held a permit validly issued by the City prior to
the effective date of the ordinance codified in this chapter, and was in compliance with
all requirements of the city with respect thereto, said permit holders shall have until the
expiration date of said permit, or one year from the effective date of this chapter,
whichever date is earlier, to obtain a permit issued pursuant to the provisions of this
chapter. (Ord. 993 § 4 (part), 2002)
5.90.170 Suspension and revocation of permit.
A. A massage therapist permit and any off-premises endorsement issued
pursuant to the Coachella Valley Model Massage Ordinance, or any predecessor
ordinance, shall be revoked by the permit administrator whom has issued the permit if
he or she receives notice that, after administrative proceedings conducted in conformity
with the city's municipal code, the city has made any of the following findings or
determinations with respect to the permittee:
1. The massage therapy business or service is conducted in a manner that
does not comply with all applicable laws, including, but not limited to, this chapter and
the city's building, zoning and health regulations.
2. The holder of the permit is convicted of any disqualifying conduct or is
required to register as a sex offender as set forth in California Penal Code Section 290;
3. The permittee fails to notify the permit administrator of any update to the
information contained in the application that is required to keep the information current;
4. Information contained in the approved application is inaccurate;
5. Any patron of the permittee contracts any communicable disease during
the course of any services offered by the permittee;
6. The holder of the permit, or any applicant therefore, refuses to allow
representatives of the city or permit administrator to inspect business records of the
permittee, or any premises utilized by the permittee for massage therapy services;
7. The permittee fails to comply with any of the provisions of this chapter; or
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8. The holder of the permit has ceased to meet any of the requirements for
issuance of the permit. (Ord. 993 § 4 (part), 2002)
B. It is unlawful for any person to engage in, conduct or carry on, or to
permit to be engaged in, in or upon any premises in the city, the application of
massage or the operation of a massage establishment if such person's permit or
CMTC certification has been revoked.
5.90.180 Appeals.
A. Any person aggrieved by a decision of the permit administrator may file an
appeal to the city council that conforms to the following requirements:
1 . All appeals shall be in writing and shall contain the following information:
(a) name(s) of the person filing the appeal (appellants), (b) a brief statement in ordinary
and concise language of the grounds for the appeal; and (c) the signatures of all parties
named as appellants and their mailing addresses.
2. A filing fee for an appeal of one hundred dollars, or other amount as
established from time to time by city council resolution, must be paid to the city at or
prior to the time of the filing of the appeal.
3. Any appeal filed that fails to provide all of the information required by this
section and the appropriate filing fee shall be deemed incomplete.
4. A complete and proper appeal of the denial of a permit application shall be
filed with the city clerk within ten calendar days of service of the letter denying the
application or within ten calendar days of any other action that is the subject of appeal.
B. After receiving the written appeal, the city clerk shall schedule a public
hearing before the city council at the next regularly scheduled city council meeting for
which there is sufficient time to have the matter properly noticed.
C. The decision of the city council shall be final. (Ord. 993 § 4 (part), 2002)
5.90.190 Other remedies.
A. Any violation of the provisions of this chapter is unlawful and a public
nuisance, subject to abatement, removal or enjoinment thereof in the manner provided
by law.
B. Any violation of the provisions of this chapter shall constitute an infraction
violation and the violator shall be subject to the imposition of criminal penalties and civil
fines. For each separate violation of any provision of this chapter, the person convicted
of such infraction shall be subject to the following fines for each separate violation: (a) a
fine in an amount not to exceed two hundred fifty dollars for a first conviction of an
RMP UB\JTREMBLAY\318092.1
ORDINANCE NO. 1215
offense; (b) a fine in an amount not to exceed five hundred dollars for a second
conviction of the same offense within a twelve month period from the date of the first
offense; and (c) a fine in an amount not to exceed seven hundred fifty dollars for a third
conviction of the same offense within a twelve month period from the date of the first
offense. The fine for a fourth and subsequent convictions of the same offense within a
twelve month period of the date from the first offense shall be one thousand dollars.
C. In lieu of issuing an infraction citation, the city may issue an administrative
citation, and/or assess an administrative fine consistent with the infraction civil fines set
out above, pursuant to any other ordinance within its municipal code.
D. Nothing in this section shall preclude the city from issuing an infraction or
misdemeanor citation upon the occurrence of the same subject offense on a separate
day.
E. The remedies provided herein are not to be construed as exclusive
remedies and, in the event of violation, the city may pursue any proceedings or
remedies otherwise provided by law. (Ord. 993 § 4 (part), 2002)
5.90.200 Exemptions.
The provisions of this chapter shall not apply to any of the following:
A. Any physician, surgeon, chiropractor, osteopath or acupuncturist duly
licensed to practice their respective professions in the state of California, or any nurse
or physical therapist working under the supervision thereof, when engaging in any
massage therapy practice or activity within the scope of said license. Practical nurses or
other persons without qualifications as massage therapists or other persons not duly
licensed by the state of California to practice pursuant to the Medical Practice Act,
whether or not employed by a physician, surgeon, chiropractor, osteopath or
acupuncturist, may not perform or offer to perform
massage therapy without first obtaining a massage therapist permit pursuant to the
provisions of this chapter.
B. Any treatment administered in good faith in any course of the practice of
any healing art or profession by any person licensed to practice any such art or
profession under the Business and Professions Code of the state of California or any
other laws of the state of California.
C. Barbers, beauticians, manicurists and pedicurists who are duly licensed
under the laws of the state of California, except that this exemption shall apply solely to
the massaging of the scalp, face, neck, arms, hands or feet of the customer or client for
cosmetic or beautifying purposes. (Ord. 993 § 4 (part), 2002)
RMPUB�JTREMBLAY\318092.1
ORDINANCE NO. 1215
5.90.210 Transfer of permit.
No massage therapist permit or off-premises endorsement shall be transferable
and any attempted transfer shall render the permit null and void. (Ord. 993 § 4 (part),
2002)
RMP UB\,JTREMBLAY\318092.1
J
CITY OF PALM DESERT
OFFICE OF CITY ATTORNEY
STAFF REPORT
REQUEST: Extend for an additional one-year period of time the moratorium regarding
the issuance of Conditional Use Permits for independent massage
establishments under the City's Massage Ordinance PD-MC chapter 5.87
while options for long-term regulatory strategy are studied, planned and
presented to the City Council for implementation.
SUBMITTED BY: David J. Erwin, City Attorney
DATE: August 26, 2009
CONTENTS: Ordinance No. 1216
Legal Notice
Recommendation:
That the City Council, by ordinance, approve an extension for an additional one-year
period of time to the existing moratorium on the issuance of Conditional Use Permits
for any independent massage establishments while the Massage Ordinance of Palm
Desert Municipal Code 5.87 is studied and potentially amended.
Discussion:
This moratorium ordinance is the companion to a separate item on this agenda, which proposes
modifications to the City's existing Massage Ordinance.
During the moratorium period, the City staff has been studying the issue and has arrived at a
recommendation for consideration by the City Council. This recommendation cannot be
implemented prior to the expiration of the existing moratorium. The current Massage
Establishment Ordinance requires a Conditional Use Permit to assure that there is adequate
parking and land use compatibility for all massage establishments. Under separate cover staff
will be presenting revisions to the existing ordinance that will enhance the community
compatibility and policing, and to ensure that a balance of land and business types are
maintained throughout the City.
On August 27, 2009, the City Council approved a 45-day moratorium on the issuance of
Conditional Use Permits for all independent massage establishments. The Council thereafter, on
October 8,2009, extended such moratorium for ten and one-half months which moratorium will
expire on August 27, 2010. The staff has in process, after considerable study and research, the
existing ordinance, amendments and refinements that will be presented to the City Council under
RM BU S\DER W IN\317624.1
separate cover at this meeting. These changes reflect the needs of the community and the
modifications that staff is recommending with regard to the current Massage Establishment
Ordinance. However, since the changes cannot be adopted and enacted until 30 days after a
second reading,staff recommends approval of the Ordinance No.1216 to extend the
moratorium while such second reading and enactment transpire.
RM BUS\DER W IN\317624.1
Submitted b Depart ent Head:
Da d J. in Lauri Aylaian
City Attorney Director, Community Development
"J-1 1 n ohlmuth CITYCODNCMA
APPROVED DEN"
City anager RECEIVED THER l-d
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ME DA'TS
AYES:
NOES:
ABSENT:
ABSTAINS
VERIFIED BY: x
Original on Fib with City k's Offica
RM BUS\DER W IN\317624.1
ORDINANCE NO. 1216
AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM DESERT,
CALIFORNIA, MAKING FINDINGS AND EXTENDING THE
MORATORIUM ON THE ISSUANCE OF CONDITIONAL USE PERMITS
TO INDEPENDENT MASSAGE ESTABLISHMENTS FOR UP TO
ANOTHER 12 MONTHS.
WHEREAS, on June 16, 2009 the Planning Commission recommended that a
moratorium be placed on the issuance of Conditional Use Permits to independent massage
establishments until the City Council considers and enacts an alternative Ordinance; and
WHEREAS, on August 27, 2009, the City Council for the City of Palm Desert approved
the issuance of a 45-day moratorium on the issuance of Conditional Use Permits for all
independent massage establishments. s
WHEREAS, the City Council of the City of Palm Desert, California, did on the 8th day
of October 2009, hold a duly noticed public hearing and extended for up to 10-1/2 months the
45-day interim moratorium on the issuance of Conditional Use Permits to independent massage
establishments; and
WHEREAS, the City may receive applications for massage establishments, which
applications may be in conflict with proposed alternatives and preclude effective implementation
of important proposed goals and policies; and
WHEREAS, to enhance the community's economic viability throught providing a
balance of business types and to protect the public health, safety, and welfare, the City Council
desires to adopt an ordinance to impose an extension of up to 12 months on the issuance of
Conditional Use Permits for independent massage establishments; and
WHEREAS, based on the foregoing, the City Council finds that issuing Conditional Use
Permits to independent massage establishments prior to consideration and adoption of an
alternative ordinance would pose a current and immediate threat to the public health, safety, and
welfare, and that a temporary moratorium on the issuance of such permits is thus necessary.
NOW, THEREFORE, the City Council of the City of Palm Desert, California does
hereby ordain as follows:
SECTION 1. IMPOSITION OF THE MORATORIUM
A. In accordance with the authority granted to the City of Palm Desert under
Government Code Section 65858, the City Council does adopt an extension of up to 12 months
duration on the moratorium on issuance of Conditional Use Permits to independent massage
establishments.
RMPUB\DERW IN\317753.1
B. This Ordinance is an interim urgency ordinance adopted pursuant to Government
Code Section 65868 and is for the immediate preservation of the public health, safety, and
welfare. The facts constituting urgency are as set forth in Ordinance No. 1998 previously
adopted after public hearing on October 8, 2009.
C. The City Council finds that the adoption of an ordinance extending a moratorium
on the issuance of Conditional Use Permits to independent massage establishments is necessary
to prevent approval of additional permits that may be inconsistent with proposed changes to
Palm Desert Municipal Code Chapter 5.87 currently under consideration.
D. Notwithstanding any provision of the Municipal Code to the contrary, no issuance
of permit of any nature shall be approved for any request for a Conditional Use Permit to
independent massage establishments until a modification of Chapter 5.87 has been considered
and approved by the City Council and is in effect.
SECTION 2. SEVERABILITY
If any section, subsection, clause or phrase of this Ordinance or any part thereof is for any
reason held to be invalid, unconstitutional, or unenforceable by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portion of the
Ordinance. The City Council declares that it would have passed each section, subsection,
paragraph, sentence clause or phrase thereof, irrespective of the fact that any one or more
section, subsection, sentence, clause or phrase would be declared invalid, unconstitutional or
unenforceable.
SECTION 3. COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT
The City Council finds that this moratorium complies with the"City of Palm Desert
Procedure for Implementation of California Environmental Quality Act, Resolution No. 02-60",
in that the Director Community Development has determined, pursuant to Section 3.07, that the
moratorium is exempt because there is no possibility that the adoption of the moratorium will
have significant effect on the environment.
SECTION 4. EFFECTIVE DATE
This Ordinance shall become effective immediately upon adoption if adopted by at least
four-fifths (4/5) vote of the City Council and shall be in effect for up to 12 months from the date
of adoption unless extended by the City Council as provided for in the Government Code or the
earlier adoption of modifications to Chapter 5.87.
SECTION 5. PUBLICATION
The City Clerk of the City of Palm Desert, California, is hereby directed to publish this
Ordinance in The Desert Sun, a newspaper of general circulation, published and circulated in the
City of Palm Desert, California.
RMPUB\DERWIN\317753.1
PASSED, APPROVED AND ADOPTED this day of August, 2010, by the City of
Council of the City of Palm Desert, California by the following vote,to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
CINDY FINERTY,MAYOR
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
APPROVED AS TO FORM:
DAVID J. ERWIN, CITY ATTORNEY
RMPUB\DERW IN\317753.1
r
�r CIIy Of PHII(� HESEPi
73-510 F11F.11 WARING DkiviI
i PAI.S1 DLSF.R1,CALIFORNIA 92260-2578
TEL:76o 346—o61I
FAX:760 341-7098
CITY OF PALM DESERT
LEGAL NOTICE
CONSIDERATION BY THE CITY COUNCIL TO EXTEND FOR AN
ADDITIONAL ONE-YEAR PERIOD OF TIME THE MORATORIUM
REGARDING THE ISSUANCE OF CONDITIONAL USE PERMITS
FOR INDEPENDENT MASSAGE ESTABLISHMENTS, WHILE
OPTIONS FOR LONG-TERM REGULATORY STRATEGY ARE
STUDIED.
PROJECT DESCRIPTION:
The City Council will consider extending the moratorium on Independent Massage
Establishment so that the City can continue modifications to Palm Desert Municipal
Code Title 5 Business Taxes, Licenses and Regulations, Chapter 5.87, Massage
Establishments and Massagists.
PROJECT LOCATION:
City wide, City of Palm Desert
PUBLIC HEARING:
SAID public hearing will be held on Thursday,August 26,2010 at 4:00 p.m. in the Council
Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert,
California, at which time and place all interested persons are invited to attend and be
heard. Written comments concerning all items covered by this public hearing notice shall
be accepted up to the date of the hearing. Information concerning the proposed
moratorium is available for review in the Department of Community Development at the
above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If
you challenge the proposed actions in court, you may be limited to raising only those
issues you or someone else raised at the public hearing described in this notice, or in
written correspondence delivered to the City Council at, or prior to,the public hearing.
PUBLISH: Desert Sun Rachelle Klassen, City Clerk
August 14, 2010 City of Palm Desert, California
r �
ORDINANCE NO. 1216 pp
AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM DESERT,
CALIFORNIA, MAKING FINDINGS AND EXTENDING THE
MORATORIUM ON THE ISSUANCE OF CONDITIONAL USE PERMITS
TO INDEPENDENT MASSAGE ESTABLISHMENTS FOR UP TO
ANOTHER 12 MONTHS.
WHEREAS, on June 16, 2009 the Planning Commission recommended that a
moratorium be placed on the issuance of Conditional Use Permits to independent massage
establishments until the City Council considers and enacts an alternative Ordinance; and
WHEREAS, on August 27, 2009, the City Council for the City of Palm Desert approved
the issuance of a 45-day moratorium on the issuance of Conditional Use Permits for all
independent massage establishments.
WHEREAS, the City Council of the City of Palm Desert, California, did on the 8th day
of October 2009, hold a duly noticed public hearing and extended for up to 10-1/2 months the
45-day interim moratorium on the issuance of Conditional Use Permits to independent massage
establishments; and
WHEREAS, the City may receive applications for massage establishments, which
applications may be in conflict with proposed alternatives and preclude effective implementation
of important proposed goals and policies; and
WHEREAS, to enhance the community's economic viability throught providing a
balance of business types and to protect the public health, safety, and welfare, the City Council
desires to adopt an ordinance to impose an extension of up to 12 months on the issuance of
Conditional Use Permits for independent massage establishments; and
WHEREAS, based on the foregoing, the City Council finds that issuing Conditional Use
Permits to independent massage establishments prior to consideration and adoption of an
alternative ordinance would pose a current and immediate threat to the public health, safety, and
welfare, and that a temporary moratorium on the issuance of such permits is thus necessary.
NOW, THEREFORE, the City Council of the City of Palm Desert, California does
hereby ordain as follows:
SECTION 1. IMPOSITION OF THE MORATORIUM
A. In accordance with the authority granted to the City of Palm Desert under
Government Code Section 65858, the City Council does adopt an extension of up to 12 months
duration on the moratorium on issuance of Conditional Use Permits to independent massage
establishments.
B. This Ordinance is an interim urgency ordinance adopted pursuant to Government
s Code Section 65868 and is for the immediate preservation of the public health, safety, and
welfare. The facts constituting urgency are as set forth in Ordinance No. 1998 previously
ORDINANCE:NO. 1216
adopted after public hearing on October 8, 2009.
C. The City Council finds that the adoption of an ordinance extending a moratorium
on the issuance of Conditional Use Permits to independent massage establishments is necessary
to prevent approval of additional permits that may be inconsistent with proposed changes to
Palm Desert Municipal Code Chapter 5.87 currently under consideration.
D. Notwithstanding any provision of the Municipal Code to the contrary, no issuance
of permit of any nature shall be approved for any request for a Conditional Use Permit to
independent massage establishments until a modification of Chapter 5.87 has been considered
and approved by the City Council and is in effect.
SECTION 2. SEVERABILITY
If any section, subsection, clause or phrase of this Ordinance or any part thereof is for any
reason held to be invalid, unconstitutional, or unenforceable by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portion of the
Ordinance. The City Council declares that it would have passed each section, subsection,
paragraph, sentence clause or phrase thereof, irrespective of the fact that any one or more
section, subsection, sentence, clause or phrase would be declared invalid, unconstitutional or
unenforceable.
SECTION 3. COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT
The City Council finds that this moratorium complies with the "City of Palm Desert
Procedure for Implementation of California Environmental Quality Act, Resolution No. 02-60",
in that the Director Community Development has determined, pursuant to Section 3.07, that the
moratorium is exempt because there is no possibility that the adoption of the moratorium will
have significant effect on the environment.
SECTION 4. EFFECTIVE DATE
This Ordinance shall become effective immediately upon adoption if adopted by at least
four-fifths (4/5) vote of the City Council and shall be in effect for up to 12 months from the date
of adoption unless extended by the City Council as provided for in the Government Code or the
earlier adoption of modifications to Chapter 5.87.
SECTION 5. PUBLICATION
The City Clerk of the City of Palm Desert, California, is hereby directed to publish this
Ordinance in The Desert Sun, a newspaper of general circulation, published and circulated in the
City of Palm Desert, California.
RMPUBTERWIN017753.1
ORDINANCE N0. I21 b
PASSED, APPROVED AND ADOPTED this 26th day of August , 2010, by the City of
Council of the City of Palm Desert, California by the following vote, to wit:
AYES: BENSON, FERGUSON, and FINERTY
NOES: NONE
ABSENT: SPIEGEL
ABSTAIN: NONE
CINDY FIN Y, MAYOR
ATTEST:
RACH LE D. KLASS N, CITY CLE
CITY OF PALM DESERT, CALIFORNIA
s APPROV D AS TO FORM:
l
DAVID J. Ir IN, CITY ATTORNEY
r .
i
RMPUMDERWIN017753.1
FL
ORDINANCE NO. L215 EXHIBIT B l w
Chapter 5.90 MASSAGISTS PERMITS ;
5.90.010 Definitions.
A. Applicant means the individual seeking a permit pursuant to this Chapter.
B. California Massage Therapy Council (CMTC) means a state-
organized non-profit organization created to regulate the massage industry as set
forth in Chapter 10.5 of Division 2 of the Business and Professions Code of this
state (commencing with section 4600.)
C. Certified copy means a copy of a document that is certified by the issuer
as being a true and accurate copy of the original document or a similar document
bearing an original signature of the issuer.
D. Certified statement means a written assertion, claim or declaration bearing
the original signature of the issuer.
E. Coachella Valley Model Massage Ordinance means the provisions of the
ordinance codified in this chapter as adopted by this or any other jurisdiction within the
Coachella Valley.
F. Communicable disease means tuberculosis, or any disease, which may
be transmitted from a massage therapist to a patron through normal physical contact
during the performance of any massage service.
G. Complete application means an application, which provides all of the
requisite information required to be provided by an applicant pursuant to this chapter.
H. Disqualifying conduct means any of the following when occurring within
five years of any application made pursuant to this chapter:
1. Pandering as set forth in California Penal Code Section 266i;
2. Keeping or residing in a house of ill-fame as set forth in California Penal
Code Section 315;
3. Keeping a house for the purpose of assignation or prostitution, or other
disorderly house as set forth in California Penal Code Section 316;
4. Prevailing upon a person to visit a place of illegal gambling or prostitution
as set forth in California Penal Code Section 318;
5. Lewd conduct as set forth in California Penal Code Section 647,
subdivision (a);
RMPUB\JTREMBLAY\318092.1
ORDTNANCE NO. 1215
6. Prostitution activities as set forth in California Penal Code Section 647,
subdivision (b);
7. Any offense committed in any other state which, if committed or attempted
in this state, would have been punishable as one or more of the offenses set forth in
California Penal Code Sections 266(i), 315, 316, 318 or 647, subdivisions (a) or (b);
8. Any felony offense involving the sale of any controlled substance specified
in California Health and Safety Code Sections 11054, 11055, 11056, 11057 or 11058;
9. Any offense committed in any other state which, if committed or attempted
in this state, would have been punishable as a felony offense involving the sale of any
controlled substance specified in California Health and Safety Code Sections 11054,
11055, 11056, 11057 or 11058;
10. Any misdemeanor or felony offense which relates directly to the practice of
massage therapy, whether as a massage therapy business owner or operator, or as a
massage therapist; or
11. Any felony the commission of which occurred on the premises of a
massage therapy establishment.
I. Filing date of application means the date on which the permit administrator
determines that a complete application pursuant to this chapter has been submitted to
the permit administrator by the applicant.
J. Full nudity or semi-nudity means any of the following: (a) the appearance
or display of an anus, male or female genital, pubic region or a female breast below a
point immediately above the top of the areola, and/or (b) a state of undress which less
than completely and opaquely covers an anus, male or female genital, pubic region or a
female breast below a point immediately above the top of the areola.
K. Manager means the individual(s) who is (are) responsible for the
management and/or supervision of a massage therapy business.
L. Massage or massage therapy means any method of pressure on, or
friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or
stimulating the external parts of the human body with the hands or with the aid of any
mechanical or electrical apparatus or appliances, with or without supplementary aids
such as creams, ointments, or other similar preparations commonly used in the practice
of massage, under such circumstances that it is reasonably expected that the person to
whom the treatment is provided or some third person on his or her behalf will pay
money or give any other consideration or any gratuity therefore. Massage and massage
therapy includes such manipulation of the body or similar procedures described in this
paragraph that are performed in hydrotherapy, spa or similar bath facilities.
RMPUB\JTREMBLAY\318092.1
ORDINANCE NO. 1215
M. Massage therapy establishment means any establishment having a fixed
place of business for the purpose of deriving income or compensation from massage
therapy services, whether or not massage is performed on the premises.
N. Massage therapist means an individual who, for any consideration
whatsoever, performs or offers to perform a massage. The terms "massage
therapist," "massage practitioner," or any other terms used within the massage
industry are included within this definition for the purposes of this ordinance.
This definition shall also include anyone operating pursuant to a valid "massage
therapist" or "massage practitioner" certification issued by the California
Massage Therapy Council (CMTC).
O. Operator means any of the following: (a) the owner, (b) the permit holder
and applicant(s) therefore, (c) custodian, (d) manager, or (e) person in charge of any
massage therapy establishment.
P. Off-premises massage means a massage performed at a location that is
not a massage therapy establishment for which a permit to operate as a massage
therapy establishment has been granted by the city.
Q. Patron means any person who receives a massage in exchange for any
form of consideration including, but not limited to, the payment of money.
R. Permit means the written license to engage in the practice of massage for
compensation as required by the Coachella Valley. Model Massage Ordinance. A
reciprocal permit means a permit issued by this jurisdiction based solely on the fact the
applicant holds a valid massage therapist permit issued by another jurisdiction pursuant
to the Coachella Valley Model Massage Ordinance. An original permit means a
massage therapist permit issued by this jurisdiction without regard to whether or not
applicant holds a massage therapist permit issued by another jurisdiction.
S. Permit administrator means the designated official responsible for issuing,
revoking and otherwise administering any provision of this chapter.
T. Permittee means the person to whom a permit has been issued pursuant
to the Coachella Valley Model Massage Ordinance and the applicants therefore.
U. Person means any of the following: (a) an individual, (b) a proprietorship,
(c) a partnership, (d) a corporation, (e) an association, (f) a limited liability company or
(g) any other legal entity.
V. Physicians certificate means a certified statement from a physician
licensed to practice medicine in the United States that provides that the applicant has,
within sixty days prior to the filing date of the application, been examined by said
physician and it has been determined that the applicant is free of any communicable
disease as defined in this chapter.
RMPUB\JTREMBLAY\318092.1
ORDINANCE NO. 1215 ~
W. Recognized school of massage means any school or educational
institution licensed or approved by the state in which it is located, whose purpose it is to
upgrade the professionalism of massage therapists and which teaches the theory,
ethics, practice, profession or work of massage and which requires a resident course of
study before the student shall be furnished with a diploma or a certificate of graduation
from such school or institution of learning following the successful completion of such
course of study or learning. Schools offering a correspondence course not requiring
actual attendance shall not be deemed a recognized school.
X. Specified anatomical area means human genitals, pubic region, anus or a
female breast below a point immediately above the top of the areola.
Y. Specified sexual activities means any of the following: (a) the fondling or
other erotic touching of human genitals, pubic region, anus or female breasts, (b) sex
acts, normal or perverted, actual or simulated, including, but not limited to, intercourse,
oral copulation, masturbation or sodomy, or (c) excretory functions as part of or in
connection with the fondling or other erotic touching of human genitals, pubic region,
buttocks, anus or female breasts, sex acts, normal or perverted, actual or simulated,
including intercourse, oral copulation, masturbation or sodomy. (Ord. 993 § 4 (part),
2002)
5.90.020 Massage therapy permits required.
A. Massage Therapist Permit. Except as expressly provided in this chapter,
only a person holding a current massage therapist permit issued pursuant to this
chapter shall perform or offer to perform massage therapy at a massage therapy
establishment located within the city. Nothing herein shall exempt a person from zoning
or other applicable requirements set out elsewhere in this code or in the zoning
ordinance, and every person shall comply with all such requirements.
B. Off-premises Endorsement to Massage Therapist Permit. Except as
expressly provided in this chapter, no person shall perform or offer to perform an off-
premises massage unless he or she has a valid massage therapist permit, with an off-
premises endorsement, issued to him or her pursuant to the provisions of this chapter.
Nothing herein shall exempt a person from zoning or other applicable requirements set
out elsewhere in this code or in the zoning ordinance, and every person shall comply
with all such requirements.
C. Unless specifically exempted by state law, the fact that a person
possesses other types of permits and/or licenses does not exempt him or her from the
requirement of obtaining a permit that is required by this chapter. The permit
requirements of this chapter shall be in addition to the requirement of a business license
set out elsewhere in this code, as well as any other license, permit or fee required by
any local, county, state or federal law. (Ord. 993 § 4 (part), 2002)
RMPUB\JTREMBLAY\318092.1
ORDINANCE NO. L215
D. Each massagist shall be issued by the city an identification card which
will contain a photograph of the massagist, his or her California Department of
Motor Vehicles identification number and information to identify that the person
is holding a massagist permit from the city. The massagist shall have such card
in his or her possession at all times when acting as a massagist and shall
produce same for inspection upon request by any representative of the City of
Palm Desert or any law enforcement officer. Each massagist shall immediately
surrender to the City of Palm Desert or any law enforcement officer any
identification card issued to him or her upon suspension, revocation or expiration
of said permit or upon leaving employment as a massagist.
5.90.030 Consent.
By applying for a permit under this chapter (i.e., the Coachella Valley Model
Massage Ordinance), the applicant shall be deemed to have consented to the
provisions of this chapter and to the exercise thereunder by the permit administrator and
the city's officials, representatives and employees charged with implementing and/or
enforcing the provisions set forth in this chapter. (Ord. 993 § 4 (part), 2002)
5.90.040 Permit administrators responsibilities.
The city shall designate a permit administrator who shall be responsible for
granting or denying all permits described in this chapter and said permits shall only be
granted or denied pursuant to the provisions described herein and all other applicable
laws. If no designation is made pursuant to this provision, the city manager shall be
deemed the permit administrator.
Where used herein with respect to the permit administrators responsibilities,
words such as shall and must are not intended by the city to self-impose liability and are
instead intended only to be directory. (Ord. 993 § 4 (part), 2002)
5.90.050 Reciprocal massage therapist permit application.
A. If an applicant holds a current massage therapist permit issued by any
other jurisdiction pursuant to the Coachella Valley Model Massage Ordinance, then
application for a reciprocal massage therapist permit may be made by submission, to
the permit administrator, of all of the following:
1 . A certified copy of a current massage therapist permit issued, pursuant to
the Coachella Valley Model Massage Ordinance, by any other jurisdiction;
2. A certified copy of the original and all renewal applications related to the
massage therapist permit issued by the other jurisdiction pursuant to the Coachella
Valley Model Massage Ordinance; and
RMPUB\JTREMBLAY\318092.1
ORDINANCE NO. 1215
3. A nonrefundable application fee of twenty-five dollars to defray the costs
of administering this chapter.
B. If the massage therapy permit submitted in support of an application for a
reciprocal permit includes an off-premises endorsement, the application shall be
deemed an application for both a massage therapist permit and an off-premises
endorsement and no further documentation, information or fees shall be required in
order to apply for an off-premises endorsement to the reciprocal permit. (Ord. 993 § 4
(part), 2002)
5.90.060 Original massage therapist permit application.
If an applicant does not hold a current massage therapist permit issued by
another jurisdiction that has adopted the Coachella Valley Model Massage Ordinance,
application for issuance of a massage therapist permit by this jurisdiction shall be made,
under oath, on the form set out on the form provided by the city. The following
information, documents and other requirements shall be included with the submission of
all such applications:
A. The applicants legal name, any aliases and date of birth;
B. A certified letter of intent to employ from the operator of a massage
therapy establishment lawfully operating within the city. Each such letter shall verify that
the operator of the massage therapy establishment has reviewed the applicants
qualifications and that the applicant has met the requirements necessary to perform
massage therapy at that facility;
C. The applicants home and business addresses, corresponding telephone
numbers, and permanent address and telephone number, if different;
D. Written evidence that the applicant is at least eighteen years of age;
E. The previous home addresses of applicant for the ten years prior to the
filing date of the application and the dates of residency at each such address;
F. The names, addresses and descriptions of all current and former
businesses owned, operated or managed by applicant for the ten years prior to the filing
date of the application and the dates applicant owned, operated or managed each such
business;
G. Employment history for the ten years prior to the date of application, and
all massage or similar business history and experience;
H. Two front-face portrait photographs taken within thirty days of the date of
application, at least two inches by two inches in size;
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ORDINANCE NO. 1215
I. Applicants weight, height, color of hair and eyes, and sex;
J. The applicants drivers license number or identification number;
K. The applicants fingerprints taken within the previous sixty days by an
agency approved by the permit administrator;
L. The applicants social security number and/or state or federally issued tax
identification number;
M. Proof, in the form specified here, that applicant is (i) a graduate of a
recognized school of massage or (ii) certified by the National Certification Board for
Therapeutic Massage and Bodywork. Proof of certification by the National Certification
Board for Therapeutic Massage and Bodywork shall be in the form of a certified copy of
the therapeutic massage and bodywork credential issued by said board. Proof of
graduation from a recognized school of massage shall require both of the following:
1. Certified copy of the applicants diploma or certificate of graduation, or
equivalent documentation, establishing that applicant has successfully completed the
course of study for competency as a massage therapist offered by the recognized
school of massage; and
2. Certified transcript from a recognized school of massage verifying
applicant has successfully completed a course of study requiring at least three hundred
hours of massage therapy training. If the application is submitted concurrently with an
application for an off-premises endorsement, the minimum hours of training shall be as
set out below for an off-premises endorsement application;
N. A certified statement from a physician licensed to practice medicine in the
United States that provides that the applicant has, within sixty days prior to the filing
date of the application, been examined by said physician and it has been determined
that the applicant is free of any communicable disease as defined in this chapter;
O. A list of all of applicants convictions, excluding traffic violations;
P. Whether or not the applicant has ever been convicted of any disqualifying
conduct;
Q. Whether or not the applicant is required to register as a sex offender
pursuant to the California Penal Code Section 290;
R. Whether or not applicant has had a previous permit, license or other
authority for massage services denied, suspended or revoked by any entity. If so, the
date, location and reasons for the denial, suspension or revocation;
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ORDINANCE NO. 1215
S. Whether or not the applicant has been a sole proprietor, general partner,
officer, director, member or employee of any massage therapy business that has had a
permit, license or authority to operate a massage business denied, suspended or
revoked by any entity. If so, the applicant shall provide the name and location of the
massage therapy establishment or business for which the permit was denied,
suspended or revoked, the date of the denial, suspension or revocation, and the
reason(s) for the denial, suspension or revocation; and
T. The applicant shall provide the permit administrator with the authorization
to conduct the necessary background investigations to determine the truthfulness and
correctness of the information provided by applicant and whether the applicant is
qualified pursuant to this chapter to receive the requested massage therapist permit.
U. The applicant shall date and sign the application and declare under
penalty of perjury that the information contained in the application is true and correct.
V. The applicant shall pay a nonrefundable application deposit fee of one
hundred fifty dollars at the time of filing an application to defray the costs of
administering this chapter. (Ord. 993 § 4 (part), 2002)
5.90.070 Supplemental application for off-premises endorsement.
If an applicant does not hold a current permit with an off-premises endorsement
issued by another jurisdiction pursuant to the Coachella Valley Model Massage
Ordinance, application for an off-premises endorsement to a massage therapist permit
issued by this jurisdiction shall be made, under oath, on the form to be provided by the
city. The following information, documents and other requirements shall be included
with the submission of all such applications:
A. The applicants legal name;
B. A copy of applicants massage therapist permit issued pursuant to this
chapter, or reciprocal permit, if application therefore is not submitted concurrently;
C. Proof, in the form specified here, that applicant is (i) a graduate of a
recognized school of massage or (ii) certified by the National Certification Board for
Therapeutic Massage and Bodywork. Proof of certification by the National Certification
Board for Therapeutic Massage and Bodywork shall be in the form of a certified copy of
the therapeutic massage and bodywork credential issued by said Board. Proof of
graduation from a recognized school of massage shall require both of the following:
1. Certified copy of the applicants diploma or certificate of graduation, or
equivalent documentation, establishing that applicant has successfully completed the
course of study for competency as a massage therapist offered by the recognized
school of massage; and
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ORDINANCE NO. 1215
2. Certified transcript from a recognized school of massage verifying
applicant has successfully completed a course of study requiring at least five hundred
hours of massage therapy training.
D. The applicant shall provide the permit administrator with the authorization
to conduct the necessary background investigations to determine the truthfulness and
correctness of the information provided by applicant and whether the applicant is
qualified pursuant to this chapter to receive the requested off-premises endorsement.
E. The applicant shall date and sign the application, declaring under penalty
of perjury that the information contained in the application is true and correct.
F. The applicant shall pay a nonrefundable application deposit fee of fifty
dollars at the time of filing an application for an off-premises endorsement to defray the
cost of administering this chapter, which fee shall be in addition to any other permit
application fees. (Ord. 993 § 4 (part), 2002)
5.90.080 Processing The Application.
A. All applications shall be submitted to the permit administrator.
B. Upon receipt of an application and payment of the nonrefundable
application deposit fee, the permit administrator shall immediately stamp the application
as received on that date. Within thirty days thereafter, the permit administrator shall
notify the applicant if the application is deemed incomplete. Any subsequent submission
shall be deemed a new application.
C. Upon receipt of a completed application, the permit administrator shall
cause an investigation to be made by the appropriate individuals or departments as
determined by the permit administrator to be necessary for review and investigation of
the accuracy of the information contained in the application and compliance with all
applicable regulations.
D. Each department or division to which the application is submitted by the
permit administrator shall respond in writing to the permit administrator.
E. The permit administrator shall grant or deny an application for an original
permit within sixty business days of receipt of a complete application. The permit
administrator shall grant or deny a reciprocal permit or a renewal application within thirty
calendar days of receipt of a complete application therefore. (Ord. 993 § 4 (part), 2002)
5.90.090 Grounds for denial of application.
A. An application for a massage therapy permit shall be denied if the permit
administrator finds that, in the case of an application for a reciprocal permit, the
massage therapy permit or off-premises endorsement that the applicant alleges to have
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ORDINANCE NO. I M
been issued by another jurisdiction pursuant to the Coachella Valley Model Massage
Ordinance is not valid and/or current. In all other cases, the application shall be denied
if the permit administrator finds any of the following:
1. The applicant is not eighteen years of age or older;
2. The application contains false information;
3. The applicant did not submit either (i) a diploma or certificate of graduation
or equivalent documentation from a recognized school of massage that verifies that he
or she has obtained the requisite number of hours of massage therapy training; or (ii)
therapeutic massage and bodywork credentials issued by the National Certification
Board for Therapeutic Massage and Bodywork;
4. The applicant has been convicted of disqualifying conduct;
5. The applicant is required by the California Penal Code to register as a sex
offender;
6. The applicant has had a massage therapist permit, or a permit or license
to operate a massage therapy establishment, denied, revoked or suspended by any
entity within five years prior to the date of the application; or
7. The application is incomplete or any required information or document has
not been provided with the application.
B. If the permit administrator denies the application, he or she shall notify the
applicant of the denial in writing and state the reason(s) for the denial.
C. Any subsequent information submitted to cure the grounds of a denied
application shall be treated as a new application. (Ord. 993 § 4 (part), 2002)
5.90.100 Issuance of permit.
A. The permit administrator shall issue the permit if there are no grounds to
deny the permit as set forth in this chapter.
B. Except as expressly provided in this chapter, no person shall perform or
offer to perform massage therapy at any location within the city unless said person has
first obtained a massage therapist permit issued pursuant to this chapter.
C. Except as to therapists with an off-premises endorsement, the operator of
a massage therapy establishment may only offer massage therapy services performed
by a massage therapist to whom a massage therapist permit has been issued by the
permit administrator.
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P ORDINANCE NO. 1215
D. A massage therapist permittee shall not perform or offer to perform
massage therapy services at any site other than a lawfully operating massage therapy
establishment unless the permittees massage therapist permit includes an off-premises
endorsement. (Ord. 993 § 4 (part), 2002)
5.90.110 Temporary permits.
A. Upon a finding of good cause therefore, the permit administrator may
issue a temporary permit to any person who possess a valid permit issued by any other
governmental entity pursuant to requirements that are similar to those set out in this
chapter, including the training, physical clearance, fingerprinting and background
investigation requirements.
B. Application for a temporary permit shall be made by written request that
includes a statement, under penalty of perjury, of the justification for a temporary permit.
Said request shall be submitted to the permit administrator, together with the following:
1. A certified copy of a valid permit issued by any other jurisdiction;
2. A certified copy of the provisions of the ordinance or other local law
pursuant to which the permit was issued by said other jurisdiction;
3. Proof of identification; and
4. A nonrefundable application deposit fee of twenty-five dollars.
C. All temporary permits shall automatically expire thirty days after the date
of issuance of the subject temporary permit. The permit administrator shall have the
discretion to extend the term of any temporary permit an additional thirty days provided
that the entire term of the subject temporary permit does not exceed a total period of
ninety days.
D. The permit administrator may condition the issuance of a temporary permit
on any additional requirements that he or she deems necessary to assure the purpose
and policy of this chapter is met. (Ord. 993 § 4 (part), 2002)
5.90.120 Keeping application and ordinance current.
A. During the effective duration of the permit, the permittee shall promptly
update, correct or supplement the information contained in the application therefore on
file with the permit administrator when necessary to keep the information contained
therein current and accurate.
B. Where reference is made herein to any statute or other law, said reference
shall include any subsequent amendment or superseding provision thereto.
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l
ORDINANCE NO. 1215
C. The fees and fines and other sums set forth in this chapter shall be in
effect until the city council or, if authority hereunder has been delegated to another
agency, the governing body thereof, shall, by resolution, fix some other rate based upon
a cost factor. (Ord. 993 § 4 (part), 2002)
5.90.130 Renewal of permit.
A. All permits shall expire one year from the date they are issued, except that
an off-premises endorsement shall expire concurrently with the corresponding massage
therapist permit.
B. Applications for renewal of a permit shall be made thirty calendar days
prior to the expiration date of the permit. As necessary to update the information
contained within the last application or renewal thereof, application for renewal shall be
in the same manner as the original application. However, to the extent that the
information previously submitted to the permit administrator remains current, a
statement to that effect shall be sufficient and no further information or documentation
shall be required except as follows:
1. Renewal of a Reciprocal Permit.
a. Where the applicant seeks to renew a reciprocal permit, application for
renewal shall include evidence that the underlying massage therapist permit has been
renewed by the issuing jurisdiction and that it remains valid and current.
b. For renewal of a Reciprocal Permit, permittee shall pay a nonrefundable
renewal application deposit fee of ten dollars to help defray the expense of
administering this chapter.
C. A reciprocal permit shall not be renewed if the underlying massage
therapist permit has expired and has not been renewed, or the underlying permit has
been revoked, or is otherwise no longer valid. If renewal of a reciprocal permit is denied
because the underlying permit is no longer valid, permittee shall submit a complete,
original application and comply with all submission requirements set out above for
application for an original massage therapist permit. All such applications shall include
an explanation of the reason that the reciprocal permit is no longer valid.
2. Renewal of Original Permits.
a. For renewal of an original massagists therapist permit, including a permit
issued by the city prior to the adoption of this chapter, permittee shall include a current
physicians certificate, as described above, with his or her renewal application.
b. For renewal of an original massage therapist permit, permittee shall also
pay a nonrefundable renewal application deposit fee of one hundred dollars at the time
of filing the renewal application to help defray the expense of administering this chapter.
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ORDINANCE NO. 1215
C. Applications that are not renewed prior to the expiration date of the permit
will be inactivated. Applicants may re-activate their permit within eighteen months of the
expiration date of the permit by providing the information as required in the above
subsection B. Should the eighteen-month time period expire, the applicant must
complete the entire application process including a background check. (Ord. 993 § 4
(part), 2002)
5.90.140 Therapists dress and identification.
A. During all times that he or she is performing or offering to perform
massage therapy services, every massage therapist shall wear a badge that identifies
his or her first or last name. Upon receipt of a request or complaint by a patron, the
massage therapist shall advise the patron of the full name of the massage therapy
establishment through which the massage therapy services were arranged, and the
identity of the permit administrator through whom the therapist was issued his or her
qualifying massage therapist permit.
B. All massage therapists shall have in their possession a valid permit issued
pursuant to the Coachella Valley Model Massage Ordinance as well as valid
identification at all times that he or she is performing or offering to perform massage
therapy services within the city.
C. All massage therapists shall wear non-transparent outer garments
covering all specified anatomical areas while performing or offering to perform any
massage therapy services. (Ord. 993 § 4 (part), 2002)
5.90.150 Other prohibited activities.
A. It is unlawful for any massage therapist, any patron or any other person
present where massage therapy services are being offered or performed, to expose or
touch any specified anatomical areas, whether his or her own, or those of another
person.
B. It is unlawful for any massage therapist, any patron, or any other person
present where massage therapy services are being offered or performed, to be in a
state of full nudity or semi-nudity.
C. It is unlawful for any massage therapist, any patron, or any other person
present where massage therapy services are being offered or performed, to engage in
any specified sexual activities.
D. No person shall provide or offer to provide any massage therapy services
to a minor unless written permission is provided by the minors parent or legal guardian.
E. No permittee shall provide or offer to provide massage therapy services
under any name not specified in the qualifying permit.
RMPUB\JTREMBLAY\318092.1
ORDINANCE NO. 1215
F. No permittee shall provide or offer any alcoholic beverage to a patron
during the course of providing or offering to provide any massage therapy service.
G. No permittee shall transfer or assign any permit issued pursuant to this
Chapter to another person or entity. Any attempted transfer shall result in the automatic
termination of said permit. (Ord. 993 § 4 (part), 2002)
5.90.160 Permits issued pursuant to superceded ordinance.
Provided the massage therapist held a permit validly issued by the City prior to
the effective date of the ordinance codified in this chapter, and was in compliance with
all requirements of the city with respect thereto, said permit holders shall have until the
expiration date of said permit, or one year from the effective date of this chapter,
whichever date is earlier, to obtain a permit issued pursuant to the provisions of this
chapter. (Ord. 993 § 4 (part), 2002)
5.90.170 Suspension and revocation of permit.
A. A massage therapist permit and any off-premises endorsement issued
pursuant to the Coachella Valley Model Massage Ordinance, or any predecessor
ordinance, shall be revoked by the permit administrator whom has issued the permit if
he or she receives notice that, after administrative proceedings conducted in conformity
with the city's municipal code, the city has made any of the following findings or
determinations with respect to the permittee:
1. The massage therapy business or service is conducted in a manner that
does not comply with all applicable laws, including, but not limited to, this chapter and
the city's building, zoning and health regulations.
2. The holder of the permit is convicted of any disqualifying conduct or is
required to register as a sex offender as set forth in California Penal Code Section 290;
3. The permittee fails to notify the permit administrator of any update to the
information contained in the application that is required to keep the information current;
4. Information contained in the approved application is inaccurate;
5. Any patron of the permittee contracts any communicable disease during
the course of any services offered by the permittee;
6. The holder of the permit, or any applicant therefore, refuses to allow
representatives of the city or permit administrator to inspect business records of the
permittee, or any premises utilized by the permittee for massage therapy services;
7. The permittee fails to comply with any of the provisions of this chapter; or
RMPUB\JTREMBLAY\318092.1
ORDINANCE NO. 1215
8. The holder of the permit has ceased to meet any of the requirements for
issuance of the permit. (Ord. 993 § 4 (part), 2002)
B. It is unlawful for any person to engage in, conduct or carry on, or to
permit to be engaged in, in or upon any premises in the city, the application of
massage or the operation of a massage establishment if such person's permit or
CMTC certification has been revoked.
5.90.180 Appeals.
A. Any person aggrieved by a decision of the permit administrator may file an
appeal to the city council that conforms to the following requirements:
1. All appeals shall be in writing and shall contain the following information:
(a) name(s) of the person filing the appeal (appellants), (b) a brief statement in ordinary
and concise language of the grounds for the appeal; and (c) the signatures of all parties
named as appellants and their mailing addresses.
2. A filing fee for an appeal of one hundred dollars, or other amount as
established from time to time by city council resolution, must be paid to the city at or
prior to the time of the filing of the appeal.
3. Any appeal filed that fails to provide all of the information required by this
section and the appropriate filing fee shall be deemed incomplete.
4. A complete and proper appeal of the denial of a permit application shall be
filed with the city clerk within ten calendar days of service of the letter denying the
application or within ten calendar days of any other action that is the subject of appeal.
B. After receiving the written appeal, the city clerk shall schedule a public
hearing before the city council at the next regularly scheduled city council meeting for
which there is sufficient time to have the matter properly noticed.
C. The decision of the city council shall be final. (Ord. 993 § 4 (part), 2002)
5.90.190 Other remedies.
A. Any violation of the provisions of this chapter is unlawful and a public
nuisance, subject to abatement, removal or enjoinment thereof in the manner provided
by law.
B. Any violation of the provisions of this chapter shall constitute an infraction
violation and the violator shall be subject to the imposition of criminal penalties and civil
fines. For each separate violation of any provision of this chapter, the person convicted
of such infraction shall be subject to the following fines for each separate violation: (a) a
fine in an amount not to exceed two hundred fifty dollars for a first conviction of an
RMPUB\JTREMBLAY\318092.1
t
ORDINANCE NO. 1215
offense; (b) a fine in an amount not to exceed five hundred dollars for a second
conviction of the same offense within a twelve month period from the date of the first
offense; and (c) a fine in an amount not to exceed seven hundred fifty dollars for a third
conviction of the same offense within a twelve month period from the date of the first
offense. The fine for a fourth and subsequent convictions of the same offense within a
twelve month period of the date from the first offense shall be one thousand dollars.
C. In lieu of issuing an infraction citation, the city may issue an administrative
citation, and/or assess an administrative fine consistent with the infraction civil fines set
out above, pursuant to any other ordinance within its municipal code.
D. Nothing in this section shall preclude the city from issuing an infraction or
misdemeanor citation upon the occurrence of the same subject offense on a separate
day.
E. The remedies provided herein are not to be construed as exclusive
remedies and, in the event of violation, the city may pursue any proceedings or
remedies otherwise provided by law. (Ord. 993 § 4 (part), 2002)
5.90.200 Exemptions.
The provisions of this chapter shall not apply to any of the following:
A. Any physician, surgeon, chiropractor, osteopath or acupuncturist duly
licensed to practice their respective professions in the state of California, or any nurse
or physical therapist working under the supervision thereof, when engaging in any
massage therapy practice or activity within the scope of said license. Practical nurses or
other persons without qualifications as massage therapists or other persons not duly
licensed by the state of California to practice pursuant to the Medical Practice Act,
whether or not employed by a physician, surgeon, chiropractor, osteopath or
acupuncturist, may not perform or offer to perform
massage therapy without first obtaining a massage therapist permit pursuant to the
provisions of this chapter.
B. Any treatment administered in good faith in any course of the practice of
any healing art or profession by any person licensed to practice any such art or
profession under the Business and Professions Code of the state of California or any
other laws of the state of California.
C. Barbers, beauticians, manicurists and pedicurists who are duly licensed
under the laws of the state of California, except that this exemption shall apply solely to
the massaging of the scalp, face, neck, arms, hands or feet of the customer or client for
cosmetic or beautifying purposes. (Ord. 993 § 4 (part), 2002)
RMPUB\JTREMBLAY\318092.1
ORDINANCE NO. 1215
5.90.210 Transfer of permit.
No massage therapist permit or off-premises endorsement shall be transferable
and any attempted transfer shall render the permit null and void. (Ord. 993 § 4 (part),
2002)
RMPUB\JTREMBLAY\318092.1
CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
REQUEST: Extend for an additional 10-1/2 months the existing 45-day moratorium on
issuance of Conditional Use Permits for independent massage establishments
under the City's Massage Ordinance(P.D.M.0 Chapter 5.87),while options for
long-term regulatory strategy are studied.
SUBMITTED BY: Kevin Swartz, Assistant Planner
DATE: October 8, 2009
CONTENTS: Ordinance No. 1198
Legal Notice
Recommendation:
That the City Council, by minute motion, approve an extension for an additional 10-1/2
months to the existing 45-day interim moratorium on issuance of Conditional Use Permits for
any independent massage establishments while the City's Massage Ordinance(Palm Desert
Municipal Code Chapter 5.87) is studied and potentially amended.
Discussion:
The Massage Establishment Ordinance requires a Conditional Use Permit to assure that there is
adequate parking and land use compatibility for all massage establishments.Staff is reviewing the
current ordinance and researching ways in which it could be revised to enhance community
compatibility and policing, and to assure that a balanced blend of business types is maintained
throughout the city.
On August 27, 2009 the City Council approved a 45-day moratorium on issuance of CUPs for all
independent massage establishments. During the 45-day period, staff has been reviewing the
possible impacts of limiting massage establishments, as well as, restrictions, and/or prohibitions.
Staff is still in the process of researching this information and is requesting additional time extending
the moratorium for an additional 10-1/2 months.
Submitted by: Department Head:
etd, /—
Kevin Swartz auri Aylaian
Assistant Planner Director, Community Development
;,A v CITY COUNCTLA .TION
t 9��ZAPPROVED DENTED
ECEIVED OTHER
, n M. Wohlmuth
)*y
Manager MEETI G DATE / - —U
AYES: '
NOES:
ABSENT:
ABSTAIN:
VERIFIED BY: / )
Original on File with Ci . Jerk's Office
ORDINANCE NO. 1198
AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM
DESERT, CALIFORNIA, MAKING FINDINGS AND IMPOSING AN
EXTENSION TO THE 45 DAY INTERIM MORATORIUM FOR UP TO
ANOTHER 10-112 MONTHS ON THE ISSUANCE OF CONDITIONAL
USE PERMITS TO INDEPENDENT MASSAGE ESTABLISHMENTS.
WHEREAS, the City Council of the City of Palm Desert, California, did on the 8" day
of October 2009, hold a duly noticed public hearing to consider extending for up to 10-112
months the 45-day interim moratorium on the issuance of Conditional Use Permits to
independent massage establishments; and
WHEREAS, on June 16, 2009 the Planning Commission recommended approval
that a moratorium be placed on the issuance of Conditional Use Permits to independent
massage establishments until the City Council considers and enacts an alternative
ordinance; and
WHEREAS, the City is receiving applications for massage establishments, which
applications may be in conflict with proposed alternatives and preclude effective
implementation of important proposed goals and policies; and
WHEREAS, to enhance the community's appearance and to protect the public
health, safety, and welfare, the City Council desires to adopt an ordinance to impose an
extension of the 45 day interim moratorium for up to another 10-1/2 months on the issuance
of independent massage establishments; and
WHEREAS, based on the foregoing, the City Council finds that issuing Conditional
Use Permits to independent massage establishments prior to consideration and adoption of
an alternative ordinance would pose a current and immediate threat to the public health,
safety, and welfare, and that a temporary moratorium on the issuance of such permits is
thus necessary.
NOW, THEREFORE, the City Council of the City of Palm Desert, California does
hereby ordain as follows:
SECTION 1. IMPOSITION OF THE MORATORIUM
A. In accordance with the authority granted to the City of Palm Desert under
Government Code Section 65858, the City Council does adopt a temporary moratorium on
issuance of Conditional Use Permits to independent massage establishments.
B. This ordinance is an interim urgency ordinance adopted pursuant to
Government Code Section 65858, and is for the immediate preservation of the public
health, safety, and welfare. The facts constituting urgency are:
1. the City has recently received a large number of Conditional Use Permits for
independent massage establishments which must be reviewed by the Planning Commission
prior to their issuance; and
ORDINANCE NO. 1198
2. the City staff wants to revise the ordinance for adoption by the City Council to
ensure that independent massage establishments do not create public safety hazards or
diminish property values; and
3. absent the adoption of this interim urgency ordinance, Conditional Use
Permits allowing independent massage establishments in an unsafe manner that decreases
property value may be issued.
4. the City staff is requesting the extension for an additional 10-1/2 months to
study the issues identified with land use, enforcement, balance of business types, and
community compatibility.
C. The City Council finds that the adoption of an ordinance imposing a
moratorium on of the issuance of Conditional Use Permits to independent massage
establishments is necessary to prevent approval of additional permits that may be
inconsistent with proposed changes to Palm Desert Municipal Code Chapter 5.87 currently
under consideration.
D. Notwithstanding any provision of the Municipal Code to the contrary, no
issuance of permit of any nature shall be approved for any request for a Conditional Use
Permit to independent massage establishments within 10-1/2 months of this ordinance
while Chapter 5.87 Massage Establishments is under review for potential amendment.
SECTION 2. SEVERABILITY
If any section, subsection, clause or phrase of this Ordinance or any part thereof is
for any reason held to be invalid, unconstitutional, or unenforceable by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portion of the Ordinance. The City Council declares that it would have passed each section,
subsection, paragraph, sentence clause or phrase thereof, irrespective of the fact that any
one or more section, subsection, sentence, clause or phrase would be declared invalid,
unconstitutional or unenforceable.
SECTION 3. COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
The City Council finds that this moratorium complies with the "City of Palm Desert
Procedure for Implementation of California Environmental Quality Act, Resolution No. 02-
60", in that the Director Community Development has determined, pursuant to Section 3.07,
that the moratorium is exempt because there is no possibility that the adoption of the
moratorium will have significant effect on the environment.
SECTION 4. EFFECTIVE DATE
This Ordinance shall become effective immediately upon adoption if adopted by at least
four-fifths (4/5) vote of the City Council and shall be in effect for ten and one half (10-112)
months from the date of adoption unless extended by the City Council as provided for in the
Government Code.
ORDINANCE NO. 1198
SECTION 5. PUBLICATION
The City Clerk of the City of Palm Desert, California, is hereby directed to publish
this ordinance in the Desert Sun, a newspaper of general circulation, published and
circulated in the City of Palm Desert, California.
PASSED, APPROVED and ADOPTED this day of , 2009, by the City
Council of the City of Palm Desert, California by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ROBERT A. SPIEGEL, Mayor
City of Palm Desert, California
ATTEST:
RACHELLE D. KLASSEN, City Clerk
City of Palm Desert, California
APPROVED AS TO FORM:
DAVID J. ERWIN, City Attorney
CITY OF PALM DESERT
LEGAL NOTICE
CONSIDERATION BY THE CITY COUNCIL EXTENDING THE
MORATORIUM ON ISSUANCE OF CONDITIONAL USE PERMITS TO
INDEPENDENT MASSAGE ESTABLISHMENTS, WHILE OPTIONS
FOR LONG TERM REGULATORY STRATEGY ARE STUDIED.
PROJECT DESCRIPTION:
The City Council will consider extending the moratorium on Independent Massage
Establishment so that the City can continue modifications to Palm Desert Municipal
Code Title 5 Business Taxes, Licenses and Regulations, Chapter 5.87, Massage
Establishments and Massagists.
PROJECT LOCATION:
City wide, City of Palm Desert
PUBLIC HEARING:
SAID public hearing will be held on Thursday, October 8,2009 at 4:00 p.m. in the Council
Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert,
California, at which time and place all interested persons are invited to attend and be
heard. Written comments concerning all items covered by this public hearing notice shall
be accepted up to the date of the hearing. Information concerning the proposed
moratorium is available for review in the Department of Community Development at the
above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If
you challenge the proposed actions in court, you may be limited to raising only those
issues you or someone else raised at the public hearing described in this notice, or in
written correspondence delivered to the City Council at, or prior to, the public hearing.
PUBLISH: Desert Sun Rachelle Klassen,City Clerk
September 26,2009 City of Palm Desert,California
a/Ya6n
Council Agenda Request
Meeting of August 27, 2009
1. To be considered under:
i
Consent Calendar ❑ Resolutions ❑ rdinan New Business
Old Business ❑ Informational Items ❑ Public Hearings Other ❑
2. Item Title: (Please provide the wording that should appear as the item's title on the agenda).
Consideration of the recommendation by the Planning Commission to immediately
impose a 45—day interim moratorium on issuance of Conditional Use Permits to
independent massage establishments under the City's Massage Ordinance (P.D.M.0
Chapter 5.87), while options for long term regulatory strategy are studied.
3. Financial: (N/A)
(a) Account/Project# (b) Amount Requested 3
(c) In the Current Budget? (d) Appropriation Required?
4. Submitted by: Kevin Swartz Assistant Planner
t
5. Approvals: Department Head:
" Lauri ian
City Manager:
John M. Wohlmuth
CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
REQUEST: Consideration of the recommendation by the Planning Commission to
immediately impose a 45-day interim moratorium on issuance of
Conditional Use Permits to independent massage establishments
under the City's Massage Ordinance (P.D.M.0 Chapter 5.87), while
options for long-term regulatory strategy are studied.
SUBMITTED BY: Kevin Swartz
Assistant Planner
DATE: August 27, 2009
CONTENTS: Ordinance No.
Legal Notice
Planning Commission Resolution No. 2507
Planning Commission Staff Report dated June 16, 2009
Planning Commission Minutes dated June 16, 2009
Palm Desert Police Report Memo dated June 10, 2009
Recommendation:
That the City Council, by minute motion, approve a 45-day interim
moratorium on issuance of Conditional Use Permits for any independent
massage establishments while the City's Massage Ordinance (Palm Desert
Municipal Code Chapter 5.87) is studied and potentially amended.
Executive Summary:
As the municipal code is now written, all massage establishments must be granted a CUP
by the Planning Commission. On June 16, 2009, the Planning Commission unanimously
adopted Resolution No. 2507, recommending that a moratorium be placed on all
independent massage establishments while staff researches and amends Palm Desert
Municipal Code Chapter 5.87. ("Independent" or "stand alone" massage establishments
are ones that provide only massage services, and are not part of another business or use,
such as in a day spa or with medical treatments or physical therapy.) Approval of the
Planning Commission's recommendation to the City Council would immediately impose a
moratorium on issuance of CUPs for all independent massage establishments in the city of
Palm Desert for a period of 45 days. During the 45-day period, the impact of limitations,
restrictions, and/or prohibitions will be studied. Staff will bring back the findings during a
public hearing within the 45-day period. If additional time is necessary to study and revise
Massage Moratorium
August 27, 2009
Page 2 of 3
the existing code, staff will request that a public hearing be conducted to consider
extending the moratorium for up to another 10-1/2 months.
Background:
At the Planning Commission meeting on May 19, 2009, the Commission requested that
staff prepare a report for recommendation to the City Council that a moratorium be placed
on CUPs for all independent massage establishments for a period of one year, while the
City studies massage establishments. The Commissioners requested the moratorium in
light of Police Department activity at massage establishments because of concern for the
perceived disproportionate number of massage establishments in the city, and for reported
illegal conduct and incidences of operating without an approved license. The moratorium, if
approved, would take effect immediately and prohibit CUPs for new stand alone massage
businesses.
Staff prepared a report and resolution for the June 16, 2009, Planning Commission
meeting. The Commissioners had a brief discussion and then approved Resolution No.
2507, recommending to the City Council approval of a 45-day moratorium on issuance of
CUPs for independent massage establishments, while the impact of limitations, restrictions,
and/or prohibitions are studied.
Analysis:
The Massage Establishment Ordinance requires a Conditional Use Permit to assure that
there is adequate parking and land use compatibility for all massage establishments. The
Planning Commission is recommending that a moratorium be placed on issuance of
Conditional Use Permits to independent massage establishments for a period of one year.
During the moratorium, the City will study the current ordinance and ways in which it could be
revised to enhance community compatibility and policing, and to assure that a balanced
blend of business types is maintained throughout the city.
Reasons for requesting the moratorium include:
That Palm Desert has a high number of such establishments, which may be
disproportionate to the city and visitor population.
That Palm Desert desires to have a broad mix of retail businesses and services so as to
avoid financial hardship in the event of a significant downturn in any one sector.
That more study is needed before making any long term decisions regarding limitation or
prohibition of independent massage establishments.
Massage Moratorium
August 27, 2009
Page 3 of 3
That independent massage establishments have been determined to require greater
policing and code enforcement resources.
Over the years, massage establishments have failed to comply with conditions imposed by
their Conditional Use Permits.
The City has found massage establishments' staff conducting business, even though the
license to operate was inactive.
Massage establishment licenses have been denied because applicants have been
operating who have been convicted of "disqualifying conduct".
Massage establishments have been raided for illegal conduct.
There have been investigations of massage establishments for organized crime activity
and human smuggling offenses.
Government Code Section 65858 authorizes the City Council, without following procedures
otherwise required for the adoption of a zoning ordinance and in order to protect the public
safety, health and welfare, to adopt by a 4/5 vote an interim moratorium ordinance that is
valid for 45 days from the date of its adoption. Then, after notice and public hearing, the
City Council may extend the interim moratorium ordinance, also requiring a 4/5 vote, for an
additional 10 months and 15 days. The Council can then again extend the ordinance for
one year after notice and public hearing. No more than two extensions may be
adopted. Staff anticipates that the proposed changes to Chapter 5.87 will be addressed,
reviewed, and presented to the Planning Commission within the first interim 45-day
moratorium period.
Staff agrees with the concerns of the Planning Commission and requests consideration of
their recommendation to immediately put into effect a moratorium on issuance of CUPs for
all independent massage establishments.
Submitted by: Department Head:
Kevin Swartz Lauri Aylaian
Assistant Planner Director, Community Development
Approval:
John M. Wohlmuth
City Manager
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA,
IMPOSING A 45-DAY INTERIM MORATORIUM ON THE ISSUANCE
OF CONDITIONAL USE PERMITS TO INDEPENDENT MASSAGE
ESTABLISHMENTS.
WHEREAS, the City Council of the City of Palm Desert, California, did on the 27'h
day of August, 2009, hold a duly noticed public hearing to consider imposing a 45-day
interim moratorium on the issuance of Conditional Use Permits to independent massage
establishments; and
WHEREAS, on June 16, 2009 the Planning Commission recommended approval
that a moratorium be placed on the issuance of Conditional Use Permits to independent
massage establishments until the City Council considers and enacts an alternative
ordinance; and
WHEREAS, the City is receiving applications for massage establishments, which
applications may be in conflict with proposed alternatives and preclude effective
implementation of important proposed goals and policies; and
WHEREAS, to enhance the community's appearance and to protect the public
health, safety, and welfare, the City Council desires to adopt an ordinance to impose a 45-
day interim moratorium on the issuance of independent massage establishments; and
WHEREAS, at said public hearing, upon hearing and considering all testimony,
documentary evidence, and arguments, if any, of all interested persons desiring to be
heard, said City Council did find the following facts and reasons to exist to justify its action
as described below.
NOW, THEREFORE, the City Council of the City of Palm Desert, California does
hereby ordain as follows:
SECTION 1. IMPOSITION OF THE MORATORIUM
A. The City Council finds that the adoption of an ordinance imposing a
moratorium on of the issuance of Conditional Use Permits to independent massage
establishments is necessary to prevent approval of additional permits that may be
inconsistent with proposed changes to Palm Desert Municipal Code Chapter 5.87 currently
under consideration.
B. Notwithstanding any provision of the Municipal Code to the contrary, no
issuance of permit of any nature shall be approved for any request for a Conditional Use
Permit to independent massage establishments within 45 days of this ordinance while
Chapter 5.87 Massage Establishments is under review for potential amendment.
SECTION 2. SEVERABILITY
If any section, subsection, clause or phrase of this Ordinance or any part thereof is
for any reason held to be invalid, unconstitutional, or unenforceable by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
ORDINANCE NO.
portion of the Ordinance. The City Council declares that it would have passed each section,
subsection, paragraph, sentence clause or phrase thereof, irrespective of the fact that any
one or more section, subsection, sentence, clause or phrase would be declared invalid,
unconstitutional or unenforceable.
SECTION 3. COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
The City Council finds that this moratorium complies with the "City of Palm Desert
Procedure for Implementation of California Environmental Quality Act, Resolution No. 02-
60", in that the Director Community Development has determined, pursuant to Section 3.07,
that the moratorium is exempt because there is no possibility that the adoption of the
moratorium will have significant effect on the environment.
SECTION 4. EFFECTIVE DATE
This Ordinance shall become effective immediately upon adoption if adopted by at least
four-fifths (4/5) vote of the City Council and shall be in effect for forty-five (45) days from the
date of adoption unless extended by the City Council as provided for in the Government
Code.
SECTION 5. PUBLICATION
The City Clerk of the City of Palm Desert, California, is hereby directed to publish
this ordinance in the Desert Sun, a newspaper of general circulation, published and
circulated in the City of Palm Desert, California.
PASSED, APPROVED and ADOPTED this day of , 2009, by the City
Council of the City of Palm Desert, California by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ROBERT A. SPIEGEL, Mayor
City of Palm Desert, California
ATTEST:
RACHELLE D. KLASSEN, City Clerk
City of Palm Desert, California
APPROVED AS TO FORM:
DAVID J. ERWIN, City Attorney
CITY OF PALM DESERT
LEGAL NOTICE
CONSIDERATION BY THE CITY COUNCIL RECOMMENDING THAT
A MORATORIUM BE PLACED ON ISSUANCE OF CONDITIONAL
USE PERMITS TO INDEPENDENT MASSAGE ESTABLISHMENTS,
WHILE OPTIONS FOR LONG TERM REGULATORY STRATEGY
ARE STUDIED.
PROJECT DESCRIPTION:
The City Council will consider recommending that a moratorium be placed on
Independent Massage Establishment so that City can begin modifications to Palm
Desert Municipal Code Title 5 Business Taxes, Licenses and Regulations, Chapter
5.87, Massage Establishments and Massagists.
PROJECT LOCATION:
City wide, City of Palm Desert
PUBLIC HEARING:
SAID public hearing will be held on Thursday, August 27, 2009 at 4:00 p.m. in the Council
Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert,
California, at which time and place all interested persons are invited to attend and be
heard. Written comments concerning all items covered by this public hearing notice shall
be accepted up to the date of the hearing. Information concerning the proposed
moratorium is available for review in the Department of Community Development at the
above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If
you challenge the proposed actions in court, you may be limited to raising only those
issues you or someone else raised at the public hearing described in this notice, or in
written correspondence delivered to the City Council at, or prior to, the public hearing.
PUBLISH: Desert Sun Rachelle Klassen, City Clerk
August 14, 2009 City of Palm Desert, California
PLANNING COMMISSION RESOLUTION NO. 2507
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT,
CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL THAT A MORATORIUM BE
PLACED ON ISSUANCE OF CONDITIONAL USE PERMITS TO INDEPENDENT
MASSAGE ESTABLISHMENTS FOR A PERIOD OF ONE YEAR,WHILE THE IMPACT OF
LIMITATIONS, RESTRICTIONS, AND/OR PROHIBITIONS ARE STUDIED.
WHEREAS,the Planning Commission of the City of Palm Desert,California, did on May 19,2009,
request staff to prepare a report for recommendation to the City Council that a moratorium be placed on
CUPs for all independent massage establishments for a period of one year; and
WHEREAS,on June 16,2009,the Planning Commission at the City of Palm Desert,California,did
hold a duly noticed public hearing to recommend to the City Council that a moratorium be placed on CUPs
for all independent massage establishments for a period of one year; and
WHEREAS, at said public hearing, upon hearing and considering all testimony, documentary
evidence, and arguments, if any, about which the persons desiring to be heard said, the Planning
Commission did find the following facts and reasons to exist to justify the recommendation to the City
Council of said request:
Reasons for the moratorium are:
That independent massage establishments have been determined to require greater
policing and code enforcement resources.
That Palm Desert has a high number of such establishments, which may be
disproportionate to the city and visitor population.
That Palm Desert desires to have a broad mix of retail businesses and services so as to
avoid financial hardship in the event of a significant downturn in any one sector.
That more study is needed before making any long term decisions regarding limitation or
prohibition of independent massage establishments.
Over the years massage establishments have failed to comply with conditions imposed by
the Conditional Use Permit.
The City has found massage establishments staff conducting business, even though the
license to operate was inactive.
Massage establishment licenses have been denied because applicants have been
operating who have been convicted of "disqualifying conduct".
Massage establishments have been raided for illegal conduct.
There have been investigations for organized crime activity and human smuggling
offenses.
NOW,THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of Palm Desert,
California, as follows:
1. That the above recitations are true and correct and constitute the findings of the Planning
Commission in this case.
t '
PLANNING COMMISSION SOLUTION NO. 2507
2. That Planning Commission hereby recommends to the City Council that a moratorium be
placed on CUPs for all independent massage establishments for a period of one year.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert Planning
Commission, held on this 1 e day of June, 2009, by the following vote to wit:
AYES: CAMPBELL, DELUNA, SCHMIDT, LIMONT
NOES: NONE
ABSENT: TANNER
ABSTAIN: NONE
. CONNOR LIMONT, Vice Chair
ATTEST:
l�
LAURI AYLAIAN, Secretary
Palm Desert Planning Commission
APPROVE AS TO FORM:
DAVID J. WIN, City Attorney
CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
REQUEST: Consideration by the Planning Commission to recommend to the City
Council that a moratorium be placed on issuance of Conditional Use
Permits to independent massage establishments for a period of one
year.
SUBMITTED BY: Kevin Swartz
Assistant Planner
DATE: June 16, 2009
I. EXECUTIVE SUMMARY:
Approval of the Planning Commission's recommendation to the City Council
would place a moratorium upon issuance of CUPs for all independent massage
establishments in the City of Palm Desert for a period of one year, while the
impact of limitations, restrictions, and/or prohibitions are studied.
11. BACKGROUND:
At the Planning Commission meeting on May 19, 2009, the Commission
requested that staff prepare a report for recommendation to the City Council that
a moratorium be placed on CUPs for all independent massage establishments
for a period of one year, while the City studies massage establishments. The
Commissioners requested the moratorium, in light of Police Department activity
at massage establishments because of illegal conduct and operating without an
approved license. Over the past two weeks there have been two massage
establishments that have been shut down, and the City is holding public hearings
to consider revocation of their Conditional Use Permits. The moratorium, if
approved, would take effect immediately and prohibit CUPs for new massage
businesses. Applicants currently in the City's application pipeline would be
exempt.
While researching massage establishments, staff found that the City has
approved 19 Conditional Use Permits. Out of the 19 CUP's, ten are for
independent stand alone massage establishments. The remaining nine are
considered a secondary use within an existing business, with the primary use
including salons, skin care, pilates, yoga, and chiropractors. Additionally, the
Marriott Desert Springs has a spa, which includes massage that was approved
Staff Report
Moratorium
June 16, 2009
Page 2 of 3
during the entitlement process, and did not need a CUP. For the purpose of this
summary report, staff broke massage establishments down into the following:
independent massage establishment, massage establishments as a secondary
use, and massage establishments within a hotel. Below is a chart summarizing
the findings.
Approved Independent Massage Massage
CUP's Massage Establishments Establishments
Establishments as a Secondary Within a Hotel
Use
19 10 9 1
III. ANALYSIS:
The Massage Establishment Ordinance requires a Conditional Use Permit to
assure that there is adequate parking and land use compatibility for all massage
establishments. The Planning Commission is recommending that a moratorium be
placed on issuance of Conditional Use Permits to independent massage
establishments for a period of one year. During the moratorium, the City will study
the current ordinance. Attached is a memo from the Palm Desert Police
Department outlining their perspective of massage establishments.
Reasons for the moratorium are:
That independent massage establishments have been determined to
require greater policing and code enforcement resources.
That Palm Desert has a high number of such establishments, which may be
disproportionate to the city and visitor population.
That Palm Desert desires to have a broad mix of retail businesses and
services so as to avoid financial hardship in the event of a significant
downturn in any one sector.
That more study is needed before making any long term decisions regarding
limitation or prohibition of independent massage establishments.
Over the years massage establishments have failed to comply with
conditions imposed by the Conditional Use Permit.
The City has found massage establishments staff conducting business,
even though the license to operate was inactive.
GAPlanning\Kevin Swartz\Word\Staff Report Massage Moratorium.doc
Staff Report
Moratorium
June 16, 2009
Page 3 of 3
Massage establishment licenses have been denied because applicants
have been operating who have been convicted of "disqualifying conduct'.
Massage establishments have been raided for illegal conduct.
There have been investigations for organized crime activity and human
smuggling offenses.
IV. RECOMMENDATION:
Staff recommends that the Planning Commission recommend to the City Council
that a moratorium be placed on issuance of Conditional Use Permits for any
independent massage establishments for a period of one year while options for
long term regulatory strategy are studied.
V. ATTACHMENTS:
A. Palm Desert Police Report Memo dated 10 June 2009
Submitted by: Department Head:
C
Kevin Swartz Lauri Aylaian
Assistant Planner Director of Community Development
Approval:,j
Homer Croy-'
ACM for Dev pt-nent Services
GAPlanning\Kevin Swartz\Word\Staff Report Massage Moratorium.doc
MINUTES
PALM DESERT PLAN IG COMMISSION JUNE 16 2009
Commissioner Campbell thought they could go ahead and propose to
Council to go ahead and change that amendment, but she thought these
two people should be exempt from this amendment.
Vice Chair Limont seconded Commissioner Schmidt's motion.
Action:
It was moved by Commissioner Schmidt, seconded by Vice Chair Limont,
approving the findings as presented by staff. Motion carried 3-1
(Commissioner Campbell voted no.)
Ms. Aylaian noted that it sounded like that motion, second and approval
was for staff's recommendation. Mr. Erwin concurred. Commissioner
Schmidt clarified that it was her understanding that in the
recommendation, there was no reference to the Nelson or Kuykendall
properties. Mr. Erwin said that was correct. Commissioner Schmidt said
that was her intent. She wasn't certain they had the authority to exempt
anyone. That was her only reason; she didn't think they had the authority
to exempt anyone at this point. Vice Chair Limont agreed with
Commissioner Schmidt. She was hoping this helped to clarify, because
she knew this had been a difficult situation for them, the City and the
Planning Commission. She was pleased because for her at least, it helped
to say this is the original intent, because the ridgelines vary so greatly.
Commissioner Campbell asked the City Attorney if he wrote the
amendment. Mr. Erwin answered yes. Commissioner Campbell stated
that she would change her vote.
It was moved by Commissioner Schmidt, seconded by Vice Chair Limont,
adopting Planning Commission Resolution No. 2506, recommending to
City Council approval of Case No. ZOA 09-253. Motion carried 4-0.
IX. MISCELLANEOUS
A. Request for a recommendation to the City Council to adopt a
Mftm one-year moratorium on the issuance of conditional use
permits for independent massage establishments while long-
term regulatory strategies are studied.
Mr. Kevin Swartz stated that on May 19, 2009, the Planning Commission
requested that staff prepare a report and recommendation to the City
Council for a moratorium to be placed on conditional use permits for all
independent massage establishments for a period of one year while the
22
MINUTES
PALM DESERT PLAN G COMMISSION_ JUNE 16 2009
City studies massage establishments. The Commissioners requested the
moratorium, and in light of the Police Department activity at massage
establishments because of illegal conduct and operating without an
approved license. In the report, staff outlined the reasons for the
moratorium and staff recommended that the Planning Commission
recommend to the City Council a moratorium be placed for one year while
staff studies the issue. He asked for any questions.
Commissioner Schmidt noted that it seemed there might be several CUPs
that were dormant and businesses that were no longer operating. She
asked if that was correct. Mr. Swartz stated that he included a chart in the
report; there were 19 approved CUPs and those were all active. Two of
them were in front of the Commission today. If they didn't get appealed
within 15 days, that number would drop down to 17. Out of the 19, 10 are
independent massage establishments, 9 are secondary use massage
establishments. He confirmed they are all in operation. Commissioner
Schmidt reiterated that any CUP that has been running with the land that
would house an independent massage establishment was either
operational or non-existent. There were no CUPs just sitting out there that
were issued to massage establishments that were no longer in business.
Mr. Swartz concurred.
Commissioner DeLuna thought it was worth noting that there if there are
19, 9 of which were either in day spas or hotel establishments, that putting
a moratorium on the stand alone independent massage establishments
while they study the need, no one who legitimately wanted a massage
would be denied access to a reputable massage therapist.
Commissioner Campbell asked if any applicants currently in the
application process would be exempt from this moratorium. Mr. Swartz
said that was correct. Mr. Bagato indicated that staff currently had no
applications.
Commissioner DeLuna asked what the process was to move this on to the
City Council, and if it was approval of the resolution. Mr. Erwin confirmed
that Planning Commission's approval of the resolution would move it to
the City Council. It would be on a Council agenda. The way a moratorium
works, the Council could initiate it immediately. The immediate enactment
of it is good for 45 days. The Council, after a public hearing prior to the
end of the 45 days, could extend it for 10 and one half months. That's how
they got one year. Commissioner DeLuna stated that she would move to
approve the resolution moving it to the City Council.
23
MINUTES
PALM DESERT PLANIIII14G COMMISSION JUNE 16. 2009
Vice Chair Limont asked if they needed a public hearing on this matter.
Mr. Erwin replied no. (Note: there was no one in the audience.)
Action:
It was moved by Commissioner DeLuna, seconded by Commissioner
Schmidt, recommending approval of a one-year moratorium. Vice Chair
Limont asked for discussion.
Commissioner Schmidt noted that there was discussion regarding
independent versus stand alone and asked if this language was sufficient
to cover them all. Mr. Erwin said yes. Commissioner Schmidt stated that
her second would stand. Vice Chair Limont called for the vote. Motion
carried 4-0 (Chairperson Tanner was absent).
It was moved by Commissioner DeLuna, seconded by Commissioner
Schmidt, adopting the findings and Planning Commission Resolution No.
2507, recommending to City Council adoption of a one-year moratorium
on issuance of conditional use permits for independent massage
establishments while long-term regulatory strategies are studied. Motion
carried 4-0 (Chairperson Tanner was absent).
X. COMMITTEE MEETING UPDATES
A. ART IN PUBLIC PLACES
Commissioner Campbell reported that the next meeting would be
June 17.
B. LANDSCAPE COMMITTEE
Vice Chair Limont summarized their discussion items.
C. PARKS & RECREATION
None.
D. PROJECT AREA 4 COMMITTEE
Commissioner Schmidt provided an update on their last meeting.
24
4DPALM DESERT POLh E
DEPARTMENT
Served by the Riverside County Sheriffs Department
Stanley Sniff, Sheriff- Coroner
TO: Planning Department DATE: June 10, 2009
FROM: Lieutenant Andrew Shouse
SUBJECT: Massage Establishment Summary
SUMMARY
For the past several years numerous massage establishments have opened for business in
the city of Palm Desert. Many of these establishments are legitimate businesses where
clients may obtain professional massage therapy services. Typically, massage services
offered at resort and hotel locations, or offered at locations licensed to provide massage
as a secondary use, do not generate much suspicion, public complaint, or police activity.
Generally, these businesses are legitimate and the persons involved strive to comply with
all laws and licensing requirements.
However, more than one of the massage businesses operating in the city are suspect
locations where the owners and/or employees may be engaged in prostitution and
pandering activities. In Palm Desert, all of the suspect massage establishments are
independent(stand alone)businesses.
The city of Palm Desert currently has ten (10) licensed independent massage
establishments within the city limits. Two (2) of the ten (10) have not yet opened for
business. Not all of these businesses are believed to be engaged in illicit activity, but one
or more business may be suspect.
POLICE ACTIVITY
In 2007 the Riverside County Sheriff's Department's Special Investigation Bureau
conducted an undercover sting operation at numerous massage establishments located in
several cities of the Coachella Valley. Six (6) Palm Desert businesses were investigated.
During the investigation, law enforcement obtained evidence of alleged prostitution and
pandering activity at four (4) of the locations. Prosecution was sought for provable
offenses in those cases.
Since January 2007 there have been seventeen (17) documented police reports of alleged
prostitution activity at massage establishments within the city of Palm Desert. There
have also been a minimum of five (5) additional undocumented and informal complaints
received from the public regarding illicit activity at these locations.
In 2008 Palm Desert C,�,u,;Enforcement and the Palm Desert"L vii%:e Department's Special
Enforcement Team (SET) began conducting monthly compliance checks at all the
independent massage establishments within the city limits. These checks are aimed at
ensuring that businesses and therapists are in compliance with various regulations and
Municipal Codes.
The Palm Desert Police Department also regularly investigates allegations of prostitution
activity. In 2009 we arrested two (2) subjects for prostitution at an east Palm Desert
massage business. That business has since been closed by the City.
During 2008 and 2009 the city of Palm Desert has revoked two (2)business licenses from
massage establishments operating in the city and is in the process of reviewing/revoking
their conditional use permits. A coordinated effort between the Police Department, Code
Enforcement and the Planning and Business Licensing Departments is what is necessary
to ensure that these businesses remain in compliance with the law.
CONCLUSION
Over recent years, Federal, state and local authorities have investigated numerous suspect
massage establishments not only for prostitution activity, but for organized crime activity
and human smuggling offenses. Many of these organizations operate multiple locations
in various cities. Girls are rotated between locations to avoid identification and
prosecution by law enforcement.
It is well known in the law enforcement community that prostitution activity is not a
"victimless crime". With many of these women, they are compelled to work off never
ending debt they assumed when they were transported to the United States and continue
to accumulate for daily living expenses. They are often times subjected to emotional and
physical abuse by both their customers and handlers and are reluctant to seek assistance
from authorities for fear of deportation and retaliation.
Sb
ORDINANCE NO. 1193
AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM
DESERT, CALIFORNIA, MAKING FINDINGS AND IMPOSING A 45
DAY INTERIM MORATORIUM ON THE ISSUANCE OF
CONDITIONAL USE PERMITS TO INDEPENDENT MASSAGE
ESTABLISHMENTS.
WHEREAS, the City Council of the City of Palm Desert, California, did on the 271n
day of August, 2009, hold a duly noticed public hearing to consider imposing a 45-day
interim moratorium on the issuance of Conditional Use Permits to independent massage
establishments; and
WHEREAS, on June 16, 2009 the Planning Commission recommended approval
that a moratorium be placed on the issuance of Conditional Use Permits to independent
massage establishments until the City Council considers and enacts an alternative
ordinance; and
WHEREAS, the City is receiving applications for massage establishments, which
applications may be in conflict with proposed alternatives and preclude effective
implementation of important proposed goals and policies; and
WHEREAS, to enhance the community's appearance and to protect the public
health, safety, and welfare, the City Council desires to adopt an ordinance to impose a 45
day interim moratorium on the issuance of independent massage establishments; and
WHEREAS, based on the foregoing, the City Council finds that issuing Conditional
Use Permits to independent massage establishments prior to consideration and adoption of
an alternative ordinance would pose a current and immediate threat to the public health,
safety, and welfare, and that a temporary moratorium on the issuance of such permits is
thus necessary.
NOW, THEREFORE, the City Council of the City of Palm Desert, California does
hereby ordain as follows:
SECTION 1. IMPOSITION OF THE MORATORIUM
A. In accordance with the authority granted to the City of Palm Desert under
Government Code Section 65858, the City Council does adopt a temporary moratorium on
issuance of Conditional Use Permits to independent massage establishments.
B. This ordinance is an interim urgency ordinance adopted pursuant to
Government Code Section 65858, and is for the immediate preservation of the public
health, safety, and welfare. The facts constituting urgency are:
1. the City has recently received a large number of Conditional Use Permits for
independent massage establishments which must be reviewed by the Planning Commission
prior to their issuance; and
2. the current municipal code section regulating such permits is difficult for the
Planning Commission to apply because more concrete language is needed; and
ORDINANCE NO. 1193
3. the City staff wants to revise the ordinance for adoption by the City Council to
ensure that independent massage establishments do not create public safety hazards or
diminish property values; and
4. absent the adoption of this interim urgency ordinance, Conditional Use
Permits allowing independent massage establishments in an unsafe manner that decreases
property value may be issued.
C. The City Council finds that the adoption of an ordinance imposing a
moratorium on of the issuance of Conditional Use Permits to independent massage
establishments is necessary to prevent approval of additional permits that may be
inconsistent with proposed changes to Palm Desert Municipal Code Chapter 5.87 currently
under consideration.
D. Notwithstanding any provision of the Municipal Code to the contrary, no
issuance of permit of any nature shall be approved for any request for a Conditional Use
Permit to independent massage establishments within 45 days of this ordinance while
Chapter 5.87 Massage Establishments is under review for potential amendment.
SECTION 2. SEVERABILITY
If any section, subsection, clause or phrase of this Ordinance or any part thereof is
for any reason held to be invalid, unconstitutional, or unenforceable by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portion of the Ordinance. The City Council declares that it would have passed each section,
subsection, paragraph, sentence clause or phrase thereof, irrespective of the fact that any
one or more section, subsection, sentence, clause or phrase would be declared invalid,
unconstitutional or unenforceable.
SECTION 3. COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
The City Council finds that this moratorium complies with the "City of Palm Desert
Procedure for Implementation of California Environmental Quality Act, Resolution No. 02-
60", in that the Director Community Development has determined, pursuant to Section 3.07,
that the moratorium is exempt because there is no possibility that the adoption of the
moratorium will have significant effect on the environment.
SECTION 4. EFFECTIVE DATE
This Ordinance shall become effective immediately upon adoption if adopted by at least
four-fifths (4/5) vote of the City Council and shall be in effect for forty-five (45) days from the
date of adoption unless extended by the City Council as provided for in the Government
Code.
SECTION 5. PUBLICATION
The City Clerk of the City of Palm Desert, California, is hereby directed to publish
this ordinance in the Desert Sun, a newspaper of general circulation, published and
circulated in the City of Palm Desert, California.
2
ORDINANCE NO. 1193
PASSED, APPROVED and ADOPTED this 27th day of August, 2009, by the City
Council of the City of Palm Desert, California by the following vote, to wit:
AYES: BENSON, FERGUSON, FINERTY, KELLY, and SPIEGEL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE q�i/�
d&J C.�
ROBERT A. SPIEGEL, MAY
ATTEST:
CIA
RA HELLE D. KL SSE , CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
APPROVED AS TO FORM:
DAV115J.-EbOVIN, CITY ATTORNEY
3
ORDINANCE NO. 1198 oQ
AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM DESERT,
CALIFORNIA, MAKING FINDINGS AND IMPOSING AN EXTENSION TO
THE 45 DAY INTERIM MORATORIUM FOR UP TO ANOTHER 10-1/2
MONTHS ON THE ISSUANCE OF CONDITIONAL USE PERMITS TO
INDEPENDENT MASSAGE ESTABLISHMENTS.
WHEREAS, the City Council of the City of Palm Desert, California, did on the 8th day
of October 2009, hold a duly noticed public hearing to consider extending for up to 10-1/2
months the 45-day interim moratorium on the issuance of Conditional Use Permits to
independent massage establishments; and
WHEREAS, on June 16, 2009 the Planning Commission recommended approval
that a moratorium be placed on the issuance of Conditional Use Permits to independent
massage establishments until the City Council considers and enacts an alternative
ordinance; and
WHEREAS, the City is receiving applications for massage establishments, which
applications may be in conflict with proposed alternatives and preclude effective
implementation of important proposed goals and policies; and
WHEREAS, to enhance the community's appearance and to protect the public
health, safety, and welfare, the City Council desires to adopt an ordinance to impose an
extension of the 45 day interim moratorium for up to another 10-1/2 months on the issuance
of independent massage establishments; and
WHEREAS, based on the foregoing, the City Council finds that issuing Conditional
Use Permits to independent massage establishments prior to consideration and adoption of
an alternative ordinance would pose a current and immediate threat to the public health,
safety, and welfare, and that a temporary moratorium on the issuance of such permits is
thus necessary.
NOW, THEREFORE, the City Council of the City of Palm Desert, California does
hereby ordain as follows:
SECTION 1. IMPOSITION OF THE MORATORIUM
A. In accordance with the authority granted to the City of Palm Desert under
Government Code Section 65858, the City Council does adopt a temporary moratorium on
issuance of Conditional Use Permits to independent massage establishments.
B. This ordinance is an interim urgency ordinance adopted pursuant to
Government Code Section 65858, and is for the immediate preservation of the public
health, safety, and welfare. The facts constituting urgency are:
1. the City has recently received a large number of Conditional Use Permits for
independent massage establishments which must be reviewed by the Planning Commission
prior to their issuance; and
ORDINANCE NO. 1198 -
2. the City staff wants to revise the ordinance for adoption by the City Council to
ensure that independent massage establishments do not create public safety hazards or
diminish property values; and
3. absent the adoption of this interim urgency ordinance, Conditional Use
Permits allowing independent massage establishments in an unsafe manner that decreases
property value may be issued.
4. the City staff is requesting the extension for an additional 10-1/2 months to
study the issues identified with land use, enforcement, balance of business types, and
community compatibility.
C. The City Council finds that the adoption of an ordinance imposing a
moratorium on of the issuance of Conditional Use Permits to independent massage
establishments is necessary to prevent approval of additional permits that may be
inconsistent with proposed changes to Palm Desert Municipal Code Chapter 5.87 currently
under consideration.
D. Notwithstanding any provision of the Municipal Code to the contrary, no
issuance of permit of any nature shall be approved for any request for a Conditional Use
Permit to independent massage establishments within 10-1/2 months of this ordinance
while Chapter 5.87 Massage Establishments is under review for potential amendment.
SECTION 2. SEVERABILITY
If any section, subsection, clause or phrase of this Ordinance or any part thereof is
for any reason held to be invalid, unconstitutional, or unenforceable by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portion of the Ordinance. The City Council declares that it would have passed each section,
subsection, paragraph, sentence clause or phrase thereof, irrespective of the fact that any
one or more section, subsection, sentence, clause or phrase would be declared invalid,
unconstitutional or unenforceable.
SECTION 3. COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
The City Council finds that this moratorium complies with the "City of Palm Desert
Procedure for Implementation of California Environmental Quality Act, Resolution No. 02-
60", in that the Director Community Development has determined, pursuant to Section 3.07,
that the moratorium is exempt because there is no possibility that the adoption of the
moratorium will have significant effect on the environment.
SECTION 4. EFFECTIVE DATE
This Ordinance shall become effective immediately upon adoption if adopted by at least
four-fifths (4/5) vote of the City Council and shall be in effect for ten and one half (10-1/2)
months from the date of adoption unless extended by the City Council as provided for in the
Government Code.
2
• ORDINANCE NO. 1198
SECTION 5. PUBLICATION
The City Clerk of the City of Palm Desert, California, is hereby directed to publish
this ordinance in the Desert Sun, a newspaper of general circulation, published and
circulated in the City of Palm Desert, California.
PASSED, APPROVED and ADOPTED this 8th day of October, 2009, by the City
Council of the City of Palm Desert, California by the following vote, to wit:
AYES: BENSON, FERGUSON, FINERTY, KELLY, & SPIEGEL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ROBERT A. SPIEGEL, AY
ATTEST:
R H LLE SEN, ITY CLERK
CITY OF PALM DESERT, CALIFORNIA
Ib ` '+-
APPROVED S TO FORM:
DAVID J. EWWIN, CITY ATTORNEY
3
I I y 0 [ P n I M 0 R 1
73-510 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-2578
TEL: 76o 346—o6ii
NN FAX: 760 341-7098
info@palm-desert.org
PLANNING COMMISSION MEETING
NOTICE OF ACTION
Date: June 17, 2009
CITY OF PALM DESERT
Re: ONE-YEAR MORATORIUM
The Planning Commission of the City of Palm Desert has considered the matter and taken
the following action at its regular meeting of June 16, 2009:
THE PLANNING COMMISSION, BY ADOPTION OF PLANNING
COMMISSION RESOLUTION NO. 2507, RECOMMENDED TO CITY
COUNCIL APPROVAL OF A ONE-YEAR MORATORIUM ON ISSUANCE
OF CONDITIONAL USE PERMITS FOR INDEPENDENT MASSAGE
ESTABLISHMENTS WHILE OPTIONS FOR LONG-TERM REGULATORY
STRATEGIES ARE STUDIED. MOTION CARRIED 4-0 (CHAIRPERSON
TANNER WAS ABSENT).
Any appeal of the above action may be made in writing to the City Clerk, City of Palm
Desert, within fifteen (15) days of the date of the decision.
Lauri Aylaian, Secretary
Palm Desert Planning Commission
Am
cc: Coachella Valley Water District
Public Works Department
Building & Safety Department
Fire Marshal
Business License Department
Cam,Pun ON AE(YQEn PAPER
r
PLANNING COMMISSION RESOLUTION NO. 2507
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT,
CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL THAT A MORATORIUM BE
PLACED ON ISSUANCE OF CONDITIONAL USE PERMITS TO INDEPENDENT
MASSAGE ESTABLISHMENTS FOR A PERIOD OF ONE YEAR,WHILE THE IMPACT OF
LIMITATIONS, RESTRICTIONS, AND/OR PROHIBITIONS ARE STUDIED.
WHEREAS,the Planning Commission of the City of Palm Desert, California, did on May 19,2009,
request staff to prepare a report for recommendation to the City Council that a moratorium be placed on
CUPs for all independent massage establishments for a period of one year; and
WHEREAS,on June 16,2009,the Planning Commission at the City of Palm Desert,California,did
hold a duly noticed public hearing to recommend to the City Council that a moratorium be placed on CUPs
for all independent massage establishments for a period of one year; and
WHEREAS, at said public hearing, upon hearing and considering all testimony, documentary
evidence, and arguments, if any, about which the persons desiring to be heard said, the Planning
Commission did find the following facts and reasons to exist to justify the recommendation to the City
Council of said request:
Reasons for the moratorium are:
That independent massage establishments have been determined to require greater
policing and code enforcement resources.
That Palm Desert has a high number of such establishments, which may be
disproportionate to the city and visitor population.
That Palm Desert desires to have a broad mix of retail businesses and services so as to
avoid financial hardship in the event of a significant downturn in any one sector.
That more study is needed before making any long term decisions regarding limitation or
prohibition of independent massage establishments.
Over the years massage establishments have failed to comply with conditions imposed by
the Conditional Use Permit.
The City has found massage establishments staff conducting business, even though the
license to operate was inactive.
Massage establishment licenses have been denied because applicants have been
operating who have been convicted of "disqualifying conduct'.
Massage establishments have been raided for illegal conduct.
There have been investigations for organized crime activity and human smuggling
offenses.
NOW,THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of Palm Desert,
California, as follows:
1. That the above recitations are true and correct and constitute the findings of the Planning
Commission in this case.
PLANNING COMMISSION -- SOLUTION NO. 2507
2. That Planning Commission hereby recommends to the City Council that a moratorium be
placed on CUPs for all independent massage establishments for a period of one year.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert Planning
Commission, held on this 16'' day of June, 2009, by the following vote to wit:
AYES: CAMPBELL, DELUNA, SCHMIDT, LIMONT
NOES: NONE
ABSENT: TANNER
ABSTAIN: NONE
M. CONNOR LIMONT, Vice Chair
ATTEST:
LAURI AYLAIAN, Secretary
Palm Desert Planning Commission
APPROVED AS TO FORM:
X
DAVID J. WIN, City Attorney
2
MINUTES
PALM DESERT PLANNING COMMISSION JUNE 16 2009
Commissioner Campbell thought they could go ahead and propose to
Council to go ahead and change that amendment, but she thought these
two people should be exempt from this amendment.
Vice Chair Limont seconded Commissioner Schmidt's motion.
Action:
It was moved by Commissioner Schmidt, seconded by Vice Chair Limont,
approving the findings as presented by staff. Motion carried 3-1
(Commissioner Campbell voted no.)
Ms. Aylaian noted that it sounded like that motion, second and approval
was for staff's recommendation. Mr. Erwin concurred. Commissioner
Schmidt clarified that it was her understanding that in the
recommendation, there was no reference to the Nelson or Kuykendall
properties. Mr. Erwin said that was correct. Commissioner Schmidt said
that was her intent. She wasn't certain they had the authority to exempt
anyone. That was her only reason; she didn't think they had the authority
to exempt anyone at this point. Vice Chair Limont agreed with
Commissioner Schmidt. She was hoping this helped to clarify, because
she knew this had been a difficult situation for them, the City and the
Planning Commission. She was pleased because for her at least, it helped
to say this is the original intent, because the ridgelines vary so greatly.
Commissioner Campbell asked the City Attorney if he wrote the
amendment. Mr. Erwin answered yes. Commissioner Campbell stated
that she would change her vote.
It was moved by Commissioner Schmidt, seconded by Vice Chair Limont,
adopting Planning Commission Resolution No. 2506, recommending to
City Council approval of Case No. ZOA 09-253. Motion carried 4-0.
IX. MISCELLANEOUS
A. Request for a recommendation to the City Council to adopt a
one-year moratorium on the issuance of conditional use
permits for independent massage establishments while long-
term regulatory strategies are studied.
Mr. Kevin Swartz stated that on May 19, 2009, the Planning Commission
requested that staff prepare a report and recommendation to the City
Council for a moratorium to be placed on conditional use permits for all
independent massage establishments for a period of one year while the
22
MINUTES
PALM DESERT PLANNING COMMISSION JUNE 16 2009
City studies massage establishments. The Commissioners requested the
moratorium, and in light of the Police Department activity at massage
establishments because of illegal conduct and operating without an
approved license. In the report, staff outlined the reasons for the
moratorium and staff recommended that the Planning Commission
recommend to the City Council a moratorium be placed for one year while
staff studies the issue. He asked for any questions.
Commissioner Schmidt noted that it seemed there might be several CUPs
that were dormant and businesses that were no longer operating. She
asked if that was correct. Mr. Swartz stated that he included a chart in the
report; there were 19 approved CUPs and those were all active. Two of
them were in front of the Commission today. If they didn't get appealed
within 15 days, that number would drop down to 17. Out of the 19, 10 are
independent massage establishments, 9 are secondary use massage
establishments. He confirmed they are all in operation. Commissioner
Schmidt reiterated that any CUP that has been running with the land that
would house an independent massage establishment was either
operational or non-existent. There were no CUPs just sitting out there that
were issued to massage establishments that were no longer in business.
Mr. Swartz concurred.
Commissioner DeLuna thought it was worth noting that there if there are
19, 9 of which were either in day spas or hotel establishments, that putting
a moratorium on the stand alone independent massage establishments
while they study the need, no one who legitimately wanted a massage
would be denied access to a reputable massage therapist.
Commissioner Campbell asked if any applicants currently in the
application process would be exempt from this moratorium. Mr. Swartz
said that was correct. Mr. Bagato indicated that staff currently had no
applications.
Commissioner DeLuna asked what the process was to move this on to the
City Council, and if it was approval of the resolution. Mr. Erwin confirmed
that Planning Commission's approval of the resolution would move it to
the City Council. It would be on a Council agenda. The way a moratorium
works, the Council could initiate it immediately. The immediate enactment
of it is good for 45 days. The Council, after a public hearing prior to the
end of the 45 days, could extend it for 10 and one half months. That's how
they got one year. Commissioner DeLuna stated that she would move to
approve the resolution moving it to the City Council.
23
MINUTES
PALM DESERT PLANNING COMMISSION JUNE 16 2009
Vice Chair Limont asked if they needed a public hearing on this matter.
Mr. Erwin replied no. (Note: there was no one in the audience.)
Action:
It was moved by Commissioner DeLuna, seconded by Commissioner
Schmidt, recommending approval of a one-year moratorium. Vice Chair
Limont asked for discussion.
Commissioner Schmidt noted that there was discussion regarding
independent versus stand alone and asked if this language was sufficient
to cover them all. Mr. Erwin said yes. Commissioner Schmidt stated that
her second would stand. Vice Chair Limont called for the vote. Motion
carried 4-0 (Chairperson Tanner was absent).
It was moved by Commissioner DeLuna, seconded by Commissioner
Schmidt, adopting the findings and Planning Commission Resolution No.
2507, recommending to City Council adoption of a one-year moratorium
on issuance of conditional use permits for independent massage
establishments while long-term regulatory strategies are studied. Motion
carried 4-0 (Chairperson Tanner was absent).
X. COMMITTEE MEETING UPDATES
A. ART IN PUBLIC PLACES
Commissioner Campbell reported that the next meeting would be
June 17.
B. LANDSCAPE COMMITTEE
Vice Chair Limont summarized their discussion items.
C. PARKS & RECREATION
None.
D. PROJECT AREA 4 COMMITTEE
Commissioner Schmidt provided an update on their last meeting.
24
CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
REQUEST: Consideration by the Planning Commission to recommend to the City
Council that a moratorium be placed on issuance of Conditional Use
Permits to independent massage establishments for a period of one
year.
SUBMITTED BY: Kevin Swartz
Assistant Planner
DATE: June 16, 2009
I. EXECUTIVE SUMMARY:
Approval of the Planning Commission's recommendation to the City Council
would place a moratorium upon issuance of CUPs for all independent massage
establishments in the City of Palm Desert for a period of one year, while the
impact of limitations, restrictions, and/or prohibitions are studied.
II. BACKGROUND:
At the Planning Commission meeting on May 19, 2009, the Commission
requested that staff prepare a report for recommendation to the City Council that
a moratorium be placed on CUPs for all independent massage establishments
for a period of one year, while the City studies massage establishments. The
Commissioners requested the moratorium, in light of Police Department activity
at massage establishments because of illegal conduct and operating without an
approved license. Over the past two weeks there have been two massage
establishments that have been shut down, and the City is holding public hearings
to consider revocation of their Conditional Use Permits. The moratorium, if
approved, would take effect immediately and prohibit CUPs for new massage
businesses. Applicants currently in the City's application pipeline would be
exempt.
While researching massage establishments, staff found that the City has
approved 19 Conditional Use Permits. Out of the 19 CUP's, ten are for
independent stand alone massage establishments. The remaining nine are
considered a secondary use within an existing business, with the primary use
including salons, skin care, pilates, yoga, and chiropractors. Additionally, the
Marriott Desert Springs has a spa, which includes massage that was approved
Staff Report
Moratorium
June 16, 2009
Page 2 of 3
during the entitlement process, and did not need a CUP. For the purpose of this
summary report, staff broke massage establishments down into the following:
independent massage establishment, massage establishments as a secondary
use, and massage establishments within a hotel. Below is a chart summarizing
the findings.
Approved Independent Massage Massage
CUP's Massage Establishments Establishments
Establishments as a Secondary Within a Hotel
Use
19 10 9 1
III. ANALYSIS:
The Massage Establishment Ordinance requires a Conditional Use Permit to
assure that there is adequate parking and land use compatibility for all massage
establishments. The Planning Commission is recommending that a moratorium be
placed on issuance of Conditional Use Permits to independent massage
establishments for a period of one year. During the moratorium, the City will study
the current ordinance. Attached is a memo from the Palm Desert Police
Department outlining their perspective of massage establishments.
Reasons for the moratorium are:
That independent massage establishments have been determined to
require greater policing and code enforcement resources.
That Palm Desert has a high number of such establishments, which may be
disproportionate to the city and visitor population.
That Palm Desert desires to have a broad mix of retail businesses and
services so as to avoid financial hardship in the event of a significant
downturn in any one sector.
That more study is needed before making any long term decisions regarding
limitation or prohibition of independent massage establishments.
Over the years massage establishments have failed to comply with
conditions imposed by the Conditional Use Permit.
The City has found massage establishments staff conducting business,
even though the license to operate was inactive.
GAPlanning\Kevin Swartz\Word\Staff Report Massage Moratorium.doc
Staff Report
Moratorium
June 16, 2009
Page 3 of 3
Massage establishment licenses have been denied because applicants
have been operating who have been convicted of "disqualifying conduct".
Massage establishments have been raided for illegal conduct.
There have been investigations for organized crime activity and human
smuggling offenses.
IV. RECOMMENDATION:
Staff recommends that the Planning Commission recommend to the City Council
that a moratorium be placed on issuance of Conditional Use Permits for any
independent massage establishments for a period of one year while options for
long term regulatory strategy are studied.
V. ATTACHMENTS:
A. Palm Desert Police Report Memo dated 10 June 2009
Submitted by: Department Head:
Kevin Swartz Lauri Aylaian
Assistant Planner Director of Community Development
Approval:
Homer Croy
ACM for Dev lopMent Services
GAPlanning\Kevin Swartz\Word\Staff Report Massage Moratorium.doc
PALM DESERT POLICE
DEPARTMENT
Served by the Riverside County Sheriffs Department
Stanley Sniff, Sheriff- Coroner
TO: Planning Department DATE: June 10, 2009
FROM: Lieutenant Andrew Shouse
SUBJECT: Massage Establishment Summary
SUMMARY
For the past several years numerous massage establishments have opened for business in
the city of Palm Desert. Many of these establishments are legitimate businesses where
clients may obtain professional massage therapy services. Typically, massage services
offered at resort and hotel locations, or offered at locations licensed to provide massage
as a secondary use, do not generate much suspicion, public complaint, or police activity.
Generally, these businesses are legitimate and the persons involved strive to comply with
all laws and licensing requirements.
However, more than one of the massage businesses operating in the city are suspect
locations where the owners and/or employees may be engaged in prostitution and
pandering activities. In Palm Desert, all of the suspect massage establishments are
independent (stand alone) businesses.
The city of Palm Desert currently has ten (10) licensed independent massage
establishments within the city limits. Two (2) of the ten (10) have not yet opened for
business. Not all of these businesses are believed to be engaged in illicit activity, but one
or more business may be suspect.
POLICE ACTIVITY
In 2007 the Riverside County Sheriff's Department's Special Investigation Bureau
conducted an undercover sting operation at numerous massage establishments located in
several cities of the Coachella Valley. Six (6) Palm Desert businesses were investigated.
During the investigation, law enforcement obtained evidence of alleged prostitution and
pandering activity at four (4) of the locations. Prosecution was sought for provable
offenses in those cases.
Since January 2007 there have been seventeen (17) documented police reports of alleged
prostitution activity at massage establishments within the city of Palm Desert. There
have also been a minimum of five (5) additional undocumented and informal complaints
received from the public regarding illicit activity at these locations.
In 2008 Palm Desert Code Enforcement and the Palm Desert Police Department's Special
• Enforcement Team (SET) began conducting monthly compliance checks at all the
independent massage establishments within the city limits. These checks are aimed at
ensuring that businesses and therapists are in compliance with various regulations and
Municipal Codes.
The Palm Desert Police Department also regularly investigates allegations of prostitution
activity. In 2009 we arrested two (2) subjects for prostitution at an east Palm Desert
massage business. That business has since been closed by the City.
During 2008 and 2009 the city of Palm Desert has revoked two (2) business licenses from
massage establishments operating in the city and is in the process of reviewing/revoking
their conditional use permits. A coordinated effort between the Police Department, Code
Enforcement and the Planning and Business Licensing Departments is what is necessary
to ensure that these businesses remain in compliance with the law.
CONCLUSION
Over recent years, Federal, state and local authorities have investigated numerous suspect
massage establishments not only for prostitution activity, but for organized crime activity
and human smuggling offenses. Many of these organizations operate multiple locations
in various cities. Girls are rotated between locations to avoid identification and
prosecution by law enforcement.
It is well known in the law enforcement community that prostitution activity is not a
"victimless crime". With many of these women, they are compelled to work off never
ending debt they assumed when they were transported to the United States and continue
to accumulate for daily living expenses. They are often times subjected to emotional and
physical abuse by both their customers and handlers and are reluctant to seek assistance
from authorities for fear of deportation and retaliation.
_ ORIGINALPLANNING COMMISSION RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL THAT A
MORATORIUM BE PLACED ON ISSUSANCE OF CONDITIONAL USE PERMITS TO
INDEPENDENT MASSAGE ESTABLISHMENTS FOR A PERIOD OF ONE YEAR,
WHILE THE IMPACT OF LIMITATIONS, RESTRICTIONS, AND/OR PROHIBITIONS
ARE STUDIED.
WHEREAS, the Planning Commission of the City of Palm Desert, CA did on May 19, 2009
requested staff to prepare a report for recommendation to the City Council that a moratorium be
placed on CUPs for all independent massage establishments for a period of one year; and
WHEREAS, on June 16, 2009, the Planning Commission at the City of Palm Desert, CA did
hold a duly noticed public hearing to recommend to the City Council that a moratorium be placed on
CUPs for all independent massage establishments for a period of one year; and
WHEREAS, at said public hearing, upon hearing and considering all testimony, documentary
evidence, and arguments, if any, about which the persons desiring to be heard, said, the Planning
Commission did find the following facts and reasons to exist to justify the recommendation to the City
Council of said request:
Reasons for the moratorium are:
That independent massage establishments have been determined to require greater
policing and code enforcement resources.
That Palm Desert has a high number of such establishments, which may be
disproportionate to the city and visitor population.
That Palm Desert desires to have a broad mix of retail businesses and services so as to
avoid financial hardship in the event of a significant downturn in any one sector.
That more study is needed before making any long term decisions regarding limitation or
prohibition of independent massage establishments.
Over the years massage establishments have failed to comply with conditions imposed
by the Conditional Use Permit.
The City has found massage establishments staff conducting business, even though the
license to operate was inactive.
Massage establishment licenses have been denied because applicants have been
operating who have been convicted of "disqualifying conduct".
Massage establishments have been raided for illegal conduct.
There have been investigations for organized crime activity and human smuggling
offenses.
PLANNING COMMISSION HtSOLUTION NO.
NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of Palm
Desert, California, as follows:
1. That the above recitations are true and correct and constitute the findings of the
Planning Commission in this case.
2. That recommendation to the City Council that a moratorium be placed on CUPs for all
independent massage establishments for a period of one year.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert Planning
Commission held on 16th day of June, 2009, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
VAN G. TANNER, Chairperson
ATTEST:
LAURI AYLAIAN, Secretary
Palm Desert Planning Commission
APPROVED AS TO FORM:
David J. Erwin, City Attorney
RMPUB\RHARGREAVES\307980.1
t; 'S Ci FiCr_
PALH DESERT, CA
PROOF OF PUBLICATION This is space for County Clerk's Filing Stamp
(2015.5.C.C.P) 2009 JIJN 12 AM 11- 0�)
STATE OF CALIFORNIA
County of Riverside
---------------------------------------------
I am a citizen of the United States and a resident of Proof of Publication of
the County aforesaid; I am over the age of eighteen No 2457-------------------------------------------
years,and not a party to or interested in the CITY OF PALM DESERT I
above-entitled matter.I am the principal clerk of a LEGAL NOTICE
printer of the,DESERT SUN PUBLISHING NOTICEIBROF�INTENNT BY THE PLANNING
To
COMPANY a newspaper of general circulation, COUNCIL-ADOPTIONO lmW��Ni� TEW-
�TT 1
printed and published in the city of Palm Springs, ENT141A�SSAGp EgTA�ppI�S,_=_-- -I
County of Riverside,and which newspaper has been PROJECT DESCRIPTION:
adjudged a newspaper of general circulation by the The Planning Commission will consider reoom.
Superior Court of the County of Riverside,State of mending that the City Council adopt a temporary
Moratorium on Independent Massage Establish-
California under the date of March 24,1988.Case Dment so esert Mthat c can T in s s sii ess Taxesalm
Li-
Number 191236;that the notice,of which the cen$e sand m and Massa Chapter 5.87,Massage
annexed is a printed copy(set in type not smaller g'
than non pariel,has been published in each regular PROJECT LOCATION: City wide,city of Palm
Desert
and entire issue of said newspaper and not in any PUBLIC HEARING:
supplement thereof on the following dates,to wit:
SAID public hearing will be held on Tuesday,
June 16,2009 at 6:00 p.m.in the Council Cham.
June 6th,2009 ber at the Palm Desert Civic Center,73 510 Fred
Waring Drive, Palm Desert, California, at which
------------------------------------------------------------ time and place all interested persons are invited to
Ing all itemsitems coveted rd by thisnpub c hearing notice
shall be accepted up to the date of the hearing.In-
------------------------------------—------------------------- formation concemmg the pro d moratorium is
All in the year 2009 available for review in the gepartment of Com.
munity Development at the above address be-
tween
gh Friday.8If�ou chalienge'0t e p oposed
I certify(or declare)under penalty of perjury that the actions in court,you may be limited to raising only
those issues you or someone else raised at the
foregoing is true and correct. public hearing described in this notice,or in written
correspondence delivered to the Planning Com-
th mission at,or prior to,the public hearing.
Dated at Palm Springs,California this---9 ,----day Lauri Aylaian Secretery
Palm Desert Planning Commission
of---------- June - -- ----------------,2009 Published;liffi 9
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PALM DESERT PLANNING COMMISSION MAY 19 2009
non-illuminated signs and removal of the Creative Signs from the Draft
Ordinance.
Chairperson Tanner noted that there was a motion and a second.
Commissioner Schmidt asked for clarification that if they were in favor of
the Creative Sign section as amended, then they would be voting no; and
if they wanted the Creative Signs section totally removed, the vote would
be yes. Chairperson Tanner concurred.
He called for the vote. Motion carried 4-1 (Commissioner Schmidt voted
no).
It was moved by Commissioner Limont, seconded by Commissioner
DeLuna, adopting the findings and Planning Commission Resolution No.
2503, recommending to City Council approval of Case No. ZOA 09-104 as
amended by the minute motion. Motion carried 4-1 (Commissioner
Schmidt voted no).
Chairperson Tanner thanked staff and Commissioner Schmidt for all their
hard work.
IX. MISCELLANEOUS
A. Discussion of Staff Report regarding Massage Establishments
within Palm Desert.
Mr. Swartz stated that per Commission's request, staff prepared a report
outlining the number of massage establishments. They were broken down
into two categories: independent stand-alone massage establishments,
and massage establishments as a secondary use. He asked for any
questions.
Commissioner DeLuna stated that it was her understanding that there are
19 stand alone massage parlors currently in the city of Palm Desert. Mr.
Swartz clarified that there are 19 approved massage establishments, 12 of
them are stand alone, and 7 are a secondary use. Commissioner DeLuna
explained that she was still concerned about the stand alone, not the ones
located in other facilities, but the stand alone massage facilities. She
indicated that per public record, there had been police activity in one
recently and that only increased her concern about the safety, not only of
the people who work in them, but the safety of the people who would
frequent them. She didn't think Palm Desert needed to have the number of
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PALM DESERT PLANNING COMMISSION MAY 19, 2009
them that we have, and didn't think there was any reason to continue to
permit them. Once again she was requesting a temporary moratorium on
stand-alone massage therapy establishments.
Commissioner Limont asked staff to go through the steps, i.e. they have to
get a license from the State. Mr. Swartz said that was correct. Then the
applicant would come before the Planning Commission. Commissioner
Limont asked what they do beforehand. What did the State require this
person to do to get a license? Mr. Swartz said he didn't know all the steps,
but knew they went through a background check. Ms. Aylaian added that
they have to have a certain number of hours; there is a background check,
and a licensing check that is actually handled through the City's Business
Licensing Department. What they look at in Planning is typically the land
use, but there are requirements. There is a valley-wide model ordinance
developed through CVAG (Coachella Valley Association of Governments)
so that massage therapists could practice in more than one city at a time
because originally each of the different cities would have its own
requirements and a certain number of hours of practicing and certain
checks. So a number of years ago CVAG got the valley cities together and
they passed a model ordinance and most valley cities participate so they
go through their licensing and produce records of their training and
certifications in order to get their business license. With that in hand, then
they needed to get a conditional use permit for the establishment itself.
Commissioner Limont asked if they run into problems when "Person A"
gets a license, stays a certain amount of time, and then decides that
maybe they don't want to live here or whatever, and someone else comes
in and operates under their license. Ms. Aylaian asked if she was referring
to the individual license and not the conditional use permit. Commissioner
Limont said yes, she was just talking about someone that has an existing
business. Ms. Aylaian couldn't say that's never happened, but did know
that they do spot check massage establishments once a month and one of
the things they check for is for each therapist there practicing, they ask to
see a copy of their license and personal identification proving they are the
person to whom the license is issued. Commissioner Limont clarified that
we haven't run in that; Ms. Aylaian wasn't aware of that and reiterated
there are procedures in place to check for that.
Commissioner DeLuna said it was her understanding that the conditional
use permit stays with the property, so if "Applicant A" is approved for a
conditional use permit and say, three months later "Applicant A" doesn't
like the desert and wants to leave, another business can come in and
occupy the same facility under that conditional use permit and perhaps
have an entirely different business operation going on. Ms. Aylaian replied
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PALM DESERT PLANNING COMMISSION MAY 19, 2009
that as long as they operate within the strict parameters of the conditional
use permit, they can do that. Once a business is abandoned for one year,
the CUP would be invalidated and they would have to come in and go
through the process all over again. Commissioner DeLuna indicated she
was talking about someone who literally comes in on the heels of
someone else; one's out one day and another's in the next day. They
could do that. Mr. Bagato agreed that they could do that, but the original
conditions applied if it has a valid CUP, such as number of employees,
hours of operation, and the number of people at one time. They have a
case right now where someone wants to take over one and they are
limited to two employees and the new one has four. To do that, they have
to go back through the CUP process and amend it. So although someone
could operate within that facility if the CUP hasn't expired, they have to
operate under the same terms unless they come to the Planning
Commission to modify it. Again, those provisions were in place to keep a
two-employee business leaving and a ten-employee business showing up.
That could happen, and if the City finds out that they are in violation, the
CUP could be revoked or amended. Code Enforcement and the City
Attorney could get involved in shutting the business down if they are in
violation of the CUP. So those measures were there as well.
Mr. Hargreaves also informed them that a new business had to get its own
license. It doesn't just come in and start. They had to come in and go
through the whole process and get their own business license and if there
are new therapists, they have to get licenses also. Mr. Bagato noted that
Planning usually signs off on those business licenses, so if they see them,
they double check that they are going to comply with the existing CUP.
Commissioner Schmidt explained what was disturbing to her, and maybe
Mr. Hargreaves could clear it up, but when it says that the CUP runs with
the land, it made her think of covenants, like CC&R's. What she was
hearing them say was that it was not a permanent thing at all; it has a
beginning, middle and an end. She asked if that was correct. Mr.
Hargreaves said no, it does run with the land and is permanent as long as
the conditions are complied with and the use is continuous. Now if there
was a lapse for a year, or if there were violations, then they have the
ability to revoke the CUP. They had to go through the process. Assuming
that the business complies with the conditions and there aren't any
problems with the business. CUPs generally have a provision in them that
allows the City to reopen them if there are problems with the business. Mr.
Bagato recalled Augusta's Restaurant and the issue with noise. That was
a CUP that was revoked for noncompliance. It was the same thing. Since
CUPs are studied for each specific location and the conditions of the
adjacent land uses, as well as the operation of the business applying, it
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PALM DESERT PLANNING COMMISSION MAY 19,2009
has to run with that land. As long as the business stays in compliance, it
could be there forever. Most restaurants have CUPs, but if it stops
operating and the space goes for a year without that use, then it becomes
invalid. But as long as it operates under the same conditions and the City
doesn't revoke it, it can run as long as the business is in place on the
same property.
Commissioner Schmidt asked if it was the owner of the property who
applies for the CUP, not the tenant. Mr. Hargreaves explained that the
owner has to sign off on the application, because ultimately it becomes
part of the entitlements on their property. Chairperson Tanner said it was
usually the applicant who obtains the CUP. Ms. Aylaian said typically they
do, but the owner has to approve it. For instance, the applicant tonight
was the owner of the property. Mr. Hargreaves clarified that the CUP is an
attribute of the land, it's not an attribute of any particular person so if the
owner sells the property, the CUP goes with the property. Chairperson
Tanner noted that they've had applicants come before them who were
renting space and were requesting a CUP, not the owner of the building.
The owner of the building has to sign off on the space, so the applicant
comes for a CUP and they either grant it or don't grant it. Ms. Aylaian said
that was correct, but the owner of the building on those, when they
actually get an application from an operator, the owner has also signed off
on that application. Mr. Bagato said that most of those applicants sign a
contingent lease stating that they would lease contingent upon receiving
approval. So the property owner has to be involved in the sense that they
are authorizing that person to apply, but it wasn't always the property
owners appearing before the Commission, most of the time it was the
applicant.
Commissioner Schmidt asked if staff knew of any other massage
applications forthcoming. Mr. Bagato said no, there weren't any right now.
Chairperson Tanner indicated that he and Commissioner Campbell were
on the Planning Commission when this went through the Coachella Valley
and there were several of the massage establishments raided, and he
thought they might be painting each massage parlor with the same brush.
He was very vocal against the City of Palm Desert becoming a massage
therapy city; and still is. But he also noted that Commissioner Campbell
made mention last time that we have approved these before and he
thought they need to continue, but continue on a case by case basis. He
wasn't sure a moratorium was the answer to this. He thought just the
research on the individuals coming before them was what was called for.
That was his comment.
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PALM DESERT PLANNING COMMISSION MAY 19 2009
Commissioner Limont agreed that there was a fine line of perception that
they needed to at least be aware of. She went through a knee
replacement surgery and she had to say that having a massage therapist
was the key to her recovery and it was incredibly important. The person
she went to was also in a medical building and was a massage therapist,
etc. Her concern, and she was talking about perceptions here and where it
got difficult was because how do they say to one person that yes, they can
go have their business over here, because there wasn't a high
concentration. But if they looked at the map, there were 11 licensed
massage establishments right in the El Paseo area. Four of them are on
El Paseo and she would guess that they are somehow associated with
salons or something along those lines; five on Highway 111 right in that
area. So if they look at the map, they are concentrated in that area and
that's where they run into the possibility. It was no different than having a
line of tattoo parlors; there is a perception that comes with it and she was
happy to know that they didn't have issues legally with licensing and
issues along those lines. That was first and foremost. She didn't know how
to approach this, because she certainly didn't want to see a lot more
businesses in this general area. So how do they limit them? It was difficult
to say, no, they couldn't do it. Maybe a thought was to say this was
something they really needed to discuss and so in the interim, maybe they
needed a moratorium.
Chairperson Tanner thought the discussion should be whether they should
allow them or not. They have 19 establishments in Palm Desert and do
they want to allow any more or not. Commissioner Campbell asked if they
wanted to allow more restaurants, or any more tattoo parlors?
Commissioner DeLuna thought it was different. Chairperson Tanner asked
how much more discussion and how much deeper they needed to get into
whether it's right or not right.
Commissioner DeLuna explained that her recommendation never had
anything to do with massage therapy in connection with salons and other
establishments. It was specifically the stand alone ones. She was still
concerned with public safety and would like to examine it a little more
closely and that's why she was calling for a temporary moratorium on
stand along massage establishments for 90 days, or 60 days, or 12
months.
Commissioner Schmidt indicated her concern was similar to what
Commissioner Limont was talking about. What really disturbed her is that
the only vehicle they seem to have, and hoped Mr. Hargreaves was
listening, is the CUP which runs with the land. In her past history, that was
a very serious exception to the normal codes for zoning and business
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PALM DESERT PLANNING COMMISSION MAY 19, 2009
practices. She asked if there was anything else, or any other vehicle, or
ordinances, that could accommodate these establishments other than a
CUP. She asked if they had ever looked at that. Mr. Hargreaves explained
that a CUP is a pretty flexible instrument. A CUP gave them the ability
when a business comes forward to examine the type of the business, the
area, and they could incorporate in the disbursement requirements, they
could say there are too many massage establishments in this area, go
somewhere else. It was very discretionary as long as they could identify a
reason for denying it if that was what they wanted to do and they could
craft it and say they would grant it for a year and at that time come back
and show there haven't been any negative impacts. There were a lot of
different kinds of things they could do. It was really their most flexible
entitlement.
Commissioner Schmidt noted that the approval they granted this evening
was forever, unless they go out of business or it's abandoned. Mr.
Hargreaves said that in the land use arena, there really wasn't any
entitlement that wasn't forever, although CUPs were probably the one
thing where they could say they would grant it for a year and review the
situation after a year. They could do that.
Commissioner Schmidt honestly felt, for a number of reasons, that since
there were no forthcoming applications, it was a marvelous time to take six
months or a year off in a sense and redefine what they want; she also
agreed with Commissioner Limont regarding concentrations of any kind of
business that is an exception to what is normal, like a clothing store or a
restaurant. She quite honestly would find it difficult to turn down this
gentleman this evening. She was making a statement by voting no. He
just went in and started building a business and then got the permits. She
didn't like that, so she wasn't in favor of giving him any kind of a
conditional use permit until he had dotted I's and crossed T's himself. And
they are in operation at the moment and the sign in front of the business
said massage therapist wanted. The perception was that he knew they
weren't going to turn him down. Commissioner Limont thought they gave
him 30 days right now. Mr. Hargreaves explained that until the CUP was
issued, he couldn't operate his business. He couldn't have customers
there or serve customers. If he went through tenant improvements and
fixed it up, it was at his own risk. Ultimately, if the Planning Commission
had turned him down, he would have been out of luck. Mr. Bagato
explained that he could have operated as a beauty salon and did the
massage after the fact, because the beauty salon is not a conditional use
permit. Initially he was opening as a beauty salon. What was explained to
staff was that the massage was added on. Ms. Schrader noted that there
was a condition of approval in the resolution that said he couldn't activate
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PALM DESERT PLANNING COMMISSION MAY 19, 2009
his conditional use permit for the massage until all of his issues with
Building & Safety were resolved. In that regard, they were clear. He did
receive a conditional occupancy that would only give the business 30
days, because staff wanted to put a timeline on that as well. They didn't
want that to be dragging on.
Commissioner Schmidt reiterated that the applicant could operate the
salon part of the business without the CO (Certificate of Occupancy). Ms.
Schrader said that was correct. She thought he had been operating his
salon for a while. Commissioner Schmidt commented that was frightening
too. Mr. Bagato explained that with a temporary one, he could be open to
the public. Ms. Schrader noted that he couldn't operate the massage
portion of it. Commissioner Limont clarified that it wasn't until all the
conditions were met that the CUP would go into effect. Ms. Schrader
stated that once they voted to approve it, then Building & Safety would be
notified that Planning needs to be notified when he is all clear to then
allow the conditional use permit to be activated for the massage portion of
his business. Commissioner Limont asked if they could have put a
condition on that CUP this evening saying that it was good for one year.
Could they have put those kinds of conditions on it? Mr. Hargreaves
recalled they did that with Augusta's. The initial CUP said come back in a
year, and it was conditional, and as long as there weren't any complaints,
then it would go forward. It was a little aggressive to say that this
conditional use lapses after one year, although he thought they could
probably do that. Typically what they would do is identify specific concerns
and say they would review it in a year. If these concerns haven't been
satisfactorily addressed, the CUP is over. Chairperson Tanner noted it is a
conditional use and they have to establish the conditions part.
With a moratorium, Mr. Bagato indicated that Chairperson Tanner's point
was they have to look at changing the ordinance or not, and that would be
the reason for the moratorium. Part of the discussion would have to be,
Palm Desert's commercial core is El Paseo and Highway 111. He said
there were 12 Starbucks between Deep Canyon and Target on Highway
111. That's where the commercial is in Palm Desert, so any time they are
going to have competing businesses like laundry mats and restaurants,
the majority of the time they will be on El Paseo and Highway 111 . He
asked them to keep that in mind that is the location of the majority of our
commercial area. Commissioner Campbell noted that the other ones are
on Country Club Drive. That is beginning to be commercial too.
Commissioner Schmidt asked for the definition of stand alone. Mr. Swartz
replied that the two cases before the Commission at the last meeting were
stand alone. He confirmed that they had no other associated uses.
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PALM DESERT PLANNING COMMISSION MAY 19, 2009
Commissioner Schmidt stated that she was in favor of saying no for a
while, studying this, and coming up with a better way of doing it.
Commissioner Campbell noted that it was under Miscellaneous so they
weren't voting on anything this evening.
Commissioner Limont thought they needed to clarify it as they go forward,
because that was only fair to folks coming in. They are walking a fine line
where they don't want to discourage people that want to do business in
our city that are legitimate, or give the wrong perception that we're the
massage parlor of the valley. She agreed that they needed to take a look
at it.
Commissioner Campbell asked about cosmeticians and if they wanted to
not allow hair dressers to come in. Commissioner Limont said it was
simply perception. There is a perception about massage for some folks.
Chairperson Tanner noted there was also a perception about nail studios.
Commissioner Limont said absolutely, she didn't disagree. Commissioner
Campbell asked how many there are. Chairperson Tanner asked if that
was something they were going to start looking at putting a moratorium
on: nail salons. Commissioner DeLuna noted that for a massage
establishment, the perception is different. The one she was referring to
had recent police activity that had nothing to do with what might go on in a
nail salon.
Chairperson Tanner recalled that when they were talking about asking for
a little bit of help from staff, the question was asked how many police calls,
with the exception of the establishment on Monterey that was closed down
two years ago, how many complaints and how many licenses have been
pulled as a result of police activity. Mr. Hargreaves acknowledged that
there have been problems. Chairperson Tanner said that was what they
needed to look at. They didn't have that in front of them. Commissioner
Campbell pointed out they weren't allowed to have that in front of them if
the police were doing an investigation. Chairperson Tanner clarified after
the ongoing investigation is over. Commissioner Campbell noted that then
they were already out of business anyway. Commissioner Limont asked if
staff could come back with anything that is public. Mr. Hargreaves agreed
they could come back with a report as to violations, revocations, actions,
including criminal actions in some cases. Commissioner Limont thought
that would help.
Commissioner DeLuna said it was her understanding that there were
ongoing investigations, and those they would not be privy too, and those
would not be included.
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PALM DESERT PLANNING COMMISSION MAY 19, 2009
Ms. Aylaian indicated that if they would like to direct staff to prepare a
resolution to pass on to the City Council recommending a moratorium,
they could bring it back at the next meeting, and with that they could
provide whatever information is public information and didn't involve any
ongoing investigations for discussion at that time. They could take a look
and see if there was a compelling reason to recommend a moratorium to
the City Council. At that time they would also have a resolution to
consider. Chairperson Tanner asked if it would be an agenda item at the
next meeting. Ms. Aylaian said yes. Commission agreed it should be on
the agenda. Commissioner DeLuna asked how they should direct staff.
Ms. Aylaian said they just did. Commissioner Schmidt felt the City
Attorney also needed to visit it. Mr. Bagato asked if they should have the
Planning Commission direct staff by minute motion to draft a moratorium.
Ms. Aylaian didn't know that they needed an official motion. It appeared
that there was enough interest and they requested that they put it on the
next agenda for their consideration.
Mr. Hargreaves asked for clarification that what they were looking for
would then be a recommendation by the City Attorney as to how to
address the civil and criminal issues that may arise with respect to this
business. Commissioner Schmidt said yes, and the exposure for denial of
some of these CUPs. Were they within their rights to say no to some
applications? Mr. Hargreaves said they were within their rights to not allow
them from here on out. They could decide they don't like them and so they
weren't going to allow them period. Commissioner Schmidt recalled that
last time he remembered that at one point there was a moratorium on all
of them. Mr. Hargreaves said it was his recollection that at one point the
only way a massage business could operate was in conjunction with a
resort hotel or something like that. And then a decision was made to open
it up, but they could close it back down, although the existing businesses
would become legal nonconforming and would have a right to exist. If they
were going to allow them, then with a conditional use process needed to
have standards and each business needed to be judged against those
objective standards which sometimes could be pretty subjective. But if
they denied it, they had to give reasons, they couldn't just say they didn't
like the way they looked. There had to be identifiable reasons and that's
why when they direct staff to come back with a resolution of denial, the
Planning Commission makes particular findings for denial. They did that
with the residential use this evening. They identified specific reasons they
would not allow it. Ultimately, they could get challenged and a court could
actually review that record and the court would accord due deference to
the decision of the Planning Commission and the City Council. It rarely
happens. Commissioner Schmidt thought it was important to hear the
legal side of it before they do a moratorium. Commission Limont noted
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PALM DESERT PLANNING COMMISSION MAY 19, 2009
that they could send it to Council. Commissioner Schmidt understood, but
even before they recommend it, she would prefer to receive this
information first. Ms. Aylaian said that what they do and what the Council
does by declaring a moratorium is essentially give the City Attorney and
staff time to investigate changing the ordinance. It freezes the issuance of
CUPs for massage establishments while the issue is further investigated.
They could come back then and look at ways to revise the ordinance to
reflect what the current appropriate use would be in Palm Desert for
massage establishments.
To clarify, Mr. Bagato thought he heard that the discussion was just for
stand-alone establishments. If someone was doing a salon and wanted to
request one, they weren't asking for a moratorium on those.
Commissioner DeLuna said that was correct.
Chairperson Tanner asked for the pleasure of the Commission. Did they
want this as an agenda item or miscellaneous conversation?
Commissioner Campbell noted that it should be under Miscellaneous
again. Ms. Aylaian said that it could an agenda item under Miscellaneous
without being a public hearing item. Commissioner Schmidt asked for
clarification that they couldn't really take an action tonight. They wanted to
be able to move on it next time. Ms. Aylaian said that was correct.
Mr. Bagato asked Mr. Hargreaves if the Planning Commission, by minute
motion, could move it to City Council, even under Miscellaneous.
Miscellaneous is an agenda item, because it wouldn't be a public hearing
item or a consent calendar item at the next meeting. Mr. Hargreaves
explained that the more formal way to do it would be to direct staff to come
back with a resolution requesting that the Council impose a moratorium. If
they wanted to do it by minute motion, they could go forward that way and
no one would care or object. It would be no harm, no foul. If they really
wanted to go forward, they could probably do it without running into any
problem, but someone could say look, there is nothing on the agenda that
alerted me to the fact that they were considering a moratorium. That was
his concern.
Commissioner Schmidt requested that it be an agenda item.
Commissioner Limont concurred. Ms. Aylaian said staff would do that.
Chairperson Tanner reiterated that the Planning Commission was asking
for this to be an agenda item for their June meeting. Mr. Bagato didn't
know when the next scheduled meeting would be and someone could
apply for a CUP within the three weeks for a massage parlor. They didn't
have a meeting scheduled for June 2, and they didn't have anything for
June 16 right now either. Commissioner Limont noted they wouldn't have
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PALM DESERT PLANNING COMMISSION MAY 19, 2009
to approve it. Mr. Bagato indicated that someone could still apply until it
gets on an agenda. Staff could let people know that a moratorium is being
pursued if they ask for it. Ms. Aylaian agreed that they could advise
applicants who might come in of potential change in direction coming at
the next meeting. Commissioner concurred. Ms. Aylaian stated that at the
next meeting where they have public hearing items scheduled for
consideration, and at this point there wasn't anything scheduled for June
2, but the next time they did, as a Miscellaneous item, staff would come
back with a resolution they could consider, and some additional
information, and they could actually take action on that Miscellaneous item
recommending that a moratorium be recommended to the City Council.
Action:
None.
X. COMMITTEE MEETING UPDATES
A. ART IN PUBLIC PLACES
Commissioner Campbell stated that the next meeting would be May
20.
B. LANDSCAPE COMMITTEE
Commissioner Limont commented that May 20 was their next
meeting.
C. PARKS & RECREATION
Chairperson Tanner noted that the next meeting would be the first
Tuesday in June.
D. PROJECT AREA 4 COMMITTEE
Commissioner Schmidt reported that the meeting was canceled.
XI. COMMENTS
None.
33
CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
REQUEST: Receive and File Report on Massage Establishments in the City of
Palm Desert.
SUBMITTED BY: Kevin Swartz
Assistant Planner
DATE: May 19, 2009
I. BACKGROUND:
At the Planning Commission meeting held on April 21 , 2009, the Commission
asked staff to survey and find out how many licensed massage establishments
the City of Palm Desert has, and how many are still operating under a
Conditional Use Permit (CUP).
II. DISCUSSION:
All massage establishments in the City of Palm Desert must apply for a CUP. A
CUP runs with the land, not with the applicant, has conditions of approval
attached, and may be revoked at any time. If a CUP has been approved for a
particular building or suite that has not been vacant for more than one year,
another individual with the same use can lease that building or suite without
having to apply for a new CUP, subject to the same conditions of approval. Once
a CUP is approved, the applicant then applies for a business license with the City
of Palm Desert. In order for Business License to approve a massage
establishment license, the applicant must go through the Police Department for a
background check. This process takes approximately 30 to 60 days to complete,
and based upon the background check, the Police Department can deny the
issuance of a business license.
While researching massage establishments, staff found that the City has
approved 19 Conditional Use Permits. Out of the 19 CUP's, 12 are for
independent stand alone massage establishments. The remaining 7 are
considered a secondary use within an existing business, with the primary use
including salons, skin care, pilates, yoga, and chiropractors. Additionally, the
Marriott Desert Springs has a spa, which includes massage that was approved
during the entitlement process, and did not need a CUP. For the purpose of this
summary report, staff broke massage establishments down into the following:
Staff Report
May 19, 2009
Page 2of2
independent massage establishment, massage establishments as a secondary
use, and massage establishments within a hotel. Below is a chart summarizing
the findings.
Approved Independent Massage Massage
CUP'S Massage Establishments Establishments
Establishments as a Secondary Within a Hotel
Use
19 12 7 1
111. ATTACHMENTS:
A. Aerial map showing locations of massage establishments
B. Planning Commission minutes dated April 22, 2009
Submitted By:
KEVIN SWARTZ
Assistant Planner
Approval:
LAURI AYLAIAN
Director of Corn ity Development
HOMER CRO
ACM, Development Services
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MINUTES
PALM DESERT PLANNING COMMISSION APRIL 21, 2009
Action:
It was moved by Chairperson Tanner, seconded by Commissioner
Campbell, by minute motion, appointing Commissioner Mari Schmidt as
the Project Area 4 Committee representative. Motion carried 4-0
(Commissioner Limont was absent).
XII. COMMENTS
+�••�► 1. Regarding the massage establishments tonight, Commissioner
DeLuna expressed concern about the rising tide. She has watched
over the last few years and these types of establishments tend to
cause other issues, legal issues, and if they want to stem that tide,
she would like to make a recommendation, to ask that staff be
directed to look into a moratorium for stand-alone massage
establishments, not necessarily to recommend simply a radius
restriction, but tying it to lack of other services included.
Chairperson Tanner said they would need a motion to request staff
to look into this. They were on record now. They had gone on
record before asking staff to look at the number of establishments
within an area, but this took it one step further and requested a
report, not at the first meeting in May, but at staff's convenience
during the next couple of months. Mr. Bagato said that if it involved
a moratorium, that would have to be initiated by the City Council. If
it was a formal request by the Planning Commission, staff would
take it up to City Council for that initiation.
Chairperson Tanner asked if they were asking for the moratorium at
this time, or just a study leading to the potential for a moratorium.
He thought they might be putting the cart before the horse if they
asked for the moratorium. Commissioner DeLuna clarified that she
asked that staff be directed to look into it. Mr. Bagato asked for
clarification on what data staff should include. Chairperson Tanner
replied the per capita ratio. Commissioner DeLuna said the type of
police reports and demographics. Commissioner Schmidt added
longevity. Are they still in business? When did they start? That type
of thing; and the legality of a moratorium. Mr. Hargreaves also
suggested including any impacts on surrounding businesses. He
thought what they probably wanted to do was direct staff to come
back with a report for the whole Commission and then at that point
decide as a Commission if they wanted to make a recommendation
to the City Council.
9
MINUTES
PALM DESERT PLANNING COMMISSION APRIL 21, 2009
Commissioner Schmidt asked if there were any pending
applications coming to them. Mr. Bagato said yes, there was one
that would come before them in May. If a moratorium was adopted
now, it would impact that one. He said staff could come back with
an updated report, because since 2007 they have processed a few
more CUPs. As well, some may have gone out of business. They
would update the numbers and return with another report when
staff presents the next request for a massage, which would be at
the second meeting in May (May 19).
Chairperson Tanner thought that was fine and asked if that worked
for Commissioner DeLuna. She concurred. Chairperson Tanner
indicated that at that point, they could decide whether to accept the
applicant or put them on hold until the moratorium was
contemplated by Council, if they so directed.
Commissioner Schmidt summarized that staff would do a study and
present it to the Planning Commission at a regular meeting. The
Commission could move to send it on to Council and it would
appear on the earliest possible Council agenda. Mr. Bagato said
that was correct. Commissioner Campbell noted that the staff report
would appear under Miscellaneous on the Planning Commission
agenda. Mr. Bagato concurred.
Commissioner Schmidt asked Mr. Hargreaves what the grounds for
a moratorium would be. Mr. Hargreaves said an eminent threat to
the public health and safety. They would have to say that they need
a chance to study this in depth because they are concerned about
public health and safety kinds of issues, and they could put a
moratorium in place until that process is done. Commissioner
Schmidt indicted that not the least of which would be to that
beautiful young woman in that location. Mr. Hargreaves said that
when they talk about a moratorium, there are temporary
moratoriums which are put in place to give them time to study them,
or there could be a permanent ban on any additional stand-alone
massage establishments. Commissioner Schmidt asked if they
could limit the number in operation at any given period of time. If
one closed, another could come in. Mr. Hargreaves said they
needed to have some objective basis for limitations, but they could
ban them outright; they could ban stand-alone massage. And he
thought for years there was a ban on stand-alone massage; at one
point massage had to be attached to resort hotels and then later on
it opened up. Commissioner Schmidt thought it would be helpful to
revisit that ordinance. Mr. Hargreaves said it might be his faulty
10
MINUTES
PALM DESERT PLANNING COMMISSION APRIL 21, 2M
recollection, but that's what he remembered. Commissioner
Campbell thought he was right. She also felt that if they had
something like this on it, and they had to really prove health issues,
that wouldn't be easy to do. The same thing with restaurants with C
letters instead of A letters. So would they be banned also because
of that C letter? It would be the same thing.
Commissioner DeLuna thought that when they addressed public
safety, there are some legal issues and some police issues. She
had spoken to Lt. Shouse and there are some police issues which
she could enter into the consideration of public safety which weren't
before them now, but could weigh in on how they feel about
handling massage establishments as well. She thought that if staff
could do a study, or whatever process staff goes through, they
would at least have some information. Chairperson Tanner agreed
that it was certainly worth looking into; there was no question about
that.
One question he had was if it was a miscellaneous item on May 19,
if the massage establishment conditional use permit would come
before them as part of that, or if it would be put on hold. Mr. Bagato
said that the conditional use permit would be under public hearings,
and then as a follow-up under miscellaneous, they would talk about
the report and the number of them in existence today since the
previous report, and look up some additional data per capita and
see what quick reports they could get from the police department.
He didn't know what kind of police data they wanted to provide at
this time, because they wanted to do the moratorium to give them
time to research it from a public health and safety standpoint.
Chairperson Tanner asked if that issue would come before them
prior to staff's report. Mr. Bagato said it would be at the same
meeting, but public hearings follow miscellaneous, so it would be
up to them whether or not they wanted to continue it based on what
they decided to do from information in the report. Commissioner
Campbell didn't think that was fair to the applicant. Chairperson
Tanner agreed. Commissioner Campbell thought the proposed
conditional use permit should be taken up on its own and kept
separate from staff's report under miscellaneous.
Commissioner Schmidt asked about the location of the proposed
CUP case. Mr. Bagato didn't recall. Commissioner Campbell noted
that they couldn't discuss it at this time because it wasn't on the
agenda. Chairperson Tanner agreed.
11
MINUTES
PALM DESERT PLANNING COMMISSION APRIL 21. 2009
Action:
It was moved by Chairperson Tanner, seconded by Commissioner
Campbell, by minute motion, appointing Commissioner Mari Schmidt as
the Project Area 4 Committee representative. Motion carried 4-0
(Commissioner Limont was absent).
XII. COMMENTS
1 . Regarding the massage establishments tonight, Commissioner
DeLuna expressed concern about the rising tide. She has watched
over the last few years and these types of establishments tend to
cause other issues, legal issues, and if they want to stem that tide,
she would like to make a recommendation, to ask that staff be
directed to look into a moratorium for stand-alone massage
establishments, not necessarily to recommend simply a radius
restriction, but tying it to lack of other services included.
Chairperson Tanner said they would need a motion to request staff
to look into this. They were on record now. They had gone on
record before asking staff to look at the number of establishments
within an area, but this took it one step further and requested a
report, not at the first meeting in May, but at staff's convenience
during the next couple of months. Mr. Bagato said that if it involved
a moratorium, that would have to be initiated by the City Council. If
it was a formal request by the Planning Commission, staff would
take it up to City Council for that initiation.
Chairperson Tanner asked if they were asking for the moratorium at
this time, or just a study leading to the potential for a moratorium.
He thought they might be putting the cart before the horse if they
asked for the moratorium. Commissioner DeLuna clarified that she
asked that staff be directed to look into it. Mr. Bagato asked for
clarification on what data staff should include. Chairperson Tanner
replied the per capita ratio. Commissioner DeLuna said the type of
police reports and demographics. Commissioner Schmidt added
longevity. Are they still in business? When did they start? That type
of thing; and the legality of a moratorium. Mr. Hargreaves also
suggested including any impacts on surrounding businesses. He
thought what they probably wanted to do was direct staff to come
back with a report for the whole Commission and then at that point
decide as a Commission if they wanted to make a recommendation
to the City Council.
9
MINUTES
PALM DESERT PLANNING COMMISSION APRIL 21 2009
Commissioner Schmidt asked if there were any pending
applications coming to them. Mr. Bagato said yes, there was one
that would come before them in May. If a moratorium was adopted
now, it would impact that one. He said staff could come back with
an updated report, because since 2007 they have processed a few
more CUPs. As well, some may have gone out of business. They
would update the numbers and return with another report when
staff presents the next request for a massage, which would be at
the second meeting in May (May 19).
Chairperson Tanner thought that was fine and asked if that worked
for Commissioner DeLuna. She concurred. Chairperson Tanner
indicated that at that point, they could decide whether to accept the
applicant or put them on hold until the moratorium was
contemplated by Council, if they so directed.
Commissioner Schmidt summarized that staff would do a study and
present it to the Planning Commission at a regular meeting. The
Commission could move to send it on to Council and it would
appear on the earliest possible Council agenda. Mr. Bagato said
that was correct. Commissioner Campbell noted that the staff report
would appear under Miscellaneous on the Planning Commission
agenda. Mr. Bagato concurred.
Commissioner Schmidt asked Mr. Hargreaves what the grounds for
a moratorium would be. Mr. Hargreaves said an eminent threat to
the public health and safety. They would have to say that they need
a chance to study this in depth because they are concerned about
public health and safety kinds of issues, and they could put a
moratorium in place until that process is done. Commissioner
Schmidt indicted that not the least of which would be to that
beautiful young woman in that location. Mr. Hargreaves said that
when they talk about a moratorium, there are temporary
moratoriums which are put in place to give them time to study them,
or there could be a permanent ban on any additional stand-alone
massage establishments. Commissioner Schmidt asked if they
could limit the number in operation at any given period of time. If
one closed, another could come in. Mr. Hargreaves said they
needed to have some objective basis for limitations, but they could
ban them outright; they could ban stand-alone massage. And he
thought for years there was a ban on stand-alone massage; at one
point massage had to be attached to resort hotels and then later on
it opened up. Commissioner Schmidt thought it would be helpful to
revisit that ordinance. Mr. Hargreaves said it might be his faulty
10
MINUTES
PALM DESERT PLANNING COMMISSION APRIL 21, 2009
recollection, but that's what he remembered. Commissioner
Campbell thought he was right. She also felt that if they had
something like this on it, and they had to really prove health issues,
that wouldn't be easy to do. The same thing with restaurants with C
letters instead of A letters. So would they be banned also because
of that C letter? It would be the same thing.
Commissioner DeLuna thought that when they addressed public
safety, there are some legal issues and some police issues. She
had spoken to Lt. Shouse and there are some police issues which
she could enter into the consideration of public safety which weren't
before them now, but could weigh in on how they feel about
handling massage establishments as well. She thought that if staff
could do a study, or whatever process staff goes through, they
would at least have some information. Chairperson Tanner agreed
that it was certainly worth looking into; there was no question about
that.
One question he had was if it was a miscellaneous item on May 19,
if the massage establishment conditional use permit would come
before them as part of that, or if it would be put on hold. Mr. Bagato
said that the conditional use permit would be under public hearings,
and then as a follow-up under miscellaneous, they would talk about
the report and the number of them in existence today since the
previous report, and look up some additional data per capita and
see what quick reports they could get from the police department.
He didn't know what kind of police data they wanted to provide at
this time, because they wanted to do the moratorium to give them
time to research it from a public health and safety standpoint.
Chairperson Tanner asked if that issue would come before them
prior to staff's report. Mr. Bagato said it would be at the same
meeting, but public hearings follow miscellaneous, so it would be
up to them whether or not they wanted to continue it based on what
they decided to do from information in the report. Commissioner
Campbell didn't think that was fair to the applicant. Chairperson
Tanner agreed. Commissioner Campbell thought the proposed
conditional use permit should be taken up on its own and kept
separate from staff's report under miscellaneous.
Commissioner Schmidt asked about the location of the proposed
CUP case. Mr. Bagato didn't recall. Commissioner Campbell noted
that they couldn't discuss it at this time because it wasn't on the
agenda. Chairperson Tanner agreed.
11
Memorandum
To: Bob Hargreaves CLIENT-MATTER No.: 72500.00001
Dave Erwin
FROM: Jill Tremblay
DATE: February 6, 2009
RE: SB 731 and Revisions to Municipal Code
1. Background Information
Senate Bill 731 (`SB 731') substantially limits the City's ability to regulate
massage businesses and consequently preempts portions of the Municipal Code.
This memorandum 1) outlines the scope of permissible local regulation under SB
731, 2) reviews the portions of the ordinance affected by SB 731, and 3) offers a draft ordinance
with alternative language that complies with the new restrictions.
II. Analysis
Local Massage Regulation Under SB 731
Under SB 731, massage professionals may obtain voluntary state certification.
There are two levels of state certification: practitioner and therapist. Therapists have more
stringent educational requirements than practitioners. The industry will be regulated by the
Massage Therapy Organization (`MTO'), a non-profit organization created by SB 731. The
MTO may begin issuing certifications on September 1, 2009. Once massage professionals
obtain MTO certification, they will be exempted from local regulations as discussed in more
detail, below. It is important to remember that only MTO-certified professionals are exempted.
If a massage business employs any professional without an MTO certification, all current local
regulations are enforceable.
Impermissible Local Regulations
SB 731 prevents the City from 1) requiring MTO-certified licensees to obtain a
local massage permit, 2) imposing specified land use restrictions and 3) requiring massage
businesses meet unique building standards. (See Bus. & Prof. Code, § 4612.) Specifically, local
ordinances may only impose zoning and land use restrictions on massage businesses to the extent
that they are uniformly applied to `other professional and personal services.' Additionally,
localities are prohibited from imposing certain building requirements on massage businesses.
RMPUBVTREMBLAY\303349.1
Local ordinances may not 1) require additional restroom, shower or other facilities that are not
uniformly applicable to other professional and personal services, 2) require unlocked doors when
there is not adequate staff to ensure security for staff and clients and 3) require windows that
provide a view into massage rooms that interfere with clients' privacy.
Permissible Local Regulations
In addition to regulations conforming to the limitations discussed above, SB 731
permits the City to 1) impose health and safety requirements on massage businesses, 2) require
all massage businesses obtain business licenses, and 3) to enforce state and local massage
regulations. SB 731 allows the City to adopt reasonable health and safety requirements for
massage businesses. The statute explicitly identifies `requirements for cleanliness of massage
rooms, towel and linens, and reasonable attire and personal hygiene requirements' as permissible
examples. (Bus. and Prof. Code § 4612(b)(6).)
The City may also require all massage businesses, even those employing only
MTO-certified professionals, to obtain business licenses. SB 731 expressly permits the City to
require applicants provide relevant information, investigate the accuracy of the information
provided, and deny or otherwise restrict the business license for providing false information. In
addition, the City may require MTO-certified professionals file a copy of their MTO certification
with the City.
Lastly, the City may enforce state and local massage regulations. The City may
conduct inspections during regular business hours to ensure compliance with state and local
massage regulations and local fire or health and safety requirements. The City may also require
the owner or operator of a massage business to notify it before a massage business is renamed or
changes management or ownership.
Portions of the Municipal Code Affected By SB 731
Below is an overview of municipal code sections affected by SB 731.
a. Zoning
Currently, the City's zoning regulations on massage establishments are more
stringent than other personal care businesses. For example, massage establishments are only
permitted by conditional use permit in the following areas: C-1, general, PC, planned
commercial, O.P., office professional and S.I., service industrial. (PDMC §5.87.040). By
contrast, barber or beauty shops are permitted in C-1 and El Paseo Pedestrian Commercial
Overlay zones without a conditional use permit. As SB 731 requires that the City's zoning
restrictions for MTO-licensed massage businesses are no more restrictive than those uniformly
imposed on other personal or professional businesses, this divergent treatment is not permissible.
Of course, this provision is not applicable to non MTO-licensed massage businesses (i.e. an
establishment where at least one massagist is certified under the Coachella Valley Model
Massage Ordinance.)
Accordingly, at the very least, SB 731 prevents the City from imposing more
restrictive zoning regulations on MTO-certified massage businesses than other personal and
- 2 -
RMPU B\JTREM BLAY\303349.1
professional service businesses. SB 731 does not indicate which businesses would be considered
personal or professional. However, a reasonable construction of the statute would include
businesses associated with peoples' physical maintenance and wellbeing. Based on this
interpretation, the City should not impose more stringent zoning requirements on MTO-licensed
massage businesses than those imposes on barber/beauty shops, tattoo parlors, opticians,
pharmacies, day spas, and the like.
b. Permitting_Requirements
The current Coachella Valley Model Massage Ordinance requires massage
technicians and massage establishments to obtain City permits and sets forth procedures for
doing so. Individual massage technicians must possess a permit before they may practice in the
City. However, these requirements are preempted by SB 731 where the massagist has obtained
his or her permit from the MTO. Similarly, the model ordinance requires all massage businesses
to obtain a massage establishment permit. This requirement is preempted by SB 731 where the
sole proprietor of the massage establishment is an MTO-certified massagist and/or where all
employed massagists are MTO-certified. The cities that have adopted the Coachella Valley
Model Massage Ordinance should keep these provisions in their respective municipal codes, but
carve out an exemption for MTO-certified massagists and establishments. This ensures that the
ordinance complies with SB 731 while allowing the City to continue regulating massagists and
businesses certified under the model ordinance.
c. Building Standards
The City's ordinance imposes specific building standards on massage
establishments. However, MTO-certified massage establishments have particular requirements
that preempt any conflicting City requirements. Specifically, Business and Professions Code
section 4612(b)(5) states:
Local building code or physical facility requirements applicable to
massage establishments or businesses shall not require additional
restroom, shower, or other facilities that are not uniformly
applicable to other professional or personal service businesses, nor
shall building or facility requirements be adopted that (A) require
unlocked doors when there is no staff available to assure security
for clients and massage staff who are behind closed doors, or (B)
require windows that provide a. view into massage rooms that
interfere with the privacy of clients of the massage business.
Please note that the abovementioned requirements only apply to MTO-certified
establishments.
Potential Amendments to the Proposed Ordinance
A redline version of Palm Desert Municipal Code Chapter 5.87 and Chapter 5.90
relating to Massage Establishments and Massagists, and Massagist Permits, respectively, is
attached.
- 3 -
RMPUBUTREMBLAY\303349.1
Chapter 5.87 MASSAGE ESTABLISHMENT AND MASSAGISTS
5.87.020 Definitions.
Unless the particular provision or the context otherwise requires, the definitions and
provisions contained in this section shall govern the construction, meaning and application of
words and phrases used in this Chapter:
City-certified massage establishment means a massage establishment or business that is
either a sole proprietorship, where the sole proprietor is certified by.the City pursuant to Chapter
5 9 -1r n1assage establishment o1 ]x>siness that employs at least one; massal ist that has been
certified pursuant to section 5.90.
City manager means the city manager of the city of Palm Desert, or his or her designated
representative.
Communicable disease means tuberculosis,hepatitis, or any disease which may be
transmitted to a patron through normal contact during the performance of any massage service,
and does not include venereal or sexually transmitted diseases, which would not be transmitted
to patrons through normal contact during the performance of any massage service.
Day spas are places where baths, steam, sauna,body wraps, salt glows and other
exfoliating treatments hot and cold packs, compresses and other forms of hydrotherapy,are
liven as__ti-..ell.��s facials, exercise classes all spices being directed toward health.
Director means the director of finance or his or her delegated representative.
Employee means any person over eighteen years of age other than a massagist who
renders any service in connection with the operation of massage business and receives
compensation from the operator of the business or patrons.
Manager shall mean the person(s) designated by the operator of the massage
establishment to act as the representative and agent fo the operator in managing day-to-day
operations with the same liabilities and responsibilities as the operator. Evidence of management
includes but is not limited to evidence that the individual has power to direct or hire and dismiss
employees, control hours of operation, ereat:e policy or rules or purchase supplies. A manager
may also be an operator. A massage technici n pernlit is not required to be a manager. A
manager may not perform any massage services without first meeting the standards and
ualifications of Section 5,90.060 and obtaining a technician permit or being exempt from city
ennitting requirements pursuant to Section 5.90.020.
Massage means any method of pressure on, or friction against, or stroking, kneading,
rubbing,tapping, pounding, vibrating, or stimulating the external parts of the human body with
the hands or with the aid of any mechanical or electrical apparatus or appliances,with or without
supplementary aids such as creams, ointments, or other similar preparations commonly used in
the practice of massage, under such circumstances that it is reasonably expected that the person
1
I RMPUBUTREMBLAY\304408.1
to whom the treatment is provided or some third person on his or her behalf will pay money or
give any other consideration or any gratuity therefor.
Massage establishment means any establishment having a source of income or
compensation derived from the practice of massage as defined in this section, and which has a
fixed place of business where any person, firm, association or corporation engages in or carries
on any of the activities defined as massage in this section.
Massage Therapy Organization (or MTO)means a state-organized non-profit
organization created to regulate the massage industry as set forth in Chavter 10.5 of Division ? of
We-,B siness and Professiotia i Code of the state (commencing with Section 4600).
Massagist means any person who, for any consideration whatsoever, engages in the
practice of massage as defined in this section at any permitted establishment. The terms
"massage therapist,""massage practitioner,"or any other terms u, , within the massage_nd stry
are included within this defin;ifion,.tor tlic_t�urposes of this ordinance_This definition shall also.
include anyone operating pursuant to a valid "massage therapist"or"massage practitioner"
certification issued by the Massage Therapy Organization.
MTO-ce tified_establishment is a massage establishment or business that is either a sole
proprietorship, where the sole proprietor is certified pursuant to Section 5.87.???, or massage
establishment or burin that ein to s r se onlypersonscertified ur uant t ti n
..............._
5.87.??? to rovidemassage..sereices.
MTO-certified massage practitioner means a massage practitioner certified by the MTO
under subdivision (c) of Section 4601 and who administers massage for compensation.
_MTO-certified massage therapist means a massage therapist certified by the MTO_under
subdivision (b) of Section 4601 and who administers massage for compensation.
—Outcall massage service means any business,the function of which is to engage in or
carry on massages at a location designated by the customer or client rather than a massage
establishment as defined in subsection E.
Permittee means the person to whom a permit has been issued.
Publicly traded corporation shall be a corporation whose stock is traded on the New
York, American, Pacific or NASDAQ Exchanges.
Police chief means the chief of the police department of the city of Palm Desert, or his or
her designated representative.
Recognized school of massage means any school or educational institution licensed or
approved in the state it is located, whose purpose it is to upgrade the professionalism of
massagists and which teaches the theory, ethics,practice,profession or work of massage; which
requires a resident course of study before the student shall be furnished with a diploma or
certificate of graduation from such school or institution of learning following the successful
completion of such course of study or learning. Schools offering a correspondence course not
2
RMPUBVTREMBLAW04408.1
requiring actual attendance shall not be deemed a recognized school. The city shall have a right
to confirm that the applicant has completed a certificate program from a recognized school.
Specified anatomical areas means:
I. Less than completely and opaquely covered human genitals,pubic region, anus,
or female breasts below a point immediately above the top of the areola; or
2. Human male genitals in a discernibly turgid state, even if completely and
opaquely covered. (Ord. 993 § 3 (part), 2002; Ord. 870 § 2 (Exhibit A) (part), 1998)
5 87 030 Macsanp PstabInshments—Permit Required. 5:
A. Requirements. Excet)t as provided in Section 5,87.085. ilt is unlawful for any
person, association,partnership or corporation to engage in, conduct, carry on or upon any
premises within the city, the business of a massage establishment, as defined in this chapter,
without possessing a permit issued pursuant to the provisions of this chapter for each and every
separate office or place of business conducted by the above. The permit fee required by this
chapter shall be in addition to any other license,permit or fee required under any of the
provisions of this code.
IB. Authorization. Except as provided in Section 5.87.085. nNeither the filing of an
application for the permit, nor payment of any other license,permit or fee required under any
other provision of this code shall authorize the engaging, conducting or carrying on of a massage
establishment.
C. Application Fee. The application fee for a massage establishment permit shall be
five hundred dollars and shall be used to defray the cost of investigation and processing as set
forth herein. The fee set forth in this section shall be in effect until the city council shall,by
resolution, fix some other rate based upon a cost factor.
D. Renewal of Permit. Except: as provided in Section 5.87.085, aAll permits shall
expire one year from the date it is issued. Applications for renewal of a permit shall be made
sixty days prior to the expiration date of the permit. The renewal application fee for a massage
establishment permit shall be one hundred dollars. Said renewal application fees are
nonrefundable and shall be used to defray the cost of investigation and processing said renewal
applications. The fee set forth in this section shall be in effect until the city council shall,by
resolution, fix some other rate based upon a cost factor. (Ord. 993 § 3 (part), 2002; Ord. 870 § 2
(Exhibit A) (part), 1998)
5.87.040 Massage establishments—Location.
A. Except as 1rovided for in Section 5.87.085. aAll massage establishments will
require approval of a conditional use permit per Chapter 25.72 of the zoning ordinance.
B. Zones permitted by conditional use permit: C-1, general, PC, planned
commercial, O.P., office professional and S.I., service industrial.
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RMPUBUTREMBLAY\304408.1
C. Massage shall also be permitted subject to approval of a conditional use permit as
an accessory use with hotels,beauty salons, day spas, athletic clubs and other health service or
educational institutions in those zones where they are permitted and approved. (Ord. 898, 1998;
Ord. 870 § 2 (Exhibit A) (part), 1998)
5.87,050 Nonconforming uses and permits.
A. Establishments. All establishments legally permitted to offer massage on January
1, 1998,but which are in noncompliance as a result of amendment to this chapter shall be
deemed legal nonconforming and will be allowed to continue operation provided they are in
compliance with all limitations and requirements of their original permit except as noted below.
Any expansion of massage services beyond those specified in the original approval shall require
a conditional use permit. (Ord. 993 § 3 (part), 2002; Ord. 870 § 2 (Exhibit A) (part), 1998)
5,87,060 Building requirements for massage establishments.
In addition to the requirements of the zoning and building codes, the following additional
requirements shall be met by massage establishments:
A. A recognizable and readable sign shall be posted at the main entrance identifying
the establishment; provided, that all such signs shall comply with the sign regulations of the city.
B. Fire and Safety Requirements. Maximum occupancy load, fire exits, aisles and
fire equipment shall be regulated, designed and provided in accordance with the fire department
and building department regulations and standards.
C. Building Openings. All building openings, entries, windows, etc., shall be located,
covered or screened in such a manner as to prevent a view from the outside of the building into
dressing rooms, treatment rooms, restrooms, and other areas where patrons of the business may
not be fully dressed.
D. Lighting in Parking Lots. Lighting shall be in compliance with Chapter 24.16 of
the municipal code.
E. Construction of rooms used for toilets,baths and showers shall be made
waterproof with approved waterproofed materials and shall be installed in accordance with the
city building code. Plumbing fixtures shall be installed in accordance with the city plumbing
code:
1. Steam rooms and shower compartments shall have waterproof floors,walls and
ceilings approved by the city;
2. Floors of wet and dry heat rooms shall be adequately pitched to one or more floor
drains properly connected to the sewer. Exception: dry heat rooms with wooden floors need not
be provided with pitched floors and floor drains;
3. A source of hot water must be available within the immediate vicinity of dry and
wet heat rooms to facilitate cleaning.
4
RMPUBVTREMBLAY\304408.1
F. Toilet facilities shall be provided in convenient locations. When employees and
patrons of different sexes are on the premises at the same time, separate toilet facilities shall be
provided for each sex. A single water closet per sex shall be provided for each twenty or more
employees or patrons of that sex on the premises at any one time. Urinals may be substituted for
water closets after one water closet has been provided. Toilets shall be designated as to the sex
accommodated therein;
G. Hot and cold running water under pressure from a potable source shall be
provided to all washbasins,bathtubs, showers, and similat facilities. Each water basin shall be
provided with soap or detergent and single-service towels placed in permanently installed
dispensers. A trash receptacle shall be provided in each room where such facilities are located. In
addition to the washbasin provided for patrons, a minimum of one separate washbasin shall be
located within or as close as practicable to each area in which massages are administered and
baths taken.
H. Provide minimum lighting in accordance with the Uniform Building Code, and in
addition, at least one artificial light of not less than forty watts shall be provided in each enclosed
room where massage services are being performed on a patron. (Ord. 870 § 2 (Exhibit A) (part),
1998)
5,87,070 SDecial events permit required.
When extra massagists are required for a special event at or organized by an approved
massage establishment, the owner,manager, or operator of the establishment must supply the
city with a list of massagists who will be working at the event, copies of their certifications,
copies of licenses they may hold in other cities or under the MTO, and any other information the
city may reasonably require,not less than two weeks before the date of the event, and pay a fee
for a one-day permit, the amount of the fee to be set by the city council. Nothing in this section is
to be construed to permit such massagists from performing massage at any other location in the
city at any other time,unless each massagist has fulfilled the requirements of Chapter 5.90 and
has a current permit to perform massage or has been licensed by the MTO. (Ord. 993 § 3 (part),
2002; Ord. 870 § 2 (Exhibit A) (part), 1998)
5.87.080 Application for massagist's permit—Types of permits.
A. 4:;;xcepj: as provided in Secuoll 5. 7.0S?. aAny person desirous of engaging in the
practice of massage, as massage is defined in this chapter, must first secure either a site specific
or citywide massagist's permit. Application shall be made to the city manager in the same
manner as provided herein for massage establishment permits. The application shall contain the
following:
1. The business address and all telephone numbers where the massage is to be
practiced;
2. Name, including all names,nicknames and aliases by which the applicant has
been known; and residence address, including the two previous addresses immediately prior to
the present address of the applicant;
5
RMPUBUTREMBLAY\304408.1
3. Social security number, driver's license number, if any, and date of birth;
4. Applicant's weight, height, color of hair and eyes, and sex;
5. Written evidence that applicant is at least eighteen years of age;
6. A complete statement of all convictions of the applicant for any felony or
misdemeanor or violation of a local ordinance, except misdemeanor traffic violations;
7. Fingerprints of the applicant taken by the police department; or proof of having
obtained a valid massage permit or license in another Coachella Valley city which requires
equivalent fingerprint investigation as determined by the Riverside County sheriff s department,
said permit or license to have been obtained within one year of the date of application to this
city, and this city retaining the right to confirm the validity of the license and the applicant's
record for the preceding two years in the city where the license or permit was obtained. If
fingerprints have already been obtained in another city, the fee will be reduced appropriately;
8. Two front-face portrait photographs taken within thirty days of the date of
application and at least two inches by two inches in size;
9. Training.
a. Citywide Massagist's Permit and Massage Establishment Permit. Transcript or
certificate of completion verifying not less than five hundred hours of training from any school
or educational institution licensed or approved in the state it is located, whose purpose it is to
upgrade the professionalism of massagists and which teaches the theory, ethics,practice,
profession or work of massage. Schools offering correspondence courses not requiring actual
attendance at classes shall not be deemed a"recognized school,"
b. Site Specific Massagist's Permit. Transcript or certificate of completion verifying
not less than three hundred hours of training from any school or educational institution licensed
or approved in the state it is located whose purpose it is to upgrade the professionalism of
massagist and which teaches the theory, ethics,practice, profession or work of massage. Schools
offering correspondence courses not requiring actual attendance at classes shall not be deemed a
"recognized school."With the minimum hours of certified training, applicant shall also submit a
letter of intent to employ from an approved massage establishment or physician, surgeon,
chiropractor, osteopath or healing art office shall be required. This letter shall state that the
massage establishment operator has reviewed the applicant's qualifications and that the applicant
has met the requirements necessary to perform massage treatments working under supervision at
that facility;
10. The massage or similar business history and experience ten years prior to the date
of application, including, but not limited to, whether or not such person, in previously operating
in this or another city or state under license or permit,has had such license or permit denied,
revoked or suspended, and the reasons therefor, and the business activities or occupations
subsequent to such action of denial, suspension or revocation. This expressly includes any
license denial. suspension, revocation or any other disciplinary action taken by any agency or
non-profit operated or organized by the state to license or otherwise rcaulate massage
technicians, including the Massage Therapy Organization;
6
RMPUBUTREMBLAY\304408.1
11. The names, current addresses and written statements of at least five bona fide
permanent residents, other than relatives, of the United States that the applicant is of good moral
character. If the applicant is able,the statement must first be furnished from residents of the city,
then the county,then the state of California and lastly from the rest of the United States;
12. A medical certificate signed by a physician, licensed to practice in the state of
California, within thirty days of the date of the application, or proof of having obtained a valid
massage permit or license in another Coachella city which requires a medical certificate, and a
copy of such medical certificate, said permit or license to have been obtained within ninety days
of the date of application to this city, and this city retaining the right to confirm the validity of
the license. The certificate shall state that the applicant was examined by the certifying physician
and that the applicant is free of communicable disease. The additional information required by
this subsection shall be provided at the applicant's expense;
13. Such other information, identification and physical examination of the person
deemed necessary by the city police in order to discover the truth of the matters required to be set
forth in the application;
14. Authorization for the city, its agents and employees to seek information and
conduct an investigation into the truth of the statements set forth in the application and
qualifications of the applicant for the permit;
15. Written declaration by the applicant, under penalty of perjury, that the foregoing
information contained in the application is true and correct, said declaration being duly dated and
signed in the city.
B. Site Specific Massagist's Permit Limitations. A site specific massagist's permit
shall allow the holder of such permit to engage in the practice of massage only at approved
massage establishments or physician, surgeon, chiropractor, osteopath or healing art offices.
C. Temporary Permits. The city manager may issue a temporary massagist's permit
to any person whose application is pending for a massagist's permit who has shown, to the
satisfaction of the city manager, that he or she has a massagist's permit in good standing in
another jurisdiction which has comparable licensing provisions, including requirements for
fingerprinting, a medical clearance and a background check. (Ord. 870 § 2 (Exhibit A) (part),
I 1998)
-5.87,085 Effect of Massage Therapy Organization Certification
A Notwithstanding any provision of this article to the contrary, a massage technician
who possesses and maintains a current,valid massage technician certification issued by the
Massage Therapy Organization shall not be required to obtain a massage technician_permit
pursuant to this article. Massage technicians claiming an exemption under this subsection sha11
file a cony of their current valid massage technician certification issued by the Massage Therapy
Organization with the city.
7
RMPUBUTREMBLAY\304408.1
B. Notwithstanding any provision of this article to the contrary, any person who
......... ............ _......_._ _
Awns or operates a massal,e establishmertt__shall not be required to obtain a massage
establishment permit pursuant to this article provided any of the followint is true:
1. The massage establishment is a sole proprietorship and the sole proprietor
possesses and maintains a current,valid massage technician. certiticatioll issued by the Massage
Therapy Organization.
2. The massage establishment only employs or uses massage technicians who
possess and maintain current, valid massage technician certification issued by the Massage
Therapy Organization,
C. "Phis section does not exempt or excuse any massage technician or massage
establishment from complying with all other applicable requirements and provisions of this
ardQIQ Qr_code, including obtaining a valid business license pursuant to Section 5.87.130.
Massage establishments exempt from the permitting requirements of this article pursuant to
subsection B. shall file a cony of the massage technician certifications issued by the Massage
Therapy Organization for all massage technicians who will be used for employed by the
s ablisllm cnt with their a lication for a busing : li n~e pursuant ,c ion 5.87. 30 of this
o � -
D. Special Zoning Exemption. Massage practitioners and massage therapists that are
exempt from the permitting requirements of this article pursuant to this section may operate in
the same zones with the same zoning,restrictions and requirements for that use including
obtaining a conditional use permit, if applicable. as provided for in Chapter 25 of this code as the
following personal or DLQfessionalbusinesses:
I personal care/products shops and services incl din 7 barberin 7 aid_cosmetok)
2 mortuaries J
3. nd dental clinics
4. health figure and.exercise salons and spas
5. rie 1 and dentavl�
5.87.090 Massage establishment operating requirements.
Each massage establishment shall comply with each of the following requirements:
A. Conduct, or otherwise operate, a massage business only between the hours of
seven a.m. and twelve midnight.
B. Post a list of services available, described in readily understandable language, and
the cost of such services in a conspicuous place on the premises.
8
RMPUBUTREMBLAY\304408.1
C. Display the permit, and a copy of the permit of each massagist therein, in a
conspicuous place on the premises.
D. Maintain a record which includes the date and time of each massage, the name
and address of the patron, the name of the person administering such massage, and the type of
massage given. Such records will be made available upon request based on good cause, for
inspection by the city manager or police chief, or their designees. The information contained in
such records shall be confidential.
E. The premises shall have adequate equipment for disinfecting and sterilizing
nondisposable instruments and materials used in administering massages. Such nondisposable
instruments and materials shall be disinfected after each use on each patron.
F. All employees, including massagists, shall be clean and wear clean,
nontransparent outer garments, covering their specified anatomical areas.
G. Amplified Sound. No loudspeakers or sound equipment shall be used by a
massage establishment for amplification of sound to a level discernible by the public beyond the
walls of the building in which use is conducted.
H. No person shall give, or assist in the giving of, any massage or other body
treatment to any other person under the age of eighteen years,unless the parent or guardian of
the minor person has consented thereto in writing.
I. Placement of Permit. The permit required by this chapter shall be displayed in a
prominent place.
J. Maintain walls, ceilings, floor,pools, showers,bathtubs, water basins,toilets, wet
and dry heat rooms, steam or vapor rooms and cabinets and all other facilities in good repair and
in a clean and sanitary condition. Showers, water basins, toilets,wet and dry heat rooms, steam
or vapor rooms, and cabinets and compartments shall be thoroughly cleaned at least once each
day the massage business is in operation. Bathtubs shall be thoroughly cleaned after each use.
K. Provide clean and sanitary towels, sheets and linens for each person. No common
usage of sheets, towels and linens shall be permitted. Towels, sheets and linens shall be provided
in sufficient quantity and shall not be used by more than one person unless such towels, sheets
and linens have been relaundered. Separate closed cabinets or containers shall be provided for
the storage of clean and soiled towels, sheets and linens, and such cabinets or containers shall be
plainly marked"clean linen"and"soiled linen."
L. Cover pad used on massage tables in workmanlike manner with durable, washable
plastic or other waterproof material.
M. Unlock all exterior doors from interior side during business hours.
N. No massage establishment granted a license under the provisions of this chapter
shall place, publish or distribute,or cause to be placed,published or distributed, any
advertisement,picture or statement which is known, or through the exercise of reasonable care
9
RMPUBUTREMBLAY\304408.1
should be known, to be false, deceptive or misleading in order to induce any person to purchase
or utilize any professional massage service.
O. It is unlawful for any massage service to be carried on within any cubicle,room,
booth, or any area within a permitted establishment which is fitted with a door capable of being
locked. Toilets and cubicles used solely for the application of liquid and vapor baths shall be
clearly marked as to purpose on the exterior door or curtain of said cubicle, room, or booth.
Nothing contained herein shall be construed to eliminate other requirements of statute, ordinance
or municipal code concerning the maintenance of premises, nor to preclude authorized inspection
thereof, whenever such inspection is deemed necessary by the police or health departments.
P. No permitted establishment shall operate as a school of massage, or operate in the
same location, or use the same facilities as that of a school of massage except as otherwise may
be provided by law. (Ord. 870 § 2 (Exhibit A) (part), 1998)
O. Massage businesses that employ one or more MTO-certified practitioners or
therapists must maintain evidence of their massage professionals' MT0 certifications for City
review.
5.87,100 Prohibition reaardina specified anatomical areas.
A. It is unlawful for any massagist or any person on the premises of a massage
establishment to expose to any other person or touch any specified anatomical areas, whether his
or her own, or those of a client.
B. It is unlawful for any person owning, operating, or managing a massage
establishment knowingly to cause, allow, or permit in or about such massage establishment any
agent, employee or any other person under his control or supervision to permit acts in violation
of Chapter 5.90, including, specifically, Section 5.90.140(Therapists dress and identification)
and Section 5.90.150 (Other prohibited activities).
C. Any violation of these provisions shall be deemed grounds for revocation of the
permit granted hereunder. (Ord. 993 § 3 (part), 2002; Ord. 870 § 2 (Exhibit A) (part), 1998)
5.87.110 Employment of and services rendered to minors Rrohibited.
No holder of a massage establishment permit shall employ any person under eighteen
years of age without written parental consent; nor shall such permittee provide any service for
which it requires said permit to any patron, customer or person under eighteen years of age,
except at the special instance and request of a parent, guardian, or other person in lawful custody
of the minor upon whose behalf the massage service is requested. (Ord. 870 § 2 (Exhibit A)
(part), 1998)
5,87,120 Exemptions.
The provisions of this chapter shall not apply to:
10
RM PUBUTREM BLAY\304408.1
A. Any physician, surgeon, chiropractor, osteopath, or acupuncturist or any nurse or
physical therapist working under the supervision of a physician, surgeon, chiropractor, osteopath,
or acupuncturist duly licensed to practice their respective professions in the state of California.
Practical nurses or other persons without qualifications as massagists or other persons not duly
licensed by the state to practice pursuant to the Medical Practice Act, whether employed by a
physician, surgeon, chiropractor, osteopath, or acupuncturist,may not give massages or massage
procedures without obtaining a massagist's permit.
B. The requirements of this chapter shall not apply to any treatment administered in
good faith in any course of the practice of any healing art or profession by any person licensed to
practice any such art or profession under the Business and Professions Code of the state or any
other law of the state.
C. Barbers,beauticians,manicurists, and pedicurists who are duly licensed under the
laws of the state of California without qualifications as a massagist, except that this exemption
shall apply solely to the massaging of the scalp, face, neck, arms,hands, or feet of the customer
or client for cosmetic or beautifying purposes.
D. Massages or massage procedures as provided by or in connection with a
physician, surgeon, chiropractor, osteopath or healing art office shall be ancillary to and a part of
a physician, surgeon, chiropractor, osteopath or healing art office. The massage portion of the
use shall be a minor use and the physician, surgeon, chiropractor, osteopath or healing art office
use shall be the major use, with the massage portion of the use not occupying a significant or
substantial portion of the business. The requirements of this chapter regarding massage
establishments shall not apply to this minor, ancillary use. (Ord. 870 § 2 (Exhibit A) (part), 1998)
5.87.130 Massage establishment—AQplication for Rgrmit.
Any person, association, partnership or corporation desiring to obtain a business license
tax certificate and a permit for a massage establishment, shall make an application,under oath, to
the city manager upon a form provided by the city manager showing:
A. The name, current permanent residential address and telephone number of the
applicant;
B. The business name, proposed business address of the massage establishment, and
its telephone number. If the applicant is a corporation, the name shall be exactly as set forth in its
articles of incorporation. If the corporation is not publicly traded, it shall provide a copy of it
articles of incorporation and shall show the name, residence address of each of the officers,
directors, and each stockholder owning not less than ten percent of the stock of the corporation
and the address of the corporation itself, if different than the address of the massage
establishment. If the applicant is a partnership, the application shall show the name and address
of each of the partners, including limited partners, and the address of the partnership itself, if
different from the address of the massage establishment;
C. The name and permanent address of the owner of the property upon which the
applicant intends to locate the massage establishment. If the property owner is a corporation, the
name shall be exactly as set forth in its articles of incorporation. If the corporation is not a
Il
RM PUBWREMBLAY004408.1
publicly traded corporation, the applicant shall show the name and residence address of each of
the officers, directors and stockholders owning not less than ten percent of the stock of the
corporation. If the property owner is a partnership, the applicant shall show the name and
residence address of each of its partners, including limited partners;
D. In the event the applicant is not the owner of record of the real property upon
which the massage establishment is or will be located, the application must be accompanied by a
notarized statement from the owner of record of the real property acknowledging that a massage
establishment is or will be located on the property. In addition, the applicant must furnish a copy
of the lease or rental agreement pertaining to the premises in which the massage establishment
will be located;
E. The date,hours and location where the massage establishment is proposed to be
conducted, and the admission fee, if any, to be charged;
F. The name(s) or person(s) having the management or supervision of the
applicant's business;
G. Whether or not the applicant has been convicted of a crime, the nature of such
offense, the date of conviction,place convicted, and the sentence received therefor. If the
applicant is a non-publicly traded corporation,this requirement applies to each of the officers,
directors, and/or stockholders owning not less than ten percent of the stock of the corporation. If
the applicant is a partnership, this requirement applies to each of the partners, including limited
partners;
H. Whether or not the applicant has ever had any similar license or permit issued by
such agency revoked or suspended, or has had any professional or vocational license or permit
revoked or suspended, and the reasons therefor, and the business activity or occupation
subsequent to such action of suspension or revocation. If the applicant is a non-publicly traded
corporation,this requirement applies to each of the officers, directors and/or stockholders
owning not less than ten percent of the stock of the corporation. If the applicant is a partnership,
this requirement applies to each of the partners, including limited partners;
I. Driver's license or other acceptable identification and social security number of
the applicant. If the applicant is a non-publicly traded corporation, this requirement applies to
each of the officers, directors, and/or stockholders owning not less than ten percent of the stock
of the corporation. If the applicant is a partnership,this requirement applies to each of the
partners, including limited partners;
J. Acceptable written proof that the applicant is at least eighteen years of age. If the
applicant is a non-publicly traded corporation, this requirement applies to each of the officers,
directors and/or stockholders owning not less than ten percent of the stock of the corporation. If
the applicant is a partnership, this requirement applies to each of the partners, including limited
partners;
K. The height, weight, color of eyes,color of hair and date of birth of the applicant.
If the applicant is a non-publicly traded corporation this requirement applies to all officers,
directors and/or stockholders owning not less than ten percent of the stock of the corporation. If
the applicant is a partnership, this requirement applies to all partners, including limited partners;
12
RMPUBUTREMBLAY\304408.1
L. The business, occupation or employment history of the applicant for the last ten-
year period immediately preceding the date of filing for the application. If the applicant is a non-
publicly traded corporation, this requirement applies to each of the officers, directors, and/or
stockholders owning not less than ten percent of the stock of the corporation. If the applicant is a
partnership, this requirement applies to each of the partners, including limited partners;
M. Each residential and business address of the applicant for the ten-year period
immediately preceding the date of the filing of the application. If the applicant is a non-publicly
traded corporation, this requirement applies to each of the officers, directors, and/or stockholders
owning not less than ten percent of the stock of the corporation. If the applicant is a partnership,
this requirement applies to each of the partners, including limited partners;
N. One front-face portrait photograph of the applicant at least two inches by two
inches and a complete set of applicant's fingerprints which shall be taken by the city police. If
the applicant is a non-publicly traded corporation, one front-face photograph at least two inches
by two inches of all officers, directors, and stockholders owning not less than ten percent of the
stock of said corporation and a complete set of the same officers', directors', and stockholders'
fingerprints which shall be taken by the city police;
O. The name and address of each massagist who is or will be employed in said
establishment;
P. Applicant must furnish a diploma or certificate of graduation(i) from a
recognized school of massage or(ii) certified by the National Certification Board for Therapeutic
Massage and Bodywork. Certified transcripts from a recognized school of massage verifying that
the applicant has successfully completed a course of study requiring at least five hundred hours
of massage therapy. However, if the applicant will not personally engage in the practice of
massage or the day-to-day operation of a massage establishment, as defined herein,the applicant
need not possess such diploma or certificate,but must have a manager with the five hundred
hours of training from a recognized school of massage;
Q. The name and address of any other massage establishment owned or operated by
any person whose name is required to be given in subsection B of this section;
R. A description of any other business to be operated on the same premises or on
adjoining premises owned or controlled by the applicant. If the applicant is a non-publicly traded
corporation, this requirement applies to each of the officers, directors, and/or stockholders
owning not less than ten percent of the stock of the corporation. If the applicant is a partnership,
this requirement applies to each of the partners, including limited partners;
S. Authorization for the city, its agents and employees to seek information and
conduct an investigation into the truth of the statements set forth in the application and the
qualifications of the applicant for the permit;
T. Such other identification and information necessary to discover the truth of the
matters hereinbefore specified as required to be set forth in the application;
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RMPUBUTREMBLAY\304408.1
U. Applicant must furnish for any person whose name is required to be given in
subsection F the information required by subsections A, I, J, K, L, M,N, P, Q, S, and T of this
section.
The holder of the permit for a massage establishment shall notify the city's department of
code enforcement and Business Licenses of each change in any of the data required to be
furnished by this section within ten days after such change occurs. (Ord. 993 § 3 (part), 2002;
Ord. 870 § 2 (Exhibit A) (part), 1998)
5.87.140 Renewal of permit.
Upon application for a renewal permit, the applicant shall provide all of the information
set forth in Section 5.87.140,to the extent that such information is different than the information
contained on previous applications. Renewals shall include a medical certificate as specified in
5.87.080Al2. (Ord. 870 § 2 (Exhibit A) (part), 1998)
5.87.150Investigation.
A. After an application for permit has been filed with the director,he or she shall
cause an investigation to be made by the city's business licenses division. The director shall refer
copies of the application to the following departments and agencies within five days of receipt of
the application: department of building and safety, department of community services and
planning,police department, Riverside County health department, Riverside County fire marshal.
These departments and agencies shall,within thirty days, inspect the premises proposed to
operated as a massage establishment and shall make written verification to the director
concerning compliance with the Palm Desert Municipal Code and the Codes of Riverside County
and state of California that they administer. If such premises are not in compliance, the director
shall notify the applicant, in writing, of the deficiencies, and shall cause the reinspection of such
premises to be made upon written request for reinspection by the applicant; provided,however,
that such request for reinspection is made within thirty days after notice of noncompliance has
been given by the director. The application shall further be referred to the city's police
department for investigation of the applicant's character and qualifications. (Ord. 870 § 2
(Exhibit A) (part), 1998)
5.87.160 Aouroval of Rermits.
The director shall grant an application for permit within thirty days after receipt of all
information necessary for such decision including results of the investigation as specified in
Section 5.87.150, if the following findings made:
A. Massage establishment location has been granted conditional use permit approval
per Section 5.87.040;
B. The conduct of the permittee, as proposed by the applicant, if permitted, will
comply with all applicable laws, including but not limited to the city's building, zoning and
health regulations, including the provisions of this chapter;
14
RMPUBUTREMBLAY\304408.1
C. The applicant has not knowingly made any false,misleading or fraudulent
statements of fact in the permit application, or any other document required by the city in
conjunction therewith; if the applicant is a non-publicly traded corporation, this requirement
applies to each of the officers, directors, and/or stockholders owning not less than ten percent of
the stock in the corporation. If the application is a partnership, this requirement applies to each of
the partners, including limited partners;
D. The applicant or any other person who will be directly engaged in the
management and operation of the place of massage establishment has not been convicted of
disqualifying conduct, as defined by Section 5.90.010:
1. Has not done any act involving dishonesty, fraud or deceit with the intent to
substantially benefit himself,herself, or another, or substantially injure another, or
2. Has not been convicted of any crime. A conviction shall mean a plea or verdict of
guilty or conviction following a plea of nolo contendere,unless the conviction was so remote in
time as to indicate that the applicant has been rehabilitated, or the applicant has presented
evidence to the chief of police which shows to the satisfaction of the chief of police that the
applicant has been rehabilitated,
3. The act or crime referred to in subsections C 1 or C2 of this section must be
substantially related to the qualifications, functions or duties of a person engaged in the business
or practice of massage establishment;
E. The correct permit fee has been tendered to the city and, in the case of a check or
bank draft, honored with payment upon presentation;
F. The applicant has not had a massage establishment or massagist's permit denied,
revoked or suspended by the city, or any other state or local agency, within five years prior to the
date of the application;
G. The applicant, if an individual, or any of the officers, directors, and stockholders
who own not less than ten percent of the stock of said corporation, if the applicant is a non-
publicly traded corporation; or any of the partners, including limited partners, if the applicant is a
partnership; and the manager or other person principally in charge of the operation of the
business, is not under the age of eighteen years. If the applicant is a non-publicly traded
corporation, this requirement applies to each of the officers, directors and/or stockholders
owning not less than ten percent of the stock of the corporation. If the applicant is a partnership,
this requirement applies to each of the partners, including limited partners. (Ord. 993 § 3 (part),
2002; Ord. 870 § 2 (Exhibit A) (part), 1998)
5.87.170 Denial of a0lication.
If the application is denied, the city manager shall promptly give the applicant notice
thereof and the findings for such denial. The applicant aggrieved by the action of the city
manager may appeal by filing a written appeal, within ten days of the notice of denial, with the
city clerk. The city council shall set a time and place for a public hearing of the appeal, or may
refer the matter to a hearing officer. The city council may decide the matter based on the
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recommendations and findings of the hearing officer, if it so chooses. The decision of the city
council shall be final. (Ord. 870 § 2 (Exhibit A) (part), 1998)
5.87.180 Suspension, revocation of permit.
The city manager shall suspend or revoke any permit issued under this chapter if he finds
and determines that:
A. The business as conducted by permittee, its agent(s) or employee(s), or any
person(s) connected or associated with the permittee as partner, director, officer, general
manager or any other person(s), who is exercising managerial authority of, or on behalf of
permittee acting under the authority of such permit, does not comply with all applicable laws,
including but not limited to the city's building, zoning and health regulations; or
B. Permittee, its agent(s) or employee(s), or any person connected or associated with
the permittee as partner, director, officer or general manager or other person(s),who is
exercising managerial authority of, or on behalf of permittee, acting under the authority of such
permit,has:
1. Knowingly procured said permit by false statements,representations or
nondisclosure of a material fact when such fact would have constituted good cause for denying
the application for such permit or any document required by the city in conjunction therewith, or
2. The permittee has ceased to meet any of the requirements for issuance of a permit,
or
3. Any failure on the part of the owner,manager or other person in charge of the
premises to enforce the regulations set forth in this chapter or to cooperate with the police
department by promptly reporting any fight,brawl or other unlawful activities occurring on the
premises, or
4. The premises for which the permit was issued is being operated in an illegal or
disorderly manner, or
5. Noise from the establishment for which the permit was issued interferes with the
peace and quiet of the neighborhood, or
6. The applicant has been convicted of disqualifying conduct, as defined in Section
5.90.010.
Such denial may be made only if the act or crime referred to in subsection B6 or B7 of
this section must be substantially related to the qualifications, functions or duties of a person
engaged in the business or practice of massage establishment. (Ord. 993 § 3 (part), 2002; Ord.
870 § 2 (Exhibit A) (part), 1998)
5.87.190 Inspection required.
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The city shall, from time to time, make inspection of each massage establishment for the
purposes of determining that the provisions of this chapter are fully complied with. It is unlawful
for any permittee to fail to allow such inspection officers to the premises or hinder such officer in
any manner. (Ord. 870 § 2 (Exhibit A) (part), 1998)
5.87.200 Penalties.
Any person violating any of the provisions or failing to comply with any of the
requirements of this chapter shall be guilty of a misdemeanor and upon conviction thereof, shall
be punishable by a fine not to exceed five hundred dollars, or by imprisonment in the county jail
for a period of not more than six months, or by both such fine and imprisonment. Each day a
violation is committed or permitted to continue shall constitute a separate offense. (Ord. 870 § 2
(Exhibit A) (part), 1998)
5.87.210 Other remedies.
The provisions of Section 5.87.200 are not to be construed as exclusive remedies and, in
the event of violation,the city may pursue any proceedings or remedies otherwise provided by
law. (Ord. 870 § 2 (Exhibit A) (part), 1998)
5.87.220 Conducting a business as a nuisance.
Any massage establishment operated, conducted or maintained contrary to the provisions
of this chapter is unlawful and a public nuisance, and the city attorney may, in addition to or in
lieu of prosecuting a criminal action, commence an action(s) or proceeding(s), for the abatement,
removal or enjoinment thereof, in the manner provided by law; and shall take such other steps
and shall apply to such court(s) as may have jurisdiction to grant such relief as will abate or
remove such businesses and restrain and enjoin any person from operating, conducting or
maintaining a massage establishment contrary to the provisions of this chapter. (Ord. 870 § 2
(Exhibit A) (part), 1998)
5.87.230 Sale or transfer or change of location.
Upon sale, transfer or relocation of a massage establishment the permit therefor shall be
null and void unless approved as provided in Section 5.87.160; provided,however, that upon the
death or incapacity of the permittee, heir or devisee of a deceased permittee, or any guardian of
an heir or devisee of a deceased permittee,may continue the massage establishment for a
reasonable period of time not to exceed sixty days to allow for an orderly transfer of the permit.
(Ord. 870 § 2 (Exhibit A) (part), 1998)
5.87.240 Transfer of permit.
No permit shall be transferable except with the consent of the city manager. An
application for such transfer shall be in writing and shall be accompanied by fees prescribed in
Section 5.87.030. The written application for such transfer shall contain the same information as
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requested in this chapter for initial application for the permit. (Ord. 870 § 2 (Exhibit A) (part),
1998)
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Chapter 5.90 MASSAGISTS PERMITS
5.90.010 Definitions.
A. Applicant means the individual seeking a permit pursuant to this Chapter.
B. Certified copy means a copy of a document that is certified by the issuer as being
a true and accurate copy of the original document or a similar document bearing an original
signature of the issuer.
C. Certified statement means a written assertion, claim or declaration bearing the
original signature of the issuer.
D. Coachella Valley Model Massage Ordinance means the provisions of the
ordinance codified in this chapter as adopted by this or any other jurisdiction within the
Coachella Valley.
E. Communicable disease means tuberculosis, or any disease, which may be
transmitted from a massage therapist to a patron through normal physical contact during the
performance of any massage service.
F. Complete application means an application,which provides all of the requisite
information required to be provided by an applicant pursuant to this chapter.
G. Disqualifying conduct means any of the following when occurring within five
years of any application made pursuant to this chapter:
1. Pandering as set forth in California Penal Code Section 266i;
2. Keeping or residing in a house of ill-fame as set forth in California Penal Code
Section 315;
3. Keeping a house for the purpose of assignation or prostitution, or other disorderly
house as set forth in California Penal Code Section 316;
4. Prevailing upon a person to visit a place of illegal gambling or prostitution as set
forth in California Penal Code Section 318;
5. Lewd conduct as set forth in California Penal Code Section 647, subdivision(a);
6. Prostitution activities as set forth in California Penal Code Section 647,
subdivision(b);
7. Any offense committed in any other state which, if committed or attempted in this
state, would have been punishable as one or more of the offenses set forth in California Penal
Code Sections 266(i), 315, 316, 318 or 647, subdivisions(a)or(b);
8. Any felony offense involving the sale of any controlled substance specified in
California Health and Safety Code Sections 11054, 11055, 11056, 11057 or 11058;
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9. Any offense committed in any other state which, if committed or attempted in this
state, would have been punishable as a felony offense involving the sale of any controlled
substance specified in California Health and Safety Code Sections 11054, 11055, 11056, 11057
or 11058;
10. Any misdemeanor or felony offense which relates directly to the practice of
massage therapy, whether as a massage therapy business owner or operator, or as a massage
therapist; or
11. Any felony the commission of which occurred on the premises of a massage
therapy establishment.
H. Filing date of application means the date on which the permit administrator
determines that a complete application pursuant to this chapter has been submitted to the permit
administrator by the applicant.
I. Full nudity or semi-nudity means any of the following: (a) the appearance or
display of an anus,male or female genital,pubic region or a female breast below a point
immediately above the top of the areola, and/or(b) a state of undress which less than completely
and opaquely covers an anus,male or female genital, pubic region or a female breast below a
point immediately above the top of the areola.
J. Manager means the individual(s)who is (are) responsible for the management
and/or supervision of a massage therapy business.
K. Massage or massage therapy means any method of pressure on, or friction against,
or stroking, kneading, rubbing, tapping,pounding, vibrating, or stimulating the external parts of
the human body with the hands or with the aid of any mechanical or electrical apparatus or
appliances, with or without supplementary aids such as creams, ointments, or other similar
preparations commonly used in the practice of massage,under such circumstances that it is
reasonably expected that the person to whom the treatment is provided or some third person on
his or her behalf will pay money or give any other consideration or any gratuity therefore.
Massage and massage therapy includes such manipulation of the body or similar procedures
described in this paragraph that are performed in hydrotherapy, spa or similar bath facilities.
L. Massage therapy establishment means any establishment having a fixed place of
business for the purpose of deriving income or compensation from massage therapy services,
whether or not massage is performed on the premises.
M. Massage therapist means an individual who, for any consideration whatsoever,
performs or offers to perform a massage. The terms "massage therapist." "massage practitioner."
or any other terms used within the massage industry are included within this definition for the
Y)urnoses of this ordinance. This definition shall also include anyone operating pursuant to a
valid "massage th ra nist" or"m sa=e r ctitioner" certifi ation issljQd by the Massage Th r
Orgmnization.
N. Massage Therapy Organization means a state-organized non-profit organization
created to regulate the massage industry as set forth in Chapter 10.5 of Division 2 of the Business
and Professions Code of this state(commencing with section 460U).
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;� O. Operator means any of the following: (a)the owner, (b)the permit holder and
applicant(s) therefore, (c) custodian, (d)manager, or(e)person in charge of any massage therapy
establishment.
IAP. • Off-premises massage means a massage performed at a location that is not a
massage therapy establishment for which a permit to operate as a massage therapy establishment
has been granted by the city.
4'_Q. Patron means any person who receives a massage in exchange for any form of
consideration including, but not limited to,the payment of money.
QR. Permit means the written license to engage in the practice of massage for
compensation as required by the Coachella Valley Model Massage Ordinance. A reciprocal
permit means a permit issued by this jurisdiction based solely on the fact the applicant holds a
valid massage therapist permit issued by another jurisdiction pursuant to the Coachella Valley
Model Massage Ordinance. An original permit means a massage therapist permit issued by this
jurisdiction without regard to whether or not applicant holds a massage therapist permit issued by
another jurisdiction.
IR'.. Permit administrator means the designated official responsible for issuing,
revoking and otherwise administering any provision of this chapter.
Tfi. Permittee means the person to whom a permit has been issued pursuant to the
Coachella Valley Model Massage Ordinance and the applicants therefore.
tJ�. Person means any of the following: (a) an individual, (b) a proprietorship, (c) a
partnership, (d) a corporation, (e) an association,(f) a limited liability company or(g) any other
legal entity.
IUV. Physicians certificate means a certified statement from a physician licensed to
practice medicine in the United States that provides that the applicant has, within sixty days prior
to the filing date of the application,been examined by said physician and it has been determined
that the applicant is free of any communicable disease as defined in this chapter.
I -V . Recognized school of massage means any school or educational institution
licensed or approved by the state in which it is located, whose purpose it is to upgrade the
professionalism of massage therapists and which teaches the theory, ethics,practice,profession
or work of massage and which requires a resident course of study before the student shall be
furnished with a diploma or a certificate of graduation from such school or institution of learning
following the successful completion of such course of study or learning. Schools offering a
correspondence course not requiring actual attendance shall not be deemed a recognized school.
AWX. Specified anatomical area means human genitals, pubic region, anus or a female
breast below a point immediately above the top of the areola.
N,Y. Specified sexual activities means any of the following: (a)the fondling or other
erotic touching of human genitals,pubic region, anus or female breasts, (b) sex acts, normal or
perverted, actual or simulated, including,but not limited to, intercourse, oral copulation,
masturbation or sodomy, or(c) excretory functions as part of or in connection with the fondling
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or other erotic touching of human genitals, pubic region,buttocks, anus or female breasts, sex
acts, normal or perverted, actual or simulated, including intercourse, oral copulation,
masturbation or sodomy. (Ord. 993 § 4 (part), 2002)
5.90.020 Massage therapy permits required.
A. Massage Therapy Organization-Certified Massage Practitioners and Massage
Therapists. The following provisions will apply to massage therapist and massage practitioner
pennits obtained from the Massage Therapy Organization.
1. Under Bus. and Prof. Code §§ 4600 et sea. the MTO shall issue permits to
qualified applicants that meet standardized educational and training requirements. MTO-
certifled practitioners and therapists will be governed by Bus. and Prof. Code a 460U. rather
than this Chit Non MTO-certified therapists must hold a current massage therapist permit
issued pursuant to the Chapter
B. City-Certified Massage Therapists. The following provisions will apply to
massage therapist permits obtained from the City.A.4assage Ther-apist Pef.mit.
1. Except as expressly provided in Bus. and Prof. Code §§ 460U and elsewhere in
this chapter, only a person holding a current massage therapist permit issued pursuant to this
chapter shall perform or offer to perform massage therapy at a massage therapy establishment
located within the city. Nothing herein shall exempt a person from zoning or other applicable
requirements'set out elsewhere in this code or in the zoning ordinance, and every person shall
comply with all such requirements.
IR_C. Off-premises Endorsement to Massage Therapist Permit. Except as expressly
provided in this chapter, no person shall perform or offer to perform an off-premises massage
unless he or she has a valid massage therapist permit, with an off-premises endorsement, issued
to him or her pursuant to the provisions of this chapter. Nothing herein shall exempt a person
from zoning or other applicable requirements set out elsewhere in this code or in the zoning
ordinance, and every person shall comply with all such requirements.
4D. Unless specifically exempted by state law, the fact that a person possesses other
types of permits and/or licenses does not exempt him or her from the requirement of obtaining a
permit that is required by this chapter. The permit requirements of this chapter shall be in
addition to the requirement of a business license set out elsewhere in this code, as well as any
other license,permit or fee required by any local, county, state or federal law. (Ord. 993 § 4
(part), 2002)
5.90.030 Consent.
By applying for a permit under this chapter(i.e., the Coachella Valley Model Massage
Ordinance),the applicant shall be deemed to.have consented to the provisions of this chapter and
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to the exercise thereunder by the permit administrator and the citys officials, representatives and
employees charged with implementing and/or enforcing the provisions set forth in this chapter.
(Ord. 993 § 4 (part), 2002)
3,90.040 Permit administrators resoonsibilities.
The city shall designate a permit administrator who shall be responsible for granting or
denying all permits described in this chapter and said permits shall only be granted or denied
pursuant to the provisions described herein and all other applicable laws. If no designation is
made pursuant to this provision, the city manager shall be deemed the permit administrator.
Where used herein with respect to the permit administrators responsibilities, words such
as shall and must are not intended by the city to self-impose liability and are instead intended
only to be directory. (Ord. 993 § 4 (part), 2002)
5.90.050 Reciprocal massage therapist permit application.
A. If an applicant holds a current massage therapist permit issued by any other
jurisdiction pursuant to the Coachella Valley Model Massage Ordinance,then application for a
reciprocal massage therapist permit may be made by submission,to the permit administrator, of
all of the following:
1. A certified copy of a current massage therapist permit issued, pursuant to the
Coachella Valley Model Massage Ordinance,by any other jurisdiction;
2. A certified copy of the original and all renewal applications related to the massage
therapist permit issued by the other jurisdiction pursuant to the Coachella Valley Model Massage
Ordinance; and
3. A nonrefundable application fee of twenty-five dollars to defray the costs of
administering this chapter.
B. If the massage therapy permit submitted in support of an application for a
reciprocal permit includes an off-premises endorsement, the application shall be deemed an
application for both a massage therapist permit and an off-premises endorsement and no further
documentation, information or fees shall be required in order to apply for an off-premises
endorsement to the reciprocal permit. (Ord. 993 § 4 (part), 2002)
5.90.060 Original massage therapist permit application.
If an applicant does not hold a current massage therapist permit issued by another
jurisdiction that has adopted the Coachella Valley Model Massage Ordinance, application for
issuance of a massage therapist permit by this jurisdiction shall be made,under oath, on the form
set out on the form provided by the city. The following information, documents and other
requirements shall be included with the submission of all such applications:
A. The applicants legal name, any aliases and date of birth;
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B. A certified letter of intent to employ from the operator of a massage therapy
establishment lawfully operating within the city. Each such letter shall verify that the operator of
the massage therapy establishment has reviewed the applicants qualifications and that the
applicant has met the requirements necessary to perform massage therapy at that facility;
C. The applicants home and business addresses, corresponding telephone numbers,
and permanent address and telephone number, if different;
D. Written evidence that the applicant is at least eighteen years of age;
E. The previous home addresses of applicant for the ten years prior to the filing date
of the application and the dates of residency at each such address;
F. The names, addresses and descriptions of all current and former businesses
owned, operated or managed by applicant for the ten years prior to the filing date of the
application and the dates applicant owned, operated or managed each such business;
G. Employment history for the ten years prior to the date of application, and all
massage or similar business history and experience;
H. Two front-face portrait photographs taken within thirty days of the date of
application, at least two inches by two inches in size;
I. Applicants weight, height, color of hair and eyes, and sex;
J. The applicants drivers license number or identification number;
K. The applicants fingerprints taken within the previous sixty days by an agency
approved by the permit administrator;
L. The applicants social security number and/or state or federally issued tax
identification number;
M. Proof, in the form specified here, that applicant is (i) a graduate of a recognized
school of massage or(ii) certified by the National Certification Board for Therapeutic Massage
and Bodywork. Proof of certification by the National Certification Board for Therapeutic
Massage and Bodywork shall be in the form of a certified copy of the therapeutic massage and
bodywork credential issued by said board. Proof of graduation from a recognized school of
massage shall require both of the following:
l. Certified copy of the applicants diploma or certificate of graduation, or equivalent
documentation, establishing that applicant has successfully completed the course of study for
competency as a massage therapist offered by the recognized school of massage; and
2. Certified transcript from a recognized school of massage verifying applicant has
successfully completed a course of study requiring at least three hundred hours of massage
therapy training. If the application is submitted concurrently with an application for an off-
premises endorsement, the minimum hours of training shall be as set out below for an off-
premises endorsement application;
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N. A certified statement from a physician licensed to practice medicine in the United
States that provides that the applicant has, within sixty days prior to the filing date of the
application,been examined by said physician and it has been determined that the applicant is free
of any communicable disease as defined in this chapter;
O. A list of all of applicants convictions, excluding traffic violations;
P. Whether or not the applicant has ever been convicted of any disqualifying
conduct;
Q. Whether or not the applicant is required to register as a sex offender pursuant to
the California Penal Code Section 290;
R. Whether or not applicant has had a previous permit, license or other authority for
massage services denied, suspended or revoked by any entity. If so, the date, location and
reasons for the denial, suspension or revocation;
S. Whether or not the applicant has been a sole proprietor, general partner,officer,
director,member or employee of any massage therapy business that has had a permit, license or
authority to operate a massage business denied, suspended or revoked by any entity. If so,the
applicant shall provide the name and location of the massage therapy establishment or business
for which the permit was denied, suspended or revoked, the date of the denial, suspension or
revocation, and the reason(s) for the denial, suspension or revocation; and
T. The applicant shall provide the permit administrator with the authorization to
conduct the necessary background investigations to determine the truthfulness and correctness of
the information provided by applicant and whether the applicant is qualified pursuant to this
chapter to receive the requested massage therapist permit.
U. The applicant shall date and sign the application and declare under penalty of
perjury that the information contained in the application is true and correct.
V. The applicant shall pay a nonrefundable application deposit fee of one hundred
fifty dollars at the time of filing an application to defray the costs of administering this chapter.
(Ord. 993 § 4 (part), 2002)
3,90,070 SURRIemgntal application for off-premises endorsement.
If an applicant does not hold a current permit with an off-premises endorsement issued by
another jurisdiction pursuant to the Coachella Valley Model Massage Ordinance, application for
an off-premises endorsement to a massage therapist permit issued by this jurisdiction shall be
made, under oath, on the form to be provided by the city. The following information, documents
and other requirements shall be included with the submission of all such applications:
A. The applicants legal name;
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B. A copy of applicants massage therapist permit issued pursuant to this chapter, or
reciprocal permit, if application therefore is not submitted concurrently;
C. Proof, in the form specified here, that applicant is (i) a graduate of a recognized
school of massage or(ii) certified by the National Certification Board for Therapeutic Massage
and Bodywork. Proof of certification by the National Certification Board for Therapeutic
Massage and Bodywork shall be in the form of a certified copy of the therapeutic massage and
bodywork credential issued by said Board. Proof of graduation from a recognized school of
massage shall require both of the following:
1. Certified copy of the applicants diploma or certificate of graduation, or equivalent
documentation, establishing that applicant has successfully completed the course of study for
competency as a massage therapist offered by the recognized school of massage; and
2. Certified transcript from a recognized school of massage verifying applicant has
successfully completed a course of study requiring at least five hundred hours of massage
therapy training.
D. The applicant shall provide the permit administrator with the authorization to
conduct the necessary background investigations to determine the truthfulness and correctness of
the information provided by applicant and whether the applicant is qualified pursuant to this
chapter to receive the requested off-premises endorsement.
E. The applicant shall date and sign the application, declaring under penalty of
perjury that the information contained in the application is true and correct.
F. The applicant shall pay a nonrefundable application deposit fee of fifty dollars at
the time of filing an application for an off-premises endorsement to defray the cost of
administering this chapter, which fee shall be in addition to any other permit application fees.
(Ord. 993 § 4 (part), 2002)
5.90.080 Processing The Application,
A. All applications shall be submitted to the permit administrator.
B. Upon receipt of an application and payment of the nonrefundable application
deposit fee, the permit administrator shall immediately stamp the application as received on that
date. Within thirty days thereafter, the permit administrator shall notify the applicant if the
application is deemed incomplete. Any subsequent submission shall be deemed a new
application.
C. Upon receipt of a completed application, the permit administrator shall cause an
investigation to be made by the appropriate individuals or departments as determined by the
permit administrator to be necessary for review and investigation of the accuracy of the
information contained in the application and compliance with all applicable regulations.
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D. Each department or division to which the application is submitted by the permit
administrator shall respond in writing to the permit administrator.
E. The permit administrator shall grant or deny an application for an original permit
within sixty business days of receipt of a complete application. The permit administrator shall
grant or deny a reciprocal permit or a renewal application within thirty calendar days of receipt
of a complete application therefore. (Ord. 993 § 4 (part), 2002)
5.90.090 Grounds for denial of application,
A. An application for a massage therapy permit shall be denied if the permit
administrator finds that, in the case of an application for a reciprocal permit,the massage therapy
permit or off-premises endorsement that the applicant alleges to have been issued by another
jurisdiction pursuant to the Coachella Valley Model Massage Ordinance is not valid and/or
current. In all other cases, the application shall be denied if the permit administrator finds any of
the following:
1. The applicant is not eighteen years of age or older;
2. The application contains false information;
3. The applicant did not submit either(i) a diploma or certificate of graduation or
equivalent documentation from a recognized school of massage that verifies that he or she has
obtained the requisite number of hours of massage.therapy training; or(ii) therapeutic massage
and bodywork credentials issued by the National Certification Board for Therapeutic Massage
and Bodywork;
4. The applicant has been convicted of disqualifying conduct;
5. The applicant is required by the California,Penal Code to register as a sex
offender;
6. The applicant has had a massage therapist permit, or a permit or license to operate
a massage therapy establishment, denied,revoked or suspended by any entity within five years
prior to the date of the application; or
7. The application is incomplete or any required information or document has not
been provided with the application.
B. If the permit administrator denies the application,he or she shall notify the
applicant of the denial in writing and state the reason(s) for the denial.
C. Any subsequent information submitted to cure the grounds of a denied application
shall be treated as a new application. (Ord. 993 § 4 (part), 2002)
5.90.100 Issuance of permit,
A. The permit administrator shall issue the permit if there are no grounds to deny the
permit as set forth in this chapter.
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B. Except as expressly provided in this chapter, no person shall perform or offer to
perform massage therapy at any location within the city unless said person has first obtained a
massage therapist permit issued pursuant to this chapter.
C. Except as to therapists with an off-premises endorsement, the operator of a
massage therapy establishment may only offer massage therapy services performed by a massage
therapist to whom a massage therapist permit has been issued by the permit administrator.
D. A massage therapist permittee shall not perform or offer to perform massage
therapy services at any site other than a lawfully operating massage therapy establishment unless
the permittees massage therapist permit includes an off-premises endorsement. (Ord. 993 § 4
(part), 2002)
5.90.110 Temporary permits.
A. Upon a finding of good cause therefore, the permit administrator may issue a
temporary permit to any person who possess a valid permit issued by any other governmental
entity pursuant to requirements that are similar to those set out in this chapter, including the
training, physical clearance, fingerprinting and background investigation requirements.
B. Application for a temporary permit shall be made by written request that includes
a statement, under penalty of perjury, of the justification for a temporary permit. Said request
shall be submitted to the permit administrator, together with the following:
l. A certified copy of a valid permit issued by any other jurisdiction;
2. A certified copy of the provisions of the ordinance or other local law pursuant to
which the permit was issued by said other jurisdiction;
3. Proof of identification; and
4. A nonrefundable application deposit fee of twenty-five dollars.
C. All temporary permits shall automatically expire thirty days after the date of
issuance of the subject temporary permit. The permit administrator shall have the discretion to
extend the term of any temporary permit an additional thirty days provided that the entire term of
the subject temporary permit does not exceed a total period of ninety days.
D. The permit administrator may condition the issuance of a temporary permit on
any additional requirements that he or she deems necessary to assure the purpose and policy of
this chapter is met. (Ord. 993 § 4 (part), 2002)
S&Q.120 Keeping application and ordinance current.
A. During the effective duration of the permit, the permittee shall promptly update,
correct or supplement the information contained in the application therefore on file with the
permit administrator when necessary to keep the information contained therein current and
accurate.
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B. Where reference is made herein to any statute or other law, said reference shall
include any subsequent amendment or superseding provision thereto.
C. The fees and fines and other sums set forth in this chapter shall be in effect until
the city council or, if authority hereunder has been delegated to another agency, the governing
body thereof, shall, by resolution, fix some other rate based upon a cost factor. (Ord. 993 § 4
(part), 2002)
5.90.130 Renewal of permit,
A. All permits shall expire one year from the date they are issued, except that an off-
premises endorsement shall expire concurrently with the corresponding massage therapist
permit.
B. Applications for renewal of a permit shall be made thirty calendar days prior to
the expiration date of the permit. As necessary to update the information contained within the
last application or renewal thereof, application for renewal shall be in the same manner as the
original application. However, to the extent that the information previously submitted to the
permit administrator remains current, a statement to that effect shall be sufficient and no further
information or documentation shall be required except as follows:
1. Renewal of a Reciprocal Permit.
a. Where the applicant seeks to renew a reciprocal permit, application for renewal
shall include evidence that the underlying massage therapist permit has been renewed by the
issuing jurisdiction and that it remains valid and current.
b. For renewal of a Reciprocal Permit,permittee shall pay a nonrefundable renewal
application deposit fee of ten dollars to help defray the expense of administering this chapter.
C. A reciprocal permit shall not be renewed if the underlying massage therapist
permit has expired and has not been renewed, or the underlying permit has been revoked, or is
otherwise no longer valid. If renewal of a reciprocal permit is denied because the underlying
permit is no longer valid, permittee shall submit a complete, original application and comply
with all submission requirements set out above for application for an original massage therapist
permit. All such applications shall include an explanation of the reason that the reciprocal permit
is no longer valid.
2. Renewal of Original Permits.
a. For renewal of an original massagists therapist permit, including a permit issued
by the city prior to the adoption of this chapter, permittee shall include a current physicians
certificate, as described above, with his or her renewal application.
b. For renewal of an original massage therapist permit,permittee shall also pay a
nonrefundable renewal application deposit fee of one hundred dollars at the time of filing the
renewal application to help defray the expense of administering this chapter.
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C. Applications that are not renewed prior to the expiration date of the permit will be
inactivated. Applicants may re-activate their permit within eighteen months of the expiration
date of the permit by providing the information as required in the above subsection B. Should the
eighteen-month time period expire, the applicant must complete the entire application process
including a background check. (Ord. 993 § 4 (part), 2002)
5.90.140 Therapists dress and identification.
A. During all times that he or she is performing or offering to perform massage
therapy services, every massage therapist shall wear a badge that identifies his or her first or last
name. Upon receipt of a request or complaint by a patron, the massage therapist shall advise the
patron of the full name of the massage therapy establishment through which the massage therapy
services were arranged, and the identity of the permit administrator through whom the therapist
was issued his or her qualifying massage therapist permit.
B. All massage therapists shall have in their possession a valid permit issued
pursuant to the Coachella Valley Model Massage Ordinance as well as valid identification at all
times that he or she is performing or offering to perform massage therapy services within the
city.
C. All massage therapists shall wear non-transparent outer garments covering all
specified anatomical areas while performing or offering to perform any massage therapy
services. (Ord. 993 § 4(part), 2002)
5.90.150 Other prohibited activities.
A. It is unlawful for any massage therapist, any patron or any other person present
where massage therapy services are being offered or performed, to expose or touch any specified
anatomical areas, whether his or her own, or those of another person.
B. It is unlawful for any massage therapist, any patron, or any other person present
where massage therapy services are being offered or performed, to be in a state of full nudity or
semi-nudity.
C. It is unlawful for any massage therapist, any patron, or any other person present
where massage therapy services are being offered or performed, to engage in any specified
sexual activities.
D. No person shall provide or offer to provide any massage therapy services to a
minor unless written permission is provided by the minors parent or legal guardian.
E. No permittee shall provide or offer to provide massage therapy services under any
name not specified in the qualifying permit.
F. No permittee shall provide or offer any alcoholic beverage to a patron during the
course of providing or offering to provide any massage therapy service.
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G. No permittee shall transfer or assign any permit issued pursuant to this Chapter to
another person or entity. Any attempted transfer shall result in the automatic termination of said
permit. (Ord. 993 § 4 (part), 2002)
5.90.160 Permits issued Pursuant to suPerceded ordinance.
Provided the massage therapist held a permit validly issued by the City prior to the
effective date of the ordinance codified in this chapter, and was in compliance with all
requirements of the city with respect thereto, said permit holders shall have until the expiration
date of said permit, or one year from the effective date of this chapter,whichever date is earlier,
to obtain a permit issued pursuant to the provisions of this chapter. (Ord. 993 § 4(part), 2002)
5,90,170 Suspension and revocation of permit.
A massage therapist permit and any off-premises endorsement issued pursuant to the
Coachella Valley Model Massage Ordinance, or any predecessor ordinance, shall be revoked by
the permit administrator whom has issued the permit if he or she receives notice that, after
administrative proceedings conducted in conformity with the citys municipal code, the city has
made any of the following findings or determinations with respect to the permittee:
A. The massage therapy business or service is conducted in a manner that does not
comply with all applicable laws, including,but not limited to, this chapter and the citys building,
zoning and health regulations.
B. The holder.of the permit is convicted of any disqualifying conduct or is required
to register as a sex offender as set forth in California Penal Code Section 290;
C. The permittee fails to notify the permit administrator of any update to the
information contained in the application that is required to keep the information current;
D. Information contained in the approved application is inaccurate;
E. Any patron of the permittee contracts any communicable disease during the
course of any services offered by the permittee;
F. The holder of the permit, or any applicant therefore,refuses to allow
representatives of the city or permit administrator to inspect business records of the permittee, or
any premises utilized by the permittee for massage therapy services;
G. The permittee fails to comply with any of the provisions of this chapter; or
H. The holder of the permit has ceased to meet any of the requirements for issuance
of the permit. (Ord. 993 § 4 (part), 2002)
It is unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in
conducted or carried on, in or upon any premises in the city, the application of massage or the
operation of a massage establishment if such person's permit or Massage Therapy Organization
certification has been revoked.
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5.90.180 Appeals.
A. Any person aggrieved by a decision of the permit administrator may file an appeal
to the city council that conforms to the following requirements:
1. All appeals shall be in writing and shall contain the following information: (a)
name(s)of the person filing the appeal (appellants), (b) a brief statement in ordinary and concise
language of the grounds for the appeal; and(c)the signatures of all parties named as appellants
and their mailing addresses.
2. A filing fee for an appeal of one hundred dollars, or other amount as established
from time to time by city council resolution,must be paid to the city at or prior to the time of the
filing of the appeal.
3. Any appeal filed that fails to provide all of the information required by this
section and the appropriate filing fee shall be deemed incomplete.
4. A complete and proper appeal of the denial of a permit application shall be filed
with the city clerk within ten calendar days of service of the letter denying the application or
within ten calendar days of any other action that is the subject of appeal.
B. After receiving the written appeal,the city clerk shall schedule a public hearing
before the city council at the next regularly scheduled city council meeting for which there is
sufficient time to have the matter properly noticed.
C. The decision of the city council shall be final. (Ord. 993 § 4(part), 2002)
5.90.190 Other remedies.
A. Any violation of the provisions of this chapter is unlawful and a public nuisance,
subject to abatement,removal or enjoinment thereof in the manner provided by law.
B. Any violation of the provisions of this chapter shall constitute an infraction
violation and the violator shall be subject to the imposition of criminal penalties and civil fines.
For each separate violation of any provision of this chapter, the person convicted of such
infraction shall be subject to the following fines for each separate violation: (a) a fine in an
amount not to exceed two hundred fifty dollars for a first conviction of an offense; (b) a fine in
an amount not to exceed five hundred dollars for a second conviction of the same offense within
a twelve month period from the date of the first offense; and(c) a fine in an amount not to
exceed seven hundred fifty dollars for a third conviction of the same offense within a twelve
month period from the date of the first offense. The fine for a fourth and subsequent convictions
of the same offense within a twelve month period of the date from the first offense shall be one
thousand dollars.
C. In lieu of issuing an infraction citation,the city may issue an administrative
citation, and/or assess an administrative fine consistent with the infraction civil fines set out
above, pursuant to any other ordinance within its municipal code.
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D. Nothing in this section shall preclude the city from issuing an infraction or
misdemeanor citation upon the occurrence of the same subject offense on a separate day.
E. The remedies provided herein are not to be construed as exclusive remedies and,
in the event of violation, the city may pursue any proceedings or remedies otherwise provided by
law. (Ord. 993 § 4 (part), 2002)
5.90.200 Exemptions.
The provisions of this chapter shall not apply to any of the following:
A. Any physician, surgeon, chiropractor, osteopath or acupuncturist duly licensed to
practice their respective professions in the state of California, or any nurse or physical therapist
working under the supervision thereof, when engaging in any massage therapy practice or
activity within the scope of said license. Practical nurses or other persons without qualifications
as massage therapists or other persons not duly licensed by the state of California to practice
pursuant to the Medical Practice Act, whether or not employed by a physician, surgeon,
chiropractor, osteopath or acupuncturist,may not perform or offer to perform massage therapy
without first obtaining a massage therapist permit pursuant to the provisions of this chapter.
B. Any treatment administered in good faith in any course of the practice of any
healing art or profession by any person licensed to practice any such art or profession under the
Business and Professions Code of the state of California or any other laws of the state of
California.
C. Barbers,beauticians,manicurists and pedicurists who are duly licensed under the
laws of the state of California, except that this exemption shall apply solely to the massaging of
the scalp, face, neck, arms, hands or feet of the customer or client for cosmetic or beautifying
purposes. (Ord. 993 § 4 (part), 2002)
5.90.210 Transfer of permit.
No massage therapist permit or off-premises endorsement shall be transferable and any
attempted transfer shall render the permit null and void. (Ord. 993 § 4 (part), 2002)
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