HomeMy WebLinkAboutORD 993ORDINANCE NO. 993
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA AMENDING AND DELETING PORTIONS OF
CHAPTER 5.87 (MASSAGE ESTABLISHMENT AND MASSAGISTS)
(AMENDING ORDINANCE 870) AND ADDING CHAPTER 5.90
(MASSAGISTS) IN THE PALM DESERT MUNICIPAL CODE
REGARDING ISSUING PERMITS FOR MASSAGISTS.
WHEREAS, the City Council previously adopted Chapter 5.87 (Massage
Establishments and Massagists) to provide for the permitting and regulation of massage
establishments and massagists; and
WHEREAS, the Coachella Valley Association of Governments has
recommended that cities within the Coachella Valley adopt the Coachella Valley Model
Massage Ordinance in order to standardize the permitting of massagists within the
Coachella Valley and to provide for reciprocal recognition by participating jurisdictions of
permits issued in other jurisdictions; and
WHEREAS, the City Council desires to adopt the Coachella Valley Model
Massage Ordinance and to amend Chapter 5.87 to delete conflicting massage
permitting provisions.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT
DOES ORDAIN AS FOLLOWS:
SECTION I
FINDINGS
A. The City Council finds that massage therapy is an integral component of
the scope of services sought by residents and tourists when visiting the Coachella
Valley.
B. The City Council finds and determines that licensing standards pertaining
to massage therapy business activities are necessary to protect the public health and
safety and the personal safety of massage therapists.
C. The City Council further finds that public health and safety is best served
by the adoption of a model ordinance providing for regulation of massage therapy
activities in a manner that is consistent throughout the Coachella Valley.
D. The City Council finds and determines that a deposit fee is necessary to
offset the costs associated with the implementation and administration of this ordinance.
ORDINANCE NO. 993
SECTION II
PURPOSE AND INTENT
A. The purpose of this ordinance is to insure the protection of the public
health and safety and the personal safety of massage therapists through the
establishment of certain licensing standards pertaining to massage therapy business
activities within the Coachella Valley and to recognize massage therapy as a legitimate
business occupation and health enhancement service.
B. This model ordinance, upon adoption by this and the other cities within the
Coachella Valley, shall provide for the consistent regulation and reciprocal permitting of
massage therapy business activities throughout the Coachella Valley.
C. Nothing in this ordinance is intended to permit any use, conduct, and/or
activity that violates any federal, state or local law or regulation.
SECTION III
Chapter 5.87 is amended as follows:
A. The chapter title shall read: "Massage Establishment and Massagists".
B. Section 5.87.020 "C. Director" shall be amended to read as follows:
"Director means the Director of Finance or his or her
delegated representative".
C. Section 5.87.020 "H. Outcall Massage Service" shall be amended to read
as follows:
"Off -premise Massage" 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."
D. Section 5.87.030 "C. Application Fee" shall be amended to read as
follows:
"The application fee for a massage establishment permit
shall be Five Hundred Dollars ($500.00) and is non-
refundable and shall be used to defray the cost of the
investigation and processing as set forth herein. The fee set
forth in this Section shall be in effect until the City Council
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shall, by resolution, fix some other rate based upon a cost
factor."
E. Section 5.87.030 "E. Renewal of Permit" shall be amended to read as
follows:
"All permits shall expire one year from the date it is issued.
Applications for renewal of a permit shall be made 60 days
prior to the expiration date of the permit. The renewal
application fee for a massage establishment permit shall be
One Hundred Dollars ($100.00). Said renewal application
fees are non-refundable and shall be used to defray the cost
of investigation and processing said renewal application.
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."
F. Section 5.87.030 "D. Massagist's Permit Required" is deleted.
G. Section 5.87.050 "Nonconforming uses and permits" is amended to delete
subsection "B".
H. Section 5.87.070 "Special events permit required" shall be amended to
read as follows:
"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, 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 to
perform massage at any other location in the city at any
other time, unless each massagists has fulfilled the
requirements of Chapter 5.90 and has a current permit to
perform massage."
I. Section 5.87.080 "Application for massagists permit - - Types of permit" is
deleted in its entirety.
J. Section 5.87.100 is amended to read:
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"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')."
K. Subsection "D" of Section 5.87.160 "Approval of permits" shall be
amended to read as follows:
"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.
L. Subsection "L" of Section 5.87.130 "Massage Establishment; Application
for Permits" shall be amended to read as follows:
"The business occupation or employment history of the
applicant for the last ten-year (10) 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 (10%) of the
stock of the corporation. If the applicant is a partnership, this
requirement applies to each of the partners, including limited
partners."
M. Subsection "M" of Section 5.87.130 "Massage Establishment; Application
for Permit" shall be amended to read as follows:
"Each residential and business address of the applicant for
the ten-year (10) 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 (10%) 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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N. Subsection "P" of Section 5.87.130 "Massage Establishment; Application
for Permit" shall be amended to read as follows:
"Applicant must furnish a diploma or certificate of graduation
of (i) 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
(500) 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
(500) hours of training from a Recognized School of
Massage.
O. Section 5.87.130 "U. Massage Establishment; Application for Permit" shall
be deleted.
P. Subsection "H" of Section 5.87.160 is deleted in its entirety.
Q. Subsection "B (6)" of Section 5.87.180 is deleted in its entirety.
R. Subsection "B (7)" of Section 5.87.180 "Suspension, revocation of permit'
shall be amended to read as follows:
7. The applicant has been convicted of disqualifying
conduct, as defined in Section 5.90.010.
SECTION IV
Chapter 5.90 is hereby added to Title V of the Palm Desert Municipal Code to
read as follows:
"CHAPTER 5.90 - MASSAGISTS PERMITS
SECTION 5.90.010 - DEFINITIONS
A. `Applicant' means the individual seeking a permit pursuant to this
Chapter.
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B. `Certified copy' shall mean 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.
v
C. `Certified statement shall mean a written assertion, claim or
declaration bearing the original signature of the issuer.
D. `Coachella Valley Model Massage Ordinance' shall mean the
provisions of this ordinance as adopted by this or any other
jurisdiction within the Coachella Valley.
E. `Communicable disease' shall mean 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' shall mean 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 (5) years of any application made pursuant to •w.
this Chapter:
(a) Pandering as set forth in California Penal Code Section 266i;
(b) Keeping or residing in a house of ill -fame as set forth in
California Penal Code Section 315;
(c) Keeping a house for the purpose of assignation or
prostitution, or other disorderly house as set forth in
California Penal Code Section 316;
(d) Prevailing upon a person to visit a place of illegal gambling
or prostitution as set forth in California Penal Code Section
318;
(e) Lewd conduct as set forth in California Penal Code Section
647, subdivision (a);
(f) Prostitution activities as set forth in California Penal Code
Section 647, subdivision (b);
(g) Any offense committed in any other state which, if committed
or attempted in this state, would have been punishable as
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one or more of the offenses set forth in California Penal
Code Sections 266(i), 315, 316, 318, or 647, subdivisions (a)
or (b);
(h) Any felony offense involving the sale of any controlled
substance specified in California Health and Safety Code
Sections 11054, 11055, 11056, 11057, or 11058;
(i) 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;
(j) 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
(k) Any felony the commission of which occurred on the
premises of a massage therapy establishment.
H. `Filing date of application' shall mean 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.
`Full nudity' or `semi -nudity' shall mean 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 are responsible for the
management and/or supervision of a massage therapy business.
K. `Massage' or `massage therapy' shall mean 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
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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' shall include
such manipulation of the body or similar procedures described inrz
this paragraph that are performed in hydrotherapy, spa or similar
bath facilities.
L. `Massage therapy establishment' shall mean 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' shall mean an individual who, for any
consideration whatsoever, performs or offers to perform a
massage.
N. `Operator' shall mean 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.
O. `Off -premises massage' shall mean 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.Ty.
P. 'Patron' shall mean any person who receives a massage in
exchange for any form of consideration including, but not limited to,
the payment of money.
Q. `Permit' shall mean the written license to engage in the practice of
massage for compensation as required by the Coachella Valley
Model Massage Ordinance. A 'Reciprocal Permit' shall mean a
permit issued by this jurisdiction based solely on the fact that
applicant holds a valid massage therapist permit issued by another
jurisdiction pursuant to the Coachella Valley Model Massage
Ordinance. An `Original Permit' shall mean a massage therapist
permit issued by this jurisdiction without regard to whether or not
applicant holds a massage therapist permit issued by another
jurisdiction.
R. 'Permit Administrator' means the designated official responsible
for issuing, revoking and otherwise administering any provision of
this Chapter. •"'"
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S. 'Permittee' shall mean the person to whom a permit has been
issued pursuant to the Coachella Valley Model Massage Ordinance
and the applicants therefore.
T. `Person' shall mean 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 (f) any other legal
entity.
U. `Physician's Certificate' shall mean 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.
V. 'Recognized School of Massage' shall mean 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.
W. 'Specified anatomical area' shall mean human genitals, pubic
region, anus, or a female breast below a point immediately above
the top of the areola.
X. `Specified sexual activities' shall mean 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 inter-
course, oral copulation, masturbation, or sodomy.
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SECTION 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.
SECTION 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.
SECTION 5.90.040 - PERMIT ADMINISTRATOR'S 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 Administrator's responsibilities,
words such as "shall" and "must" are not intended by the City to self -impose liability and am
are instead intended only to be directory.
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SECTION 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:
(a) A certified copy of a current massage therapist permit
issued, pursuant to the Coachella Valley Model Massage
Ordinance, by any other jurisdiction;
(b) 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
(c) A nonrefundable application fee of twenty-five dollars
($25.00) 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.
SECTION 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 applicant's 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 applicant's
qualifications and that the applicant has met the requirements necessary to perform
massage therapy at that facility;
C. The applicant's home and business addresses, corresponding
telephone numbers, and permanent address and telephone number, if different;
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D. Written evidence that the applicant is at least eighteen years of 'm
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;
Applicant's weight, height, color of hair and eyes, and sex;
J. The applicant's driver's license number or identification number;
K. The applicant's fingerprints taken within the previous sixty (60) days
by an agency approved by the Permit Administrator;
L. The applicant's 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:
(a) Certified copy of the applicant's 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
(b) Certified transcript from a Recognized School of Massage
verifying applicant has successfully completed a course of study
requiring at least three hundred (300) hours of massage therapy
training. If the application is submitted concurrently with an
application for an off -premises endorsement, the minimum hours of
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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 applicant's 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 and fifty dollars ($150.00) at the time of filing an application to defray the
costs of administering this Chapter.
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SECTION 5.90.070 - SUPPLEMENTAL APPLICATION FOR OFF -PREMISES
ENDORSEMENT an%
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 set out at Appendix B.
The following information, documents and other requirements shall be included with the
submission of all such applications:
A. The applicant's legal name;
B. A copy of applicant's 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:
(a) Certified copy of the applicant's 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
(b) Certified transcript from a Recognized School of Massage
verifying applicant has successfully completed a course of study
requiring at least five hundred (500) 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 ($50.00) 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.
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SECTION 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 30 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 (60) business days of receipt of a complete application. The
Permit Administrator shall grant or deny a Reciprocal Permit or a renewal application
within thirty (30) calendar days of receipt of a complete application therefore.
SECTION 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:
(a) The applicant is not eighteen years of age or older;
(b) The application contains false information;
(c) 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
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National Certification Board for Therapeutic Massage and
Bodywork; """
(d) The applicant has been convicted of disqualifying conduct;
(e) The applicant is required by the California Penal Code to
register as a sex offender;
(f) 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
(g) 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.
SECTION 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.
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 permittee's massage therapist permit includes an off -premises
endorsement.
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SECTION 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:
(a) A certified copy of a valid permit issued by any other
jurisdiction;
(b) A certified copy of the provisions of the ordinance or other
local law pursuant to which the permit was issued by said other
jurisdiction;
(c) Proof of identification; and
(d) A nonrefundable application deposit fee of twenty-five dollars
($25.00).
C. All temporary permits shall automatically expire thirty (30) 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
(30) days provided that the entire term of the subject temporary permit does not exceed
a total period of ninety (90) 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.
SECTION 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. _.
SECTION 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 (30)
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:
(a) Renewal of a Reciprocal Permit:
i. 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.
ii. For renewal of a Reciprocal Permit, permittee shall pay a
nonrefundable renewal application deposit fee of ten dollars
($10.00) to help defray the expense of administering this Chapter.
iii. 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.
(b) Renewal of Original Permits:
i. For renewal of an original massagist's therapist permit,
including a permit issued by the City prior to the adoption of this
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ORDINANCE NO. 993
Chapter, permittee shall include a current Physician's Certificate, as
described above, with his or her renewal application.
ii. For renewal of an original massage therapist permit,
permittee shall also pay a nonrefundable renewal application
deposit fee of one hundred dollars ($100.00) 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 (18)
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.
SECTION 5.90.140 - THERAPIST'S 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.
SECTION 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.
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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 minor's 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.
SECTION 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 this ordinance, 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.
SECTION 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 City's
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 City's building, zoning and health regulations.
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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.
SECTION 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:
(a) 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.
(b) A filing fee for an appeal of $100, 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) Any appeal filed that fails to provide all of the information
required by this Section and the appropriate filing fee shall be
deemed incomplete.
(d) A complete and proper appeal of the denial of a permit
application shall be filed with the City Clerk within ten (10) calendar
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days of service of the letter denying the application or within ten
(10) 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.
SECTION 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 ($250.00) for a
first conviction of an offense; (b) a fine in an amount not to exceed five hundred dollars
($500.00) for a second conviction of the same offense within a twelve (12) month period Am"*
from the date of the first offense; and (c) a fine in an amount not to exceed seven
hundred fifty dollars ($750.00) for a third conviction of the same offense within a twelve
(12) month period from the date of the first offense. The fine for a fourth and
subsequent convictions of the same offense within a twelve (12) month period of the
date from the first offense shall be one thousand dollars ($1,000.00).
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.
SECTION 5.90.200 - EXEMPTIONS
The provisions of this Chapter shall not apply to any of the following:
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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
neck, arms, hands, or feet of the
beautifying purposes.
SECTION 5.90.210 -TRANSFER OF PERMIT
he massaging of the scalp, face,
customer or client for cosmetic or
No massage therapist permit or off -premises endorsement shall be transferable
and any attempted transfer shall render the permit null and void.
SECTION V
SEVERABILITY
If any section, subsection, subdivision, paragraph, sentence, clause, or phrases
in this ordinance or any part thereof is for any reason held to be unconstitutional or
invalid or ineffective by any court or competent jurisdiction, such decision shall not affect
the validity or effectiveness of the remaining portions of this ordinance or any part
thereof. The City Council hereby determines that it would have passed each sentence,
subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of
the fact that any one or more subsections, subdivisions, paragraphs, sentences,
clauses or phrases be declared unconstitutional, or invalid, or ineffective.
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SECTION VI
CEQA COMPLIANCE
Pursuant to state and local environmental regulations, it has been determined
that the regulations encompassed in this ordinance are not considered to have a
significant impact on the environment. The proposed action is further deemed to be
classified as a Categorical Exemption pursuant to state and city environmental
regulation.
PASSED, APPROVED AND ADOPTED this 24th day of January 2002, by the
City Council of the City of Palm Desert, California, by the following vote, to wit:
AYES: BENSON, CRITES, FERGUSON, SPIEGEL, KELLY
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
litt'.'OkA am%
RICHARD S. K LY, Mayor
City of Palm Desert, California
ATTEST:
.Fen� SH ILA R. GILLIGAN, City Clerk
City of Palm Desert, California
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