HomeMy WebLinkAbout99-26 CC OrdinanceORDINANCE NO. 99-26
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, CALIFORNIA, ADDING CHAPTER 5.22 TO THE
TEMECULA MUNICIPAL CODE ESTABLISHING REGULATIONS
FOR PRACTICE OF MASSAGE WITHIN THE CITY OF TEMECULA,
REPEALING RIVERSIDE COUNTY ORDINANCE NO. 598 AS
ADOPTED BY THE CITY, AND AMENDING SECTION 1.08.010 OF
THE TEMECULA MUNICIPAL CODE RELATING TO ADOPTION BY
REFERENCE OF RIVERSIDE COUNTY ORDINANCES
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS:
Section 1. FindinCls. In adopting this Ordinance, the City Council of the City of
Temecula makes the following findings:
A. The use of therapeutic massage by members of the community has increased
substantially in recent years. The type of massage services and the manner in which such services
are provided to members of the community has also changed to meet the new demands of the
community. Accordingly, it is necessary for the City to revise its massage regulations to reflect the
changes in the manner in which massage services are provided to members of the public by
massage professionals.
B. State law allows cities to license massage establishments and those persons
who provide massage services.
C. Given the absence of comprehensive state regulations, local regulation of
massage establishments and those who provide massage services is necessary to protect the public
health, safety, and welfare by:
1. Establishing and requiring a clean and safe environment for
massage services be maintained;
2. Requiring minimum standards for the education, training, and
conduct of massage practitioners; and,
3. Enhancing public confidence in those who provide massage
services within the City of Temecula.
Section 2. Title 5, "Business Licenses and Regulations," of the Temecula Municipal
Code is hereby amended by adding Chapter 5.22, "Massage Establishments," to the Temecula
Municipal Code to read as follows:
"CHAPTER 5.22
MASSAGE ESTABLISHMENTS
5.22.010 Definitions.
For the purposes of this Chapter, only the words, terms, and phrases set forth in this Section
shall have the meanings herein set forth unless the context cleady requires a different meaning.
Ords~99-26 I
A. 'Accredited School of MassaCle' means a licensed educational enterprise accredited
to provide bona fide education in the field of massage. Such accreditation must be awarded by the
governmental agency having jurisdiction upon these schools.
B. 'Director' means the Director of Community Development or his or her designee.
C. 'Employee' means and includes every owner, partner, manager, supervisor, and
worker, whether paid or not, who renders massage services, or activities that further massage
services, of any nature in the operation of a Massage Establishment;
D. 'License' means the approval to perform massage services. This includes a valid
Massage Technician's License issued by the County of Riverside.
Chapter.
'Permit' means the Permit to operate a Massage Establishment as required by this
F. 'Massa.qe' means: those techniques which employ procedures intended to affect the
skin, muscular structure, soft connective tissues, and/or the energetic system of the human body.
The application of these techniques may include, but is not limited to: stroking, kneading, tapping,
compression, vibration, rocking, friction, pressure, and those techniques based on manipulation or
the application of pressure to the muscular structure or soft tissues of the human body. It may also
include non-forceful passive or active movements, and/or application of techniques intended to affect
the energetic systems of the body. The use of external herbal preparations and body wraps, body
scrubs, and/or oils, lotions, powders or other lubricants may also be included.
G. 'MassaQe Establishment' means any business organization having a fixed place of
business where any individuals, either as employees or as participants in a business organization,
including but not limited to a firm, association, partnership, corporation, joint venture, limited liability
company, or other combination of individuals, engages in, conducts, carries on, permits or suffers
to be engaged in, conducted, or carded on for consideration, massages or health treatments
involving massage. Massage Establishments may be in located in (i) space entirely devoted to a
Massage Establishment, (ii) within other types of businesses subject to the provisions of this
Chapter, or (iii) conducted upon the premises of a client.
H. 'Massa~3e Practitioner' means any person who administers massages to another
person for any consideration whatsoever and has completed at least 100 hours of education through
an accredited school of massage.
I. 'Person' means any individual, firm, association, partnership, corporation, joint
venture, limited liability company or partnership, or combination of individuals.
J. 'Person Who has Ent~afied in DisQualifvin{3 Conduct' means a person who:
1. Within ten (10) years immediately preceding the date of filing of the application in
question or, in the case of revocation or suspension proceedings, within ten (10) years of the date
of notice of hearing pursuant to Section 5.22.130, has been convicted in a court of competent
jurisdiction of:
a. Any misdemeanor or felony offense which relates directly to the
operation of a Massage Establishment, or effected public safety, whether as a Massage
Establishment owner or operator, or Massage Practitioner; or,
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b. Any felony, the commission of which occurred on the premises of a
Massage Establishment; or,
2. Within ten (10) years immediately preceding the date of the filing of the application
in question or, in the case of revocation or suspension proceedings, within ten (10) years of the date
of notice of revocation or suspension headng, whichever is applicable, has had any Massage
Establishment, operator, Massage Practitioner, or other massage related Permit or permit issued
by the State of Califomia, or any county or city revoked; or,
3. Within ten (10) years immediately preceding the date of the filing of the application,
or in the case of revocation or suspension proceedings, within ten (10) years of the date of notice
of revocation or suspension hearing, whichever is applicable, has been convicted in a court of
competent jurisdiction of:
a. Any violation of Califomia Penal Code Sections 266(h), 266(I), 315,
316, 318, or Section 674(b), as amended, which are hereby incorporated by reference; or,
b. Conspiracy or attempt to commit any such offense defined in
subsection 3.a. above; or,
c. Any offense in a jurisdiction outside the State of California which is the
equivalent of any of the aforesaid offenses; or,
d. Any felony offense involving the sale of a controlled substance
specified in Califomia Health and Safety Code Sections 11054, 11055, 11056, 11057, or 11058; as
amended, which are hereby incorporated by reference; or,
e. Has been found guilty of or pleaded guilty or nolo contendere to any
lesser-included offense of the violations identified in Subsections 3.a. and/or 3.d. above; or,
4. Is required to register under the provisions of California Penal Code Section 290; or,
5. Has been subjected to a permanent injunction against the conducting or maintaining
of a nuisance pursuant to California Penal Code Sections 11225 through 11235 or any similar
provisions of law in a jurisdiction outside the State of Califomia.
K. 'Specified Anatomical Areas' shall include the following human anatomical areas:
genitalia, anus, or female breast areola.
5.22.020 Massage Establishment Permit Required.
It shall be unlawful and a misdemeanor, subject to prosecution and punishment in
accordance with Section 1.20.010 et seq. of this Code, for any person as an owner or operator to
engage in, conduct, or carry on, in or upon any premises within the City the operation of a Massage
Establishment without a Permit obtained from the Director as required by this Chapter, unless such
person, owner or operator is exempted from the provisions of this Chapter by Section 5.22.025. A
separate Permit shall be obtained for each separate Massage Establishment operated by such
person. Upon payment of the appropriate application fee, a Massage Establishment Permit shall be
issued to any person who has complied with the requirements of this Chapter and all other applicable
provisions of the Code, unless grounds for denial of such Permit are found to exist. A Permit to
operate a Massage Establishment shall be valid for a pedod of one (1) year, commencing at the date
of issuance.
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5.22.025 Exemptions.
This Chapter shall not apply to the following classes of businesses:
A. Physicians, surgeons, chiropractors, or osteopaths who are duly licensed to practice
their respective professions in the State of California under the provisions of the Business and
Professions Code, while performing activities encompassed by such professional Permits; or,
B. Nurses or physical therapists who are duly licensed to practice their professions in
the State of California under the provisions of Business and Professions Code, while performing
activities encompassed by such professional Permits; or,
C. Other health care personnel engaged in the healing arts as regulated and licensed
by Division 2 of the Business and Professions Code; or
D. Athletic trainers certified by the State of Califomia performing training services at
bona fide professional, amateur or school athletic events or practices.
E. Chair massage services provided by a licensed massage practitioner in a public
location where the massage patron and practitioner remain fully clothed.
5.22.030 Requirements for Massage Establishment Permit Applications.
A. On the application the Applicant shall set forth, in reasonable detail, the exact nature
of the massage, bath, or health treatments to be administered, the proposed place of business and
facilities therefor in addition to the following information on forms approved by the Director:
1. The previous residence addresses of applicant, if any, for a pedod of ten (10) years
immediately prior to the date of the application and the dates of residence at each;
2. Reasonable proof that the applicant is at least eighteen (18) years of age;
3. The history of the applicant as to the operation of any Massage Establishment or
similar business or occupation within ten (10) years immediately preceding the filing of the
application. Such information shall include, but shall not be limited to, a statement under penalty of
perjury of the laws of the State of California as to whether or not such person, in previously operating
a Massage Establishment within this State under a license or permit, has had such license or permit
revoked or suspended and the reasons thereto; and the business, activity, or occupation the permit
applicant engaged in subsequent to such action of revocation or suspension;
4. Business, occupation, or employment history of the applicant for the ten (10) years
immediately preceding the date of the application;
5. Applicant's height, weight, eye color, and hair color;
6. Fingerprints for purposes of establishing identification;
7. Two (2) pdnts of a recent passport-size and type colored photograph of the applicant;
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8. All cdminal convictions or offenses described in Paragraph J of Section
5.22.010; whether the applicant is required to register under the provisions of California Penal Code
Section 290; whether the applicant, including a corporation or partnership, or a former employer of
the applicant while so employed, or a building in which the applicant was so employed or a business
conduded, was ever subjected to an abatement proceeding under Califomia Penal Code Sections
11225 through 11235 or any similar provisions of law in a jurisdiction outside the State of Califomia;
9. If the applicant:
a. Is a corporation, then the application shall set forth the name of the
corporation shall be set forth exactly as shown in its articles of incorporation, together with the
names and residence addresses of each of its officers, directors, and each stockholder holding stock
in the corporation, along with the amount of stock held.
b. Is a partnership, then the application shall set forth the name and
residence addresses of each of the partners, including limited partners. If one or more of the
partners is a corporation, the provisions of this Section pertaining to a corporate applicant shall
apply.
c. Is a limited liability company, then the name of the company shall be
set forth exactly as shown in its articles of organization or operating agreement, together with the
names and residence addresses of each of its officers, directors, and each member along with a
description of the relative business interests of the members.
d. Is any other form of business organization, the application shall set
forth the name and residence of each participant.
10. The names and residence addresses of all persons currently employed or intended
to be employed in the Massage Establishment, regardless of the nature of the employment, including
the names and addresses of any person permitted pursuant to Section 5.22.020 along with the
proposed or actual nature of the work performed or to be performed, and recent passport-sized color
photographs, suitable for the Director to process the application of each such employee. The
Director shall require such employees to furnish fingerprints for the purpose of establishing
identification. Any applicant or permittee shall notify the City in writing of the names, addresses, and
nature of the work, or any new employees, within five (5) days of such employment, and supply the
photographs described in this subsection. Such new employees shall allow fingerprints to be taken
for the purpose of identification upon request
11. A statement in writing by the applicant that he or she certifies under penalty of perjury
of the laws of the State of California that the information contained in the application is true and
correct, said statement being duly dated;
12. Authorization for the City, its employees and agents to seek information and conduct
an investigation, including, but not limited to, a records check of prior convictions, into the truth of
the statements set forth in the application and the qualifications of the applicant for the Permit.
13. Such other information as may reasonably be deemed necessary by the Director;
B. Notwithstanding the fact that an application filed hereunder may be a 'public record'
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under Government Code Section 6250 et seq., certain portions of such application contain
information vital to the effective administration and enforcement of the licensing and/or permit
scheme established herein which is personal, pdvate, confidential, or the disclosure of which could
expose the applicant to a dsk of harm. Those portions of the application which are not subject to
disclosure are: the applicant's residence address and telephone number, the applicant's date of birth
and/or age, the applicant's ddver's Permit and/or Social Secudty Number, and/or personal financial
data. The City Council in adopting the application and licensing and/or permit system set forth herein
has determined in accordance with Govemment Code Section 6255 that the public interest in
disclosure of the information set forth above is outweighed by the public interest in achieving
compliance with this Chapter by ensudng that the applicant's pdvacy, confidentially, or security
interests are protected. The City Clerk shall cause to be redacted from any copy of a completed
Permit application made available to any member of the public, the information set forth above.
5.22.040 Massage Establishment Permit Application Fee.
Any application for a Permit to operate a Massage Establishment shall be accompanied by
a non-refundable fee in an amount established by resolution of the City Council. The application fee
shall be used to pay the costs of the investigation, any reports, and related application processing
issues.
5.22.050 Approval or Denial of a Massage Establishment Permit.
A. Within forty-five (45) calendar days following receipt of a completed application and
verification of the information contained in application, the Director shall either issue the Permit or
mail a written statement of the reasons for denial thereof. For the purposes of the timeline identified
in this section, the forty-five calendar day pedod does not begin until the City has received the
required law enforcement reports
B. The Director shall deny a Permit to any applicant where any of the following
conditions exist:
1. The applicant has made one (1) or more material misstatements in the application
for a Permit; or,
2. The applicant, or the partners, limited partners, shareholders, members, officers, or
the manager of the applicant, or any such individual, is a person who has engaged in disqualifying
conduct in the past ten (10) years, as described in Paragraph J of Section 5.22.010; or,
3. The Massage Establishment, as proposed by the Permit applicant, if permitted, would
not comply with all the applicable laws, including, but not limited to, all the City's building, fire, zoning,
and health regulations; or,
4. The applicant is lacking in the background and qualifications to conduct a bona fide
Massage Establishment; or,
5. Any persons to be employed by applicant are persons who have engaged in
disqualifying conduct as described in Paragraph J of Section 5.22.010; or,
6. The applicant has violated any provision of this Chapter, or any similar ordinance,
law, rule, or regulation of any other public agency which regulates the operation of Massage
Establishments; or,
7. The applicant is less than eighteen (18) years of age.
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Any appeal of the decision by the Director to deny a Massage Establishment Permit
shall be made in accordance with the provisions of Section 5.22.130 of this
Code.5.22.060
D. Applicability to Existing Massage Establishments.
Each owner or operator of a Massage Establishment legally doing business on the effective
date of this Chapter shall apply for a Permit not later than ninety (90) days therefrom, and shall
comply with all requirements which are prerequisites for issuance of a Permit before such a Permit
may be issued. If a Permit is denied for any such business, the business shall cease operation upon
issuance of the Directors decision.
5.22.070 Massage Establishment - Facility and Operational Requirements.
All Massage Establishments shall comply with all applicable requirements of Federal, State,
or local laws, rules, regulations and ordinances including, but not limited to the following cdteda:
A. Cabinets or other covered space shall be provided and used for the storage of dean
linen. Approved receptacles shall be provided for the storage of all soiled linen, paper towels, and
other discarded or disposed items.
B. Ventilation shall be provided in accordance with the applicable provisions of the
construction codes adopted by the City of Temecula as set forth in Title 15 of this Code. To allow
for adequate ventilation in cubicles, rooms, and areas provided for patrons' use, which are not
serviced directly by required windows or mechanical systems of ventilation, partitions shall be
constructed so that the height of partition does not exceed seventy-five percent (75%) of the
floor-to-ceiling height of the area in which they are located.
C. All Massage Establishments shall be provided with dean and sanitary towels, sheets,
and linens in sufficient quantity to service the patrons of the facility. Towels, sheets, and linens shall
not be used by or for more than one person. Reuse of linen is prohibited unless the same has first
been laundered. Heavy white paper may be substituted for sheets; provided that such paper is used
once for each person and then discarded into a sanitary receptacle.
D. All walls, ceilings, floors, pools, showers, bathtubs, steam rooms, and all other
physical facilities including appliances and apparatuses of the establishment must be in good repair
and maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor rooms,
or steam or vapor cabinets, shower compartments, and toilet rooms shall be thoroughly cleaned and
disinfected each day the business is in operation.
E. Disinfecting agents and sterilizing equipment shall be provided for any instruments
used in performing any massage and said instruments shall be disinfected and sterilized after each
use.
F. To assure patrons' health, safety, sanitation, and comfort, all employees and
massage practitioners shall be both physically clean and dressed in such a manner which does not
expose any Specified Anatomical Areas when performing services on patrons. There shall be no
nudity by employees of the Massage Establishment and employees shall not reveal Specified
Anatomical Areas while customers or patrons are present. All patrons shall be appropriately draped
so as to cover Specified Anatomical Areas while receiving massage services,
G. No Massage Establishment shall be kept open for business between the hours of
midnight and 7:00 a.m.
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H. No alcoholic beverages shall be sold, served, furnished, kept, or possessed on the
premises of any Massage Establishment, as the premises are defined in the Massage Establishment
Permit.
5.22.080
Display of Permits and Licenses.
The owner or operator of a Massage Establishment shall display the Permit for the business
and the License for each and every Massage Practitioner employed or doing business in the
establishment in an open and conspicuous place on the premises. Passport-size and type color
photographs of the Licensee and Permittee shall be affixed to the respective Licenses and permits.
5.22.090
Massage Practitioner License Required.
It shall be unlawful and a misdemeanor, subject to punishment in accordance with Section
1.20.010 et seq. of this Code, for any person to act as a Massage Practitioner unless such person
holds a valid license Massage Technicians License issued by the County of Riverside pursuant to
Ordinance 596, or is exempted from the provisions of this Chapter by Section 5.22.025. A License
for a Massage Practitioner shall be valid for a pedod of one (1) year commencing at the date of
issuance.
5.22.100 Inspection by Officials.
Any and all investigating officials of the City shall have the right to enter Massage
Establishments from time to time dudng regular business hours and make reasonable inspections
to observe and enfome compliance with building, fire, electrical, plumbing, or health regulations, and
to ascertain whether there is compliance with the provisions of this Chapter. No such inspections
shall be done in a manner that unreasonably interferes with the legitimate business operations of
the facility.
5.22.110 Notice of Violation.
A. VVhenever the City conducts an inspection of a Massage Establishment and finds that
any provision of this Chapter has been violated, the Director shall give notice of such violation by
means of an inspection report or other wdtten notice. In any such notification, the Director shall:
1. Set forth the specific violation or violations found;
2. Establish a specific and reasonable pedod of time for the correction of the violation
or violations. If the Director determines that the violation or violations are minor in nature, the
Director may issue a warning to the permittee or licansee that any further violation of this Chapter
may result in the filing of a complaint for revocation or suspension of the Permit or permit;
3. State that failure to comply with any notice issued in accordance with the provisions
of this Chapter may result in the Director filing a complaint for revocation or suspension of the Permit
or License.
B. Violations of Sections 5.22.070 and 5.22.080, whether or not a Permit was issued in
accordance with the provisions of this Chapter, may be cited pursuant to the provisions of Chapter
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1.21 of the Temecula Municipal Code. Every day that these provisions are violated shall be a
separate violation of this Chapter. Every violation of this Chapter shall be punishable as a
misdemeanor. Notwithstanding these provisions, any violation of the provisions of Sections 5.22.070
and 5.22.080 may also be prosecuted under the provisions of Section 5.22.120.
5.22.120
Revocation or Suspension of a Massage Establishment Permit or Massage
Practitioner License.
After an investigation, notice, and headng, any Permit issued for a Massage Establishment
or License issued to a Massage Practitioner may be revoked or suspended by the Director where
any of the following is found:
A. The permittee/licensee has violated any provisions of this Chapter; or,
B. The permittee/licensee is a person who has engaged in disqualifying conduct as
described in Paragraph J of Section 5.22.010; or,
C. The permittee/licensee has failed to comply with one or more of the facilities and
operations requirements of Section 5.22.070; or,
D. The permittee/licensee has failed to comply with the requirements of Section
5.22.080; or,
E. The permittee/licensee has engaged in fraud, misrepresentation, or false statement
in conducting the Massage Establishment; or,
F. The permittee/licensee has continued to operate the Massage Establishment after
the Permit has been suspended; or,
G. The permittee has allowed a person to work as a massage practitioner who:
1. Does not have a valid Massage License pursuant to Section 5.22.090 of the
Temecula Municipal Code; or,
2. Has engaged in conduct or has been convicted of an offense described in Paragraph
J of Section 5.22.010 when the permittee has actual or constructive knowledge of such conduct or
conviction.
5.22.130 Hearing on Revocation or Suspension of a Massage Establishment Permit.
A. Upon determining that grounds for revocation or suspension exist, as set forth in
Sections 5.22.120, the Director shall furnish written notice of the proposed revocation or suspension
of the Permit to the Permittee. The Notice shall contain a summary of the reasons for the proposed
revocation or suspension and a statement that the Permittee has ten (10) calendar days of the date
on the notice to request a hearing under the provisions of this Section. This Notice shall be
delivered to the Permittee in the following manner:
1. By posting the Notice at the location of the Massage Establishment;
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2. By sending the Notice by certified mail, postage prepaid, addressed to the Permittee
as that name and address appear on the Permit; and,
3. By sending the Notice by regular mail, postage prepaid, addressed to the Permittee
as that name and address appear on the Permit.
B. If a request for a headng is filed within the required time pedod, the City Manager
shall appoint a Hearing Officer, within five (5) business days after receiving the request, to conduct
a headng. The Headng Officer shall be a professional in the field of dispute resolution. The Hearing
Officer shall schedule the hearing within twenty (20) calendar days of the City Managers
appointment.
C. Notice of time and place of the hearing shall be given to the Permittee by personal
service or via certified mail and regular mail, postage prepaid, at least ten (10) business days in
advance of the date set for the hearing.
D. The Hearing Officer shall conduct the hearing, receive oral and written testimony and
other evidence, and subsequently prepare findings of fact. At the hearing, the Permittee and the
Director shall be entitled to present relevant evidence, testify under oath, and call witnesses who
shall testify under oath. The Hearing Officer shall receive such evidence as would be relied upon
by persons in the conduct of serious affairs. The Hearing Officer shall not be bound by the statutory
rules of evidence in the conduct of the hearing, except that hearsay evidence may not be the sole
basis for the determination of whether an ultimate fact exists.
E. Within ten (10) business days of the conclusion of the hearing, the Hearing Officer
shall submit the evidence received and his or her wdtten findings of fact to the City Manager.
F. Within ten (10) business days thereafter, the City Manager shall hold a hearing and
shall decide whether the grounds for revocation or suspension under Section 5.22.120 exist. The
City Manager's decision shall be based only on the evidence received by the Hearing Officer, the
findings of fact of the Hearing Officer, and the written and oral arguments of the Director and the
Permittee. Evidence which was not introduced at the hearing before the Hearing Officer shall not
be received or considered by the City Manager.
G. The City Manager's decision shall be in writing and shall contain written findings of
fact and his or her conclusions of whether any grounds for revocation or suspension of the Permit
exist. The decision of the City Manager shall be final and conclusive and is not be appealable to the
City Council.
H. The City Managers decision on the revocation or suspension of the permit shall be
served upon the Permittee by personal service or via certified mail and regular mail, postage prepaid,
at the address of the Permittee contained in the Permit. The City Managers decision shall be
effective upon personal service or, if service is by mail, then two (2) business days following the
deposit of the decision with the U. S. Postal Service.
5.22.140 Return of Permit or License.
In the event that a Permit or Licensed is suspended, revoked or invalidated, the Permittee/
Licensee shall forward their copy of the Permit or License to the City official who issued it not later
than the end of the third (3rd) business day after notification of the cancellation, suspension,
revocation or invalidation. The failure to return a Massage Establishment Permit or Massage
Practitioners License to the City within three (3) business days after notification shall constitute a
violation of Section 5.22.020.
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5.22.150 Reapplication after Denial or Revocation.
A. An applicant for a Permit under this Chapter whose application for such Permit has
been denied may not reapply for such Permit for a pedod of ten (10) years from the date such notice
of denial was deposited in the mail or received by the applicant, whichever occurs first. However
a reapplication pdor to the termination of ten (10) years may be made if accompanied by evidence
that the ground or grounds for denial of the application or revocation no longer exist.
B. A permittee under this Chapter whose Permit has been revoked, canceled, or
terminated may not reapply for such Permit for a period of ten (10) years from the date such
revocation, cancellation, or termination. However a reapplication pdor to the termination of ten (10)
years may be made if accompanied by clear and convincing evidence that the ground or grounds
for denial of the application no longer exist.
5.22.160 Business Name.
No person permitted to operate a Massage Establishment shall operate under any name or
conduct business under any name or designation not specified in the Permit.
5.22.170
Business Name Change.
Upon a proposed change of location of a Massage Establishment, an application shall be
made to the Director, and such application shall be granted, subject to and provided all applicable
provisions of this Chapter am complied with, and a change of location fee in an amount established
by a resolution of the City Council to pay the costs of investigation and repod has been paid to the
City.
5.22.180 Sale or Transfer of Massage Establishment Interest.
A sale or transfer of any interest in a Massage Establishment, which interest would be
reported as required in this Chapter upon application for a Massage Establishment Permit, shall be
reported to the Director within ten (10) days subsequent to the sale or transfer. The Director shall
investigate any person receiving any interest in a Massage Establishment as a result of such sale
or transfer, and if such person satisfies the requirements relating to Massage Establishment Permit
applicants, the existing Permit shall be endorsed to include such person. A fee as set forth by
resolution of the City Council shall be paid to the City for the investigation by the Director
necessitated by each such sale or transfer.
5.22.190 No Refund of Application or Processing Fees.
No refund or rebate of any Permit or Permit shall be allowed by the reason of the fact that
the permittee discontinues an activity for which a Permit or Permit is required pursuant to this
Chapter, or that the Permit or Permit is suspended or revoked."
Section 3. Upon the effective date of this Ordinance, Riverside County Ordinance No. 596
as adopted by the City is hereby repealed. As a result, Section 1.08.010, "County Ordinances
Adopted by Reference," of the Temecula Municipal Code is hereby amended by the deletion of
Riverside County Ordinance No. 596. References in Section 1.08.010 to County Ordinances in the
590 to 600 series shall road as follows:
"... 591 through 593, 595, 597 through 598 .... "
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Section 4. ENVIRONMENTAL REVIEW. The adoption of this ordinance consists of
regulations to oversee a medical/business practice. These activities will take place at previously
developed facilities. Because the regulation of massage businesses and professionals is not a
project under CEQA and could not have an impact on the environment, the adoption of this
ordinance is exempt from environmental review pursuant to Subsections 15061(b)(1) and (3) of the
CEQA Guidelines.
Section 5. SEVERABILITY. If any sentence, clause or phrase of this ordinance is for any
reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of
the remaining provisions of this ordinance. The City Council hereby declares that it would have
passed this ordinance and each sentence, clause or phrase thereof irrespective of the fact that any
one or more sentences, clauses or phrases be declared unconstitutional or otherwise invalid.
Section 6. EFFECTIVE DATE AND CERTIFICATION. This Ordinance shall be in full force
and effect thirty (30) days after its passage. The City Clerk of the Ci of Temecula shall certify to
the passage and adoption of this Ordinance and shall cause the ~1 or a summary thereof to be
published and posted in the manner required by law. ~
PASSED, APPROVED, AND ADOPTED, by the City }f the City of Temecula this 5th
day of October, 1999. ~ '~ ;~teve,~,n~.~
,, ~ Ford, Mayor
ATTEST:
Jon~,C~A~
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC/AAE, City Clerk of the City of Temecula, Califomia, do hereby
certify that the foregoing Ordinance No. 99-26 was duly introduced and placed upon its first reading
at a regular meeting of the City Council on the 28th day of September, 1999, and that thereafter, said
day of October, 1999 by the following roll call vote:
AYES:
5 COUNCILMEMBERS: Comerchero, Lindemans, Roberts,Stone, Ford
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Susa , CMC/AAE
City Clerk
OrdsLq9-26 12