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HomeMy WebLinkAboutOrdinance - 2567 - Amend Title 6 ORDINANCE NO. 2567 AN ORDINANCE OF THE CITY OF REDDING AMENDING TITLE 6 (BUSINESS TAXES, LICENSES AND REGULATIONS), CHAPTER 6.08 (MASSAGE) OF THE REDDING MUNICIPAL CODE BY AMENDING SECTIONS 6.08.010 THROUGH 6.08.040, INCLUSIVE, RELATING TO THE ADJUSTMENT OF EXISTING OPERATIONAL STANDARDS AND ENFORCEMENT REQUIREMENTS FOR MASSAGE THE CITY COUNCIL OF THE CITY OF REDDING DOES ORDAIN AS FOLLOWS: Section 1. Title 6 (Business Taxes, Licenses and Regulations), Chapter 6.08 (Massage), Section 6.08.010 (Definitions) of the Redding Municipal Code is hereby amended to read as follows: 6.08.010 - Definitions. The following terms and phrases, whenever used in this chapter, are defined as follows: A. "Adult-oriented merchandise" means any sexually-oriented implements, paraphernalia, or novelty items such as, but not limited to, condoms and items that are designed or marketed primarily for the stimulation of human genital organs. B. "CAMTC" means the California Massage Therapy Council. C. "Employee" means any owner, partner, operator, manager, supervisor or worker being part-time, full-time, temporary, permanent or independent contractor whether paid or not, who manages or operates a massage establishment, or renders personal services of any nature in the operation of a massage establishment or on behalf of a massage professional. D. "Genitals" means the parts of the human anatomy including the pubic area, anus, or perineum and the breasts of any female. 0 E. "Massage" means the manipulation of soft body tissues. For the purposes of this definition, "massage" and "massage therapy" shall have the same meaning. J, F. "Massage establishment" means a fixed location where massage for compensation is provided on a regular or routine basis by a massage professional, or, in the case of J massage provided by a person who has received a home occupation permit pursuant to Redding Municipal Code, the home of the massage professional. G. "Massage for compensation" means the provision of massage for consideration of any kind, whether monetary or otherwise, regardless of whether said consideration is provided in advance of the massage or after completion of massage. Page 1 H. "Massage professional" means any person who provides massage services to another person for compensation. I. "Operator" means any person who is an owner or otherwise leases, manages or controls a massage establishment or who directs the occupation of a massage professional or receives a share of the compensation of a massage professional. J. "Owner" means any living person or persons, firm, joint venture, association, co- partnership, limited partnership, general partnership, corporation, or any combination thereof, who has any interest, legal or equitable, in any massage establishment. K. "Person" means any individual, partnership, firm, association, joint stock company, corporation,joint venture, or combination of individuals of whatever form or character. Section 2. Title 6 (Business Taxes, Licenses and Regulations), Chapter 6.08 (Massage), Section 6.08.020 (Operating Requirements) of the Redding Municipal Code is hereby amended to read as follows: 6.08.020 - Operating requirements. No person, owner or operator shall engage in, conduct, carry on, or permit any massage unless all of the following requirements are met: A. Except when permitted in writing by the Chief of Police, massage shall be provided or given only between the hours of seven a.m. and ten p.m. A massage commenced prior to ten p.m. must terminate at ten p.m., and in the case of a massage establishment, all clients shall exit the premises at that time. B. No person who has not reached eighteen years of age shall provide massage for compensation. C. Massage shall not be provided by any person not certified by the CAMTC unless the individual has a valid, approved background investigation on file with the Redding Police Department. No person shall act as an owner or operator of a massage establishment unless the individual has a valid, approved background investigation on file with the Redding Police Department. 1. The Redding Police Department shall issue a card or other device to indicate satisfactory compliance with the requirements of this Section. 2. The Redding Police Department is authorized to issue temporary identification cards without the requirement of a background check to any massage therapist who has completed a course of study and has applied for certification by the CAMTC. The term for the temporary identification shall not exceed six (6) months in duration. 3. At all times while on premises at a massage establishment, all persons not certified by the CAMTC providing massage, and all owners and operators as Page 2 defined in Section 6.08.010, shall, upon demand, immediately provide the identification issued by the Redding Police Department pursuant to this Section. The identification shall be kept on the person to whom the identification was issued. D. No person who has not been certified by the CAMTC shall provide massage for compensation or act as an employee of a massage business if such person has: 1. Been convicted of, or entered a plea of guilty or no contest to, an offense that requires registration under the Sex Offender Registration Act (Penal Code Section 290 et seq.), or which is a violation of Penal Code sections 261, 261.5, 261.9, 262, 264.1, 265, 266, 266a, 266b, 266c, 266d, 266e, 266f, 266g, 266h, 266i, 266j, 267, 269, 285, 288, 288a, 288.2, 288.3, 288.4, 288.5, 288.7, 289, 289.5, 289.6, 311.1, 311.2, 311.3, 311.4, 311.5, 311.6, 311.10, 311.11, 311.12, 313.1, 314, 315, 316, 318 or 647(a) and (b) or equivalent offenses under the laws of another jurisdiction, even if expunged pursuant to Penal Code Section 1203.4 or equivalent statute under the laws of another jurisdiction. 2. Been convicted of, or entered a plea of guilty or no contest to, an offense involving the sale, possession for purposes of sale, purchase for the purpose of sale, transport, import, export, administration, gift or cultivation of a controlled substance specified in Health and Safety Code Sections 11054 through 11058, inclusive, or equivalent offenses under the laws of another jurisdiction, even if expunged pursuant to Penal Code Section 1203.4 or equivalent statute under the laws of another jurisdiction. 3. Been convicted of, or entered a plea of guilty or no contest to, a violation of Penal Code section 415 as a result of being charged for a violation of Penal Code section 647. 4. Been convicted of any state or federal law relating to the trafficking of humans for the purpose of labor or sex. 5. Suffered revocation or suspension of a certificate issued under the Massage Therapy Act (Business and Professions Code Section 4600 et seq.) unless such certificate has been restored. 6. Been found liable by means of the procedures set forth in Chapters 1.13 or 1.14 of the Redding Municipal Code for violating any provision of this Chapter except when such finding of liability is pending appeal to the Administrative Hearings Board or review in a court of competent jurisdiction. E. Massage establishments shall at all times be equipped with an adequate supply of clean sanitary towels, coverings, and linens. Towels and linens shall not be used on more than one client, unless they have first been laundered and disinfected. Disposable towels and coverings shall not be used on more than one client. Page 3 F. Wet and dry heat rooms, steam or vapor rooms or cabinets, toilet rooms, shower and bath rooms, tanning booths, whirlpool baths and pools located at massage establishments shall be cleaned and disinfected at least once each day when such facilities have been in use. G. All instruments used in massage shall be maintained in a clean and sanitary condition. Instruments utilized in providing massage shall not be used on more than one client unless they have been sterilized or sanitized. H. No dressing room shall be occupied by more than one person at a time except in the case where occupation is by a parent or legal guardian to a child then present or when the presence of an individual necessary to accommodate a disability is required. No room where massage is provided shall be occupied by a person other than the client and massage professional except in the case where occupation is by a care giver, parent or legal guardian to a child then present, when the presence of an individual necessary to accommodate a disability is required, or massage is provided on a couple. J. Toilet facilities shall be provided in convenient locations within the massage establishment and shall consist of at least one unisex toilet with a lavatory or wash basin provided with soap and both hot and cold running water. K. No alcoholic beverages or controlled substances, as defined in Health and Safety Code Sections 11054 through 11058, inclusive or in the Controlled Substances Act (21 U.S.C. 810 et seq.), shall be sold, served, furnished, kept, consumed or possessed on the premises of any massage establishment except no more than twelve (12) ounces of beer or six (6) ounces of wine by the glass may be offered to a client if the beer or wine is only offered during business hours and there is no extra charge or fee for the beer or wine. For purposes of this subdivision, there is no extra charge or fee for the beer or wine if the fee charged for the spa services is the same regardless of whether beer or wine is served. 1. Notwithstanding, if a home occupation permit has been issued pursuant to Section 18.43.110 alcohol may be possessed at the home where the home occupation is permitted but not in the room where massage is provided. All other prohibitions set forth in this subdivision shall apply. L. All massage professionals and employees of massage establishments shall wear clean, non-transparent outer garments while engaged in massage for compensation. Said garments shall not expose the genitals, pubic areas, buttocks, or chest and shall not be worn in such manner as to expose the genitals, pubic areas, buttocks, or chest. For the purposes of this section, outer-garments means a garment worn over other garments and does not include garments like underwear, bras, lingerie or swimsuits. M. No massage for compensation shall be provided unless the client's genitals are at all times fully covered. While engaged in massage for compensation, a massage professional shall not make, or offer to make, physical contact with the genitals of any other persons regardless of whether the contact is over or under the persons' clothing nor shall the massage professional permit, or offer to permit, the client to make physical contact with Page 4 the genitals of the massage professional regardless of whether the contact is over or under the massage professional's clothing. 1. Notwithstanding, massage of the female breasts by the massage professional is permissible with the written consent of the client and delivery to the massage professional by the client of a written referral from a licensed health care provider. N. Except when massage is provided pursuant to a home occupation authorized by Section 18.43.110, no adult-oriented merchandise or material which depicts the human genitals shall be kept at a massage establishment. In the case of a home occupation authorized pursuant to Section 18.43.110, adult-oriented merchandise or material depicting human genitals shall be kept away from the possession and view of the client. 0. Except where a home occupation is permitted under Section 18.43.100, no massage professional or employee, excluding therefrom custodial or janitorial staff, shall occupy a massage establishment from the hours of eleven p.m. through six a.m. P. A massage professional shall operate only under the name provided to the Redding Police Department for the background check required under Section 6.08.020(C). A massage establishment shall operate only under the name specified on its business license. Q. No person may advertise to provide massage for compensation in a state of undress which violates Subdivisions L or M of this section. Section 3. Title 6 (Business Taxes, Licenses and Regulations), Chapter 6.08 (Massage), Section 6.08.030 (Provisions Applicable to Location) of the Redding Municipal Code is hereby amended to read as follows: 6.08.030 - Provisions applicable to location. No person shall provide massage, operate a massage establishment or provide property for the operation of a massage establishment at a particular location if: A. Another massage establishment is or was operating at that particular location within the prior thirty-six months and that massage establishment or any employee of that massage establishment has been found liable by means of the procedures set forth in chapters 1.13 or 1.14 of the Redding Municipal Code for violating any provision of this chapter, except when such finding of liability is pending appeal to the Administrative Hearings Board or review in a court of competent jurisdiction, or if the massage establishment or an employee of that massage establishment has been found guilty of a violation of this chapter or any of the statutes specifically referenced in Section 6.08.020(D). For purposes of this Section, a plea of"no contest" is a finding of guilt. B. Another massage establishment is or was operating at that particular location within the prior thirty-six months and that massage business has outstanding unpaid fines or penalties, whether criminal, administrative or civil. Page 5 Section 4. Title 6 (Business Taxes, Licenses and Regulations), Chapter 6.08 (Massage), Section 6.08.040 (Inspection) of the Redding Municipal Code is hereby amended to read as follows: 6.08.040 - Inspection. A. All persons providing massage and massage establishment owners and operators shall, during permissible hours of operation, have on their person or immediately available at the massage establishment a valid, government issued identification which identifies the individual. B. For the sole purpose of inspecting and verifying compliance with this chapter and otherwise facilitating the functions of this chapter, the director of development services, or his/her designee, or the Redding police chief, or his/her designee, is authorized to enter massage establishments to conduct administrative inspections thereof, and of the things specified in this section, relevant to those functions. C. Prior to inspection, city personnel shall inform those present at the massage establishment that inspection is made pursuant to this chapter. D. All massage establishments shall submit to regular administrative inspections between the hours of seven a.m. and ten p.m. Section 5. Severability. If any section, subsection, sentence, clause or phrase of these ordinances is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of the ordinances. The City Council of the City of Redding hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional. Section 6. The passage of this ordinance is not a"project" according to the definition in the California Environmental Quality Act, and therefore is not subject to the provisions requiring environmental review. Section 7. This ordinance shall take effect thirty (30) days after the date of its adoption, and the City Clerk shall certify to the adoption thereof and cause publication according to law. Page 6 I HEREBY CERTIFY that the foregoing ordinance was introduced and read by the City Council of the City of Redding at a regular meeting on the 7th day of February, 2017, and was duly read and adopted at a regular meeting on the 21st day of February, 2017, by the following vote: AYES: COUNCIL MEMBERS: McElvain, Schreder, Sullivan, Winter, & Weaver NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None BRENT WEAVER, Mayor ATTEST: FORM APPROVED: PAMELA MIZE, City Clerk BARRY E. DeWALT, City Attorney Page 7