HomeMy WebLinkAboutOrdinance 1792 (Massage Regulation Amendments)CLERK'S CERTIFICATE
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, and Ex -officio Clerk of the
Council of said City, do hereby certify that the foregoing Charter Ordinance No. 1792 entitled:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING SAN RAFAEL
MUNICIPAL CODE CHAPTER 8.34 REGULATIONS FOR MASSAGE AND/OR
BODYWORK OFFICES AND ESTABLISHMENTS, OWNERS AND
PRACTITIONERS, AND SECTION 1.08.020 REGARDING DEFINITION OF
ADMINISTRATIVE HEARING OFFICER"
is a true and correct copy of an Ordinance of said City and was introduced at a REGULAR
meeting of the City Council of the City of San Rafael, held on the 18th day of November, 2002,
published as required by City Charter in the MARIN INDEPENDENT JOURNAL, a newspaper
published in the City of San Rafael, and passed and adopted as an Ordinance of said City at a
REGULAR meeting of the City Council of said City held on the 2nd day of December, 2002, by
the following vote, to wit:
AYES: COUNCILMEMBERS: Heller, Miller, Phillips and Vice -Mayor Cohen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAINING: COUNCILMEMBERS: Mayor Boro (due to absence from meeting_ of
11/18/02)
WITNESS my hand and the official
seal of the City of San Rafael this
5th day of December, 2002
A . (Seal)
� M. LE NCIl , City Clerk
Councilmember Phillips announced that even though he had been absent for the City
Council meeting of 11/18/02, he had listened to the tape of the public hearing and had
read the Minutes and Staff Report in order to vote.
ORDINANCE NO. 1792
AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING SAN
RAFAEL MUNICIPAL CODE CHAPTER 8.34 REGULATIONS FOR
MASSAGE AND/OR BODYWORK OFFICES AND ESTABLISHMENTS,
OWNERS AND PRACTITIONERS, AND SECTION 1.08.020
REGARDING DEFINITION OF ADMINISTRATIVE HEARING
OFFICER.
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS:
DIVISION 1.
Subsection A.2 of Section 8.34.060 of the San Rafael Municipal Code is hereby amended
to read in its entirety as follows:
"California driver's license, if any, or other photographic identification issued by a state or
federal agency establishing the applicant's age as being eighteen (18) years or older."
DIVISION 2.
Subsection A.12 is hereby added to Section 8.34.060 of the San Rafael Municipal Code
to read as follows:
"One set of the applicant's fingerprints in a form satisfactory to the Police Chief.
Fingerprinting will be taken at a place designated by the Police Chief. Any fee required for
fingerprinting will be the responsibility of the applicant. Any applicant who was not required to
submit fingerprints with the original application shall be required to submit fingerprints with the
renewal application."
DIVISION 3.
Subsection A.13 is hereby added to Section 8.34.060 of the San Rafael Municipal Code
to read as follows:
"Written proof that a new applicant applying after January 1, 2003, has successfully
completed, by a 70% or higher passing score, a written examination in a form approved by the
City Council by Resolution that tests the applicant's basic knowledge of anatomy, physiology,
hygiene, massage and the requirements as stated in Section 8.34.090. Applicants who present an
original certification evidencing passage of a national certification exam in massage and/or
bodywork that is approved by the National Commission on Certifying Agencies shall be exempt
from the portion of the examination testing the applicant's basic knowledge of anatomy,
physiology, hygiene and massage, but must successfully complete by a 70% or higher passing
score the portion of the examination testing the applicant's knowledge of the requirements stated
in Section 8.34.090. No applicant may take the test more than two times in a twelve (12) month
period."
DIVISION 4:
Subsection A.14 is hereby added to Section 8.34.060 of the San Rafael Municipal Code
to read as follows:
"The applicant's business, occupation, and employment history for five (5) years
preceding the date of application, and the inclusive dates of same."
DIVISION 5:
Subsection A.15 is hereby added to Section 8.34.060 of the San Rafael Municipal Code
to read as follows:
"Such other information as may be required by Police Chief to determine compliance
with any other eligibility requirements for issuance of the permit as specified by federal, state or
local law."
DIVISION 6:
Subsection B.4 is hereby added to Section 8.34.060 of the San Rafael Municipal Code to
read as follows:
"New applicants applying after January 1, 2003 shall provide the name and address
of the owner and lessor of the real property upon or in which the business is to be
conducted. In the event the applicant is not the legal owner of the property, the application
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must be accompanied by a copy of any written lease between the applicant and owner, or
alternatively, a written acknowledgment from the owner of the property or a written
statement by the applicant certifying that the owner of the property has been advised that a
massage establishment will be located on the owner's property."
DIVISION 7:
Subsection A.11 is hereby added to Section 8.34.070 of the San Rafael Municipal Code,
to read as follows:
"The applicant, within five years immediately preceding the date of filing of the application, has
had a Practitioner Permit or Owner Permit revoked by the Permit Authority pursuant to Section
8.34.160.
DIVISION 8:
Subsection A.12 is hereby added to Section 8.34.070 of the San Rafael Municipal Code,
to read as follows:
"The applicant, within five years immediately preceding the date of filing of the
application, has had a Practitioner Permit or Owner Permit denied by the Permit Authority
pursuant to Subsection A.7 hereinabove set forth."
DIVISION 9:
Subsection C is hereby added to Section 8.34.070 of the San Rafael Municipal Code to
read as follows:
"If a Practitioner Permit or Owner Permit is denied, the Permit Authority shall serve on
the applicant, in the manner provided in Section 1.08.060 of this code, a written Notice of
Denial which shall specify the grounds for the denial and shall indicate the appeal
procedures as set forth hereinafter."
DIVISION 10:
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The fourth sentence of Subsection B of Section 8.34.170 is hereby amended to read in its
entirety as follows:
"The Permit Authority's written Notice of Decision shall be served on the permittee,
within thirty (30) days of the conclusion of the hearing, in the manner provided in Section
1.08.060 of this code, and in the case of a revocation or suspension such Notice of Decision shall
indicate the appeal procedures as set forth hereinafter."
DIVISION 11:
Subsection L is hereby added to Section 8.34.090 of the San Rafael Municipal Code to
read as follows:
"Permittee shall comply with all applicable state and local laws, including, but not limited
to, health, zoning, fire and safety requirements and standards."
DIVISION 12:
Section 8.34.180 of the San Rafael Municipal Code is hereby amended to read in its
entirety as follows:
8.34.180 Right of Appeal
"Any applicant for a permit or a permittee shall have the right to appeal from a decision
by the Permit Authority to deny a permit application or renewal application, or to approve such
an application with conditions, or to suspend or revoke a permit, by filing with the City Clerk a
written notice of appeal, specifying the grounds for such appeal, within fifteen (15) days after the
decision has been served on the applicant or permittee. Such appeal shall be heard by the City
Manager or by an administrative hearing officer designated by or at the request of the City
Manager, upon not less than fifteen (15) days written notice to the appellant. The City Manager
or the designated administrative hearing officer shall consider all relevant evidence at the
hearing, continue the hearing for good cause, and require such legal briefing as may be required
to address any issues raised by the appeal. Within a reasonable time, but not more than thirty
(30) days following the conclusion of the hearing, the City Manager or the designated
administrative hearing officer shall issue a written decision affirming, denying or modifying the
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decision from which the appeal was taken, supported by factual findings and determinations
referenced by supporting evidence. The decision of the City Manager or designated
administrative hearing officer shall be final. The written decision shall be served on the appellant
as provided in Code of Civil Procedure Section 1094.6(b), with a copy submitted to the City
Clerk. The written decision shall include a notice to the appellant that the decision is subject to
judicial review according to the provisions and time limits set forth in Code of Civil Procedure
Section 1094.6."
DIVISION 13:
Section 1.08.020 of the San Rafael Municipal Code is amended to revise the definition of
"administrative hearing officer" to read as follows:
"Administrative hearing officer" or "hearing officer" means any person who is designated by or
at the request of the City Manager or other authorized code enforcement official, to preside over
administrative hearings or appeals provided under state law or this Code."
DIVISION 14:
The City Council finds that the amendments to the San Rafael Municipal Code adopted
herein are exempt from the requirements of the California Environmental Quality Act under
Section 15061(b)(3) of the CEQA Guidelines, which exempts projects which clearly will have no
significant adverse environmental impacts.
DIVISION 15:
If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason
held to be invalid, such decision shall not affect the validity of the remaining portions of this
Ordinance. The Council hereby declares that it would have adopted the Ordinance and each
section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or
more section, subsection, sentence, clause or phrase be declared invalid.
DIVISION 16:
This ordinance shall be published once in full before its final passage, in a newspaper of
general circulation, published and circulated in the City of San Rafael, and shall be in full force
and effect thirty (30) days after its final passage.
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PAUL M. COHEN, Vice -Mayor
ATTEST:
4ANNE M. LEONtW, City Clerk
The foregoing Ordinance No. 1792 was read and introduced at a Regular Meeting of the
City Council of the City of San Rafael, held on the 18th day of NOVEMBER, 2002, and ordered
passed to print by the following vote to wit:
AYES: Councilmembers: Heller, Miller and Vice -Mayor Cohen
NOES: Councilmembers: None
ABSENT: Councilmembers: Phillips and Mayor Boro
and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of
the Council to be held on the 22°a day of DECEMBER., 2002.
JEAtNE M. LEONCINI, City Clerk