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HomeMy WebLinkAboutNS-1353 EJC:adg NOTE: See June 16 memo to file - CA 91 & Tickler Copy 3/18/77 ORDINANCE NO. NS-1353 AN EMERGENCY ORDINANCE OF THE CITY OF SANTA ANAAMENDING THE SANTA ANA MUNICIPAL CODE BY AMENDING SECTION 22-5 RELATING TO MASSAGE TECHNICIAN PERMITS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That Section 22-5 of the Santa Ana Municipal Code is hereby amended to read as follows: Section 22-5. Massage Technician Permit (a) Any person desiring to obtain a permit to act as a massage technician shall make application to the Chief of Police or his designated representative. Prior to submitting such application a nonrefundable fee as established by resolution of the City Council shall be paid to the Department of Finance to defray, in part, the cost of investigation and report required by this ordinance. The Department of Finance shall issue a receipt showing that such permit application fee has been paid. The receipt, or a copy thereof, shall be supplied to the Chief of Police at the time such application is submitted. (b) The application for permit does not authorize acting as a massage technician until such permit has been granted. (c) Each applicant for a massage technician's permit may furnish all the information required by section 22-3(c) (1) through 22-3(c) (9) of this ordinance, and shall in addition furnish the follow- ing information: (1) A certificate from a medical doctor licensed to practice in the State of California, stating that the applicant has within thirty (30) days immediately preceding the date of application been examined and found to be free of any con- tagious or communicable disease. (2) A diploma or certificate of graduation from a "recognized school," if any. (3) The massage establishment, if any, at which the applicant expects to be employed. (4) Such other identification and information, including written waivers pursuant to the Education Code as the Police Department may require in order to discover the truth of the matters hereinbefore specified as required to be set forth in the application. (5) The Chief of Police may require the applicant to furnish fingerprints when needed for the purpose of establishing identification. ORDINANCE NO. NS-1353 Page Two (d) The Chief of Police shall have a reasonable time in which to investigate the application and background of the applicant. The Chief of Police or his representative shall render a recommendation as to the approval or denial of the permit to the City Manager. (e) The City Manager, after receiving the appli- cation and aforementioned recommendation, shall grant the permit if he finds in accordance with sections 22-3(f) (1) through 22-3(f) (6), and in addition finds: (1) The applicant has medical certificate in ordinance. furnished an acceptable compliance with this (2) The applicant has furnished an acceptable diploma or certificate of graduation from a "recognized school" or in lieu thereof has demonstrated competence and proficiency to the satisfaction of the City Manager through continuous experience as a massage technician for a two (2) year period prior to the effective date of this ordinance, or is an active member in good standing in the California Massage Technicians Association or the American Massage and Therapy Association. (3) The applicant has not had a massage establishment permit or a massage technician's permit or other similar license or permit denied or revoked for cause by this city located in or out of this state within the five (5) years prior to the date of appli- cation. (4) The applicant is at least eighteen (18) years of age. (f) Any person denied a permit by the City Manager pursuant to these provisions may appeal to the City Council pursuant to Chapter 3 of the Santa Ana Municipal Code. SECTION 2: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Aha hereby declares that it would have adopted this ordinance and each section, subsection sentence, clause, phrase or portions thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconsti- tutional. SECTION 3: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, ORDINANCE NO. NS-1353 Page Three nor be construed as affecting any of th~ provisions of such ordinance relating to the collection of any such license or penalty or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash de- posit in lieu thereof, required to be posted, filed or de- posited pursuant to any ordinance and all rights and obli- gations thereunder appertaining shall continue in full force and effect. SECTION 4: URGENCY CLAUSE Pursuant to the provisions of Section 415 of the Charter of the City of Santa Ana, this Ordinance is for the inunediate preservation of the public peace, health, and safety and shall take effect in,mediately the facts constituting the urgency are as follows: The purpose of this Ordinance, as is evident from its content, is to enable the City of Santa ~ma to regulate the business of massage establishments and massage technicians. This Ordinance makes a certain change in previously adopted and effective Ordinance NS-1338, requiring that the City Manager "may" issue a permit, to require that the City Manager "shall" issue a permit if all standards of issuance are complied with. The City Council deems it necessary for the immediate preservation of the public peace, health and safety that immediate action be taken to remove any discretion that might have existed in issuing such permits. ADOPTED this 215t day of March by the following vote: , 1977, AYES: COUNCII~WlEN:0rtiz, Yamamoto, Bricken, Evans, Brandt, Ward NOES: COUNCII~N:None ABSENT: COUNCILMEN: None Garthe, ATTEST: ~OI~NCEI, MAI,ON~ ~tPPROVED AS TO FORM: CITY ATTORNEY