HomeMy WebLinkAbout0996ORDINANCE NO. -996 (1983 Series)
AN INTERIM URGENCY ORDINANCE OF THE CITY OF SAN
LUIS OBISPO ESTABLISHING A MORATORIUM ON THE
LICENSING OF MASSAGE ESTABLISHMENTS AND MASSAGE
TECHNICIANS AND MASSAGE TECHNICIAN TRAINEES
WHEREAS, the City of San Luis Obispo is a chartered City of the State of
California and as such is empowered by Article XI, Section 5, of the California
Constitution to regulate municipal affairs within its boundaries; and
WHEREAS, the City Council is desirous of establishing requirements restricting
the location, licensing, and operations of massage establishments and massage
technicians and massage technician trainees; and
WHEREAS, the City Council is also desirous to provide for the orderly regulation
of massage establishments.and massage technicians and massage technician trainees
in the interest of the public health, safety and welfare by providing certain
minimum building, sanitation and health standards for massage establishments, by
providing certain minimum qualifications for the-operators of massage establishments
and for massage technicians and massage technician trainees.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. The City Council hereby establishes a four -month moratorium on the
issuance or granting of any permit, license, or other entitlement which enable or
assist the establishment of any massage establishment or the performing of any
massage by a massage technician or a massage technician trainee.
SECTION 2. For the purposes of this moratorium, "massage" is defined as follows:
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
electrical apparatus, or other appliances or devices, with or without
such supplementary aids as rubbing alcohol, liniment, antiseptic, oil,
powder, cream, lotion, ointment, or other similar preparations.
SECTION 3. For the purposes of this moratorium, "massage establishment" means:
Any establishment having a fixed place of business where any individual,
firm, association, partnership, corporation, joint venture, or combination
am
Ordinance No. 996 (1983 Series)
of individuals engages in, conducts, carries on or permits to be engaged
in, conducted, or carried on, massages, baths, or health treatment involving
massage or baths as the principal functions. Massage establishment also
means and includes any school or institution of learning, which teaches
the theory, ethics, practice, profession or work of massage.
SECTION 4. For the purposes of this moratorium, "massage technician or
massage technician trainee" means:
Any person who administers massages, baths, or health treatments involving
massages or baths as the principal function to another person for any
consideration whatsoever or under such circumstances that it is reasonably
expected that the person to whom the treatment is provided, or some third
person on his or her behalf, will pay money or give any other consideration
or gratuity therefor.
SECTION 5. An urgency moratorium measure is necessary for the immediate
preservation of the public peace, health and safety. The facts constituting the
urgency are as follows:
A. During the five years prior to 1983, the City only received applications
for two massage establishment licenses. During the calendar year 1983, the City
has received 7 applications for massage establishments.
B. The City has received an application to open a school of massage in a PF
zone under a school tenant permit. The PF zone in question is surrounded by
districts wherein residential use is the principal permitted use.
C. An urgency moratorium measure is necessary to prohibit the establishment
of massage establishments and schools of massage in areas incompatible with their
use; i.e., near schools, residential areas, other areas deemed by the Council to
be incompatible.
SECTION 6. This ordinance being an urgency ordinance for the immediate
protection and preservation of the public health, safety and general welfare
containing a declaration of the facts constituting the urgency, and passed a
four - fifths (4/5) vote of the Council shall take effect immediately pursuant to
Charter Section 605 and shall continue in effect for a period of four months.
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Ordinance No. 996 (1983 Series)
SECTION 7. The City Clerk shall cause this Ordinance to be published within
five (5) days in a newspaper of general circulation, but delay in publication, or
even failure to publish, shall not affect its validity.
SECTION 8. This Ordinance may be rescinded by the City Council at any time
by majority action of this Council.
INTRODUCED AND FINALLY PASSED by the Council of the City of San Luis Obispo
as a meeting held on the 18th day of October , 1983, on motion of
Councilwoman Dovey , seconded by Councilman Settle
and on the following roll call vote:
AYES: Councilmembers Dovey, Settle, Dunin and Mayor Billig
NOES: Councilman Griffin
ABSENT: None
Approved:
City M06istrative Officer
L" &yva
ity Attorney
424"414 :1,
Chiefd, Police
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