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Home My WebLink About01/21/1997, 2 - REVISIONS TO MUNICIPAL CODE CHAPTER 5.56 - MASSAGE ESTABLISHMENTS AND MASSAGE TECHNICIANS0 FROM: Council agenda Repout CITY OF SAN LUIS OBISPO James M. Gardiner, ChiefofPolid_rnh SUBJECT: REVISIONS TO MUNICIPAL CODE CHAPTER 5.56 — Jan. 21, 1997 MASSAGE ESTABLISHMENTS AND MASSAGE TECHNICIANS CAO RECOMMENDATION 1. Introduce ordinance to print adopting revisions governing massage establishments and massage technicians to require license or permit renewal only if the business tax certificate has lapsed for ninety days or more. 2. Adopt resolution establishing a $20.50 administrative./inspection fee for processing address changes to massage licenses and permits. DISCUSSION The Police Department was asked to review the current City requirement for annual renewal of massage licenses and permits to see if a longer period of time between renewals would be possible. In the broadest sense, staff evaluated whether a renewal was needed. After a review of the most recent history, it was found that a permit has not been revoked based on a criminal check once the applicant had passed the initial criminal history processing. All current massage therapists are "independent contractors" and must obtain an annual business tax certificate from the Finance Department. Staff believes that those massage technicians who maintain continual employment represent reputable practitioners who are not likely to become involved in criminal activity. An annual local history check does little except create an additional workload for the organization with, at the present time, no recognizable benefit to the community. Therefore, it is recommended that after the initial processing, a license or permit would remain valid as long as the holder maintains an annual business tax certificate. Each license or permit holder will be required to submit a copy of their valid business tax certificate to the Police Department by September 30 of each fiscal year. This would apply even if they changed employment to another approved massage business location. Staff recommends a $20.50 administrativelmspection fee to cover the cost of a facility inspection, if needed, when processing a location change for an already licensed therapist. This represents the inspection time required at the approved City labor rate for the Administrative Sergeant. If, however, the applicant goes for ninety days (September 30) or more without renewing their business tax certificate, a re- application for a massage permit or license to operate a massage establishment will be required. This will allow the Police Department to conduct a full review of the applicant to ensure that there have been no situations or criminal activity which may preclude the applicant from continuing this line of employment. All fees for processing the application will be required. Couna Agenda Report -.Massage Establishments and Technicians Page 2 FECAL IMPACT These changes would eliminate the current $22.50 annual renewal charge. With an average of approxiinat . ely 100 active permits or licenses on file, this would mean a reduction of $2,250 in revenue. Inspection fees for address changes-U0 generate a minimal amount of revenue -not expected to exceed $200.00 per year., There would' be no change in the revenue from the,ismance of business tax certificates. CONCLIRRENCES The City Attorney and Finance Director concur` with this reconunendifion. Attachments L Ordinance 2. Legislative draft. of ordinance I Resolution J-4;7_ ORDINANCE NO. (1997 SERIES) AN ORDINANCE OF TEE COUNCIL OF THE CITY OF . SAN LUIS OBISPO AMENDING SECTIONS OF CHAPTER 5.56 OF THE SAN LUIS OBISPO MUNICIPAL CODE REGARDING MASSAGE ESTABLISHMENTS AND MASSAGE TECHNICIANS WHEREAS, it has been determined that amendments to Municipal Code Chapter 5.56 would streamline the processing of permits and provide for greater elFciency; and WEEREAS, it has also been determined that these amendments will not adversely impact the intent of the ordinance to ensure public health, safety and welfare; and WHEREAS, the City Council held a public hearing and received public input about the proposed revisions, NOW TEEREFORE, BE IT ORDAINED by the City Council of the City of San Luis Obispo as follows: SECTION 1. Section 5.56.080 of the San Luis Obispo Municipal Code is hereby amended to read as follows: 5.56.080 Massage establishment License— Application— Fee — Relocation. s #* B. A license to operate a massage establishment shall remain valid as long as the license holder maintains a continual business operation as evidenced by the possession of a valid business tax certificate. Each license holder shall be required to submit a copy of their valid business tax certificate to the Police Department by September 30 of each fiscal year. Fail= to renew the business tax certificate by September 30 shall cause the massage establishment license to become invalid and the license holder must complete a new massage establishment license application accompanied by a fee as set by resolution of the council. If a licensed establishment relocates or opens an additional business location, an application for such purpose shall be required and accompanied by an administrative fee as set by resolution of the council. SECTION 2. Section 5.56.120 of the San Luis Obispo Municipal Code is hereby amended to read as follows: 5.56.120 Massage technician— Permit Application — Fee — Relocation. ssr B. A massage technician permit shall remain valid as long as the permit holder maintains continual employment as evidenced by the possession of a valid business tax certificate. Each permit holder shall be required to submit a copy of their valid business tax certificate to the Police Department by September 30 of each fiscal year Failure to renew the business tax certificate by September 30 shall cause the massage technician permit to become invalid and the technician must complete a new massage technician permit application accompanied by a fee as set by resolution of the council. If a v2-9 Ordinance No. Page 2 (1997 Series) licensed technician relocates to a business location requiring a facility inspection, an application for address change shall be required and accompanied by an administrative fee as set by resolution of the council. SECTION 3. A synopsis of this ordinance, approved by the City Attorney, together with the names of the Council Members voting for and against, shall be published at least five (5) days prior to its final passage in the Telegram- Tribune, a newspaper published and circulated in this city. This ordinance shall go into effect at the expiration of thirty (30) days after its final passage. INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo at a meeting held on the day of 1997, on motion of following roll call vote: . seconded by . and on the AYES: NOES: ABSENT: ATTEST: City Clerk Bonnie Gawf APPROVED AS TO FORM: Mayor Allen K Settle 2 -y LEGISLATIVE DRAFT' Chapter 5.56 5.56.080 Massage establishment —license—Applicatio ee ReneweligII&MW 5.56.120 Massage technician— Permit Application—Fee—Pmu xe j -5 RESOLUTION NO. (1997 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE ESTABLISHMENT OF AN ADMINISTRATIVEIINSPECTION FEE FOR PROCESSING MASSASGE ESTABLISHMENT LICENSES AND MASSAGE TECHNICIAN PERMITS AND AMENDING RESOLUTION NO. 9433 (1995 SERIES) BY DELETING THE ANNUAL MASSAGE ESTABLISHMENT AND TECHNICIAN RENEWAL FEE VIEEREAS, the City of San Luis Obispo established massage operation regulations contained in Chapter 5.56 of the Municipal Code to provide for the orderly regulation of massage establishments and massage technicians; and WHEREAS, state law authorizes the City to mover administrative fees, inspection fees, and licensing fees; and WHEREAS, the City Council of the City of San Luis Obispo did hold a public hearing to consider amending the massage licensing procedure by deleting the annual renewal requirement and establishing an alternative licensing procedure, BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: SECTION 1. Resolution No. 8433 (1995 Series) is hereby amended by rescinding the annual massage establishment and massage technician license renewal requirement and renewal fee. SECTION 2. The City of San Luis Obispo hereby establishes a non- refimdable fee of $20.50 (twenty dollars and fifty cents) as an admaustrative/inspection fee for the processing of address changes to massage licenses and permits requiring an inspection. SECTION 3. This fee will be effective concurrent with Ordinance No. (1997 Series), and will be adjusted annually on July 1 of each year by the annual percentage change m the U.S. Bureau of Labor Statistics (or successor agency) consumer price index for all urban consumers (CPI U) all-cities average for the prior calendar year. Upon motion of seconded by and on the following roll call vote: AYES: NOES: the foregoing resolution was adopted this day of .1997. 'i -/ Resolution No., (1997 Series) Page No. 2 ATTEST: City Clerk Bonnie Gawp - - Mayor Allen K Settle — - APPROVED AS TO FORM: