HomeMy WebLinkAboutOrd 695ORDINANCE NO. 695
-� AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CATHEDRAL CITY AMENDING SECTION 5.33.430,
SUSPENSION AND REVOCATION, AND 5.33.450,
INFRACTIONS, OF CHAPTER 5.33, MASSAGE THERAPY
PERMITS, OF THE CATHEDRAL CITY MUNICIPAL CODE
WHEREAS, Chapter 5.33 of the Cathedral City Municipal Code
( "Municipal Code ") was initially adopted in 1999 for the purpose of protecting
public health and safety, as well as the personal safety of massage therapists by
establishing certain requirements and standards for massage therapy permits
issued by the City of Cathedral City ( "City "); and
WHEREAS, on January 27, 2010 the City Council amended Chapter 5.33
to harmonize Chapter 5.33 with the newly enacted state law (SB 731) pertaining
to State certified massage therapists and to update other provisions of Chapter
5.33; and
WHEREAS, Section 5.33.450, declaring certain violations of Chapter 5.33
infractions, currently contains one section which was inadvertently not deleted in
the January 27, 2010 amendment to Chapter 5.33; and
WHEREAS, Section 5.33.450, via this Ordinance, will delete the
.-• inadvertent inclusion, and will reflect the proper subsections which are infractions
under Chapter 5.33; and
WHEREAS, Municipal Code Chapter 5.33 currently provides that a
massage establishment permit or personal massage therapist permit may be
suspended or revoked following a hearing after notice and a determination by the
City that the subject permittee has failed to comply with all applicable laws; and
WHEREAS, the Municipal Code further requires that the subject permittee
be given ten (10) days notice prior to any suspension or revocation hearing; and
WHEREAS, the City Council wishes to amend Municipal Code Chapter
5.33 to provide for a summary permit suspension pending a revocation hearing
following the discovery of egregious violations at any massage establishment or
by any personal massage therapist; and
WHEREAS, the City Council wishes to require that any permittee whose
permit is summarily suspended with be entitled to a suspension hearing within
one business day; and
WHEREAS, the City Council deems that this ordinance is necessary to
enhance the public's health, safety and welfare.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL
CITY DOES ORDAIN AS FOLLOWS:
Section 1 . AMENDMENT OF SECTION 5.33.430 OF THE
CATHEDRAL CITY MUNICIPAL CODE
(Section 5.33.430 of Chapter 5.33 (Massage Therapy Permits) of the
Cathedral City Municipal Code is hereby amended to read as follows:
5.33.430 Suspension and revocation.
A. Any permit issued pursuant to this chapter shall be revoked or
suspended subject to the manner and process as set forth in Chapter 13.150 of
this Code. The hearing officer may, but is not required to use the following
findings for suspension or revocation:
1. A. The massage business or service is conducted in a manner that
does not comply with all applicable laws, including but not limited to this chapter
and the city's building, zoning and health regulations;
2. S. The permittee is convicted of any disqualifying conduct or is
required to register as a sex offender as set forth in California Penal Code
Section 290;
3.0. The permittee failed keep current and accurate the information
contained in the permit application;
4.0. Information contained in the approved application is inaccurate;
5. €. Any patron of the permittee contracts any communicable disease
during the course of any services offered by the permittee;
6.9. The permittee, or any applicant for permit, refuses to allow
representatives of the city or the city manager or his or her designee to inspect
business records of the permittee, or any premises utilized by the permittee for
massage therapy services;
7. Q. The poFmMes permittee fails to comply with any of the provisions
of this chapter; or
& H. The permittee has ceased to meet any of the requirements for
issuance of the permit.
B. Notwithstanding or if the City Manager or any department head
or designee discovers any serious violation of this chapter or state law
which constitutes an imminent threat to public health safety, or welfare
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includin_g, but not limited to, prostitution, any massage establishment
permit or personal massage therapist permit may be summarily suspended
pursuant to the procedures set forth in this subsection. Such suspension
may only be authorized if it furthers a compelling public interest.
1. Upon - discovery of any such serious violation which
constitutes an imminent threat to public health, safety or welfare requiring
summary permit suspension, the City Manager, authorized department
head or designee making such determination shall prepare and serve on
the permittee via the most reasonable and effective method under the
circumstances a Notice of Summary Suspension The Notice of Summary
Suspension shall state that such suspension is effective immediately upon
service and explain the specific facts which have been observed which
require immediate suspension. The Notice of Summary Suspension shall
also _give the date and time of a hearing before the City Manager or
designee through which the permittee may appear and present any
evidence or testimony to contest the suspension
2. A hearing shall be scheduled on the next business day
Ma owing issuance of a Notice of Summary Suspension before the City
Manager or destanee regarding the suspension un less the permittee
requests a later date, which request shall be granted upon a showing of
good cause. At the hearina, the department head or designee who issued
the Notice of Summary Suspension shall present all evidence and
testimony to establish the facts and serious nature of the violation
re Wring such summary suspension The permittee shall be permitted to
Present any evidence or testimony, written or oral to the City Manager or
designee to disprove the findings or conclusion on which the Notice of
Summary Suspension was based The Permittee shall also be permitted to
challenge any evidence presented in support of the Notice Summary
Suspension was based.
3. In order to continue the suspension following the hearing, the
City Manager or designee must find and determine by clear and
convincm_a evidence following the hearing, the existence of the alleged
violations and that such violations constitute an imminent threat to the
Public health, safety, or welfare which require immediate action The Citv
Manager or designee must further find that any summary suspension will
Protect the public from iniurv.
If such clear and convincina evidence is lacking, the City Manager or
desianee shall immediately revoke the summary suspension order. The
City Manager or designee shall issue a written ruling confirming aN
fndinas and determinations made at the hearing and specifying the lenath
of the suspension, as soon as practicable thereafter.
4. The City Manager's ruling must be given orally
immediately followin_g the hearing and memorialized in writing with
^ supportina findings within two (2) business days.
5. In the event the City Manager or designee sustain the
summary suspension, such suspension shall be effective for no more than
twenty -one (21) calendar days. The subject permit may be further
suspended or revoked only following a full h earing with notice as reauired
by subsection A above.
Section 2. AMENDMENT OF SECTION 5.33.450 OF THE
CATHEDRAL CITY MUNICIPAL CODE
Section 5.33.450 of Chapter 5.33 (Massage Therapy Permits) of the
Cathedral City Municipal Code is hereby amended to read as follows:
5.33.450 Suspension and revocation.
Any violation of Sections 5.33.180, 5.33.210, 5.33.220,
5.33.230, 5.33.240, 5.33.250, 5.33.260, 5.33.280, 5.33.290, 5.33.300, 5.33.310,
5.33.320, or 5.33.360 of this chapter by any person responsible for committing,
causing or maintaining such violation shall constitute an infraction violation and
the violator shall be subject to the provisions set forth in Chapter 13.65 of this
code, including, but not limited to, the imposition of any and all criminal penalties
^ set forth therein.
Section 3 . SEVERABILITY
The City Council declares that, should any provision, section, paragraph,
sentence or word of this ordinance be rendered or declared invalid by any final
court action in a court of competent jurisdiction or by reason of any preemptive
legislation, the remaining provisions, sections, paragraphs, sentences or words
of this ordinance as hereby adopted shall remain in full force and effect.
Section 4 . REPEAL OF CONFLICTING PROVISIONS
All the provisions of the Cathedral City Municipal Code as heretofore
adopted by the City of Cathedral City that are in conflict with the provisions of this
ordinance are hereby repealed.
Section 5 . AMENDING OF BAIL SCHEDULE
The City Attorney's Office is hereby directed to determine whether this
ordinance necessitates amendment of the City's Bail Schedule and to cause
such necessary amendments to be made and filed with the local branches of the
Superior Court of the County of Riverside.
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Section 6 . EFFECTIVE DATE
�-.. This ordinance shall take effect thirty (30) days after its second reading by
the City Council.
Section 7 . POSTING
The City Clerk shall within 15 days after passage of this Ordinance, cause
it to be posted in at least three (3) designated public places; shall certify to the
adoption and posting of this Ordinance; and shall cause this Ordinance and its
certification, together with proof of posting, to be entered in the Book of
Ordinances of this City.
Section & CERTIFICATION
The City Clerk shall certify to the passage of this ordinance and shall
cause the same to be published according to law.
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The foregoing Ordinance was approved and adopted at a meeting of the City
Council held on 23 ,Z e _ , 2010 by the following vote:
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Ayes: /J41ze/l *N-� ve - i - L,
Noes: P e S
Abstain:
Absent: v
ATTEST:
Pat Hammers, City Clerk
APPROVED AS TO FORM:
Charles R. Green, City Attorney
REVIEWED:
Donald E. Bradley,/ City Manager
P:WPPS \WPDATA \CATH \0004 Police Department\DOC \1031 - Massage Therapy Suspension Ord..doc
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