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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 2 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. 4 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. [REMAINDER OF PAGE INTENTIONALLY BLANKI 5 The foregoing Ordinance was approved and adopted at a meeting of the City Council held on 23 ,Z e _ , 2010 by the following vote: .%ft 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 ^*-,