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HomeMy WebLinkAbout415246 ORDINANCE NO. 415 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE REGULATING ACUPRESSURE ESTAB- LISHMENTS AND ACUPRESSURISTS AND AMENDING THE CITY OF IRWINDALE MUNICIPAL CODE BY ADDING NEW SECTIONS 9.62 THROUGH,9.62.200 TO THE CODE THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES ORDAIN AS FOLLOWS: SECTION 1. Section 9.62 through Section 9.62-2Q0 hereby added to the Irwindale Municipal Code, as follows: CHAPTER 9.62 - ACUPRESSURE 9.62.01 0DEFINITIONS: (a) "Acupressure" means the stimulation or sedation of specific meridian points and trigg—er points near the surface of the body by the use of pressure applied by the acupressurist in order to prevent or modify the perception of pain or to normalized physiological functions, including pain control, in the treatment of certain diseases or dysfunctions of the body. (b) "Accupressurn establishment" means a place where .n acre--, ,sure. (c) "Acupressurist" means a person who :administers acupressure. (d) "Recognized school of Acupressure" means (1) any school or other institution of learning which has been approved by the California Department of Education under Section 94311 of the California Education Code and whose acupressure curriculum satisfies the minimum requirements set forth in Section 18818, title 5, Division 21 of the California Administrative Code. 9.62".020 PERMIT REQUIRED. Every person owning, conducting or managing an acupressure establishment shall first procure a permit and for each of such places pay an annual permit fee in the amount set forth. 9.62-.030 PERMIT - HEARING ON APPLICATION. The City Council shall, following due process, hold a public hearing on every application for a permit in the manner prescribed in Section 9.62-6 through 9.62-7 of this Code. 9.62.0,40 PERMIT APPLICATION. Every natural person who, for pay, actively conducts, engages in, carries on, or practices acupressure, whether as Principal or Agent, shall file a separate verified application for a permit with the City Clerk. The application shall contain: Ordinance No. 415 (a) The name, home and business address, and home and business phone number of the applicant. (b) The record of conviction for violations of law, excluding minor traffic violations. (c) The fingerprints of the applicant on a form provided by the Los Angeles County Sheriff's Department. (d) The address, city and state, and the approximate dates, if any, where and when the applicant practiced a similar business, either alone or in conjunction with others. 9.62.050 INVESTIGATION. Upon filing of the application, it shall be referred by the City Clerk to the Sheriff's Department for investigation, report and recommendation. The investigation shall be conducted to verify the facts contained in the applications and any supporting data. The investigation shall be completed and a report and recommendation made in writing to the City Council within thirty (30) days after the filing of the applications, unless the applicant requests or consents to an extension of the time period. If the report recommends denial of the permit to the applicant, the grounds for the recommended denial shall be set forth. At the time of the filing of the report and recommendation with the City Council, a copy thereof shall be served personally or by certified mail by the City Clerk on the applicant, accompanied by a notice to the applicant who may request to be heard when the City Council considers the application and report. 9.62_ofi0 HEARING AND DECISION BY CITY COUNCIL. (a) The City Council shall consider the application and the report and recommendation at a Hearing held at a regularly scheduled meeting on or before the fifteenth (15) day after filing of the report and recommendation referred to in Section 9.62-5. (b) Notice of time and place of the Hearing shall be given to all parties by the City Clerk at least three (3) days prior to the Hearing. (c) Any interested party shall be heard upon a reasonable request. (d) City shall have the burden of proof, to show the permit should be denied; otherwise, it will be granted. (e) The decision of the City Council to grant or deny the permit shall be in writing, and if adverse to the applicant, shall contain findings of fact and a determination of the issues presented. (f) Unless the applicant agrees in writing to an extension of time, the City Council shall make its order denying or granting the application within fifteen (15) days after completion of the Hearing on the application for a permit and shall notify the applicant of its action by personal service or certified mail. 24S Ordinance No. 415 (g) Any member of the City Council who is absent from the Hearing or has not read or heard the record of the proceedings shall not vote on the decision. 9.62.070 ISSUANCE OF PERMIT. (a) The City Council shall approve the issuance of the permit if they find: 1) 2) 3) 4) All the information contained in the application and supporting data is true. The applicant has not been convicted of any violation of this Section or any law relating to fraud or moral turpitude. The applicant appeared in person at the Hearing. The applicant agrees to abide by and comply with all conditions of the permit and this Section. (b) The City Council shall deny the permit only if it cannot make each of the findings set forth above. (c) If the City Council approves the permit, the City Clerk shall thereafter issue the permit when the fee required by this Section has been paid. (d) The term of the permit shall not exceed one (1) year. A renewal application shall be filed no later than thirty (30) days prior to the expiration of the permit and shall be processed in the same manner as a new application. The City Council, at its discretion, may grant a permit for period of less than one (1) year, and may impose such reasonable conditions upon the granting of such permit as, in the discretion of the City Council, based upon the evidence presented in connection with the application for the permit, are necessary for the protection of the public health, safety and welfare. 9.62.080 ACUPRESSURE ESTABLISHMENTS - MINIMUM REQUIREMENTS. An acupressure permit shall not be issued unless an inspection reveals that the acupressure establishment complies with each of the following minimum requirements: (a) A recognized and readable sign shall be posted at the main entrance of an acupressure establishment which identifies it as an acupressure establishment. Such sign shall comply with all requirements of all City ordinances. (b) At least one (1) artificial light of not less than 60 watt bulb - to be hung from ceiling directly above any work table or booth where acupressure services are being performed on a patron and must be hung from the ceiling directly above any work table or booth. (c) Hot and cold running water shall be provided at all times. 24 (� Ordinance No. 415 ,(d) Separate closed cabinets shall be provided for the storage of clean and soiled linen, and shall be plainly marked "Clean Linen" and "Soiled Linen". (e) All walls, ceilings, floors, sinks, and all other physical facilities shall be kept in clean and sanitary condition and in good repair. (f) A minimum of one (1) separate wash basin shall be provided for each acupressurist who works at the establishment at any one time. Such a basin shall provide soap or detergent and hot and cold running water at all times, and shall be located as close as practicable to the area devoted to the administration of acupressure. In addition, sanitary towels shall be provided at each wash basin in permanently installed dispensers. 9.62(.D40__DISPLAY OF PERMIT. An applicant shall display a permit issued pursuant to this chapter in a conspicuous location clearly visible from the front entrance. 9.62.100 An applicant shall not hire or employ an acupressurists to administer acupressure unless such acupressurists is qualified pursuant to Section 9.62-7. 9.62._110 HOURS OF OPERATION. An applicant shall not conduct or operate an acupressure establishment between the hours of 10:30 pm and 7:00 am of any day, and shall exclude all customers, patrons and visitors therefrom between those hours. 9.62.12_0 HYGIENE. A clean sheet or other effective sanitary covering shall be placed over any table, floor or other area upon which a client will lie in the course of receiving an acupressure treatment. The sheet or other covering shall be deposited in the "Soiled Linen" cabinet at the conclusion of any acupressure treatment. Acupressurists shall thoroughly wash their hands and arms with hot water and soap before and after each acupressure treatment. i 9.62.130- SCREENING PATRONS. No acupressure treatment shall be performed or 1 applied to any patron nor by any acupressurist when the applicant, manager, supervisory employee, or acupressurists has any reasonable basis to believe the patron or acupressurists might be infected with a virus, bacteria, or other infectious agent which could be transmitted by the process of an acupressure treatment. 9.62:140 PROHIBITED CONDUCT. (a) No acupressurists may apply or perform acupressure to a patron's genital area nor, if the patron is female, breasts. (b) Acupressurists and patrons shall at all times while on the premises of the acupressure establishment wear, at minimum, nontransparent outer garments covering the body from knee to neck. 250 Ordinance No. 415 9.62:15Q PERSONS USING DRUGS PROHIBITED. An applicant, manager, or supervisory employee shall not permit any person to enter or remain in an acupressure establishment while in the possession of, consuming or using any alcoholic beverage or drugs. 9.62.160 PU IT REQUIRED Every acupressurists shall first procure a permit and pay a permit fee in the amount set forth below. 9.62:170 PERMIT --APPLICANT QUALIFICATION AND VERIFICATION. The applicant shall: (a) Furnish with his/her application a copy of a baccalaureate degree in physical therapy; or (b) Furnish with his/her application a certificate issued by the State of California to practice the art of acupuncture; and (c) Applicants shall have a record check and fingerprint search made by the local Sheriff's Station. Applicants may be denied a permit if they have been convicted of any violation of this Section or any laws relating to fraud or moral turpitude. Any department whose duties include the investigation of this licensed activity shall have the right to verify for authenticity the information supplied pursuant to this section. 9.62 .1.80 FEES. Every permit issued hereunder shall be charged a fee payable before licensing, as follows: (a) Acupressure establishment - $300.00 per year. (b) Acupressurist - $150.00 per year. 9.62 .190 PERMIT AND COMPLIANCE WITH CONDITIONS REQUIRED. (a) No person shall conduct, engage in, carry -on, participate in, or practice (or act as an agent for) acupressure or cause the same to done for pay without having first obtained a permit from the City Council. (b) The City Council, at its discretion, may impose such reasonable conditions upon granting of such permit as, in the discretion of the City Council, are necessary for the protection of the public health, safety and welfare. (c) No person shall violate any of the terms and conditions of a permit issued pursuant to this Section, nor any of the regulations and provisions within this Section. Each day such violation or violations occur shall constitute a separate offense. Ordinance No. 415 9.62.2UU EXCEPTIONS. (a) Religion. This Chapter does not apply to, and it shall not be construed to interfere with the belief, practices or usage of an incorporated ecclesiastical governing rector or an accredited representative who holds a certificate of credit, commission, or ordination under the ecclesiastical laws of a religious corporation which is incorporated under the laws of the State of California, or any voluntary religious association, and who fully conforms to the rites and practices prescribed by the supreme conference, convocation, convention, assembly, association or synod of the system or faith with which they are affiliated, thereof acting in good faith and without personal fee, reward, donation or the solicited or unsolicited promise of any fee, reward or donation. Any church or religious association or organization which is organized for the primary purpose of conferring certificates of commission, credit ordination for price, fee, donation or reward, and not primarily for the purpose of teaching and practicing a religious doctrine or belief, shall not be deemed to be a bona fide church or religious organization. (b) 1) Except as provided in 3) hereof, the fees, gratuities, emoluments, and profits thereof shall be regularly accounted for and paid solely to or for the benefit of the bona fide church or religious association, as defined in this subsection (a) 2) The minister holding a certificate or ordination from such a bona fide church or religious association, as defined in this subsection (a), shall file with the City Clerk a copy of the minister's certificate or ordination with the minister's name, age, street address, and phone number in this City where the activity set forth in this subsection (a) is to be conducted. 3) Such bona fide church or religious as� ciation, as defined in this subsection (al. may pay to its ministers a salary or compensation based upon a percentage basis, pursuant to an agreement between the church and the minister which is embodied in a resolution and transcribed in the Minutes of such church or religious association. Education. This Section does not apply to, nor shall be construed to interfere with the functions, research, instruction, practice, therapy, treatment, diagnosis, healing art or science, make prognosis, prediction of foretelling the results of injury, disease, condition, state, status, future consequences possible actions of behavior, patterns of behavior, in both mental and physical aspects any animal or human activity, or in any area science, medicine, psychology, psychiatry, or investigation which is duly certified and/or licensed by the State of California, or of of of permitted by funding by Federal, State, county, local, foundation, or educational grants, or with any international organization with which 251 252 Ordinance No. 415 the United States maintains diplomatic relations. Nor shall this Section apply to any student who is enrolled in an approved educational institution when the course of study includes anything which is defined herein; nor shall it apply to any student, intern or person who is under the direct or indirect supervision of any individual who is acting within the purview of his or her permit or certification. SECTION 3. Violations of this Ordinance shall be a misdemeanor. SECTION 4. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published according to law. APPROVED, PASSED anal ADOPTED the 25th day of June, 1987. Arthur Tapia, Mayor ATTEST: Deputy City CO erk I, Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Ordinance, being Ordinance No. 415 was introduced at a special meeting of the City Council of the City of Irwindale held on June 18, 1987, was approved on first reading, and was approved, passed and adopted at their regular meeting of June 25, 1987. AYES: COUNCILMEN: J. Breceda, R. Diaz, P. Miranda, J. Castellanos, A. Tapia NOES: COUNCILMEN: ABSENT: COUNCILMEN: Deputy City Jerk I�I�p VIII