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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.
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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.
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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.
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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
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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