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HomeMy WebLinkAbout608ORDINANCE NO. 608 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE AMENDING CHAPTERS 9.64, 17.08 and 17.40 OF THE IRWINDALE MUNICIPAL CODE REGULATING MASSAGE AND DAY SPA ESTABLISHMENTS IN THE CITY OF IRWINDALE WHEREAS, the City Council of the City of Irwindale previously adopted an ordinance to regulate massage establishments, as well as those persons who provide massages for compensation, to react to the potential jeopardy to the public health, safety and general welfare of its citizens; and WHEREAS, historically massage establishments, sometimes called massage "parlors," have been known by law enforcement agencies to be used for illegal activity, including drug sales, prostitution, pimping and pandering; and WHEREAS, the regulations and restrictions contained in said Chapter 9.64 are intended to discourage massage establishments from degenerating into houses of prostitution and the means utilized by the City are reasonable and bear a rational relationship to the goals sought to be achieved; and WHEREAS, the restriction and requirements provided in Chapter 9.64 of the Irwindale Municipal Code reduce the burden on law enforcement agencies and permit the deployment of the police personnel such that more serious crimes may be prevented and more important laws be enforced; and WHEREAS, while unregulated activities of massage establishments pose a threat to the public health, safety, and general welfare throughout the City, it is important for the City to periodically review its regulations and restrictions and modify them when appropriate; and WHEREAS, this ordinance will differentiate massage and day spa establishments and control the appropriate location of each type of establishment as needed to safeguard the public health, safety and general welfare of the Irwindale community; and WHEREAS, this ordinance will further result in the continued control and regulation of massage establishments in the City, thereby minimizing the negative impacts they pose, while still permitting legitimate massage businesses to provide massages under appropriate rules; and WHEREAS, the Council finds and determines that this ordinance is necessary for the preservation of the public health, safety and general welfare, and will help attain the foregoing objectives; and WHEREAS, the public was duly noticed of the public hearings; and Ordinance No. 608 Page 1 WHEREAS, pursuant to the authority and criteria contained in the California Environmental Quality Act ("CEQA") and the CEQA guidelines, it has been determined that the proposed amendment is categorically exempt under Class 5, minor alterations in the land use limitations. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 9.64 of the Irwindale Municipal Code is hereby amended, at subsection 9.64.010(E) to read as follows, with all other provisions of Chapter 9.64 remaining unmodified and in full force and effect: 9.64.010 Definitions: "E. "Massage establishment" means any establishment having a fixed place of business where any person, firm, association, partnership or corporation engages in, conducts or carries on, or permits to be engaged in, conducted or carried on, any business of giving massages, baths, administration of fomentation, mechanical, electric or magnetic treatments, alcohol rubs or any other type of system for treatment or manipulation of the human body with or without any character of bath, such as Turkish, Russian, Swedish, Japanese, vapor, shower, electric tub, sponge, mineral, fomentation, or any other type of bath. A massage establishment shall include a day spa, as that term is defined in Chapter 17.08." SECTION 2. Chapter 9.64 of the Irwindale Municipal Code is hereby amended, at subsection 9.64.050(R) to read as follows, with all other provisions of Chapter 9.64 remaining unmodified and in full force and effect: 9.64.050 Same — Operating requirements: "R. No massage establishment shall be open for business without at least one massage technician on the premises at all times who is in possession of a current, unrevoked permit. This requirement is not applicable to day spas during such times as massages are not administered." SECTION 3. Chapter 17.08 of the Irwindale Municipal Code is hereby amended to add a new subsection 17.08.153 to read as follows, with all other provisions of Chapter 17.08 remaining unmodified and in full force and effect: "17.08.153 Day Spa. "Day spa means a facility employing licensed trained professionals where visitors can receive a variety of spa treatments during day hours and overnight accommodations are not available. Examples of typical spa services include exfoliation, Ordinance No. 608 Page 2 dermabrasion, balneotherapy, dry brushing, muscle ratio) analysis, massages, chemical rejuvenation, reflexology, hydrotherapy, thalassotherapy, and body wraps." body composition (fat to lean peel, clay or mud wrap, facial balneotherapy, crenotherapy, SECTION 4. Chapter 17.40 of the Irwindale Municipal Code, at Subsection 17.40.015 is hereby amended to add new subsections 17.40.015 10.5 and 17.40.150 17.5 to read as follows, with all other provisions of Section 17.40.015 remaining unmodified and in full force and effect: "10.5 Day spa;" "17.5 Massage establishment" SECTION 5. Except as expressly modified pursuant to this Ordinance, all provisions of Chapters 9.64, 17.08 and 17.40 shall remain unmodified and in full force and effect. SECTION 6. This ordinance shall become effective 30 days from adoption. SECTION 7. The Deputy City Clerk shall certify to the adoption of this ordinance. PASSED, APPROVED, and ADOPTED this 13th day of September 2006. TTEST: ta L� L-ifida J. Ki o, CMC Deputy City Clerk Z Julian A. Miranda, Mh yor Ordinance No. 608 Page 3 STATE OF CALIFORNIA } COUNTY OF LOS ANGELES } ss. CITY OF IRWINDALE } I, Linda J. Kimbro, Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Ordinance No. 608 was duly introduced at a regular meeting of the Irwindale City Council held on the 23rd day of August 2006, and was duly approved and adopted on second reading at its regular meeting held on the 13th day of September 2006, by the following vote of the Council: AYES: Councilmembers: Breceda, Fuentes, Ortiz, Miranda NOES: Councilmembers: None ABSENT: Councilmembers: Tapia ABSTAIN: Councilmembers: None a J. Kimlam-, C Deputy City Clerk AFFIDAVIT OF POSTING I, Linda J. Kimbro, Deputy City Clerk, certify that I caused a copy of Ordinance No. 608, adopted by the City Council of the C' of Irwindale at its regular meeting held September 13, 2006, to be posted at the City Hall, Library, and Post Office on eptember 14, 2006. .J Dated: September 14, 2006 N&6 J. Kimbro, M Deputy City Clerk Ordinance No. 608 Page 4