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