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Home My WebLink AboutAgenda Report - June 20, 1984 (79)Y C +• (Rn. AN1fT2<)tNG CadAPM 1311 (N%SSA(T FSrAB- 1.I��, cxrr- CALL NikSW, 3 SUNItk Ali) NIAS.SAGF TBUNICIMLS) M). ND. 1325 crry oacnaca. -rn�c J JUNE 20, 1984 rw"d: Following introduction of the nvitter by City Attorney Stein. Council, on nu t i on of Cbunc i 1 Nkr be r Reid, I l i nelmnn second, intmx'Itived Ordinance No. 1325 - Ordinance of the City Counc i 1 of the City of Lodi Amending Chapter 13B (N1nssalre Fstabl islnx-Tits. outcnl I nvissage service and massage technicians). 71te notion curried by the following vote: Ayes: Council Ninix•rs - Olson, Pinkerton. Iteid. Ilinchmnn. x Snider Miyor) Noes: Wimei 1 NiiTN-rs None Absent: Council Nkmt)ers - None ry /t 1 l A ( ~ _� } k a _.'�3 t .� � •i . c ' �{n ; J• C' 'rl +.. 'SAY •,^.��„Y:J Z4 ti, Y, J `•tai ; y� _+ ria �� .. ... '.•` r - .. `' Y+Nf��4�' {, 4` �! �t w�p�, ,J+�ify:.D j y}•LirY�' y dhXt a,. TO THE CITY COUNCIL FROM. THE CITY MANAGER'S OFFICE SUBJECT CQVNCIL C05151UNICATIONP DATE I NO. JUNE 13. 11184 I am bringing to you for CitvCounciI action, it revision of the City's massage pnrlor ordinnnf•e'. The reasons for the revisions of the Municipal Codc• Chapter 1311 ordinance are its follows: 1) Recent changes in the law regarding mit ssitge parlors, inclu(iing added Penal Code See tion 266(i) relating to pandering, artd Health and Safety ('ode Sect ioils 11054 through 11058 under the t�ni form ('Oitt rOl led Substances Acts; nasi 2) The fact that our original ordinance did not provide for regulation of outcall rrrnssage serviee. [finder our original ordinance, ,rn indivi(luaI who was I icenserl to. work in a massage pari()r (ninstiage technician), coil l(1 also provide out call massage service. f=urther, the person who was riot l icensecl under our massage parlor ordinance, could provide outcall massage service, because there was no provision for regulation of same. The regulation of outcall massage service will give the Police Department an opportunity to do background checks on individuals who might be intereste(i in being licensed as an outcall massage service or technician. This amende(l ordinance_ was reviewed with Police Chief Floyd Williams. and he has agreed with the contents of same. t Rbc T ----------- CITY ATTORNEY RMS:vc ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOD1 AMENDING CHAPTER 13B (MASSAGE ESTABLISHMENTS, OUTCALL MASSAGE SERVICE AND MASSAGE TECHNICIANS). BE IT ORDA 1 NED BY THE C I TY COUNC I L OF THE CITY OF LOD 1 AS FOLLOWS: -SECTION 1. Each and every reference in each and every Article. Section, and/or Subsection of Chapter 13B "Massage Establishments and Massage Technicians". which refers to "Massage Establishments". is hereby amended to read "Massage Establishment and/or Outcall Massage Service". SECTION 2. Each and every reference in each and every Article, Section, and/or Subsection of Chapter 13B "Ma s-sa-ge Establishments and Massage Technicians", which refers to "Applicant" and/or "Operator". is hereby amended to read "Applicant and/or Masuage Technician". or "Operator and/or Massage Technician". SECTION 3. Chapter 13B, Article 1, In General. 1 138-1 Definitions is hereby amended as follows: ( ) (New Section) "Outcall massage service. Any business, not licensed as a massage establishment under the provisions of this article, wherein the principal function is such that massage is given, engaged in, or -1- carried on., or permitted to be given, engaged in. or carried on." SECTION- 4. Chapter 138. Article II. Establishment Permits Generally, is hereby amended to read as follows: "1 1313-2. Permit Required. "it -shall `be-unlawful-for-anZ_person_to_ engage -in, conduct or carry- on. or to permit- t'o_-be- enga$ed__in, conducted, -or -carried -on, -in -or -upon -any -premises -in the Citi- of Lodi. the -operation- of amassa S. -.e stabIishment and/or out caI I massage - service as herein defined, without first having obtained a -permit from the Police Department- issued _-Pursua!it _-t_o_ the_raK siors_ of this Chapter. - "1 1313-3. hapter_" "41313-33_Application, "( ) (New Section) "Business. occupation, or employment of the applicant for the three (3) years immediately preceding the date of the application." "( ) (New Section) "The massage or similar business license history of the applicant; whether such person, in previously operating in this or another city or state under license, has had such license revoked or suspended, the reason therefor, and the business -2- 41,34 .else activity or occupation of applicant subsequent to such action or suspension or revocation." "( ) (New Section) "All criminal convictions and the reasons therefor." "4138-4. Application Fee. "At the tfine of filing an application for a permit, the applicant and/or massage technician shall pay a fee in accordance with the following: "For each nermi t a sum as adopted from time to time by resolution of the City Council, plus a sum as adopted from time to time by resolution of the City Council, for each person, other than an individual applicant and/or massage technician, to be employed by the massage establishment and/or outeall massage service." "4138-6. Premises Inspected; Applicant Investigated, etc. by Police." (Amended to include additional sections of State Penal Code and Health and Safety Code under which Government Code 1 51032 authorizes denial of massage establishments and/or outcall massage service licenses, as follows): -3- 1 "Penal Code Section 266(1), Health and Safety Code Sections_ 11054 _through— 11058, or whether convicted in ate_ other state of ani► offense, which if committed or !It tempted_ in this state. would have been punishable as one or more of the above-mentioned offenses of this subdivision." "41313-8. Term. "A massage— establ ishmen_t_ -license and/or outcal l_massage service permit shall be issued on a permanent basis, subject to revocation or suspension for cause. Upon transfer of a business by a licensed aj2LIcant, the transferee must secure d new license or permit pursuant to this chapter." SECTION 5. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. SECTION 6. This ordinance shall be published one time in the "Lodi News Sentinel", a daily newspaper of general circulation, printed and published in the City of Lodi and shall be in force and take effect thirty days from and after its passage and approval. -4-