HomeMy WebLinkAboutOrdinances - No. 1813ORDINANCE NO. 1813
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LODl AMENDING LODl MUNICIPAL CODE CHAPTER 5.32 -
MASSAGE ESTABLISHMENTS - BY REPEALING AND
REENACTING SECTION 5.32.010, “DEFINITIONS” ________________________________________--_------------------------ ___________________----------_------------------_------------------
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODl AS FOLLOWS:
SECTION 1. Lodi Municipal Code Title 5.32 - Massage Establishments - is hereby
amended by repealing and reenacting Chapter 5.32.01 0, “Definitions,” to read as
follows:
5.32.010 Definitions.
Unless the particular provision or the context otherwise requires, the definitions and
provisions contained in this section shall govern the construction, meaning, and
application of words and phrases used in this Chapter.
“Chief of Police” means the Chief of Police of the City of Lodi, or hidher
designated representative.
“City Manager” means the City Manager of the City of Lodi or hidher designated
representative.
“City Council” means the City Council of the City of Lodi.
“Conviction” or “Convicted means a plea or verdict of guilty or a conviction
“Client Area” means areas open to customers of the massage establishment.
”Employee” for purposes of this Chapter, the term “employee” shall include
following a plea of nolo contendere.
independent contractors.
“Health Department” means San Joaquin County Public Health Services.
“Manager“ means the person@) designated by the operator of the Massage
Establishment to act as the representative and agent of the operator in managing day-to-
day operations with the same liabilities and responsibilities. Evidence of management
includes, but is not limited to, evidence that the individual has power to direct, hire, or
dismiss employees, control hours of operation, create policies or rules, or purchase
supplies. A manager may also be an owner. A manager must meet the standards and
qualifications of Section 5.32.030, et seq., to qualify as a manager and obtain a
massage technician’s permit.
“Massage” means any method of treating the external parts of the body for
remedial, hygienic, relaxation, or any other reason or purpose, whether by means of
pressure on, friction against, or stroking, kneading, tapping, pounding, vibrating, rubbing,
stimulating, or other manner of touching the external parts of the body with the hands or
with the aid of any mechanical or electrical apparatus or appliance with or without
supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powders,
creams, lotions, ointments, or other similar preparations commonly used in the practice
of massage. However, “massage” shall not include any massage of the hands, feet or
calves given by a manicurist licensed by the California Board of Barbering and
Cosmetology in connection with a manicure or pedicure performed in an unenclosed
area of a salon.
“Massage Establishment” means any business conducted within the City of Lodi
where any person, firm, association, partnership, corporation, or combination of
individuals engages in, conducts, carries on, or permits to be conducted or carried on,
for money or any other consideration, any activity set forth in the definition of “Massage”
in this section, and any establishment engaged in, carrying on, or permitting any
combination of massage, baths, or health treatments involving massage or baths, shall
be deemed a massage establishment.
“Massage Technician” means any person who administers to another person for
any form of consideration whatsoever a “massage” as defined in this section. The term
“massage therapist” and “massage practitioner” are included within this definition for
purposes of this Chapter.
“Massage Technician’s Permit” means the permit required pursuant to the
provisions of this Chapter for a Massage Technician.
“Moral Turpitude” means a crime, which infringes upon the moral sentiment of
the Community, as distinguished from acts prohibited by law.
“Operator” means all persons who have ownership interest in the Massage
Establishment and are responsible for its day-to-day operations.
“Operator’s Permit” means the permit required pursuant to the provisions of this
“Owner” means the individual(s) whose name appears on the City business
“Person” means any individual, corporation, partnership, firm, association, or
Chapter to operate or manage a massage establishment.
license.
other group or combination of individuals of whatever form or character.
“Police Department” means the Police Department of the City of Lodi.
“Recognized School” means any school or institution of learning, which teaches,
through state certified instructors, the theory, ethics, practice, profession, or work of
massage, which school or institution complies with California Education Code Section
9431 0 or 9431 1, and which requires a resident course of study before each student shall
be furnished with a diploma or certificate of graduation; or if said school is not located in
California, has complied with the standards commensurate with those required in
Section 9431 1 of the California Education Code. Schools offering a correspondence
course not requiring actual attendance shall not be deemed a recognized school.
SECTfON 2. All ordinances and parts of ordinances in conflict herewith are repealed
insofar as such conflict may exist.
SECTION 3. No Mandatory Duty of Care. This ordinance is not intended to and shall
not be construed or given effect in a manner which imposes upon the City, or any officer
or employee thereof, a mandatory duty of care towards persons or property within the
City or outside of the City so as to provide a basis of civil liability for damages, except as
otherwise imposed by law.
SECTION 4. Severability. If any provision of this ordinance or the application thereof
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to any person or circumstances is held invalid, such invalidity shall not affect other
provisions or applications of the ordinance which can be given effect without the invalid
provision or application. To this end, the provisions of this ordinance are severable. The
City Council hereby declares that it would have adopted this ordinance irrespective of
the invalidity of any particular portion thereof.
SECTION 5. 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
take effect 30 days from and after its passage and approval.
Approved this 1 6Ih day of July, 2008
OANNE MOUNCE
Mayor
City Clerk ______-_________________________________---------------------------
State of California
County of San Joaquin, ss.
I, Randi Johl, City Clerk of the City of Lodi, do hereby certify that Ordinance
No. 1813 was introduced at a regular meeting of the City Council of the City of Lodi held
July 2, 2008, and was thereafter passed, adopted, and ordered to print at a regular
meeting of said Council held July 16,2008, by the following vote:
COUNCIL MEMBERS - Hansen, Hitchcock, Johnson, Katzakian, and AYES:
Mayor Mounce
NOES; COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
ABSTAIN: COUNCIL MEMBERS - None
I further certify that Ordinance No. 1813 was approved and signed by the Mayor
on the date of its passage and the same has been published pursuant to law. n
RAND1 JOHL
City Clerk
Approved as to Form:
City Attorney
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