HomeMy WebLinkAboutORD 1371 (2009)ORDINANCE NO. 1371
AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA, EXTENDING FOR A
PERIOD OF TEN MONTHS AND FIFTEEN DAYS THE
EFFECTIVENESS OF INTERIM URGENCY ORDINANCE NO.
1368 AMENDING PART 2 OF CHAPTER 6 OF THE TUSTIN CITY
CODE, RELATING TO REGULATION OF MASSAGE
ESTABLISHMENTS AND MASSAGE THERAPISTS PENDING
THE COMPLETION OF A STUDY OF THE REGULATIONS AND
IMPLEMENTATION GUIDELINES ANTICIPATED FROM THE
MASSAGE THERAPY COUNCIL APPLICABLE TO THE
REGULATION OF MASSAGE THERAPISTS UNDER RECENT
STATE LEGISLATION.
(4/5ths Vote Required)
The City Council of the City of Tustin ordains:
SECTION 1. This interim urgency ordinance is adopted pursuant to Section 65858 of
the California Government Code and is for the immediate preservation of the public health,
safety, and welfare.
SECTION 2. Interim Urgency Ordinance No. 1368 relating to the regulation of massage
establishments is hereby extended for an additional period of ten (10) months and fifteen (15)
days.
SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held out to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council hereby declares that it would have adopted this
ordinance and each section, subsection, clause, phrase or portion thereof irrespective of the
fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be
declared invalid or unconstitutional.
SECTION 4 .The City Council hereby finds, determines, and declares that this interim
urgency ordinance adopted pursuant to California Government Code Section 65858 is
necessary because:
A. The City is authorized by Government Code Section 51031 to regulate
massage establishments; however, the state legislature recently adopted SB 731 (Chapter
384, 2008 Statutes), Business and Professions Code sections 4600 et seq., which calls for the
establishment of statewide standards and licensing procedures for persons engaging in
massage therapy.
B. SB 731 establishes anon-profit entity referred to in SB 731 as the
"Massage Therapy Organization" and recently renamed as the "Massage Therapy Council"
("the MTC") with authority to license individuals on a voluntary basis statewide to perform
massage service. The MTC, beginning not sooner than September 1, 2009, was authorized to
Ordinance 1371
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begin issuing massage practitioner and therapist certificates to qualified individuals.
Accordingly, after September 1, 2009, any MTC certificated individual shall be exempt from
massage technician licensing and testing requirements under law.
C. Pursuant to Business and Professions Code Section 4612(a)(3),
municipalities are authorized to enact licensing requirements for massage establishments
consistent with the provisions of SB 731; however, the MTC is still the process of preparing
final regulations and requirements, including adoption of standards for issuance of certificates
to massage therapists and related criteria and practices.
D. This interim ordinance extending Interim Urgency Ordinance 1368 will
ensure that the City has adopted an ordinance that reasonably implements the provisions of
SB 731 while City staff reviews and considers future promulgations and regulations from the
state and the MTC while maintaining the current provisions of the Tustin City Code that
promote the discouragement of massage establishments from degenerating into houses of
prostitution.
SECTION 5. Ten days prior to the expiration of this interim urgency ordinance, and any
extension thereof, the City Council shall issue a written report describing the measures which
the City has taken to address the conditions which led to the adoption of this ordinance or any
extension.
SECTION 6. This interim urgency ordinance shall take effect immediately upon its
adoption by a four-fifths (4/5) vote of the City Council. This interim urgency ordinance shall
have the effect of extending the effective date of Ordinance No. 1368 for ten (10) months and
fifteen (15) days and shall thereafter be of no further force and effect unless, after notice
pursuant to California Government Code Section 65090 and a public hearing, the City Council
extends this interim urgency ordinance for an additional period of time pursuant to California
Government Code Section 65858.
PASSED AND ADOPTED, at a regular meeting of the City Council for the City of Tustin
on this 15t" day of September, 2009. ~
ATTEST:
~Y
amela to y Clerk
APP AS TO FORM:
~~~
Dougl Holland, City Attorney
Ordinance 1371
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
CERTIFICATION FOR ORDINANCE NO. 1371
PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, does hereby certify that the whole number of the members of the City
Council of the City of Tustin is five (5); that the above and foregoing Ordinance No.
1371 was duly and regularly introduced and adopted at a regular meeting of the City
Council held on the 15t" day of September, 2009 by the following vote:
COUNCILMEMBER AYES: Davert, Amante, Gavello, Nielsen, Palmer (5)
COUNCILMEMBER NOES: None (0)
COUNCILMEMBER ABSTAINED: None (0)
COUNCILMEMBER ABSENT: None (0)
LA STO R
CITY CLERK
Ordinance 1371
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