HomeMy WebLinkAboutORD 1289 (2005)
ORDINANCE NO. 1289
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AMENDING SECTIONS 3141, 3622,
3623, 3625, 3628, AND 3731 OF THE TUSTIN CITY CODE
REGARDING MASSAGE REGULATIONS AND APPEAL
PROVISIONS
The City Council of the City of Tustin hereby ordains as follows:
SECTION 1. Purpose
The purpose of this ordinance is to: 1) provide for a more comprehensive set of
regulations governing massage technicians and massage establishments to ensure that
all massage technicians are properly trained and certified, and that all massage
establishments are operated in a lawful manner, and 2) establish additional appeal
provisions for all decisions on permits regulated in Article 3 of the Tustin City Code.
SECTION 2. The proposed ordinance is not a "project" pursuant to the
provisions of the California Environmental Quality Act (CEQA).
SECTION 3. Article 3, Chapter 1, Part 4, Section 3141 of the Tustin City Code
entitled, Definitions, is hereby amended in its entirety as set forth below:
As used in this Article, the following terms and phrases shall have the meanings
ascribed to them in this Part, unless the context in which they are used clearly requires
otherwise. Terms and phrases that are not defined shall have the common meanings
ascribed to them in Webster's or other dictionaries recognized as "standard."
Abandoned. Ceased or suspended for one (1) year or more, as determined by the
Director.
Adult entertainment. Dancing, modeling, stripping, or other conduct which is
distinguished or characterized by an emphasis on depicting or suggesting specified
sexual activities or exposing or suggesting the exposure of specified anatomical areas.
Adult entertainment booking agency. A person, as defined herein, who in exchange
for a fee, charge, or other form of consideration, provides or arranges for adult
entertainment, whether by employee, independent contractor, or other arrangement.
Amusement activity. A carnival, circus, fair, boxing or wrestling exhibition, ferris
wheel, marathon, bicycle or road race, zoo, menagerie, merry-go round, rodeo, trained
animal show, wild animal show, traveling show, wild west show, street dance, or any
other similar or related type of amusement, place, or activity, which takes place on a
temporary basis on public property, private property, or in City streets and is open to the
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public. The term shall not include activities such as petting zoos, pony rides, children's
attractions, and other minor amusements that are accessory to City-approved
temporary uses.
Autobroker. An auto dealer who engages in the business of broke ring motor vehicles.
Auto dealer. A person who:
(1 )
For commission, money, or other thing of value, sells, exchanges, buys, or
offers for sale, negotiates, or attempts to negotiate, a sale or exchange of
an interest in, a motor vehicle, or induces or attempts to induce any
person to buy or exchange an interest in a vehicle and who receives or
expects to receive a commission, money, brokerage fees, profit, or any
other thing of value, from either the seller or purchaser of said vehicle; or
(2)
Is engaged wholly or in part in the business of selling motor vehicles or
buying or taking in trade, motor vehicles for the purpose of resale, selling,
or offering for sale, or consigned to be sold, or otherwise dealing in motor
vehicles, whether or not such motor vehicles are owned by such person.
The term "auto dealer" does not include a person who:
(1 )
(2)
Does not sell motor vehicles at retail;
Is regularly employed as a salesperson by an auto dealer licensed
under this Part while acting within the scope of that employment;
(3)
Is not engaged in the purchase or sale of motor vehicles as a
business; or
(4)
Is a "pawnbroker."
Bingo game. A game of chance in which prizes are awarded on the basis of
designated numbers or symbols on a card which conform to numbers or symbols
selected at random.
Body piercing. The creation of an opening in a human body for the purpose of
inserting jewelry, other decoration, or object. This includes, but is not limited to, piercing
of an ear, lip, tongue, nose, or eyebrow. "Body piercing" does not, for the purpose of
this chapter, include piercing an ear with a disposable, single-use stud or solid needle
that is applied using a mechanical device to force the needle or stud through the ear.
Brokering. An arrangement under which an auto dealer, for a fee or other
consideration, provides or offers to provide the service of arranging, negotiating,
assisting, or effectuating the purchase of a new or used motor vehicle, not owned by the
auto dealer, for another or others.
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Business establishment. Any retail store, food market, theater, restaurant, service
station, bar, hotel, motel, or any other establishment which is open to, and provides, the
public with any goods or services.
Check casher. A person that for compensation engages in the business of providing
pay day loans or cashing checks, warrants, drafts, money orders, or other commercial
paper serving the same purpose as cash, not including a state or federally charted
bank, savings association, credit union, industrial loan company, or retail seller engaged
primarily in the business of selling consumer goods that cashes checks or issues money
orders for a minimum flat fee not exceeding an amount established by State Law, as a
service to its customers that is incidental to its main purpose or business.
City. The City of Tustin.
Convicted, conviction. A plea or verdict of guilty or a conviction following a plea of nolo
contendere.
Director.
The Director of the Community Development Department or designee.
Employee. An individual who works for another in return for financial or other
compensation, including an independent contractor.
Establish an adult entertainment booking agency. Includes any of the following:
(1 )
To open or commence an adult entertainment booking agency, as a new
business;
(2)
To add adult entertainment booking agency services to an existing
business; or
(3)
To relocate any adult entertainment booking agency.
Firearm. Any device, designed to be used as a weapon, from which is expelled
through a barrel a projectile by the force of any explosion or other form of combustion.
For pay. The exchange of a service or merchandise for a fee, reward, donation,
loan, or receipt of anything of value.
Fortunetelling. The telling of fortunes, forecasting of fortunes, or furnishing of any
information not otherwise obtainable by ordinary process of knowledge, by means of
any occult, psychic power, clairvoyance, clairaudience, cartomancy, phrenology, spirits,
tea leaves, or other such reading, mediumship, augury, astrology, palmistry,
necromancy, mindreading, telepathy, or other craft, art, science, cards, talisman, charm,
potion, magnetism, magnetized article or substance, gypsy cunning or foresight, crystal
gazing, oriental mysteries or magic, of any kind or nature.
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Garage sale. A garage, yard, lawn, patio, or similar type sale held anywhere on the
premises in any residential property for the purpose of disposing of personal property
owned by the person or persons conducting the sale.
Goods. Tangible personal property, including motor vehicles, but excluding
secondhand items such as books, sports equipment, clothing, and furniture.
Large outdoor gathering. A music festival, dance festival, public dance, show,
exhibition, fair, or any other organized outdoor gathering or activity, which takes place
on a temporary basis on public property or private property with the property owner's
consent, and is anticipated to be attended by more than five hundred (500) persons at
anyone time. Parades, marches, or organized gatherings involving more than twenty-
five (25) people on City streets or sidewalks are not governed by this Article 3.
Live entertainment. Includes live music, dance, comedy, fashion, illusionist, or
dramatic performances in bars, restaurants, public spaces at shopping malls, other
places open to the public, or on public property with the property owner's consent.
Except that for purposes of this Article, live entertainment does not include single
performers, duos, disc jockeys, karaoke singers, or sexually oriented businesses.
Massage. Any method of treating the external parts of the body for remedial,
hygienic, relation, or any other reason or purpose, whether by means of pressure on,
friction against or stroking, kneading, tapping, pounding, vibrating, rubbing, or other
manner of touching 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, liniment, antiseptic, oil, powder, cream, ointment, or other similar
preparations commonly used in this practice.
Massage establishment. Any business where any person, firm, association,
partnership, corporation, or combination of individuals engages in, conducts, carries on
or permits to be engaged in, conducted or carried on for money or any other
consideration, administers to another person a massage, bath, or health treatment
involving massages or baths.
Massage operator. Includes all persons who have an ownership interest in a massage
establishment.
Massage technician. Any person who administers to another person a massage
within a massage establishment in exchange for anything of any value whatsoever. The
terms "massage therapist" and "massage practitioner" are included within this definition
for purposes of this Section.
Mobile automobile service. A service that has no regular fixed location or services
and generally comes to businesses to provide vehicle washing, cleaning, andlor
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maintenance. The term shall not include temporary car wash fund raisers that have
temporary use permits.
Mobile vendor, mobile vending. Mobile Vendor means persons who operate a mobile
vending business, including an owner or operator of the vehicle used in the business. A
mobile vending business offers products, food, or services for sale from a vehicle on a
public street or while parked on a public street. Mobile vending does not include mobile
automobile services, delivery services, plumbers, electricians, landscapers, roofers,
pizza or restaurant delivery services or the delivery of stamps to a postal box by the
United States Postal Service.
Motor vehicles. Vehicles of a type subject to registration or motorcycles of a type
subject to identification or State registration.
National Certification Board for Therapeutic Massage and Bodywork and NCBTMB.
The National Certification Board for Therapeutic Massage and Bodywork, which is a
not-for-profit organization, accredited by the National Commission for Certifying
Agencies having its principal offices located at 8201 Greensboro Drive, Suite 300,
McLean, VA 22102.
National Certification Examination in Therapeutic Massage and Bodywork and NCE.
The National Certification Examination for Therapeutic Massage and Bodywork
developed and administered by the NCBTMB.
Pattern of violation. Three (3) or more violations within two (2) years.
Pawnbroker. Any person, partnership, firm, or corporation engaged in the business of
receiving goods in pledge as security for a loan. "Receiving goods as security for a
loan" does not include the good faith, outright purchase of goods.
Permanent cosmetics. The application of pigments to or under human skin for the
purpose of permanently changing the color or other appearance of the skin. This
includes, but is not limited to, permanent eyeliner, eye shadow, or lip color.
Permit. An official document or certificate issued by the Director, Planning
Commission, or City Council authorizing performance of a specified activity.
Person.
An individual, partnership, or corporation.
Property.
Something tangible or intangible to which its owner has legal titles.
Secondhand dealer. Includes any person engaged in the business of buying, selling,
trading, accepting for sale on consignment, accepting for auctioning, auctioning, or
taking in pawn secondhand tangible personal property. "Secondhand Dealer" does not
include:
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(1 )
A coin dealer or participants at gun shows or events, as those terms are
defined in Business and Professions Code Section 21626 or successor
provisions;
(2)
(3)
A person performing the services of an auctioneer for a fee or salary; or
A person whose business is limited to the reconditioning and selling of
major household appliances, provided the appliances are not traded,
taken in pawn, accepted for drop off, accepted for sale on consignment,
accepted for auction, auctioned, or bought except in bulk.
Sexually oriented business. An adult arcade, adult bookstore, adult novelty shop,
adult video store, adult cabaret, adult motel, adult motion picture theater, adult tanning
salon, adult theater, adult stripper or dancer, sexual encounter establishment, sex
supermarkeUsex mini-mall, or nude model studio.
Specified anatomical areas. Include any of the following:
(1 )
(2)
(3)
Less than completely and opaquely covered human genitals, pubic region,
buttocks, anus, or female breasts below a point immediately above the top
of the areola;
Human male genitals in discernibly turgid state, even if completely and
opaquely covered; or
Any device, costume, or covering that simulates any of the body parts
included in subsections (1) or (2) above.
Specified sexual activities. Include any of the following:
(1 )
(2)
(3)
(4)
(5)
The fondling or other erotic touching of human genitals, pubic region,
buttocks, anus, or female breasts, whether of self or another;
Sex acts, actual or simulated, including intercourse, oral copulation, or
sodomy;
Masturbation, actual or simulated;
Excretory functions as part of or in connection with any of the activities
described in subdivision (1) through (3) of this subsection;
Striptease, or the removal of clothing, or the wearing of transparent or
diaphanous clothing, including models dressed only in lingerie to the point
where specified anatomical areas are exposed;
Ordinance No. 1289
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(6)
(7)
Human genitals in a state of sexual stimulation, arousal, or tumescence;
or
The actual or simulated infliction of pain by one human upon another, or
by an individual upon himself/herself, for the purpose of the sexual
gratification or release of either individual, as a result of flagellation,
beating, striking, or touching of an erogenous zone, including without
limitation, the thigh region, genitals, buttocks, pubic region, or, if such
person is a female, a breast.
State check casher permit. A permit issued by the California Department of Justice
authorizing a person to engage in the business of check casher.
Tangible personal property.
Includes, but is not limited to, the following:
(1 )
(2)
(3)
All secondhand personal property, excluding motor vehicles, which bears,
or at the time acquired by the dealer bears, evidence of having had a
serial number or personalized initials or inscription;
All tangible personal property, new or used, including motor vehicles,
received in pledge by a pawnbroker;
All personal property for which a report is required to be made under the
provisions of Division 8 of the Financial Code regarding pawnbroker
regulations, and Chapter 9 of Division 8 of the Business and Professions
Code regarding secondhand goods, or successor provisions.
The term shall not include secondhand books, CDs, sports
equipment, clothing, or furniture.
Tattooing. To insert pigment under the surface of human skin, by pricking with a
needle or otherwise, to produce an indelible mark or figure visible through the skin.
Transfer of ownership.
Includes any of the following:
(1 )
(2)
(3)
The sale, lease, or sublease of the business;
The transfer of securities which constitute a controlling interest in the
business, whether by sale, exchange, or similar means; or
The establishment of a trust, gift, or other similar legal device which
transfers ownership or control of the business, including the transfer by
bequest or other operation of law upon the death of a person possessing
the ownership or control.
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Weapon. Any firearm or explosive device, or any device designed to be used in
offensive or defensive combat or for sport, whether or not the weapon will be so used,
and which is otherwise allowed by law to be possessed or sold.
SECTION 4. Article 3, Chapter 6, Part 2, Section 3623(6)(e) of the Tustin City
Code entitled, Application Requirements for Massage Operator Permit, is hereby
amended in its entirety as set forth below:
"Two (2) front faced portrait color photographs at least two (2) inches by two (2)
inches in size."
SECTION 5. Article 3, Chapter 6, Part 2, Section 3625 of the Tustin City Code
entitled, Application Requirements for Massage Technician Permit, is hereby amended
in its entirety as set forth below:
In addition to the information requested on the application form, first-time
applicants and renewal applicants shall provide the following information along with the
application form:
(1 )
A statement of the exact location at which the applicant will be working as
a massage technician, including the full street address and all telephone
numbers associated with said location, and the name and address of the
massage establishment.
(2)
The following personal information concerning the applicant:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
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Full complete name and all aliases used by the applicant, along
with complete residence address and telephone;
Residential addresses for eight (8) years immediately preceding the
present address of the applicant;
Acceptable written proof that the applicant is at least eighteen (18)
years of age;
Height, weight, color of hair and eyes, and sex;
Two (2) front faced portrait color photographs at least two (2)
inches by two (2) inches in size;
The business, occupation, and employment history of the applicant
for eight (8) years immediately preceding the date of the
application; and,
The complete permit history of the applicant and whether such
person has ever had any license or permit issued by any agency,
(3)
(4)
(5)
(6)
(7)
(8)
(9)
board, city, or other jurisdiction denied, revoked, or suspended and
the reasons therefore.
Criminal convictions, including pleas of nolo contendere, within the last ten
(10) years, including those dismissed or expunged pursuant to Penal
Code Section 1203.4, but excluding minor traffic violations, and the date
and place of each such conviction and reason therefore.
A complete set of fingerprints taken by the Police Department.
Such other information and identification as the Chief of Police may
require to discover the truth of the matters herein specified and as
required to be set forth in the application.
Authorization for the City, its agents, and employees to seek verification of
the information contained in the application.
A statement in writing, and dated, by the applicant that he or she certifies
under penalty of perjury that all information contained in the application is
true and correct.
If during the term of a permit, a permit holder has any change in
information submitted on the original or renewal application, the permit
holder shall notify the Director in writing of such change within ten (10)
business days thereafter.
Each applicant must furnish the following information:
(a)
An original or certified copy of a diploma or certificate and certified
transcript of graduation evidencing completion of one thousand
(1,000) hours in a progressive course of instruction from a
recognized school of massage, wherein the method, practice,
profession, theory, ethics, anatomical, and physiological knowledge
and practice of a massage technician is taught by State certified
instructors. A recognized school of massage 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 the California
Education Code, including but not limited to section 94900, 94905,
or 94915, and which requires a resident course of study before the
student shall be furnished with a diploma or certificate of
graduation. Schools offering a correspondence course not requiring
actual physical attendance shall not be deemed a recognized
school. Duplicate courses shall not be accepted. The applicant
must also supply a course description, an outline of material
covered, and a letter to the City from the school administrator
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(b)
Ordinance No. 1289
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verifying completion. The Director may consider an applicant's
study of massage completed outside the State of California if proof
of completion from a formalized and progressive course of study in
massage practice, anatomy, and/or physiology is provided with the
application. Proof of completion shall include dates of study and the
name, address, and telephone number of the school attended. Any
outside course of study submitted for approval shall meet the State
of California's Office of Post-Secondary Education's minimum
requirements and be for completion of one thousand (1,000) hours
of on-premises training.
Certification that the applicant has taken and obtained a passing
score on the test prescribed by the Director in accordance with this
Part.
(i)
The Director shall require one (1) of the following eligible
testing procedures to be applied to all applicants for
massage technician licenses. In the event the Director is
apprised of facts indicating that a testing procedure is
impractical for the City to verify or to administer, then the
Director may prescribe that the other eligible testing
procedure shall apply to all applicants for massage
technician licenses from and after the date of the Director's
determination. The eligible testing procedures that may be
prescribed by the Director are:
(a)
That all applicants take and pass the then current
NCE as developed, administered, and verified by
NCBTMB, or any other massage test developed,
administered, and verified by NCBTMB; or
(b)
That all applicants take and pass the then current
"City Standardized Massage Technician/Practitioner
Test" ("City Test"). The City Test shall be a written
examination testing the applicant's knowledge of the
basic subject matter, skills, and abilities needed to
perform safe and therapeutic massage. The City Test
shall be developed by the Director, who may rely
upon tests developed and administered by other state
and local organizations. The City Test shall be
administered by the Director under conditions
adequate to ensure the security and accuracy of the
testing procedure. Each City Test shall be designated
with a separate identification number for tracking
purposes. Applicants shall be required to answer
seventy (70) percent of the questions on the City Test
(Ii)
(iii)
correctly in order to pass the City Test. The score
shall be calculated based on individual test results
and shall not be dependent upon the performance of
a group of test takers (Le., is not graded on a "Bell
Curve"). The City Council may, by resolution, set and
charge a fee for taking the City Test. An applicant
who fails to pass the City Test shall not be eligible to
take the City Test until thirty (30) days after the
previous City Test. An applicant who fails to pass
upon a second attempt shall not again be eligible until
six (6) months thereafter. An additional processing fee
may be required to be filed with the Director prior to
taking each City Test. The City Test will be in English.
In the event the applicant does not read and write
English sufficient to take and pass the City Test, it
shall be the responsibility of the applicant to, at their
own expense, make arrangements with a Court-
certified interpreter to interpret the examination. Proof
of Court certification must be provided to the City prior
to the administration of the examination.
If the testing procedure prescribed by the Director is the
NCE administered by the NCBTMB, then the applicant shall
satisfy this subsection by causing the NCBTMB to mail,
directly to the City, a certificate indicating the applicant has
taken the NCE and that the applicant obtained the score on
that NCE required by NCBTMB to pass that NCE. If the
testing procedure prescribed by the Director is the City Test,
then the applicant shall state the date upon which the City
Test was taken and the identification number provided on
the test, so that the Director can verify the taking and
passing of the test.
Permits for massage operators and technicians are renewed
on a year to year basis provided that the permittees meet the
requirements set out in this Section 3625.
(a)
Each massage technician whose permit expires
between December 6, 2004, and April 4, 2005, must
comply with section 3625(9) by April 4, 2005, and his
or her massage technician's permit is hereby
extended until April 4, 2005, if necessary. If said
massage technician does not comply with section
3625(9) by April 4, 2005, then his or her massage
technician's permit expires, and he or she must
satisfy section 3625's requirements for a new permit.
Ordinance No. 1289
Page 11 of15
(b)
Each massage technician whose massage technician
permit expires after April 4, 2005, must comply with
section 3625(9) to renew his or her massage
technician permit.
(c)
Each first-time or renewal applicant for a massage
technician permit who has previously taken and
passed the NCE as developed, administered, and
verified by NCBTMB is not required to take and pass
the NCE a second time. Each applicant for a
massage technician permit who has taken and
passed the NCE must comply with Section
3625(9)(b)(ii).
SECTION 6. Article 3, Chapter 6, Part 2, Section 3628 of the Tustin City
Code entitled, Exemption, is hereby amended in its entirety as set forth below.
(a)
(b)
(c)
This part does not apply to cosmetologists, barbers, or to persons licensed
to practice any healing art pursuant to Business and Professions Code,
Division 2, section 500 et seq., or the Chiropractic Act (collectively,
"Healing Arts Practitioner"), when performing massage within the scope of
his or her license. Such Healing Arts Practitioners shall be required to
obtain a massage operator permit if their employees are proposed to
engage in massage.
Notwithstanding any other provision of law, this part applies to an
employee of any person described in subsection a if the employee is
engaged in, or is purported to be engaged in, the business of massage,
and is located on the premises of a person described in subsection a.
This part does not apply to City permitted massage technicians who
perform chair massage on fully clothed persons at public places.
SECTION 7. Article 3, Chapter 7, Part 3, Section 3731 of the Tustin City Code
entitled, General, is hereby amended in its entirety as set forth below:
Any person may appeal a decision of the Director or the Planning Commission to
the City Council. The right to appeal to the City Council shall terminate upon the
expiration of fifteen (15) days from the date of mailing of the notice. The notice of appeal
is to be sent to the City's Community Development Department. Within thirty (30) days
of the receipt of said notice of appeal, the Director shall notify the applicant of the date
of the City Council hearing.
(1 )
In the event an appeal is timely filed, the Director's or the Planning
Commission's decision shall not be in effect until a final decision has been
Ordinance No. 1289
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(2)
(3)
(4)
rendered by the City Council. If no appeal is filed, the Director's or the
Planning Commission's decision shall become effective upon expiration of
the period for filing appeals.
The City Council may preside over the hearing on appeal or, in the
alternative, the City Manager may appoint a hearing officer to conduct the
hearing, receive relevant evidence, and submit to the City Council,
findings and recommendations to be considered by the City Council. The
City Council shall render its decision within forty-five (45) days from the
date of the hearing or, in the event that a hearing officer has been
appointed, within forty-five (45) days from the date on which the City
Council receives the findings and recommendations of the hearing officer.
The decision of the City Council shall be final. The applicant shall be
entitled to notice of the basis for the proposed action, a copy of the
documents upon which the decision was based, and the opportunity to
present contrary evidence at the hearing.
Notice of the date, time, and place of the hearing shall be mailed at least
ten (10) days prior to the date of the hearing, by the U.S. Mail, with proof
of service attached, addressed to the address listed on the massage
application, massage technician application, or, the address given in the
Notice of Appeal, as the case may be.
The following rules of evidence shall apply:
(a)
Oral evidence shall be taken only under oath or affirmation. The
City Councilor hearing officer shall have authority to administer
oaths, and to receive and rule on admissibility of evidence.
(b)
Each party shall have the right to call and examine witnesses, to
introduce exhibits, and to cross-examine opposing witnesses who
have testified under direct examination. The City Council or hearing
officer may call and examine any witness.
(c)
Technical rules relating to evidence and witnesses shall not apply
to hearings provided for in this part. Any relevant evidence may be
admitted if it is material and is evidence customarily relied upon by
responsible persons in the conduct of their affairs regardless of the
existence of any common law or statutory rule which might make
admission of such evidence improper over objection in civil actions.
Hearsay testimony may be admissible and used for the purpose of
supplementing or explaining any evidence given in direct
examination, but shall not be sufficient in itself to support a finding
unless such testimony would be admissible over objection in civil
actions. The rules of privilege shall be applicable to the extent they
Ordinance No. 1289
Page 130f15
are now, or are hereafter permitted in civil actions. Irrelevant,
collateral, undue, and repetitious testimony shall be excluded.
(5)
No permit granted herein shall confer any vested right to any person or
business for more than the permit period.
SECTION 8. Article 3, Chapter 6, Part 2, Section 3622 of the Tustin City
Code entitled, Prerequisites for Massage Operator Permit, is hereby amended in its
entirety as set forth below:
No person shall be eligible to receive a massage operator permit until such
person has obtained a valid conditional use permit for a massage establishment
pursuant to Tustin City Code Sections 9232, 9233, 9234, or 9235. A Healing Arts
Practitioner, as defined in Section 3628(a), shall not be required to obtain a conditional
use permit to qualify for a massage operator permit.
SECTION 9. The requirements of amended Section 3625(9) shall apply to
any applicant for a massage technician permit who has not been issued a permit as of
the time this Ordinance was considered by the Planning Commission.
SECTION 10. If any section, subsection, sentence, clause, phrase, or portion
of this ordinance is for any reason held 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 of the City of Tustin hereby
declares that it would have adopted this ordinance and each section, subsection,
sentence, clause, phrase, or portion thereof irrespective of the fact that anyone or more
sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
PASSED AND ADOPTED, at a regular meeting of the City Council for the City of
Tustin on this 3rd day of January, 2005.
41Þ-
LOU BONE
Mayor
ATTEST:
-DhOO~
PAMELA STOKER
City Clerk
Ordinance No. 1289
Page 14 of 15
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
)
)SS
)
I, Pamela Stoker, City Clerk of the City of Tustin, California hereby certify that the
foregoing is a full, true and correct copy of the Ordinance introduced at a regular
meeting of the City Council of the City of Tustin duly held on December 6, 2004, of
which meeting all of the members of said City Council had due notice and at which a
majority thereof were present; and was finally passed and adopted not less than five
days thereafter on January 3, 2005, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
BONE, DAVERT, AMANTE. HAGEN. KAWASHIMA (5)
NONE (0)
NONE (0)
NONH ¡OJ
~~~~,~
City Clerk
Ordinance No. 1289
Page 15 of 15