Ordinance No. 1083365
ORDINANCE NO. 1083
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CYPRESS, CALIFORNIA, AMENDING CYPRESS MUNICIPAL CODE
CHAPTER 15A AND CYPRESS ZONING CODE CHAPTER 6.31
RELATED TO REGULATION OF MASSAGE ESTABLISHMENTS
WHEREAS, the City Council of the City of Cypress 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 15A 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 15A of the Cypress
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 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, it is not the intent of this chapter to regulate any person whose profession is
regulated by the State of California where the State occupies the field of such profession, and
where the person is duly licensed and merely operating within the scope of his or her licensure.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City Council hereby declares and finds the above - mentioned recitals
are true and correct.
SECTION 2. Section 6.31.020 of Article 6 of the Cypress Zoning Code, entitled
"Definitions of specialized terms and phrases," is hereby amended by adding the following
definition under Definitions, "D ":
"Day spa. A facility employing 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, dermabrasion, balneotherapy, dry brushing, body
composition (fat to lean muscle ratio) analysis, chemical Peel, clay or mud
wrap, facial rejuvenation, reflexology, hydrotherapy, balneotherapy,
crenotherapy, thalassotherapy, and body wraps."
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SECTION 3. Section 6.31.020 of Article 6 of the Cypress Zoning Code, entitled
"Definitions of specialized terms and phrases," is hereby amended by modifying the definition
for "Home Occupations," under Definitions, "H" to read as follows:
"Home Occupations. A clearly accessory commercial activity or business
service conducted in a residential dwelling unit, only by residents of the
unit, in a manner clearly incidental to the residential character of the site
and surrounding neighborhood, and in compliance with the provisions of
subsection 3.17.110 (Home occupations)."
SECTION 4. Section 15A -1 of the Cypress Municipal Code is hereby amended, to read
as follows in its entirety:
"Section 15A -1. Findings and purpose.
The City Council finds and declares as follows:
(a) The permit requirements and restrictions imposed by this chapter are
reasonably necessary to protect the health, safety and welfare of the
citizens of the City of Cypress.
(b) The City of Cypress is authorized, by virtue of the State Constitution,
the provisions of the City Charter and Section 51031 of the Government
Code, to regulate massage establishments, as defined in this chapter, to the
extent such businesses may be regulated by a charter city, by imposing
reasonable standards relative to the skill and experience of massage
operators and massage technicians and reasonable conditions on the
operation of the massage establishment.
(c) There is a significant risk of injury to massage clients by improperly
trained and/or educated massage technicians and this chapter provides
reasonable safeguards against injury and economic loss.
(d) There is opportunity for acts of prostitution and other unlawful sexual
activity to occur in massage establishments. Courts have long recognized
massage as a pervasively regulated activity and that massage
establishments are often brothels in disguise. The establishment of
reasonable standards for issuance of permits and restrictions on operations
would serve to reduce the risk of illegal activity.
(e) The restrictions and requirements contained in this chapter reduce the
burdens on the police department and permit the deployment of the police
personnel such that more serious crimes may be prevented and more
important laws enforced.
(f) The regulations and restrictions contained in this chapter tend to
discourage massage establishments from degenerating into houses of
prostitution as well as other illegal uses and the means utilized in this
chapter bear a reasonable and rational relationship to the goals sought to
be achieved.
(g) Nothing in this chapter is intended to regulate any person whose
profession is regulated by the State of California where the State expressly
preempts local regulation and occupies the field of such profession, and
where the person is duly licensed and merely operating within the scope of
his or her licensure."
SECTION 5. Section 15A -2 of the Cypress Municipal Code is hereby amended by
renumbering paragraphs (a) through (j), to now become paragraphs (e) through (n), respectively,
and by adding the following new paragraphs (a), (b), (c) and (d) to read as follows:
"(a) Athletic club means a properly licensed and permitted "Health/
Fitness Center," as same is defined in Section 6.31.020 of Article 6
of the Cypress Zoning Code.
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(b) Beauty salon means a properly licensed and permitted "Beauty
salon/shop," as same is defined in Section 6.31.020 of Article 6 of
the Cypress Zoning Code.
(c) Chair massage means a massage administered to a client sitting
upright in a chair facing toward cushions, where the client remains
fully clothed and no oils are used while only shoulders, neck,
upper back, head and arms are massaged.
(d) Day spa means a properly licensed and permitted "Day Spa," as
same is defined in Section 6.31.020 of Article 6 of the Cypress
Zoning Code."
SECTION 6. Paragraph (q) of Section 15A -7 of the Cypress Municipal Code is hereby
amended, to read in its entirety as follows:
"NO- HOME-BASED BUSINESS. Notwithstanding the requirements set
forth under paragraph (p) of this Section, a massage practitioner may
conduct off -site massages only when such massage is specifically
prescribed in writing by a physician, surgeon, chiropractor or osteopath
duly licensed to practice in the State of California. No additional massage
service shall be performed for any patron beyond that service which is
specifically described in writing whether such patron desires any
additional service to be performed. A massage practitioner permit may be
suspended or revoked for off -site massages based upon any of the grounds
set forth at section 15A -25. A massage technician shall not conduct off -
site massages under any circumstances."
SECTION 7. Section 15A -22 of the Chapter 15A of the Cypress Municipal Code is
hereby amended, to read in its entirety as follows:
"Section 15A -22. Exemptions.
(a) This chapter shall not apply to the following classes of individuals
while engaged in the performance of the duties of their respective
professions: Physicians, surgeons, chiropractors, osteopaths, physical
therapists or nurses who are duly licensed to practice their respective
professions in the State of California, while performing activities
encompassed by such professional licenses;
(b) Anyone duly exempted under subparagraph (a) employing or
utilizing either a massage technician or massage practitioner for the
purpose of furnishing a massage shall be required to obtain a massage
establishment license and any required practitioner and/or technician
permit(s), and all requirements for massage establishment facilities and
operations must be met, except for the facilities requirements in paragraph
(b) of Section 15A -7.
(c) Individuals administering massages or health treatment involving
massage to persons participating in road races, track meets, triathlons and
similar single occurrence athletic or recreational events; provided, that all
of the following conditions are met:
(1) The massage services are made equally available to all
participants in the event.
(2) The event is open to participation by the general public or a
significant segment of the public such as employees of sponsoring or
participating corporations.
(3) The massage services are provided at the site of the event
and either during, immediately preceding or immediately following the
event.
(4) The sponsors of the event have been advised of and have
approved the provision of massage services.
(5) The persons providing the massage services are not the
primary sponsors of the event."
SECTION S. Section 15A -23 of chapter 15A of the Cypress Municipal Code is hereby
amended, to read in its entirety as follows:
"Section 15A -23. Massage accessory to other businesses.
(a) Athletic clubs and day spas. A massage establishment may be
permitted in an athletic club, day spa, or similar establishment provided
such massage operations are clearly incidental and accessory to the
operation of such bona fide business and such business has a valid
conditional use permit approved by the City Council which identified the
massage establishment. Any massage establishment duly authorized to
operate under the provisions of this section must comply with all the
provisions of this chapter with the exception of the requirements set forth
in subparagraphs (b) and (p) of Section 15A -7.
(b) Chair massages. Chair massages are permitted in any business
provided such massage operations are clearly incidental and accessory to
the operation of such bona fide business. This paragraph (b) shall only
apply to duly licensed athletic clubs, day spas, beauty salons, or
professional health care businesses operated by persons described in
paragraph (a) of Section 15A -22."
SECTION 9. 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 Cypress hereby declares that it would have
adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof,
irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or
portions thereof may be declared invalid or unconstitutional.
SECTION 10. This Ordinance shall be in full force and effect thirty (30) days after its
passage.
SECTION 11. The City Clerk shall certify to the passage and adoption of this Ordinance
by the City Council of the City of Cypress and shall cause a summary of this Ordinance to be
published in accordance with Government Code § 36933.
FIRST READING at a regular meeting of the City Council of said City held on the 11th
day of September, 2006, and finally adopted and order posted at a regular meeting held on the
25th day of September, 2006.
ATTEST:
AU/LAO- exopitiun
CITY CLERK
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
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I, Denise Basham, Acting City Clerk of the City of Cypress, DO HEREBY CERTIFY
that the foregoing Ordinance was duly adopted by said City Council at a regular meeting held on
the 25th day of September, 2006, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: McCoy, McGill, Seymore, and Sondhi
NOES: 1 COUNCIL MEMBERS: Luebben
ABSENT: 0 COUNCIL MEMBERS: None
taLlitA7a, 6a,01,494-y\
CITY CLERK OF THE CITY OF CYPRESS