Ordinance No. 1108484
ORDINANCE NO. 1108
AN ORDINANCE OF THE CITY OF CYPRESS, CALIFORNIA,
AMENDING SECTIONS 15A -22 OF CHAPTER 15A OF THE CYPRESS
MUNICIPAL CODE REGULATING AND LICENSING OF MASSAGE
ESTABLISHMENTS WITHIN THE CITY OF CYPRESS TO COMPLY
WITH THE PROVISIONS OF 2007- 2008'S SENATE BILL 731
(OROPEZA), CHAPTER 384, STATUTES OF 2008.
WHEREAS, the legislature of the State of California has adopted Senate Bill 731
( "SB 731"), effective September 1, 2009 to amend California Business and Professions
Code ( "Cal. Bus. & Prof. Code ") Chapter 10.5 to authorize the creation of a non - profit
organization to certify massage therapists and massage practitioners at the state level;
and
WHEREAS, pursuant to SB 731, the holder of a massage certificate shall have
the right to practice massage in any city, county or city and county in California without
being required to obtain any other license, permit or other authorization to engage in
that practice such that the City will not be permitted to enact any ordinance, or enforce a
previously adopted ordinance, that requires a license, permit or other authorization to
practice massage by an individual who is certified pursuant to the regulations set forth in
Chapter 10.5 of the Cal. Bus. & Prof. Code; and
WHEREAS, the City Council of the City of Cypress desires to promote the public
health, safety, comfort, and welfare of the community; and
WHEREAS, the City wishes to update a portion of the Cypress Municipal Code to
ensure that the City's regulation of massage establishments comply with SB 731 and
Cal. Bus. & Prof. Code Chapter 10.5.
NOW, THEREFORE, the City Council of the City of Cypress, California, does
hereby ordain as follows:
SECTION 1. Section 15A -22(a) of the Cypress Municipal Code is hereby
amended to read as follows:
"Section 15A -22. Exemptions.
(a) This chapter shall not apply to the following classes of
individuals or entities 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, massage practitioners or
massage therapists who are duly certified by the Massage Therapy
Organization as set forth in Business and Professions Code Section 4600
et seq., or massage businesses or establishments as defined under
paragraph (1) of subdivision (b) of Section 4612 of the California Business
and Professions Code while performing activities encompassed by such
professional licenses;"
SECTION 2. If any subsection, sentence, clause, or phrase of this ordinance is
for any reason held to be invalid or unconstitutional by a decision of any court of any
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 passed
this ordinance, and each and every section, subsection, sentence, clause and phrase
thereof not declared invalid or unconstitutional without regard to whether any portion of
the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 3. The City Clerk shall certify to the passage and adoption of this
ordinance, and shall make a minute of the passage and adoption thereof in the records
of and the proceedings of the City Council at which the same is passed and adopted.
This ordinance shall be in full force and effect thirty (30) days after its final passage and
adoption, and within fifteen (15) days after its final passage, the City Clerk shall cause it
to be published in a newspaper of general circulation and shall post the same at City
Hall, the Police Department, and the Community Center.
FIRST READING at a regular meeting of the City Council of said City held on the
10th day of August, 2009 and finally adopted and order posted at a regular meeting held
on the 24th day August, 2009.
ATTEST:
tkt 217)
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
OF T'i= ITY OF CYPRESS
I, DENISE BASHAM, City Clerk of the City of Cypress, DO HEREBY CERTIFY
that the foregoing Resolution was duly adopted at a regular meeting of the said City
Council held on the 24th day of August, 2009, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Mills, Seymore, Narain, and Bailey
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Luebben
2
CITY CLERK OF THE CITY OF CYPRESS
485