Ordinance No. 1155219
ORDINANCE NO. 1155
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, AMENDING PORTIONS OF CHAPTER 15A OF THE
CYPRESS MUNICIPAL CODE
WHEREAS, the City of Cypress (the "City ") duly enacted on June 9, 1997, Ord.
No. 967, § 1 which amended Ch. 15A in its entirety. Prior to amendment, Ch. 15A
pertained to massage parlors and derived from Ord. No. 455, § 1, adopted July 12,
1971; and
WHEREAS, the City Council now deems it appropriate to amend Cypress
Municipal Code, Chapter 15A, Massage Establishments, to ensure the future health,
safety, and general welfare of the citizens; and
WHEREAS, in 2008, the California State Legislature adopted and the Governor
signed into law, Senate Bill 731, which established uniform statewide regulations
pertaining to massage therapy and massage establishments (Business and Professions
Code Section 4600 et seq.) (hereinafter, the "Massage Therapy Law "). The Massage
Therapy Law created a statewide system for issuing massage worker permits and
shifted government regulation from local governments to a new state entity known as
the California Massage Therapy Council (hereinafter, the "CAMTC "). The Massage
Therapy Law preempted most local land use, zoning and operational regulations
relating to massage therapists and practitioners certified by the CAMTC and massage
establishments that exclusively employ certified massage therapists and practitioners;
and
WHEREAS, the State Legislature adopted Assembly Bill 619 in 2011 and Senate
Bill 1238 in 2012, which amended various provisions of the Massage Therapy Law to
further limit local government authority to regulate massage; and
WHEREAS, many Southern California cities saw a proliferation of massage
establishments after the passage of the Massage Therapy Law took effect, which was
due in part to the permissive zoning regulations required under the Massage Therapy
Law. There is evidence in other jurisdictions that massage establishments serve as
fronts for prostitution or human sex trafficking. The potential for criminal and unsafe
activities at massage establishments is particulary concerning given that some are
located within proximity to places where families congregate, such as restaurants and
shopping areas; and
WHEREAS, on September 18, 2014, Governor Brown signed into law Assembly
Bill 1147 (hereinafter, "AB 1147 "), which amended the Massage Therapy Law to expand
local authority to adopt zoning ordinances to regulate massage establishments run by
CAMTC certified massage therapists. The City now has the ability to adopt and enforce
zoning regulations specific to massage establishments that do not necessarily apply to
all other licensed professionals. AB 1147 took effect on January 1, 2015; and
WHEREAS, one of the Legislature's intents is "that broad control over land use in
regulating massage establishments be vested in local governments so that they may
manage those establishments in the best interests of the individual community, and that
the requirements and practice of the profession of massage therapy remain a matter of
statewide concern, regulation, and oversight." (California Business and Professional
Code Section 46.00.5.); and
WHEREAS, AB 1147 did not change the City's ability to regulate message
therapists who do not have a CAMTC certificate, but it did expand the City's ability to
regulate CAMTC certified mas:'age therapists; and
WHEREAS, California Business and Professional Code Section 4612 limits the
City's ability to enact or enfcrse an ordinance that conflicts with this chapter or Section
51034 of the Government ` `'!�, but nothing in this chapter prevents the City from
licensing, regulating, rrc. biting, or permitting an individual who provides massage for
compensation without a va'id certificate; and
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WHEREAS, Government Code Section 51034 prohibits the City from "Impos[ing]
a requirement that an individual holding a certificate issued in accordance with Chapter
10.5 (commencing with Section 4600) of Division 2 of the Business and Professions
Code, obtain any other license, permit, certificate, or other authorization to provide
massage for compensation. However, this paragraph shall not be construed to prohibit
a city, county, or city and county from requiring by ordinance that a massage business
or establishment obtain a license, permit, certificate, or other authorization in order to
operate lawfully within the jurisciction."; and
WHEREAS, the City Council recognizes the value of allowing massage
businesses, and Council ' also recognize the continued need to regulate these
businesses to lessen the risk of injury to massage clients who may be injured by
improperly trained and or uneducated massage therapists, and to lessen the risk of
prostitution and /or human sex trafficking.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Cypress Municipal Code Chapter 15A -1 Findings and purpose is
amended to add subsection (h) to read:
"To the fullest extent of the law, the City requires owners and operators who are
CAMTC certified to obtain operation licenses within its jurisdiction."
Section 2. Cypress Municipal Code, Chapter 15A -2: Definitions is amended to
add the following subsections which will be placed at the start of the section as the new
subsections (a) and (b) (the other definitions will remain only to be placed sequentially
behind the new subsections):
"(a) California Massage Therapy Council (CAMTC) shall mean the State
organized non - profit organization created to regulate the massage industry set forth in
Chapter 10.5 of Division 2 of the Business and Professions Code of the State
(commencing with Section 4600).
(b) CAMTC certificate shall mean a current and valid certificate issued by the
California Massage Therapy Council to a massage technician."
Section 3. Cypress Municipal Code Chapter 15A -22: Exemptions is deleted in
its entirely and amended to read:
"(a) This chapter shall not apply to the following:
(1) State - licensed professionals while engaged in the performance of the
duties of their respective professions and while limited to the scope of their
California state licenses including acupuncturists, aestheticians, barbers,
chiropractors, cosmetologists, exercise physiologists, manicurists, nurses,
naturopathic doctors, occupational therapists, osteopaths, physical
therapists, physicians, and surgeons.
(2) Trainers of any semiprofessional or professional athlete or athletic
team, or athletic trainers hired by a local, state or federal government
agency.
(3) Any educational institution regulated by the State of California,
including any portion of the institution providing massage services, such
as student clinics and work study programs, regulated under such state
license.
(4) 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:
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a. The massage services are made equally available to all
participants in the event.
b. 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.
c. The massage services are provided at the site of the event and
either during, immediately preceding or immediately following the
event.
d. The sponsors of the event have been advised of and have
approved the provision of massage services.
e. The persons providing the massage services are not the primary
sponsors of the event.
(b) CAMTC certified massage technicians and /or practitioners are exempt from
the following:
(1) Subsections (d) and (p) of Sec. 15A -7. Massage establishment
facilities and operations requirements.
Subsection (I) of Sec. 15A -7. does not limit a CAMTC
technician or practitioner from "performing massage for
compensation on the gluteal muscles, prohibit specific
massage techniques recognized by the California Massage
Therapy Council as legitimate, or impose any other specific
restriction on professional practice beyond those set forth in
subparagraph (E) of paragraph (1) of subdivision (a) of
Section 4609 of the Business and Professions Code, except
as authorized by Section 460 of the Business and
Professions Code." (Gov. Code, § 51034.)
(2) Sec. 15A -15. Massage technician permit requirement.
(3) Sec. 15A -16. Massage technician application fee and renewals
(4) Sec 15A -17. Application for massage technician permit
(5) Sec 15A -18. Massage practitioner permit required.
(6) Sec 15A -19. Massage practitioner application fee and renewal.
(7) Sec 15A -20. Application for massage practitioner permit.
Section 4. 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 5. This Ordinance shall be in full force and effect thirty (30) days after
its passage.
Section 6. 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.
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FIRST READING at a regular meeting of the City Council of said City held on the
11th day of April, 2016, and finally adopted and order posted at a regular meeting held on
the 25th day of April, 2016.
e' AIL 46%
MA A R OF THE CITY 0 YPRESS
ATTEST:
jOe O a. e'er
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, DENISE BASHAM, City Clerk of the City of Cypress, DO HEREBY CERTIFY that
the foregoing Ordinance was duly adopted at a regular meeting of said City Council held
on the 25th day of April, 2016, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Berry, Johnson, Peat, Morales and Yarc
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
)QoL. t1
CITY CLERK OF THE CITY OF CYPRESS
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