HomeMy WebLinkAboutNS-1355NOTE: See June 16 memo to file - CA 91.10 & tickler copy
EJC:adg
3/23/77
ORDINANCE NO. NS-1355
AN ORDINANCE OF THE CITY OF SANTA ANA
AMENDING THE SANTA ANA MUNICIPAL CODE
BY AMENDING SECTION 22-5 RELATING TO
MASSAGE TECHNICIAN PERMITS
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN
AS FOLLOWS:
SECTION 1: That Section 22-5 of the Santa Ana
Municipal Code is hereby amended to read as follows:
Section 22-5. Massage Technician Permit
(a) Any person desiring to obtain a permit to act
as a massage technician shall make application to
the Chief of Police or his designated representative.
Prior to submitting such application a nonrefundable
fee as established by resolution of the City Council
shall be paid to the Department of Finance to
defray, in part, the cost of investigation and
report required by this ordinance. The Department
of Finance shall issue a receipt showing that such
permit application fee has been paid. The receipt,
or a copy thereof, shall be supplied to the Chief
of Police at the time such application is submitted.
(b) The application for permit does not authorize
acting as a massage technician until such permit
has been granted.
(c) Each applicant for a massage technician's
permit may furnish all the information required
by section 22-3(¢) (1) through 22-3(c) (9) of this
ordinance, and shall in addition furnish the follow-
ing information:
(1) A certificate from a medical doctor licensed
to practice in the State of California, stating
that the applicant has within thirty (30) days
immediately preceding the date of application
been examined and found to be free of any con-
tagious or communicable disease.
(2) A diploma or certificate of graduation
from a "recognized school," if any.
(3) The massage establishment, if any, at
which the applicant expects to be employed.
(4) Such other identification and information,
including written waivers pursuant to the
Education Code as the Police Department may
require in order to discover the truth of the
matters hereinbefore specified as required to
be set forth in the application.
(5) The Chief of Police may require the
applicant to furnish fingerprints when needed
for the purpose of establishing identification.
ORDINANCE NO. NS- 1 $ 55
Page Two
(d) The Chief of Police shall have a reasonable
time in which to investigate the application and
background of the applicant. The Chief of Police
or his representative shall render a recommendation
as to the approval or denial of the permit to the
City Manager.
(e) The City Manage~, after receiving the appli-
cation and aforementioned recommendation, shall
grant the permit if he finds in accordance with
sections 22-3(f) (1) through 22-3(f) (6), and in
addition finds:
(1) The applicant has
medical certificate in
ordinance.
furnished an acceptable
compliance with this
(2) The applicant has furnished an acceptable
diploma or certificate of graduation from a
"recognized school" or in lieu thereof has
demonstrated competence and proficiency to the
satisfaction of the City Manager through
continuous experience as a massage technician
for a two (2) year period prior to the effective
date of this ordinance, or is an active member
in good standing in the California Massage
Technicians Association or the American Massage
and Therapy Association.
(3) The applicant has not had a massage
establishment permit or a massage technician's
permit or other similar license or permit
denied or revoked for cause by this city
located in or out of this state within the
five (5) years prior to the date of appli-
cation.
(4) The applicant is at least eighteen (18)
years of age.
(f) Any person denied a permit by the City Manager
pursuant to these provisions may appeal to the City
Council pursuant to Chapter 3 of the Santa Aha
Municipal Code.
SECTION 2: 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 Santa Ana hereby declares that it
would have adopted this ordinance and each section, subsection
sentence, clause, phrase or portions thereof irrespective of
the fact that any one or more sections, subsections, sentences,
clauses, phrases or portions be declared invalid or unconsti-
tutional.
SECTION 3: Neither the adoption of this ordinance
nor the repeal hereby of any ordinance shall in any manner
affect the prosecution for violation of ordinances, which
violations were committed prior to the effective date hereof,
ORDINANCE NO. NS- 1555
Page Three
nor be construed as affecting any of the provisions of such
ordinance relating to the collection of any such license or
penalty or the penal provisions applicable to any violation
thereof, nor to affect the validity of any bond or cash de-
posit in lieu thereof, required to be posted, filed or de-
posited pursuant to any ordinance and all rights and obli-
gations thereunder appertaining shall continue in full force
and effect.
ADOPTED by the City Council of the City of Santa
Ana on the 18th day of April , 1977, by the
following vote:
AYES: COUNCILMEN: Yamamoto~ Bricken, 0rtiz, Evans,
Garthe, Ward
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: ~ndt ~
MAYOR
ATTEST:
CLERK OF THE COUNCIL
APPROVED AS TO FORM:
KEITH L, GOW
City Attorney