HomeMy WebLinkAbout102-Massage Ordinance cover sheet.pdf
ORDINANCE __________
An Ordinance amending Article 4-55 of the Saratoga Municipal Code
regarding Massage Establishments and Massage Practitioners
Findings
1. The City of Saratoga wishes to update and clarify the standards applicable to Massage
Establishments and Massage Practitioners (Article 4-55). The provisions of the City of Saratoga
City Code that relate to the practice of massage therapy were last updated in 1998.
2. California State Senate Bill 731, which became effective September 1, 2009, revised
Business and Professions Code Sections 4600 et seq. and modified Cities’ ability to regulate the
practice of massage therapy.
3. The City of Saratoga intends to provide for the orderly regulation of the practice of
massage therapy, in the interest of public health, safety, and welfare, and wishes to recognize the
practice of massage therapy as a valid profession and discourage the use of massage therapy as a
subterfuge to commit illegal or illicit activity.
4. The City Council of the City of Saratoga held a duly noticed public hearing on May 5,
2010 and after considering all testimony and written materials provided in connection with that
hearing introduced and adopted this ordinance.
Therefore, the City Council hereby ordains as follows:
Section 1. Adoption.
Article 4-55 of the Saratoga City Code is hereby replaced in its entirety with the text shown in
Exhibit A.
Section 2. California Environmental Quality Act.
Pursuant to the California Environmental Quality Act (“CEQA”), this action is exempt under 14
California Code of Regulations (“CEQA Guidelines”) section 15061(b)(3) (the amendments are
exempt because it can be seen with certainty that there is no possibility that the activity in
question may have a significant effect on the environment).
Section 3. Severance Clause.
The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence,
clause and phrase of this ordinance is severable and independent of every other section, sub-
section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any section,
sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held
invalid, the City Council declares that it would have adopted the remaining provisions of this
ordinance irrespective of the portion held invalid, and further declares its express intent that the
remaining portions of this ordinance should remain in effect after the invalid portion has been
eliminated.
Section 4. Publication.
This ordinance or a comprehensive summary thereof shall be published in a newspaper of
general circulation of the City of Saratoga within fifteen days after its adoption.
The foregoing ordinance was introduced and first reading waived at the regular meeting of the
City Council of the City of Saratoga held on May 5, 2010, and was adopted by the following
vote following a second reading on May 19, 2010:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED: ATTEST:
_________________________________ _____________________________
Kathleen King, Ann Sullivan,
MAYOR OF THE CITY OF SARATOGA CLERK OF THE CITY OF SARATOGA
APPROVED AS TO FORM:
__________________________________
Richard Taylor, CITY ATTORNEY