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ORDINANCE 1129ORDINANCE NO. 1129 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING THE EL SEGUNDO MUNICIPAL CODE BY AMENDING SECTIONS 5.40.030 AND 5.40.040 OF CHAPTER 5.40, TITLE 5, OF THAT CODE RELATING TO REGULATION OF MASSAGE PARLORS AND MASSAGE TECHNICIANS. WHEREAS, it is the policy of the City that regulatory fees represent the actual costs of the regulatory activity; and WHEREAS, the City is desirous of using the Los Angeles County massage technician testing policy and inspection program to regulate massage parlors within the City; and WHEREAS, the City Council is desirous of adjusting the fee schedule to more closely reflect the actual cost of regulation of massage parlors and of requiring all massage technicians to pass the Los Angeles County test for massage technicians and to be subject to the annual Los Angeles County Inspection Program. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO DOES ORDAIN AS FOLLOWS: SECTION 1. Sections 5.40.030 and 5.40.040 of Chapter 5.40 of Title 5 of the E1 Segundo Municipal Code are hereby amended as follows: 115.40.030 MASSAGE PARLORS - PERMIT REQUIRED - INVESTIGATION FEE. Every person conducting, managing, operating, owning or in control of a massage parlor or any other place that is open to the public or is a private club, where facial massages, fomentations, massages, electric or magnetic treatments, alcohol rubs, Russian, Swedish or Turkish baths are administered or given, or any public bathing place, which has in connection therewith a steamroom, dry or hot room plunge, swimming pool, shower bath, or sleeping accommodations, shall obtain a permit therefor, pursuant to the provisions of this chapter, and for each of such places shall pay upon application a one -time investigation fee of five hundred dollars. Thereafter, each such place shall be assessed an annual inspection fee of one hundred twenty dollars for the cost of submitting to a annual inspection under the Los Angeles County Massage Parlor Inspection Program. In addition, there shall be assessed against each such massage parlor, a business license tax under the provisions of Section 5.08.570 of this Code." 115.40.040 MASSAGE TECHNICIANS - PERMIT REQUIRED - EXAMINATION REQUIRED - FEES. Massage Technicians shall obtain-a permit pursuant to the provisions of this Chapter and upon -1- JOA:0- 120688.CM application shall pay a one -time investigation fee of one hundred fifty dollars. In order to obtain the permit provided for herein, each massage technician must successfully pass the Los Angeles County "examination of applicants for massage technician permits" and pay to the city at the time of application for the permit provided herein, an examination fee in the amount of fifty dollars. In addition, any massage technician doing business in the city as an independent operative, shall be subject to the business license tax provided for by Section 5.08.570 of this code." SECTION 2. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional. SECTION 3. Operative Date. This ordinance shall become effective upon second reading. The City Clerk shall certify to the passage and adoption of this ordinance; shall cause the same to be entered in the book of original ordinances of said city; shall make a minute of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted; and shall within fifteen days after the passage and adoption thereof, cause the same to be published once in the E1 Segundo Herald, a weekly newspaper of general circulation, published and circulated within said City of E1 Segundo and which is hereby designated for that purpose. W PASSED, APPROVED and ADOPTED this 6t�);'d y/ f December, 1988. A- ayor of lie--City of El Segundo California y Clerk (S`EAL) -2- JOA:0- 120688.CM STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Ronald L. Hart City Clerk of the City of E1 Segundo, California, DO HEREBY CERTIFY that the whole number of members of the City Council of the said City is five; that the foregoing ordinance, being Ordinance No. 1129 is a full, true correct original of Ordinance No. 1129 of the said City of E1 Segundo, California, entitled: AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING THE EL SEGUNDO MUNICIPAL CODE BY AMENDING SECTIONS 5.40.030 AND 5.40.040 OF CHAPTER 5.40, TITLE 5 OF THAT CODE RELATING TO REGULATIONS OF MASSAGE PARLORS AND MASSAGE TECHNICIANS. which was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the 6TH day of DECEMBER 1988 and the same was so passed and adopted by the following vote: AYES: Councilmembers: Dannen, West and Mayor Jacobson NOES: Councilmember Clutter ABSENT: Councilmember: Anderson I do hereby further certify that pursuant to the provisions of Section 36933 of the Government Code of the State of California, that the foregoing Ordinance No. 1129 was duly and regularly published according to law and the order of the City Council of said City of E1 Segundo Herald, a weekly newspaper of general circulation, printed, published and circulated within said City and that the same was so published therein on the following date, to wi . 'ty Clerk of the (SEAL) City of El Segundo, California