ORDINANCE 1263ORDINANCE NO. 1263
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING
CHAPTER 5.40 OF THE EL SEGUNDO MUNICIPAL CODE
RELATING TO MASSAGE PARLORS
THE CITY COUNCIL OF THE CITY OF EL SEGUNDO DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. The City Council of the City of E1 Segundo does
find, determine and declare as follows:
(a) The City is authorized by virtue of the State
Constitution, and Section 51031 of the Government Code,
to regulate massage establishments by imposing
reasonable standards relative to the skill and
experience of massage operators and massage technicians
and reasonable conditions on the operation of the
massage establishment.
(b) There is a significant risk of injury to massage
clients by improperly trained and /or educated massage
technicians and this Chapter provides reasonable
safeguards against injury and economic loss.
(c) There is the opportunity for acts of prostitution and
other unlawful sexual activity to occur in massage
establishments. The establishment of reasonable
standards for issuance of permits and restrictions on
operations would serve to reduce the risk of illegal
activity and related health and safety risks.
(d) That the City Council finds there is a public urgency
and determines that this Ordinance shall be effective
immediately so that the City regulations regarding the
issuance of permits or licenses to massage
establishments and massage technicians clearly comply
with the current law and clearly enumerate the
regulations for obtaining such licenses;
(e) The public peace, safety, health and general welfare
require the adoption of this Ordinance.
SECTION 2. Section 5.40.080(3) of Chapter 5.40 of the
El Segundo Municipal Code is hereby deleted from the E1 Segundo
Municipal Code.
SECTION 3. Section 5.40.130 of Chapter 5.40 of the
El Segundo Municipal Code is hereby amended to read as follows:
"After an investigation by the Chief of Police, the
Director of Finance shall approve the application for
the massage parlor or massage technician permit or
renewal of such permit if:"
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SECTION 4. Section 5.40.130(9) is hereby added to Chapter
5.40 of the E1 Segundo Municipal Code:
(9) That the applicant, or the applicant's employees
or agents, except to the extent required, in writing,
by a state licensed medical practitioner, have not
engaged in the practice of touching or massaging
genitals, gluteal fold, or anal areas of any patron or
the breasts of any female patron.
SECTION 5. Section 5.40.130(10) is hereby added to Chapter
5.40 of the E1 Segundo Municipal Code:
(10) That the applicant, or the applicant's employees
or agents, have not engaged in the practice of exposing
genitals, gluteal fold, or anal areas and, in the case
of female employees or massage technicians, their
breasts, to any patron.
SECTION 6. Chapter 5.40.320(6) is hereby added to Chapter
5.40 of the E1 Segundo Municipal Code:
(6) That the applicant, or the applicant's employees
or agents, except to the extent required, in writing,
by a state licensed medical practitioner, have engaged
in the practice of touching or massaging genitals,
gluteal fold, or anal areas of any patron or the
breasts of any female patron.
SECTION 7. Chapter 5.40.320(7) is hereby added to Chapter
5.40 of the El Segundo Municipal Code:
(7) That the applicant, or the applicant's employees
or agents, have engaged in the practice of exposing
genitals, gluteal fold, or anal areas and, in the case
of female employees or massage technicians, their
breasts, to any patron.
SECTION 8. Section 5.40.360 of the E1 Segundo Municipal
Code is hereby added to Chapter 5.40 to read as follows:
If any section, subsection, subdivision, sentence,
clause, phrase, or portion of this Chapter 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
sections, subsections, subdivisions, sentences,
clauses, phrases or portions of this Chapter. The City
Council hereby declares that it would have adopted this
Chapter, and each section, subsection, subdivision,
sentence, clause, phrase, or portion thereof,
irrespective of the fact that any one or more sections,
subsections, subdivisions, sentences, clauses, phrases,
or portions thereof be declared invalid or
unconstitutional.
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SECTION 9. The City Council determines that the public
health, safety and welfare is protected by the immediate
imposition of clearly enumerated regulations for obtaining
massage establishment and massage technician permits because such
regulations prevent hazards to life and property associated with
unlicensed and unregulated massage services, assure the continued
attractiveness of the City and protect property values. Pursuant
to Government Code section 36937(b), this Ordinance shall become
effective immediately.
SECTION 10. The City Clerk shall certify as to the adoption
of this Ordinance and shall cause a summary thereof to be
published within fifteen (15) days of the adoption and shall post
a certified copy of this Ordinance, including the vote for and
against the same, in the Office of the City Clerk, in accordance
with Government Code Section 36933.
PASSED, APPROVED, AND ADOPTED this 7th day of January-, 1997.
Sandra Jacobs yor
City of El S do,
California
ATTESTED:
Clerk (SEAL)
APPROVED AS TO FORM:
City Attorne
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Lora Freeman, Deputy City Clerk of the City of El 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. 1263 is a full, true
correct original of ORDINANCE NO. 1263 of the said City of El Segundo, California,
entitled:
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING
CHAPTER 5.40 OF THE EL SEGUNDO MUNICIPAL CODE
RELATING TO MASSAGE PARLORS.
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 7TH DAY OF JANUARY, 1997, and the same was
so passed and adopted by the following vote:
AYES: Mayor Jacobs, Mayor ProTem Wernick, Councilwoman
Friedkin, Councilman Weston, and Councilman Gordon
NOES: None
ABSENT: None
ABSTAINED: None
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. 1263,
was posted and /or published in the manner prescribed by law.
JaR EEMAN
Deputy City Clerk of the
City of El Segundo, California
(SEAL)
1263