ORDINANCE 1273i
ORDINANCE NO. 1273
AN ORDINANCE OFITHE CITY COUNCIL OF THE CITY OF EL
SEGUNDO, CALIFORNIA AMENDING SECTION 5.40.020 TO ADD
DEFINITIONS FOR MASSAGE AND MASSAGE ESTABLISHMENTS,
ADDING SECTION 5.40.275 TO THE EL SEGUNDO MUNICIPAL
CODE RELATING TO OFF -SITE MASSAGES AND REPEALING
SECTION 20.08.590 WHICH DEFINED MASSAGE ESTABLISHMENTS
THE CITY COUNCIL OF THE CITY OF EL SEGUNDO DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Section 5.40.20 is amended to read as follows:
115.40.020 DEFINITIONS.
For the purpose of this chapter, certain words and phrases
shall be construed herein as set forth in this section, unless it
is apparent from the context that a different meaning is
intended:
(1) "Appellant" means a person who perfects an appeal
pursuant to this chapter.
(2) "Applicant" means a person who files an application for
a new or renewal permit as provided herein.
(3) "Day" means a calendar day.
(4) "Massage" leans any method of pressure on, or friction
against, or stroking, kneading, rubbing, tapping, pounding,
vibrating or stimulating the external parts of the human body
with the hands or with the aid of any mechanical or electrical
apparatus, or other Pppliances or devices, with or without such
supplementary aids as rubbing alcohol, liniment, antiseptic, oil,
powder, cream, lotior, ointment or other similar preparations.
(5) "Massage establishment" means any establishment having
a fixed place of business where any individual, firm,
association, partnership, corporation, joint venture or
combination of individuals engaged in, conducts, carries on or
permits to be engaged in, conducted or carried on for
consideration, massages, baths or health treatments involving
massages or baths as regular functions.
(6) "Massage tE:chnician" means any person, male or female
who administers to another person, for any form of consideration,
a massage, alcohol rib, fomentation, bath, electric or magnetic
massage procedure, mi.nipulation of the body or similar procedure.
..:2:183218.1
1273
(7) "Notice" m::ans written notice, given by personal
service upon the addt:essee, or, given by United States mail,
postage prepaid, adduessed to the person to be notified at his
last known address. Service of such notice shall be effective
upon the completion ::f personal service, or upon the placing of
the same in the custDdy of the United States Postal Service.
(8) "Permittee" means any person who shall be granted a
permit as provided h= •rein, and his, her or its agents and
representatives.
(9) "Recognize:: school" means any school or institution of
learning which schoo: or institution of learning has been
approved pursuant to Section 29007.5 of the Education Code of the
state of California «nd which has for its purpose the teaching of
the theory, method, profession, or work of massage technicians,
which school or institution of learning requires a resident
course of study of not less than two hundred hours to be given in
not less than three .- alendar months before the student shall be
furnished with a diploma or certificate of graduation from such
school or institutio!• of learning showing the successful
completion of such c :=se of study or learning."
SECTION 2. Secl-ion 5.40.275 is hereby added to Chapter 5.40
of the E1 Segundo Muc•icipal Code to read as follows:
115.40.275 :,FF -SITE MASSAGES
A massage technician, with a valid permit issued pursuant to
this chapter, may only administer massages at a massage
establishment locate:: within the Urban Mixed -Use Zone which has
been issued a valid l.ermit pursuant to this chapter.
Notwithstanding any language in this chapter to the contrary, a
massage technician w;.th a valid permit issued pursuant to this
chapter may provide massages at a location other than a massage
establishment if all of the following conditions are met:
(1) The massage technician administers massages at a
business (other than a massage establishment) which has obtained
a business license pi:rsuant to Chapter 5.08.
(2) The busine: :s at which the massage is administered is
located in one of thi following zones: C -RS, C -2, C -3, CO, MU -N,
MU -S, M -1, M -2, M -M, SB, GAC: and P -F.
(3) The massagt is only administered to employees or owners
of the business.
(4) The massag(: is administered without the use of lotions,
oils or alcohol. -
X2:183218.1
-2-
1273
(5) The individual administering and receiving the massage
are fully clothed.
(6) The massage is only administered to the face, scalp,
shoulders and back of the person receiving the massage."
SECTION 3. Section 20.08.590 of the El Segundo Municipal
Code is hereby repealed.
SECTION 4. If any section, subsection, subdivision,
sentence, clause, phrase, or portion of this Ordinance, is for
any reasons 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 hereby declares that it would have
adopted this Ordinance, 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.
SECTION 5. The City Clerk shall certify to the adoption of
this Ordinance and shall post the same in the manner prescribed
by law.
PASSED, APPROVED, AND ADOPTED this 1st day of July, 1997.
e ZZxsl--,
andra Jaco Mayor
City of E1 a undo, California
ATTESTED:
ndy esen,
City Clerk (SEAL)
APPROVED AS TO FORM:
Mark Hensley,
City Attorney
':183218.1
1273
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Cindy Mortesen, 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. 1273 is a full, true correct original
of ORDINANCE NO. 1273 of the said City of El Segundo, California, entitled:
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 1st DAY OF July, 1997 , and the same was so
passed and adopted by the following vote:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL
SEGUNDO, CALIFORNIA AMENDING SECTION 5.40.020 TO ADD
DEFINITIONS FOR MASSAGE AND MASSAGE ESTABLISHMENTS,
ADDING SECTION 5.40.275 TO THE EL SEGUNDO MUNICIPAL CODE
RELATING TO OFF -SITE MASSAGES AND REPEALING SECTION
20.08.590 WHICH DEFINED MASSAGE ESTABLISHMENTS
AYES: Mayor Jacobs, Mayor ProTem Wernick, and
Councilman Gordon
NOES- Councilwoman Friedkin and Councilman Weston
ABSENT: None
ABSTAINED: None
NOT PARTICIPATING: 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. 1273
was posted and /or published in the manner prescribed by law.
CINDY ESE
City Clerk of the
City of El Segundo, California
(SEAL)
1273