HomeMy WebLinkAboutORD 1351 ORDINANCE NO. 1351
AN ORDINANCE OF CITY COUNCIL OF THE CITY OF
BALDWIN PARK AMENDING SECTION 153.442 OF THE
BALDWIN PARK MUNICIPAL CODE RELATING TO
MASSAGE/ACUPRESSURE USES.
WHEREAS, Section 153.442 of the Baldwin Park Municipal Code regulates
land use regulations and zoning requirements on massage/acupressure uses.
WHEREAS, Section 153.442 of the Baldwin Park Municipal Code currently
prohibits massage/acupressure establishments within all zones in the City, except for
those legal, non-conforming establishments permissible under the Code.
WHEREAS, effective January 1, 2012, section 4612 of the Business and
Professions Code requires each massage establishment or business that uses
individuals who are State-certified as a massage practitioner or massage therapists be
permitted in each zone other in which all other individuals and businesses providing
professional services are permitted.
WHEREAS, the City Council desires to amend Section 153.442 of the Baldwin
Park Municipal Code to comply with State law.
NOW, THEREFORE, the City Council of the City of Baldwin Park does hereby
ordain as follows:
SECTION 1. Section 153.442 of the Baldwin Park Municipal Code to read, in its
entirety, as follows:
§ 153.442 MASSAGE/ACUPRESSURE ESTABLISHMENTS
A. After December 1, 2010, and subject to the legal non-conforming
use provisions of this Code and to subsection B., below, any Massage or
Acupressure establishment is a prohibited land use within all zones in the City of
Baldwin Park.
B. Notwithstanding any provision of this Code to the contrary,
pursuant to and only as required by subdivision (b)(4) of Section 4612 of the
Business and Professions Code, each massage business or massage
establishment that uses only individuals who are certified pursuant to Chapter
10.5 of the Business and Professions Code (commencing with section 4600)
("State Regulations for Massage Therapists") to provide massage for
compensation shall be permitted in each zone to the same extent all other
individuals and businesses providing professional services are permitted.
Ordinance 1351 - Page 2
C. Each person operating or employed by any legal, non-conforming
Massage establishment within the City shall hold a current and valid certificate
issued pursuant to Chapter 10.5 of Division 2 of the California Business and
Professions Code (commencing with section 4600) (the "State Regulations for
Massage Therapists.
D. Any person who employs or uses, as massage practitioners, only
persons who hold a current and valid certificate issued pursuant to the State
Regulations for Massage Therapists and any person who holds, as a massage
practitioner, a current and valid certificate issued pursuant to the State
Regulations for Massage Therapists need not obtain the permit required
pursuant to Chapter 118 of this Code. All provisions of this section not in conflict
with the State Regulations for Massage Therapists shall remain in full force and
effect.
SECTION 2. This ordinance shall go into affect and be in full force and
operation from and after thirty (30) days after its final reading and adoption.
PASSED AND APPROVED ON THE nd day of Ma 2012
MANU r•ZANO, MAYOR
ATTEST: /
Al II AA% —
ALE A D" A AVILA,
CITY CLERK
Ordinance 1351 - Page 2
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss:
CITY OF BALDWIN PARK )
I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that
the foregoing ordinance was regularly introduced and placed upon its first reading at a
regular meeting of the City Council on May 2, 2012. Thereafter, said Ordinance No.
1351 was duly approved and adopted at a regular meeting of the City Council on May
16, 2012 by the following vote:
AYES: COUNCILMEMBER: Marlen Garcia, Monica Garcia, Ricardo Pacheco
Mayor Pro Tem Susan Rubio, Mayor Manuel Lozano
NOES: COUNCILMEMBER: NONE
ABSENT: COUNCILMEMBER: NONE
ABSTAIN: COUNCILMEMBER: NO /
/ r
ALEJANDRA A ILA,
CITY CLERK