Ordinance No. 1234ORDINANCE NO. 1234
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
VERNON (I) AMENDING ARTICLE VI OF CHAPTER 5 OF THE
VERNON MUNICIPAL CODE BY REMOVING MASSAGE
BUSINESSES FROM THE DEFINITION OF ADULT AND
SEXUALLY ORIENTED BUSINESSES; (II) RENUMBERING
CURRENT ARTICLE VII (UTILITY USERS' TAX) OF CHAPTER
5 OF THE VERNON MUNICIPAL CODE TO ARTICLE VIII, AND
ADDING NEW ARTICLE VII OF CHAPTER 5 OF THE VERNON
MUNICIPAL CODE RELATING TO THE BUSINESS PERMIT
REGULATION OF MASSAGE BUSINESSES; (III) AMENDING
ARTICLE II OF CHAPTER 13 OF THE VERNON MUNICIPAL
CODE BY ADDING MASSAGE BUSINESSES TO THE LIST OF
THOSE BUSINESSES REQUIRED TO OBTAIN HEALTH PERMITS
PRIOR TO OPERATION; (IV) AMENDING ARTICLE II OF
CHAPTER 26 (ZONING) OF THE VERNON MUNICIPAL CODE BY
REMOVING THE DEFINITION OF "MASSAGE PARLORS"; AND
(V) RENUMBERING CURRENT ARTICLES VIII, IX AND X OF
CHAPTER 26 (ZONING) TO ARTICLES IX, X AND XI OF THE
VERNON MUNICIPAL CODE AND RENUMBERING SECTIONS
ACCORDINGLY, AND ADDING NEW ARTICLE VIII TO CHAPTER
26 (ZONING) OF THE VERNON MUNICIPAL CODE; AND
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH
WHEREAS, the City of Vernon (the "City") is a municipal
corporation and a chartered city of the State of California organized
and existing under its Charter and the Constitution of the State of
California; and
WHEREAS, California Constitution Article 11, Section 7
authorizes the City to make and enforce within its limits all local,
police, sanitary, and other ordinances and regulations not in conflict
with general laws; and
WHEREAS, the City is further authorized by California
Government Code Section 51030 et seg. to regulate massage businesses by
conditioning the issuance of licenses on satisfaction of certain
criteria, including building sanitation and operation standards for
such massage establishments and registration with the City's Police
Department; and
WHEREAS, in May 2003, the City adopted Ordinance No. 1094,
which called for regulation of, among other businesses, massage
businesses in accordance with applicable federal and state law as an
adult or sexually oriented business under Article VI of Chapter 5 and
Article VII of Chapter 26 of the Vernon Municipal Code.
WHEREAS, in September 2014, the California Legislature
enacted AB 1147, which became effective on January 1, 2015, to return
broad land use control to local government over the regulation of
massage businesses within their jurisdiction, while vesting the
exclusive control over the practice of providing massage services and
the certification of massage therapists with the California Massage
Therapy Council, a state -organized non-profit organization created to
regulate the massage industry ("CAMTC"); and
WHEREAS, AB 1147 prohibits municipalities from regulating
massage businesses as adult or sexually oriented businesses. See Govt
C. § 51034 (c) (2) .
WHEREAS, the City has determined that an ordinance is
necessary to amend various sections of the Vernon Municipal Code to
bring the Code into compliance with AB 1147, to properly regulate
massage businesses and to better protect against injury or other harm
to persons; and
WHEREAS, a duly -noticed public hearing has been held to
consider the proposed ordinance changes and public testimony has been
received and considered; and
WHEREAS, Chapter 4.1(f) and (h) of the Charter of the City of
Vernon provides that an ordinance shall amend a code or repeal any
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ordinance or code previously adopted.
THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that all of the foregoing recitals are true and
correct.
SECTION 2: AMENDMENT OF CODE. The City Council of the City
of Vernon hereby amends Article VI of Chapter 5 of the Vernon Municipal
Code by deleting Section 5.81.2(7) and the phrase "[m]assage parlors"
from the table under Section 5.92(t). Also, after Section 5.104, the
Vernon Municipal Code shall read "Secs. 5.105 and 5.106. Reserved."
SECTION 3: AMENDMENT OF CODE. The City Council of the City
of Vernon hereby amends the Vernon Municipal Code by renumbering
current Article VII (Utility Users' Tax) of Chapter 5 to Article VIII
(and leaving all section numbers intact) and adding new Article VII,
Business Permit Regulations for Massage Businesses, to Chapter 5, Business
License Taxes and Other City Taxes, to the Vernon Municipal Code as
follows:
ARTICLE VII
BUSINESS PERMIT REGULATIONS FOR MASSAGE BUSINESSES
TABLE OF CONTENTS
Section
5.107.00.
Purpose - Authority.
Section
5.107.01.
Definitions.
Section
5.107.02.
Exemptions.
Section
5.107.03.
Requirements.
Section
5.107.04.
Permit Application.
Section
5.107.05.
Permit Issuance and Registration; or Denial,
Suspension, Revocation.
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Section 5.107.06. Permit Duration and Renewal.
Section 5.107.07. Posting and Recordkeeping.
Section 5.107.08. Facility Requirements.
Section 5.107.09. Inspections; Violations and Penalties; Notice
and Appeals.
Section 5.107.10. Hours of Operation.
Section 5.107.11. Department Coordination with CAMTC.
Section 5.107.12. Property Owner Responsibility.
Section 5.107.00. Purpose - Authority.
It is the purpose and intent of this Article to provide for the
orderly regulation of massage businesses within the City, in the
interest of the public health, safety and welfare. The City wishes
both to recognize the practice of massage as a valid professional
field and to discourage prostitution and other unlawful activity which
otherwise may become associated with massage businesses.
This Article relies upon the state certification process of the
CAMTC under the Massage Therapy Act (California Business and
Professions Code sections 4600 through 4620). In addition, this
Article provides certain minimum standards for the operation of
massage businesses, their managing employees, and massage therapists.
This Article is adopted under the authority of Government Code
sections 51030 through 51034, Government Code section 37101, Business
and Professions Code section 16000, and California Constitution
Article XI, Section 7.
Section 5.107.01. Definitions.
For purposes of this Article, the following definitions apply:
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(a) "California Massage Therapy Council" or "CAMTC" means the
California Massage Therapy Council established under Business and
Professions Code section 4500.5(a).
(b) "Certified massage therapist" or "therapist" means a person
who is currently certified as a massage therapist by the CAMTC, and
who administers massage for compensation. A certified massage
therapist who is an independent contractor is one who works at a
massage establishment or has an outcall massage service, is not a
salaried employee, and does not share a percentage of therapy proceeds
with the establishment. (Included within this definition through
December 31, 2016 is a "certified massage practitioner," a person who
is currently certified as a massage practitioner by the CAMTC.)
(c) "Chief" means the City's Chief of Police or his/her
designee.
(d) "Director" means the Director of Health & Environmental
Control or the Director of Public Works, Water & Development Services
or each Director's respective designee. The Director's designees may
include the City's Code Enforcement officers.
(e) "Massage" means the application of various techniques to the
muscular structure and soft tissues of the human body for remedial,
hygienic, relaxation or any other reason or purpose. Massage
techniques may include, but are not limited to, stroking, kneading,
tapping, compression, vibration, rocking, friction, pressure and
similar techniques, with the hands or with the aid of any apparatus or
appliance, with or without supplementary aids such as rubbing alcohol,
liniment, antiseptic, oil, powders, creams, ointment or other similar
preparations commonly used in the practice. Examples of massage
include deep tissue massage, Swedish massage, Thai massage, sports
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massage, shiatsu, polarity therapy, rolfing, reiki, hellerwork and
reflexology.
(f) "Massage business" or "business" means a massage
establishment or outcall massage service.
(g) "Massage establishment" or "establishment" means a fixed
location where (only) state -certified therapists practice massage for
compensation.
(h) "Outcall massage service" or "service" means a business that
provides massage by certified massage therapists at a location that is
mutually agreed upon by the client and the therapist and that is not a
massage establishment.
(i) "Operator" means all persons who have an ownership interest
in the massage business and are responsible for its day-to-day
operations.
(j) "Owner" means any of the following persons:
(1) The sole proprietor of a sole proprietorship operating
a massage business.
(2) Any general partner of a general or limited partnership
that owns a massage business.
(3) Any person who has a 100-o or greater ownership interest
in a corporation that owns a massage business.
(4) Any person who is a member of a limited liability
company that owns a massage business.
(5) All owners of any other type of business association
that owns a massage business.
(k) "Person" means any individual, or corporation, partnership,
association or other group or combination of same acting as an entity.
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(1) "Specified anatomical areas" means pubic region, human
genitals, perineum, anal region and the area of the female breast that
includes the areola and the nipple.
Section 5.107.02. Exemptions.
(a) This Article shall not apply to the following classes of
persons while engaged in the performance of the duties of their
respective professions:
(1) Physicians, surgeons, chiropractors, osteopaths,
podiatrists, physical therapists, nurses, or any other
person licensed to practice any healing art under the
provisions of Division 2 (commencing with Section 500)
of the Business and Professions Code when engaging in
such practice within the scope of his or her license;
(2) Trainers of any amateur, semi-professional, or
professional athlete or athletic team, so long as such
persons do not practice massage therapy as their primary
occupation at any location where they provide such
services in the City;
(3) Barbers, hair stylists, manicurists, estheticians and
cosmetologists who are duly licensed under the laws of
the state of California, while engaging in practices
within the scope of their licenses;
(4) Individuals in the City temporarily for educational
events or disaster relief;
(5) Individuals administering massages or health treatments
involving massage to persons participating in road
races, track meets, triathlons, educational events,
conferences or similar single -occurrence athletic,
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recreational, or educational events so long as approved
by the event sponsors and provided only at the site of
the event;
(6) Somatic practitioners who use no physical touch of any
kind at any time in their practice; and
(7) Enrolled students of a school of massage when they are
performing massage within the City as part of a formal
supervised internship or training program operated by
the school, without compensation other than school
credit.
(b) The following shall not be considered massage establishments
under this Article:
(1) Hospitals, nursing homes, sanitariums, physiotherapy
establishments, offices of licensed medical
professionals, other state -licensed physical or mental
health facilities;
(2) Barber shops, hair salons, nail salons, and similar
beauty/grooming establishments, when the giving of
massage is an incidental function of the business and
constitutes 1096 or less of the business' gross revenue;
(3) Personal fitness training centers, gymnasiums, athletic
facilities or health clubs, when the giving of massage
is an incidental function of the business and
constitutes 100W or less of the business' gross revenue.
Section 5.107.03. Requirements.
(a) Massage business. No person may own or operate a massage
business in the City unless:
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(1) Each employee or independent contractor administering
massage for such business is a certified massage
therapist;
(2) The owner or operator has obtained a health permit
pursuant to Article II of Chapter 13 of the Vernon
Municipal Code;
(3) The owner or operator has obtained a business license
pursuant to Section 5.22 of the Vernon Municipal Code;
and
(4) The owner or operator has obtained a business permit
from the City and has a current registration on file at
the Police Department, pursuant to Sections 5.107.04
[Permit Application] and 5.107.05 [Permit Issuance and
Registration or Denial] below.
(b) Massage therapist. No person may practice massage in the
City who is not a certified massage therapist. A certified
massage therapist seeking to work in the City must either
be.
(1) an employee or independent contractor at a City -
permitted and registered massage establishment; or
(2) an employee or independent contractor of a registered
outcall massage service.
Section 5.107.04. Permit Application.
(a) Any person desiring a massage business permit (including a
renewal of an existing permit) shall file a written
application on the required form with the Police Department,
accompanied by the appropriate filing fee established by
resolution of the City Council.
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(b) The application shall be completed and signed by the owner
or operator of the proposed massage business. The permit
application does not authorize operation of a massage
business unless and until such permit has been properly
granted pursuant to this Article.
(c) The application shall contain or be accompanied by the
following information (as applicable):
(1) name under which the massage business is to be
conducted;
(2) street address, mailing address, website domain name,
e-mail address and telephone number of the massage
business;
(3) hours of operation of the massage business;
(4) name, home address, e-mail address and telephone number
of each owner and operator. (If the applicant is a
corporation, the name of the corporation shall be set
forth as shown in its articles of incorporation or
charter, together with the State and date of
incorporation and the name, home address, and telephone
number of each of the officers and directors of the
corporation. If the applicant is a partnership, the
name, home address, and telephone number of each of the
partners. If the applicant is a limited partnership or
limited liability company, it shall furnish a copy of
its certificate of limited partnership or limited
liability company as filed with the Secretary of
State.);
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(5) acceptable proof that the operator is at least 18 years
of age;
(6) gender, height, weight, and color of hair and eyes of
operator;
(7) two (2) 2" x 2" (i.e., passport -size) front -facing
portrait photographs of operator;
(8) complete set of operator's fingerprints taken by the
Police Department;
(9) name, home address of each employee or independent
contractor who will offer massage at (or through) the
business;
(10) copy of state certification issued by CAMTC of each
therapist proposed to perform or administer massage for
the business;
(11) for massage establishments, full size site plan drawn
to scale showing the building, parking and access, as
well as floor plan showing the square footage of the
building area or tenant space. The areas on the floor
plan shall be drawn to scale and properly labeled with
the accurate square footage (example: reception area,
massage treatment rooms, bathroom, utility room, etc.).
An operator of a massage establishment shall also
comply with the City's building permit and zoning
requirements as provided in Chapters 24 and 26,
respectively, of the Vernon Municipal Code ("VMC"), as
no massage establishment permit will be issued unless
and until such requirements are satisfied and any
needed building permits have been issued and final
approval obtained;
(12) for massage establishments, the name and address of the
owner and lessor of the real property upon or in which
the massage business is to be conducted. Where the
applicant is not the legal owner of the property, the
application must be accompanied by a fully executed
copy of the lease and a notarized acknowledgement by
the owner of the property that a massage establishment
will be located on his or her property;
(13) complete massage permit history of the operator,
whether such person has ever had any permit or license
issued by any agency, board, city, county, territory or
state; the date of issuance of such a permit or
license, whether the permit or license was denied,
revoked or suspended; and the reason therefor;
(14) all criminal convictions, including pleas of nolo
contendere, within the last ten years, including those
dismissed or expunged pursuant to Penal Code § 1203.4,
but excluding minor traffic violations, and the date
and place of each such conviction and reason therefor;
(15) such other identification and information as the Chief
of Police may require in order to discover the truth of
the matters herein specified and as required to be set
forth in the application;
(16) a statement in writing and dated by the applicant that
he or she certifies under penalty of perjury that all
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information contained in the application is true and
correct; and
(17) statements in writing and dated by the operator(s)
certifying under penalty of perjury that they:
a) have received a copy of this Article;
b) understand its contents; and
c) understand the duties of an operator, as provided
in this Article.
(d) The business shall notify the Police Department in writing
within fifteen (15) days of any change in the information
provided.
Section 5.107.05. Permit Issuance and Registration; or Denial,
Suspension, Revocation.
(a) Upon receipt of a written application for a massage business
permit, the Chief and the Director shall conduct an
investigation to ascertain whether such permit should be
issued. The Chief, after consultation with the Director,
shall approve, conditionally approve or deny the application
within sixty (60) days of submission of the application. The
60-day period may be extended by the Chief for up to 30
additional days, if necessary, to complete the
investigation. The Chief shall issue such permit, unless he
or she makes any of the following findings:
(1) The operator, if an individual, or any of the officers
or directors of the corporation, if the operator is a
corporation; or a partner, if the operator is a
partnership, or any person directly engaged or employed
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in the massage business, has within eight years
preceding the date of the application:
(A) Been convicted of a violation of California Penal
Code §§ 266b, 266i, 314, 315, 316, 318, 647(a) or
(b) or any equivalent federal law or law of
another state or any other provision of law
pursuant to which a person is required to register
under the provisions of Penal Code § 290 or when
the prosecution accepted a plea of guilty or nolo
contendre to a charge of a violation of any of the
aforementioned laws or any lesser included or
lesser related offense in satisfaction of, or as a
substitute of, any of the previously listed
crimes;
(B) Been convicted of a violation of Health and Safety
Code § 11550 or any offense involving the illegal
sale, distribution or possession of a controlled
substance specified in Health and Safety Code §§
11054, 11055, 11056, 11057 or 11058;
(C) Had a license or permit to operate a massage
business or provide massage services denied,
suspended or revoked for cause by a licensing
authority, including the CAMTC, or by any city,
county or state;
(2) The applicant has made a knowingly false, misleading or
fraudulent statement or omission of fact to the City in
the permit application process;
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(3) The application does not contain all of the information
required by § 5.107.04 [Permit Application];
(4) The massage business, as proposed by the applicant,
does not comply with all applicable laws, including,
but not limited to, health, zoning, fire and safety
requirements and standards;
(5) The applicant has not satisfied the requirements of
this Article in the time specified;
(6) The operator does not possess a valid business license
issued pursuant to this Code.
(b) If the application is denied, the City will issue a Notice
of Denial, which shall state (i) the reasons for such
denial, (ii) the effective date of the decision, (iii) the
procedures (adopting VMC section 1.8-1(c)) to request a
hearing and appeal the decision, and (iv) that the decision
will be final if no appeal is filed within the time
permitted.
(c) If the application is denied for failure to comply with
subsection (a)(2) above, the operator may not reapply for a
period of six (6) months from the date the application was
denied.
(d) If the application is granted and permit is issued, the
massage business will automatically be registered with the
Police Department, and the Police Department shall issue the
business a city registration certificate, valid for one (1)
year. Massage businesses must renew their registration with
the Police Department annually. There shall be no separate
charge for this registration and renewal.
(e) The registration is not transferable to another owner,
operator, manager, service, or therapist; any such change
requires re -registration.
(f) The Chief may revoke a permit if he or she makes any of the
findings for denial of a permit in subsection (a) above, if
the operator or any person employed by the business has
violated any provision of this Article, or upon a
demonstrated inability to operate or manage the massage
business in a law abiding manner. In such an event, the City
will first issue a Notice of Intent to Revoke Permit, which
will contain substantially the same information as set forth
in subsection (b) above.
(g) The Chief may suspend a permit for a period thirty (30) days
for each violation of subsection (a) above. In such an
event, the City will first issue a Notice of Intent to
Suspend Permit, which will contain substantially the same
information as set forth in subsection (b) above.
Section 5.107.06. Permit Duration and Renewal.
(a) The duration of any massage business permit issued shall be
one (1) year.
(b) Applications to renew a permit shall be filed with the Chief
before the expiration of the existing permit along with the
filing fee established by the City Council. Renewal
applications must be filed no later than sixty (60) days
prior to the expiration of the permit to prevent a lapse of
the permit.
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(c) Renewal applications shall require such information as may be
required by the Chief to update the information contained in
the original permit application.
(d) The lapsing or suspension of any permits issued hereunder,
whether by operation of law or by order or decision, or the
voluntary surrender of a permit by an operator, shall not
deprive the City of the ability to proceed with any
investigation of or action or disciplinary proceeding against
such permit or operator, or to render a decision suspending
or revoking such a permit.
(e) The Chief may, in his or her sole discretion, conduct a
follow-up investigation similar to the initial investigation
described in section 5.107.05(a) as a condition precedent to
approving an application for permit renewal. The Chief will
notify the applicant of the initiation of such an
investigation within ten (10) business days of applicant's
submission of its renewal application.
(f) The Chief may refuse to renew a permit if he or she makes any
of the findings for denial of a permit in section 5.107.05(a)
above, if the operator or any person employed by the business
has violated any provision of this Article, or upon a
demonstrated inability to operate or manage the massage
business in a law abiding manner. In such an event, the City
will first issue a Notice of Intent to Refuse to Renew
Permit, which will contain substantially the same information
as set forth in section 5.107.05(b) above.
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Section 5.107.07. Posting and Recordkeeping.
(a) The operator of a massage establishment shall post in a
conspicuous place within the massage establishment a copy of
the Police Department -issued registration certificate and
the CAMTC state certification of each massage therapist
working at or through the establishment. Therapists
performing outcall massage services shall carry with them to
any location where massage is performed a copy of their
Police Department -issued registration certificate and CAMTC
state certification and present it to the client or the City
upon request.
(b) All massage businesses shall maintain a daily register of
each client's name, the assigned room (or location of
outcall massage service), the massage therapist who treated
the client, a description of service(s) performed and the
time of the appointment. The daily register shall be
completed by the close of business every day and shall be
retained for at least one year.
(c) The register shall be considered confidential, not for
public review, and may be inspected by the City only as part
of a criminal investigation or to ensure and enforce
compliance with this Article and any other applicable state
or federal laws, subject to the administrative enforcement
procedures set forth in Section 1.8-1 et seq. of this Code.
Failure to make records available for City inspection, after
precompliance review is determined in favor of the City,
shall be a misdemeanor punishable pursuant to Section 1.8(a)
of this Code.
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Section 5.107.08. Facility Requirements.
The operator of a massage establishment shall maintain and operate
the establishment in a safe and sanitary manner, and shall comply with
all applicable land use, building, fire, safety, health, electrical,
plumbing, mechanical, heating and ventilating, sanitation, and other
laws applicable to the premises. In addition, the massage establishment
shall meet the following requirements:
(a) A recognizable and legible sign, in compliance with all city
and county ordinances, shall be posted at the main entrance identifying
the premises as a massage establishment.
(b) A light level of no less than five (5)-foot candles at any
point within the room shall be maintained in each room or enclosure
where massage services are performed on patrons.
(c) A separate room or dressing locker facilities for each
client. Dressing and undressing may occur in the same room as massage
therapy if the client is alone in the room with the door(s) closed and
opaque coverings are present on any windows while undressing or
dressing. The massage therapist or other clients may not be present in
the same room when the client is undressing;
(d) Any dressing, locker and toilet facilities that are provided
shall meet these requirements:
(1) In steam rooms and rooms containing tubs or showers, a
waterproof floor covering shall be provided which
extends up the walls at least six inches and shall be
coved at the floor -wall juncture with at least a 3/8
inch radius. Toilet rooms shall be of similar
construction.
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(2) Walls of toilet and bathing facilities shall be smooth,
waterproof and kept in good repair.
(e) Cabinets shall be provided for the storage of clean linen.
Approved containers shall be provided for the storage of all soiled
linen.
(f) Minimum ventilation shall be provided in accordance with
Article II of Chapter 24 of the Vernon Municipal Code. To allow for
adequate ventilation in cubicles, rooms and areas provided for patron's
use, which are not serviced directly by required window or mechanical
systems of ventilation, partitions shall be constructed so that the
height of partitions does not exceed seventy-five percent (75%) of the
floor -to -ceiling height of the area in which they are located.
(g) All plumbing and electrical installations shall be installed
under permit and inspected by the Department of Public Works, Water &
Development Services and such installations shall be installed in
accordance with the Uniform Building Code and the Uniform Plumbing
Code.
(h) All walls, ceilings, floors, pools, showers, bathtubs, steam
rooms, and all other physical facilities for the establishment must be
in good repair and maintained in a clean and sanitary condition. Wet
and dry heat rooms, steam or vapor rooms, or steam or vapor cabinets,
shower compartments, and toilet rooms, shall be thoroughly cleaned and
disinfected each day the business is in operation. Bathtubs shall be
thoroughly cleaned and disinfected after each use.
(i) Towels, linens, and sheets of all types and items for
personal use of operators and patrons shall be clean and freshly
laundered. Towels, linens, and sheets shall not be washed after each
and every use. Reuse of such linen is prohibited unless the same has
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been first laundered. Common use of towels or linens is prohibited.
Heavy white paper may be substituted for sheets provided that such
paper is used once for each person and then discarded into a sanitary
receptacle.
(j) All lavatories or wash basins shall be provided with hot and
cold running water, liquid (not bar) soap and single -service disposable
towels in wall -mounted dispensers.
(k) Disinfecting agents and sterilizing equipment shall be
provided for any instruments used in performing acts of massage.
(1) Pads used on massage tables shall be covered in a workmanlike
manner with durable washable plastic or other acceptable waterproof
material.
(m) No exterior entrance to the massage establishment which is
regularly used by the public for ingress or egress to such
establishment shall be locked during business hours, unless all clients
and staff are behind closed doors and no staff are available to assure
security for those clients and staff.
(n) A list of services available and the cost of such services
shall be posted in an open and conspicuous public place on the
premises. The services shall be described in readily understandable
language. No owner or operator of the massage establishment, shall
permit, and no massage therapist shall offer to perform any services
other than those posted.
(o) With the exception of bathrooms, showers and dressing rooms,
no owner or operator of any massage establishment shall permit any
person in any area within the massage establishment which is used by
the patrons or which can be viewed by patrons from such an area, unless
the person's specified anatomical areas are fully covered.
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(p) No massage establishment or part thereof where massage or
massage services are being conducted shall be equipped with any
electronic, mechanical or artificial device used, or capable of being
used, for recording or videotaping, for monitoring the activities,
conversation, or other sounds in the treatment room or room used by
customers.
(q) A person shall not enter, be or remain in any part of a
massage establishment or premises licensed as such while in the
possession of, consuming or under the influence of any alcoholic
beverage or controlled substance. No owner or operator shall permit any
such person to enter or remain upon the premises of a massage
establishment.
(r) No massage or massage services may be administered unless the
customer's specified anatomical areas are clothed. If the customer is
female, the breasts need not be clothed but must be covered by a towel
when the customer is lying on her back.
(s) No owner or operator of a massage establishment shall during
the course of any service or task associated with the operation of a
massage business permit any person to massage or intentionally touch
the specified anatomical areas of another person either under or over
the clothing or towel.
(t) No owner or operator of a massage establishment shall permit
any massage therapist to be on the premises of a massage establishment
during its hours of operation while performing or available to perform
any task or service associated with the operation of a massage
business, unless the massage therapist is fully covered from a point no
more than five (5) inches above the knees to the base of the neck,
excluding the arms. The covering, which includes trousers, pants or
- 22 -
shorts, will be of a non -transparent material and will be maintained in
a clean and sanitary condition.
(u) No owner or operator of a massage establishment shall permit
any animals or pets on the premises, except for service animals as
defined by the Americans with Disabilities Act.
(v) A current list of the individuals providing massage services
in the massage establishment, and evidence of the organization -issued
certificates or transitional massage technician licenses held by those
individuals shall be maintained at the massage establishment at all
times and shall be made immediately available to the Chief for
inspection upon request.
(w) For a massage establishment in which the therapist is an
employee, all massage services shall be paid for in the reception area,
and all tips, if any, shall be paid in the reception area. For a
massage establishment at which a therapist is an independent contractor
or for outcall massage services, all massage services and all tips, if
any, may be paid in the same room where the massage occurred. A massage
establishment located in a home is exempt from this subsection.
Section 5.107.09. Inspections; Violations and Penalties; Notice
and Appeals.
(a) The Chief may inspect the premises of a massage establishment
at the time of registration, and may make periodic,
reasonable inspections of the establishment during normal
business hours to assure compliance with CAMTC requirements,
this Article (including record -keeping as required by Section
5.107.07) and applicable fire, health and safety
requirements. If any violations are found, the Chief may
determine that a permit should be suspended, revoked or not
- 23 -
renewed, in which case, the Chief shall provide notice
pursuant to Sections 5.107.05(f) or (g) or 5.107.06(f), as
appropriate.
(b) In addition to the administrative enforcement procedures and
remedies available to the Chief under section 1.8 of the
Vernon Municipal Code ("VMC"), prior to providing notice as
described in subsection (a) above, the Chief may give the
business ten (10) days to correct the violation(s), or, if
the violation(s) presents an immediate danger to public
health or safety, close the establishment until the
violation(s) is corrected.
(c) Any person aggrieved by a decision of the Chief with
reference to the denial, suspension, revocation or refusal to
renew a permit may appeal pursuant to VMC section 1.8-1(c).
Section 5.107.10. Hours of Operation.
No massage establishment and no massage therapist may provide
massage service between the hours of 10:00 p.m. and 7:00 a.m. Clients
and visitors shall be excluded from a massage establishment during
those hours.
Section 5.107.11. Department Coordination with CAMTC.
The Chief shall designate a person in the Police Department or
Code Enforcement Division to coordinate with CAMTC, including
maintaining a list of certified therapists practicing in the City,
maintaining a list of massage businesses operating in the City,
receiving notices and information from CAMTC, and notifying CAMTC of
any arrest or conviction of Penal Code section 647 or other act
punishable as a sexually related crime.
- 24 -
Section 5.107.12. Property Owner Responsibility.
Any place where lewdness, assignation or prostitution occurs is a
public nuisance which may be abated and permanently enjoined, and for
which the City may recover damages from the property owner, as well as
from the person conducting or maintaining the nuisance. (Penal Code §§
11225 and 11226).
Section 5.108 and 5.109. Reserved.
SECTION 4: AMENDMENT OF CODE. The City Council of the City
of Vernon hereby amends Article II of Chapter 13 of the Vernon
Municipal Code by (i) adding "Massage business means a business as
defined in Section 5.107.01" to Section 13.6; and (ii) renumbering
Sections 13.7(k)-(aa) to Sections 13.7(1)-(bb) and adding new Section
13.7(k) "Massage business".
SECTION 5: AMENDMENT OF CODE. The City Council of the City
of Vernon hereby amends Chapter 26 of the Vernon Municipal Code by
removing "Massage Parlor" and its definition from Section 26.2.9.
SECTION 6: AMENDMENT OF CODE. The City Council of the City
of Vernon hereby amends Chapter 26 of the Vernon Municipal Code by
renumbering current Articles VIII, IX, and X to Articles IX, X and XI
(and renumbering section numbers accordingly - e.g., Zoning
Regulations for Off -Site Outdoor Advertising Structures shall be
renumbered as new Article IX, and the section numbers shall be
renumbered Sec. 26.9.1, 26.9.2 and 26.9.3), and adding new Article
VIII, Zoning Regulations for Massage Businesses, to Chapter 26, Zoning, to
the Vernon Municipal Code as follows:
ARTICLE VIII
ZONING REGULATIONS FOR MASSAGE BUSINESSES
Section 26.8.1. Purpose.
- 25 -
It is the intent of this Article to prevent the proliferation of
massage businesses in the City and to otherwise regulate the number and
location of such businesses, such that the public health and welfare
are preserved and promoted.
Section 26.8.2. Definitions.
As used herein, the terms and phrases shall have the same meaning
as defined in Chapter 5 Business License Taxes and Other City Taxes,
Article VII, Business Permit Regulations for Massage Businesses,
Section 5.107.01, "Definitions," et seq.; provided, however, that for
purposes of zoning, massage businesses shall be deemed a "commercial or
retail use." In addition, as used herein, the terms and phrases shall
have the same meaning as defined in Chapter 5 Business License Taxes
and Other City Taxes, Article VI Business Permit Regulations for Adult
or Sexually Oriented Businesses or Similar Businesses, Section 5.81,
"Definitions," et seq. of this Code.
Section 26.8.3. Location Requirements.
Section 26.8.3-1. Zone. Massage businesses shall be permitted in
the C-2 Overlay Zone.
Section 26.8.3-2. Required Distance. No massage business shall be
opened as a new business, converted from an existing business,
established, located, expanded, or operated within certain distances
of certain specified land uses as set forth below:
(a) No massage business shall be established on a Lot
located within seven hundred fifty (750) feet of any other Lot
containing another massage business or an Adult or Sexually Oriented
Business, whether such other Lot is located inside or outside the City
limits. The required minimum distance between any two massage
businesses or between a massage business and an Adult or Sexually
- 26 -
Oriented Business shall be measured along the Street, whether public
or private, from the nearest side or rear Lot lines of the Lots upon
which such uses are located.
(b) No person shall cause or permit the establishment or
maintenance of more than one massage business or a massage business
and an Adult or Sexually Oriented Business on the same Property.
(c) No such business shall be established or located within
seven hundred fifty (750) feet of any Residence, public park,
recreational area, public building, Religious Use, school, boys, club,
girls, club, or similar existing youth organization, Bar, pool hall,
or liquor store, whether such other use is located inside or outside
the City limits. The required minimum distance between a massage
business and such other specified uses shall be measured along the
Street, whether public or private, from the nearest side or rear Lot
lines, of the Lots upon which such uses are located.
SECTION 7: CEQA FINDING. The City Council of the City of
Vernon finds that this Ordinance is exempt from CEQA review under CEQA
Guidelines section 15061(b)(3), the general rule that CEQA only
applies to projects which have the potential for causing a significant
effect on the environment. Because the adoption of this ordinance does
not authorize the establishment of any new massage businesses nor the
construction of any new structures or other physical changes in the
environment, it will not result in a direct or reasonably foreseeable
indirect physical change in the environment. See CEQA Guidelines
section 15060(c)(2).
SECTION 8: Any ordinance or parts of ordinances in conflict
with this Ordinance are hereby repealed.
- 27 -
SECTION 9: Severability. If any chapter, article, section,
subsection, subdivision, paragraph, sentence, clause, phrase, or word
in this Ordinance or any part thereof is for any reason held to be
unconstitutional or invalid or ineffective by any court of competent
jurisdiction, such decision shall not affect the validity or
effectiveness of the remaining portions of this Ordinance or any part
thereof. The City Council hereby declares that it would have adopted
this Ordinance and each chapter, article, section, subsection,
subdivision, paragraph, sentence, clause or phrase thereof,
irrespective of the fact that any one or more chapters, articles,
sections, subsections, subdivisions, paragraphs, sentences, clauses,
phrases or words be declared unconstitutional, or invalid, or
ineffective.
SECTION 10: Book of Ordinances. The City Clerk, or Deputy
City Clerk, shall attest and certify to the adoption of this Ordinance
and shall cause this Ordinance and the City Clerk's, or Deputy City
Clerk's, certification to be entered in the Book of Ordinances of the
Council of this City. The City Clerk, or Deputy City Clerk, shall
cause this ordinance to be published or posted as required by law.
- 28 -
SECTION 11:
Effective Date. This Ordinance shall go into
effect and be in full force and effect at 12:01 a.m. on the thirty-
first (31st) day after its passage.
APPROVED AND ADOPTED this 5th day of January, 2016.
ATTEST:
Mar a E . 4ala
City Clerk / D?�it-d�-C"iy rl�Yl_
APPROVED AS TO FORM:
Q4�" (��
Brian Byun, Deputy ty Attorney
- 29 -
'4w0eIR4'0 ofk-
Name: W• Michael McCormick
Title: Mayor / -
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, Maria E. Ayala-, City Clerk / Deputy ^ity Clerk of the City
of Vernon, do hereby certify that the foregoing Ordinance, being
Ordinance No. 1234 was duly and regularly introduced at a regular
meeting of the City Council of the City of Vernon, held in the City of
Vernon on Tuesday, December 15, 2015, and thereafter adopted at a
meeting of said City Council held on Tuesday, January 5, 2016, by the
following vote:
AYES: Councilmembers: Mayor McCormick, Mayor
Pro-Tem Davis, Martinez,
Woodruff -Perez, Ybarra
NOES: Councilmembers: None
ABSENT: Councilmembers: None
And thereafter was duly signed by the Mayor or Mayor Pro-Tem of
the City of Vernon.
Executed this Jt day of January , 2016, at Vernon,
California.
(SEAL)
Ma is E. 441a
City Clerk / Deputy Git Gler_=
- 30 -
TRANSMITTAL COMMUNICATION
CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: January 11, 2016
TO: Sergio Canales, Assistant Planner
FROM: Deborah Juarez, Records Management Assistant
'4
RE: Ordinance No. 1234 — An Ordinance of the City Council of the City of Vernon Amending
Article VI of Chapter of the Vernon Municipal Code Relating to Massage Businesses
Please find attached one copy of Ordinance No. 1234 referenced above, which was approved by City
Council on January 5, 2016.
Thank you.
Attachment
c: Ordinance No. 1234
STAFF REPORT
RECEIVED
DEC 0 7 2015
CITY ADMINISTRATION
STAFF REPORT s
PUBLIC WORKS, WATER & DEVELOPMENT SERVICE
DEPARTMENT
DATE: December 15, 2015
TO: Honorable Mayor and City Council
FROM: Samuel Kevin Wilson, Director of Public Works, Water and
Development Services Department
RE: Approval of an Ordinance Establishing Regulations for Massage
Businesses
RECOMMENDATION
A. Adopt an ordinance 1) Amending Article VI of Chapter 5 of the Vernon Municipal Code
by removing Massage Businesses from the definition of Adult and Sexually Oriented; 2)
Renumbering current Article VII (Utility Users' Tax) of Chapter 5 of the Vernon
Municipal Code to Article VIII and adding a new Article VII of Chapter 5 of the Vernon
Municipal Code relating to the Business Permit Regulation of Massage Businesses; 3)
Amending Article II of Chapter 13 of the Vernon Municipal Code by adding Massage
Businesses to the list of those Businesses required to obtain a Health Permit prior to
operation; 4) Amending Article II of Chapter 26 (Zoning) of the Vernon Municipal Code
by removing the definition of "Massage Parlors"; and 5) Renumbering current Articles
VIII, IX and X of Chapter 26 (ZONING) to Articles IX, X AND XI of the Vernon
Municipal Code and renumbering sections accordingly, and adding new article VIII to
Chapter 26 (Zoning) of the Vernon Municipal Code.
B. Find that this Ordinance is not a "project" as defined under the California Environmental
Quality Act (CEQA) Guidelines, section 15378, because it will not result in either a
direct physical change in the environment or a reasonably foreseeable indirect physical
change in the environment. This Ordinance is general policy and procedure making that
is explicitly exempt from the definition of "project" under CEQA Guidelines section
15378(b)(2). Even assuming the Ordinance were a "project" under CEQA, however, it
would still be exempt from CEQA review under CEQA Guidelines section 15061(b)(3),
the general rule that CEQA only applies to projects which have the potential for causing a
significant effect on the environment, and, as stated above, it can be seen with certainty
that there is no possibility that the Ordinance in question may have a significant effect on
the environment.
BACKGROUND
In May 2003, the City adopted Ordinance No. 1094, which established regulations for Adult or
Sexually Oriented Businesses. Included within the definition of Adult or Sexually Oriented
business was massage parlors. In September 2014, the California Legislature enacted AB 1147,
which became effective on January 1, 2015, to return broad land use control to local government
over the regulation of massage businesses within their jurisdiction, while vesting the exclusive
control over the practice of providing massage services and the certification of massage
therapists with the California Massage Therapy Council, a state -organized non-profit
organization created to regulate the massage industry ("CAMTC"). However, AB 1147 prohibits
municipalities from regulating massage businesses as adult or sexually oriented businesses.
Therefore City Staff is recommending that various modifications be made to the City Code to
ensure that its regulations on Massage Businesses conform to State Law.
California Government Code Section 51030 et seg. permits cities the authority to regulate
massage businesses by conditioning the issuance of licenses on satisfaction of certain criteria,
including building sanitation and operation standards for such massage establishments and
registration with the City's Police Department.
Therefore City staff is recommending that:
1) Article VI of Chapter 5 of the Vernon Municipal Code be amended by deleting Section
5.81.2(7) and the phrase "[m]assage parlors" from the table under Section 5.92(t),
2) Current Article VII of Chapter 5 of the Vernon Municipal Code be renumbered to Article
VIII without any other further modifications,
3) A new Article VII, Business Permit Regulations for Massage Businesses, be added to
Chapter 5 of the City Code,
4) Amending Article lI of Chapter 13 of the Vernon Municipal Code by adding Massage
Businesses to the list of those Businesses required to obtain a Health Permit prior to
operation,
5) Amending Article lI of Chapter 26 (Zoning) of the Vernon Municipal Code by removing
the definition of "Massage Parlors",
6) Current Articles VIII, IX and X of Chapter 26 (Zoning) be renumbered to Articles IX, X
and XI and renumber sections accordingly and
7) Article VIII, Zoning Regulations for Massage Businesses, be added to Chapter 26.
The ordinance contains the specific language that is proposed to be added to the code. In
summary the new code provisions will set forth the following:
Business Permit regulations will include:
• Purpose and Authority of the code provisions for massage businesses
• Definitions
• Any exemptions to the regulations
• Permit application requirements
• Permit issuance and registration
• Denial, Suspension, Revocation of a permit
• Permit duration
2
• Posting of permit and record keeping
• Facility requirements
• Inspections, violations and penalties
• Hours of operation
• Coordination with CAMTC
• Property owner responsibility
The proposed change to the Health and Sanitation regulations will add Massage Businesses to
the list of businesses that are required to obtain a Health Permit.
The proposed zoning regulations will include:
• Purpose for the code regulations for massage businesses
• Changes to the definitions for a massage parlor/massage business
• Sets forth a distance requirement between massage business establishments, public
facilities and other sensitive uses
FISCAL IMPACT
No fiscal impacts are anticipated from the adoption of the ordinance. The City currently has
regulations on massage businesses, these new regulations are very similar in nature, but do not
conform with State Law. This ordinance will amend the code to establish regulations that are
fully enforceable.
Attachment(s): Notice of Public Hearing
Affidavit of Mailing
City of Vernon
NOTICE OF PUBLIC HEARING
4305 Santa Fe Avenue
Vernon, CA 90058
(323) 583-8811
ADOPTION OF AMENDMENTS TO THE CITY OF VERNON'S CODE AND ZONING
ORDINANCE
NOTICE IS HEREBY GIVEN that the City of Vernon City Council will hold a Public Hearing at
9:00 A.M. on Tuesday, December 15, 2015, at City Hall in the City Council Chambers, 4305 Santa Fe
Avenue, Vernon, California. The purpose of the hearing is to consider the following amendments:
1) Article VI of Chapter 5 of the Vernon Municipal Code be amended by deleting Section
5.81.2(7) and the phrase "[m]assage parlors" from the table under Section 5.92(t),
2) Current Article VII of Chapter 5 of the Vernon Municipal Code be renumbered to Article
VIII without any other further modifications,
3) A new Article VII, Business Permit Regulations for Massage Businesses, be added to
Chapter 5 of the City Code,
4) Amending Article II of Chapter 13 of the Vernon Municipal Code by adding Massage
Businesses to the list of those Businesses required to obtain a Health Permit prior to
operation,
5) Amending Article II of Chapter 26 (Zoning) of the Vernon Municipal Code by removing
the definition of "Massage Parlors",
6) Current Articles VIII, IX and X of Chapter 26 (Zoning) be renumbered to Articles IX, X
and XI and renumber sections accordingly and
7) Article VIII, Zoning Regulations for Massage Businesses, be added to Chapter 26.
NOTICE IS HEREBY FURTHER GIVEN that a copy of the proposed ordinance will be available
for public review during normal business hours in the Vernon Public Works, Water & Development
Services Department, located at 4305 Santa Fe Avenue, Vernon, CA 90058, from
ALL INTERESTED AND/OR AFFECTED PARTIES are invited to submit written comments in
favor of, or in opposition to, this matter prior to the time of the hearing, or be heard in support of, or
opposition to, the proposed project at the time of the hearing.
If you challenge the adoption of the ordinance amending the Comprehensive Zoning Ordinance, you
may be limited to raising only those issues you or someone else raised at the hearing described in this
notice or in written correspondence delivered to the City of Vernon at, or prior to, the meeting.
For questions regarding this public hearing item please contact Kevin Wilson, Director of Public
Works, Water & Development Services at (323) 583-8811, or kwilson(a,ci.vernon.ca.us.
The hearing may be continued or adjourned or cancelled and rescheduled to a stated time and place
without further notice of a public hearing.
Date: 1 201 � , � ---�
aria Ayal4,ity- Clerk
AFFIDAVIT OF MAILING
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF VERNON )
I, Sergio Canales Assistant Planner of the City of Vernon, do hereby certify that on Monday,
December 1, 2015, mailed a copy of Notice of Public Hearing to be held on December 15, 2015,
regarding an Adoption of Amendments of the City of Vernon's Code and Zoning Ordinance, to
the interested parties and agencies on the attached list, by United States it with )ostage.
Date:
Sergio CYnales, Assistant Planner
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of the document.
State of California )
) ss
County of Los Angeles )
On C Ct6 l �Ci' 1 t 1 before me, /yl GCl /O J�u� / % , notary
public, personally appeared Sergio Canales who proved to me on the b&js of satisfactory
evidence to be the persons whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he ley executed the same in hisAwf/t ei� authorized capacity(ies),
and that by hishef4heisignature() on the instrument the person(s), or the entity upon behalf of
which the person(-s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
MAR 80i, TR��
N 1091,119
ftbry Signature `-� d (� � CNt1on�
County
Signatur of Not r Public tt
_:� a ,,�.,r •yam
�.P� N 7'si �'�'�� .`'�,,.
i' � .
�};: iit1F'
City of Vernon
NOTICE OF PUBLIC HEARING
4305 Santa Fe Avenue
Vernon, CA 90058
(323) 583-8811
ADOPTION OF AMENDMENTS TO THE CITY OF VERNON'S CODE AND ZONING
ORDINANCE
NOTICE IS HEREBY GIVEN that the City of Vernon City Council will hold a Public Hearing at
9:00 A.M. on Tuesday, December 15, 2015, at City Hall in the City Council Chambers, 4305 Santa Fe
Avenue, Vernon, California. The purpose of the hearing is to consider the following amendments:
1) Article VI of Chapter 5 of the Vernon Municipal Code be amended by deleting Section
5.81.2(7) and the phrase "[m]assage parlors" from the table under Section 5.92(t),
2) Current Article VII of Chapter 5 of the Vernon Municipal Code be renumbered to Article
VIII without any other further modifications,
3) A new Article VII, Business Permit Regulations for Massage Businesses, be added to
Chapter 5 of the City Code,
4) Amending Article II of Chapter 13 of the Vernon Municipal Code by adding Massage
Businesses to the list of those Businesses required to obtain a Health Permit prior to
operation,
5) Amending Article II of Chapter 26 (Zoning) of the Vernon Municipal Code by removing
the definition of "Massage Parlors",
6) Current Articles VIII, IX and X of Chapter 26 (Zoning) be renumbered to Articles IX, X
and XI and renumber sections accordingly and
7) Article VIII, Zoning Regulations for Massage Businesses, be added to Chapter 26.
NOTICE IS HEREBY FURTHER GIVEN that a copy of the proposed ordinance will be available
for public review during normal business hours in the Vernon Public Works, Water & Development
Services Department, located at 4305 Santa Fe Avenue, Vernon, CA 90058, from
ALL INTERESTED AND/OR AFFECTED PARTIES are invited to submit written comments in
favor of, or in opposition to, this matter prior to the time of the hearing, or be heard in support of, or
opposition to, the proposed project at the time of the hearing.
If you challenge the adoption of the ordinance amending the Comprehensive Zoning Ordinance, you
may be limited to raising only those issues you or someone else raised at the hearing described in this
notice or in written correspondence delivered to the City of Vernon at, or prior to, the meeting.
For questions regarding this public hearing item please contact Kevin Wilson, Director of Public
Works, Water & Development Services at (323) 583-8811, or kwilson(i�ci.vernon.ca.us.
The hearing may be continued or adjourned or cancelled and rescheduled to a stated time and place
without further notice of a public hearing.
Date: y 1 201 S , t�i'.
aria Ayal ity Clerk
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CITY OF VERNON CITY COUNCIL MEETING
DECEMBER 15, 2015
ORDINANCE NO. 1234 SUMMARY
((i) amending Article VI of Chapter 5 of the Vernon Municipal Code by removing
massage businesses from the definition of adult and sexually oriented businesses; (ii)
renumbering current Article VII (Utility Users' Tax) of Chapter 5 of the Vernon
Municipal Code to Article VIII, and adding new Article VII of Chapter 5 of the Vernon
Municipal Code relating to the business permit regulation of massage businesses; (iii)
amending Article II of Chapter 13 of the Vernon Municipal Code by adding massage
businesses to the list of those businesses required to obtain health permits prior to
operation; (iv) amending Article II of Chapter 26 (Zoning) of the Vernon Municipal Code
by removing the definition of "Massage Parlors"; and (v) renumbering current Articles
VIII, IX and X of Chapter 26 (Zoning) to Articles IX, X and XI of the Vernon Municipal
Code and renumbering sections accordingly, and adding new Article VIII to Chapter 26
(Zoning) of the Vernon Municipal Code; and repealing all ordinances or parts of
ordinances in conflict herewith)
A CERTIFIED COPY OF THE FULL TEXT OF PROPOSED ORDINANCE NO. 1234
IS AVAILABLE IN THE OFFICE OF THE CITY CLERK LOCATED AT 4305
SANTA FE AVENUE, VERNON, CALIFORNIA.
Ordinance No. 1234 was duly introduced at a regular meeting of the City Council of the
City of Vernon held on December 15, 2015. Ordinance No. 1234 is scheduled to be
considered for adoption by said Council at a regular meeting to be held on January 5,
2016.
The proposed Ordinance No. 1234 would (i) amend Article VI of Chapter 5 of the
Vernon Municipal Code by removing massage businesses from the definition of adult and
sexually oriented businesses; (ii) renumber current Article VII (Utility Users' Tax) of
Chapter 5 of the Vernon Municipal Code to Article VIII, and add new Article VII of
Chapter 5 of the Vernon Municipal Code relating to the business permit regulation of
massage businesses; (iii) amend Article II of Chapter 13 of the Vernon Municipal Code
by adding massage businesses to the list of those businesses required to obtain health
permits prior to operation; (iv) amend Article II of Chapter 26 (Zoning) of the Vernon
Municipal Code by removing the definition of "Massage Parlors"; and (v) renumber
current Articles VIII, IX and X of Chapter 26 (Zoning) to Articles IX, X and XI of the
Vernon Municipal Code and renumber sections accordingly, and adding new Article VIII
to Chapter 26 (Zoning) of the Vernon Municipal Code; and repealing all ordinances or
parts of ordinances in conflict herewith.
Maria E. Ayala, City Clerk of the City of Vernon, does hereby certify that Ordinance No.
1234 was duly introduced to the City Council of the City of Vernon at a regular meeting
held on December 15, 2015, and said Ordinance is scheduled to be considered for
adoption at a regular meeting of the City Council to be held on January 5, 2016.
Dated: v, s
Maria . Ayala, Ci lerk
CITY OF VERNON CITY COUNCIL MEETING
JANUARY 5, 2016
ORDINANCE NO. 1234 SUMMARY
((i) amending Article VI of Chapter 5 of the Vernon Municipal Code by removing
massage businesses from the definition of adult and sexually oriented businesses; (ii)
renumbering current Article VII (Utility Users' Tax) of Chapter 5 of the Vernon
Municipal Code to Article VIII, and adding new Article VII of Chapter 5 of the Vernon
Municipal Code relating to the business permit regulation of massage businesses; (iii)
amending Article II of Chapter 13 of the Vernon Municipal Code by adding massage
businesses to the list of those businesses required to obtain health permits prior to
operation; (iv) amending Article II of Chapter 26 (Zoning) of the Vernon Municipal Code
by removing the definition of "Massage Parlors"; and (v) renumbering current Articles
VIII, IX and X of Chapter 26 (Zoning) to Articles IX, X and XI of the Vernon Municipal
Code and renumbering sections accordingly, and adding new Article VIII to Chapter 26
(Zoning) of the Vernon Municipal Code; and repealing all ordinances or parts of
ordinances in conflict herewith)
A CERTIFIED COPY OF THE FULL TEXT OF ADOPTED ORDINANCE NO. 1234
IS AVAILABLE IN THE OFFICE OF THE CITY CLERK LOCATED AT 4305
SANTA FE AVENUE, VERNON, CALIFORNIA.
On January 5, 2016, the City Council of the City of Vernon approved and adopted
Ordinance No. 1234 (i) amending Article VI of Chapter 5 of the Vernon Municipal Code
by removing massage businesses from the definition of adult and sexually oriented
businesses; (ii) renumbering current Article VII (Utility Users' Tax) of Chapter 5 of the
Vernon Municipal Code to Article VIII, and adding new Article VII of Chapter 5 of the
Vernon Municipal Code relating to the business permit regulation of massage businesses;
(iii) amending Article II of Chapter 13 of the Vernon Municipal Code by adding massage
businesses to the list of those businesses required to obtain health permits prior to
operation; (iv) amending Article II of Chapter 26 (Zoning) of the Vernon Municipal Code
by removing the definition of "Massage Parlors"; and (v) renumbering current Articles
VIII, IX and X of Chapter 26 (Zoning) to Articles IX, X and XI of the Vernon Municipal
Code and renumbering sections accordingly, and adding new Article VIII to Chapter 26
(Zoning) of the Vernon Municipal Code; and repealing all ordinances or parts of
ordinances in conflict herewith.
I, Maria E. Ayala, City Clerk of the City of Vernon, do hereby certify that Ordinance No.
1234 was duly approved and adopted by the City Council of the City of Vernon at a
regular meeting held on January 5, 2016, and passed by said Council by the following
vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS
ABSTAIN: COUNCILMEMBERS
Dated: kl& 1 7, 1 t"
McCormick, Davis, Martinez,
Ybarra, and Woodruff -Perez
None
None
Mari E. Ayala, ity Clerk
This space is for the County Clerk's Filing Stamp
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161 S. AVENUE 24, LOS ANGELES, CA 90031
323 221-1092 • FX: 323 221-1090 • www.egpnews.com
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
COUNTY OF LOS ANGELES
I am a citizen of the United States and a resident
of the County aforementioned; I am over the age
of eighteen years, and not a party to or interested
in the above-entitled-ma-tter. I am the principal
clerk of the printer of
EASTERN GROUP PUBLICATIONS'
EASTSIDE SUN,
NORTHEAST SUN
BELL GARDENS SUN,
VERNON SUN,
AND
MONTEBELLO COMET,
newspapers of general circulation, printed
and published THURSDAYS in the County of
Los Angeles, and which newspaper of general
circulation by the Superior Court of the County of
Los Angeles, State of California, under the
date of JUNE 21, 1966,
CASE NUMBER 884861,
that the notice, of which the annexed is printed
copy (set in type not smaller the nonpareil), has
been published in each regular and entire issue
of sail newspaper and not in any supplement
thereof on the following dates, to -wit:
JANUARY 07,
all in the year 2016.
certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at LOS ANGELES, California,
this 07TH day of JANUARY, 2016.
T C1`,c6f
CITY OF MONTEBELLO
Proof of Publication of
City of Vernon Council Meeting
January 5, 2016
Ordinance No. 1234 Summary
CITY OF VERNON CITY COUNCIL MEETING
JANUARY 5, 2016
ORDINANCE NO. 1234 SUMMARY
((i) amending Article VI of Chapter 5 of the Vernon Municipal Code by
removing massage businesses from the definition of adult and sexually
oriented businesses; (ii) renumbering current Article VII (Utility Users' Tax)
of Chapter 5 of the Vernon Municipal Code to Article VIII, and adding
new Article VII of Chapter 5 of the Vernon Municipal Code relating to
the business permit regulation of massage businesses; (iii) amending
Article II of Chapter 13 of the Vernon Municipal Code by adding massage
businesses to the list of those businesses required to obtain health permits
prior to operation; (iv) amending Article II of Chapter 26 (Zoning) of the
Vernon Municipal Code by removing the definition of "Massage Parlors";
and (v) renumbering current Articles VIII, IX and X of Chapter 26 (Zoning)
to Articles IX, X and XI of the Vernon Municipal Code and renumbering
sections accordingly, and adding new Article Vlll to Chapter 26 (Zoning)
of the Vernon Municipal Code; and repealing all ordinances or parts of
ordinances in conflict herewith)
A CERTIFIED COPY OF THE FULL TEXT OF ADOPTED ORDINANCE
NO. 1234 IS AVAILABLE IN THE OFFICE OF THE CITY CLERK LOCATED
AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA.
On January 5, 2016, the City Council of the City of Vernon approved
and adopted Ordinance No. 1234 (i) amending Article VI of Chapter 5
of the Vernon Municipal Code by removing massage businesses from
the definition of adult and sexually oriented businesses; (ii) renumbering
current Article VII (Utility Users' Tax) of Chapter 5 of the Vernon Municipal
Code to Article VIII, and adding new Article VII of Chapter 5 of the Vernon
Municipal Code relating to the business permit regulation of massage
businesses; (iii) amending Article II of Chapter 13 of the Vernon Municipal
Code by adding massage businesses to the list of those businesses
required to obtain health permits prior to operation; (iv) amending Article
II of Chapter 26 (Zoning) of the Vernon Municipal Code by removing the
definition of "Massage Parlors"; and (v) renumbering current Articles VIII,
IX and X of Chapter 26 (Zoning) to Articles IX, X and XI of the Vernon
Municipal Code and renumbering sections accordingly, and adding new
Article VIII to Chapter 26 (Zoning) of the Vernon Municipal Code; and
repealing all ordinances or parts of ordinances in conflict. herewith.
I, Maria E. Ayala, City Clerk of the City of Vernon, do hereby certify that
Ordinance No. 1234 was duly approved and adopted by the City Council
of the City of Vernon at a regular meeting held on January 5, 2016, and
passed by said Council by the following vote:
AYES: COUNCILMEMBERS: McCormick, Davis, Martinez,
Ybarra, and Woodruff -Perez
NOES: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
Dated: January 5, 2016 SOF: Maria E. Ayala, City Clerk
Signature
NOTICE OF EXEMPTION
NOTICE OF EXEMPTION
TO: ❑ Office of Planning and Research
PO Box 3044
Sacramento, CA 95812
El County Clerk, County of Los Angeles
Environmental Filings
12400 E. Imperial Hwy
Norwalk, CA 90650
FROM: City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Project Title: Project Applicant:
City of Vernon — Zoning Ordinance Amendment City of Vernon
Project Location - Specific
4305 Santa Fe Avenue, Vernon, CA 90058
Project Location — City: Project Location — County:
Vernon - Los Angeles
2016 007093
FILED
Jan 12 2016
Dean C. Logan, Registrar — Recorder/Coanly Clerk
Electronically signed by MISTI BROOKS
Description of Nature, Purpose and Beneficiaries of Project:
The City of Vernon has proposed an ordinance amending the Vernon Municipal Code of the City
of Vernon to establish zoning regulations for massage businesses within the City.
Name of Public Agency Approving Project:
City of Vernon
Name of Person or Agency Carrying Out Project:
City of Vernon
THIS NOTICE WAS POSTED
ON January 12 2016
UNTIL February 112016
REGISTRAR—RECORDERICOUNTY CLERK
Exempt Status: (check one)
Ministerial (Sec. 21080(b)(1); 15268;
Declared Emergency (Sec. 21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c)).
XX Categorical Exemption. State type and section number: Sec. 15061 (b) (3)
Statutory Exemptions. State code number:
Reasons why project is exempt:
The Project is categorically exempt under the California Environmental Quality Act (CEQA) in
accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects which
have the potential for causing a significant effect on the environment. Because the adoption of
this ordinance does not authorize the establishment of any new massage businesses nor the
construction of any new structures or other physical changes in the environment, it will not result
in a direct or reasonably foreseeable indirect physical change in the environment.
Lead Agency Contact Person: Area Code/Telephone/Extension:
Sergio Canales 323/583-8811/219
Department of Public Works, Water &
Development Servic
Signature: Date:
Date Received for filing at OPR: