HomeMy WebLinkAboutOrd 1989-2307 Revised 3/24/89
ORDINANCE NO. 2307
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
TITLE 5.36 OF THE CHULA VISTA MUNICIPAL CODE BY
AMENDING SECTIONS 5.36.030 AND 5.36.070 AND
ADDING SECTION 5.36.075 EXEMPTING "HOLISTIC HEALTH
PRACTITIONERS' FROM MASSAGE PARLOR REGULATION
The City Council of the City of Chula Vista does ordain
as follows:
SECTION I: That Section 5.36.030 of Chapter 5.36 of the
Chula Vista Municipal Code be, and the same is hereby amended by
adding Subsections I and J to read as follows:
Sec. 5.36.030 Definitions
Whenever in this article the following words or
phrases are used, they shall mean:
(Sections A through H remain unchanged, Sections I and J
are added)
I. 'Holistic Health Practitioner" shall mean
non-medical health care therapists that use a
massage speciality and therapeutic approach to
caring for clients and who present to the Director
of Public Safety proof of satisfactory completion of
1,000 hours of instruction in such specialty or
therapeutic approach at a school with a State
approved curriculum and proof of membership in a
State or nationally chartered organization devoted
to the specialty or therapeutic approach. The
practice of such health care therapists, in addition
to massage therapy, must include nutritional
assistance, exercise programs and counseling that is
directed toward health care.
J. "Specified Anatomical Areas" shall mean pubic
region, human genitals, perineum, anus and the
areola and nipple of the female breast.
SECTION II: That Section 5.36.070 of Chapter 5.36 of
the Chula Vista Municipal Code be, and the same is hereby amended
to read as follows:
-1-
Sec. 5.36.070 Exceptions to applicability.
The requirements of Section 5.36.050 et seq. shall
have no application and no effect upon and shall not be
construed as applying to any persons designated as
follows: Physicians, surgeons~ chiropractors,
osteopaths, holistic health practitioner, or any
registered or licensed vocational nurse working under
the supervision of a physician, surgeon, chiropractor,
or osteopath duly licensed to practice their respective
profession in the state, nor shall the requirements of
Section 5.36.050 et seq. apply to any treatment
administered in good faith in the course of the practice
of any healing art or profession by any person licensed
to practice any such art of profession under the
Business and Profession Code of the state or of any
other law of this state. All individuals who use a
massage speciality and therapeutic approach in caring
for clients while under the "control and direction" of
the exempted classes of individuals as listed above,
must have a valid massage technician permit and comply
with the requirements of this chapter. Practical nurses
or other persons without qualifications as massage
technicians, or other persons not otherwise licensed by
the state to practice pursuant to the Medical Practice
Act, whether employed by physicians, surgeons,
chiropractors as osteopaths or not, may not give
massages or massage procedures.
For the purpose of this section any individual using
massage specialty and therapeutic approach in caring for
clients is considered under the "control and direction"
of an exempt class individual only when a member of that
exempt class is physically present on the establishment
premises where the massage is being administered.
SECTION III: Section 5.36.075 is hereby added to
Chapter 5.36 of the Chula Vista Municipal Code to read as follows:
Sec. 5.'36.075 Massage Technician - Operating
Requirements
A. NO massage technician, while performing any task or
service associated with the massage business, shall
be present in any room with another person unless
the person's specified anatomical areas are fully
covered.
B__. No massage technician shall be on the premises of a
massage establishment during its hours of operation
while performing or available to perform any task or
-2-
service associated with the operation of a massage
business, unless the massage technician is fully
covered from a point not to exceed four (4) inches
above the center of the kneecap to the base of the
neck, excluding the arms, with the following
exceptions: shorts may be worn so long as they
extend down the leg a minimum of three (3) inches
from the crotch and the body above that point is
fully covered to the base of the neck, excluding the
arms. The covering, which includes trousers, pants
or shorts, will be of opaque material and will be
maintained in a clean and sanitary condition.
C__~. No massage technician, while performing any task or
service associated with the business of massage,
shall massage or intentionally touch the specified
anatomical areas of another person.
SECTION IV: This ordinance shall take effect and be in
full force and effect on the thirtieth day from and after its
adoption.
Presented by Approved as to form by
.... nt,~j~
5064a
-3-
JRS:
efinitione.
,ever in this article the following wc, rds or phrases are
,ey shall mean:
~c, ns A through H remain unchanged, section I is added)
,dolisti_c__He_alth Practitioner" shall mean non-medical health care
.,era~ists_t~jat_,.Jse_a__massage__sReci_alty' and thera~e,.jti_c_aR~K,~a_ch_in.
~ariDg for clients and who present t,:, the Director of Public Safety
p_~o.~f_.if__~_~!i_~l_~_~!o_~z__~ompi_~.tic. n of one thousand hours c,f instructic, n
in such s~e_ci_a!!Y_.2r_!berap_e,._,tic__ap~r.:.ach at a school with a State
app.rc, ved currio.~lum and proof of membershig in a State or nationally
be__ e_cia!!v o r t h e rap e u t i c
s 1
.2_tb_er__s_erv~ces such as nutritional assistance c,r counseling_a~__c_,i3g
as all activities are directed toward health care.
5.3G.O70~xceptions to appl'icability.
The ~equirements ef Section 5.38.050 et seq. shall have no
application and no effect upon and shall not be construed as applying
to'any persons-designated as follows: Physicians, surgeons,
chiropractors, osteopaths, h.2!i_~ti_~_r_,~!!!h_~_~_~_~titi.=-_~_~_~, or any
registered or licensed vocational nurse working under the supervision
of a physician,. surgeon, chiropractor, er osteopath duly licensed to
practice their respective profession in the state, nor shall the
'requirements of= Section 5.3~.050 et seq. apply to any treatment
administered in good faith in the course of the practice of any
healing art or profession. by any person licensed to practice any such
_ e__~_ ..........h___~__t ....~ ....h .........~ ~ h ~
the__ '_'_cg.n.~r_ol_ and_dir_~_ct_io_n."__,_~!__t~_,e__e_xe_m_~t_e_~_g~g~_,2i_i~i~i~,.!~!~_~~
!i~i~d_..ab__ov_e_=~m_u~_~_h_aZ_e_a__Ea!id_m_a_~_s_a~
__i ........... =i ......... ~ .... i ........ '- ' =
persons not otherwise licensed by the state tc, practice pursuant
the Medical Practice Act, whether employed by physicians, surgeons,
chiropractors or .ostenpathS.or not, may not give massages or massage
procedures. ,~ ::
For the our pose of this section an~ individual ~lsin~ massage
s~_cia_!t_y_a_nd._t_h_e_La_~e,_lt_!c_.__a~r_,:_,a_c_h_iB_~'~iO9 for c 1 tents is
o:znside_r_~d__'Jnd_er_the=_ "!,2nt re i and d i re c tic, n" c,f an exempt_c_lass_
administered.
_ MASSAGE PARLORS:
5.36.030 Definitions
Whenever in this article the following words or phrases are used, they
shall mean:
(Sections A through H remain unchanged, Section I is added)
I. "Holistic Health Practitioner" shall mean a non-medical health care
t'FTerapist that uses a massage specialty and therapeutic approach in caring for
clients and who presents to the Director of Public Safety proof of
satisfacto completion of one thousand (lO00) hours of instruction in such
s ecialty or~ therapeutic approach at a school with a State approved curriculum
w~ich qualifies the student for certification as an HHP and proof of
membership in a State or nationally chartered organization devoted to the
s ecialty or approac.. he practice of such healt. care
t erapists, into massage therapy, must include nutritional
assistance, exercise programs and counseling that is directed toward health
care.
J. "Specified Anatomical Areas" shall mean pubic region, human genital s,
~rineum, anus and the areola and nipple of the female breast.
5.36.070 Exceptions to applicability.
The requirements of Section 5.36.050 et seq. shall have no application and
no effect upon and shall not be construed as applying to any persons
designated as follows: Physicians, surgeons, chiropractors, osteopaths,
holistic health ractitioner, or any registered or licensed vocational nurse
working under t~e supervision of a physician, surgeon, chiropractor, or
osteopath duly licensed to practice their respective profession in the state,
nor shall the requirements of Section 5.36.050 et seq. apply to any treatment
administered in good faith in the course of the practice of any healing art or
profession by any person licensed to practice any such art of profession under
the Business and Profession Code of the state or of any other law of this
state. All individuals who use a massage speciality and therapeutic approach
in caring for clients of individuals as listed above, must have a valid
massage technician permit and comply with the requirements of this chapter.
Practical nurses or other persons without qualifications as massage
technicians, or other persons not otheFwise licensed by the state to practice
pursuant to the Medical Practice Act, whether employed by physicians,
surgeons, chiropractors as osteopaths or not, may not give massages or massage
procedures.
For the purpose of this section any individual using massage specialty and
therapeutic a proach in caring for clients is considered under the "control
and direction'P of an exempt cl ass indivi dual only when a member of that exempt
class is physically present on the establishment premises where the massage is
being administered.
FIRST READ AT A REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA· CALIFORNIA· HELD March 28 , 19 89 · AND
FINALLY PASSED AND ADOPTED AT A REGULAR MEETING THEREOF HELD April 4 ·
19 89 ~ BY THE FOLLOWING VOTE· TO-WIT:
AYES: Councilmen: Nader, Cox, Moore
NAYES: Councilmen: Malcolm
ABSTAIN: Councilmen: None
ABSENT: Councilmen: McCandliss
f the City of Chulo Vista
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, Californio,
DO HEREBY CERTIFY that ~e above ond foregoing is 0 full, true ond correct copy of
ORDINANCE N0, 2307 ,and fhot the some has not been amended or repeoled.
DATED
' City Clerk
CC-660