The text
(a)
The permit requirements and restrictions imposed by this chapter are reasonably necessary to protect the health, safety and welfare of the citizens of the city.
(b)
The city is authorized, by virtue of the State Constitution, Section 16000 of the Business and Professions Code, and Sections 51030 et seq. of the Government Code, to regulate massage establishments by imposing reasonable standards relative to the skill and experience of massage operators and reasonable conditions on the operation of massage establishments.
(c)
The state legislature enacted Business and Professions Code Section 4600 et seq., which establishes uniform standards of certification and regulation of massage practitioners and massage therapists that are binding on all cities throughout the state.
(d)
There is 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.
(e)
There is opportunity for acts of prostitution and other unlawful sexual activity to occur in massage establishments. Courts have long recognized massage as a pervasively regulated activity and that massage establishments are often brothels in disguise. The establishment of reasonable standards for issuance of permits and restrictions on operations would serve to reduce the risk of illegal activity.
(f)
The restrictions and requirements contained in this chapter reduce the burdens on the sheriff's department and permit the deployment of police personnel such that more serious crimes may be prevented and more important laws enforced.
(g)
The regulations and restrictions contained in this chapter tend to discourage massage establishments from degenerating into houses of prostitution and the means utilized in this chapter bear a reasonable and rational relationship to the goals sought to be achieved.
(Ord. 577 §1(part), 2004).
(Ord. No. 648, § 1, 11-20-2012)