Ordinance No. 639 - Requirements for Skin Care, Nail Care, and Acupressure Establishmentsn
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ORDINANCE NO.. 639
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ROSEMEAD ESTABLISHING DEVELOPMENT
STANDARDS AND LICENSING REQUIREMENTS FOR SKIN
CARE, NAIL CARE, AND ACUPRESSURE ESTABLISHMENTS.
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS FOLLOWS:
Section I. The City Council finds, determines and declares as
follows:
a. Recently, a number of new businesses have labelled themselves "skin
care, nail care, acupressure, etc." These activities are sometimes
not the only activities conducted on the premises once these
businesses are established. In an effort to properly review proposed
uses of land, and the individuals applying for licenses, the City
Council has determined the need to provide regulation of these
establishments as hereinafter set forth.
Section 2. Pursuant to Section 36937 of the Government Code,
this Ordinance is intended to preserve the public peace, and health or safety
and shall therefore take effect immediately upon adoption. A statement of facts
constituting the urgency is as follows:
a. The City Council has received reports that unrelated activities are
occurring at skin care, nail care, and acupressure establishments.
b. The City Council finds, determines and declares that adequate
regulations are necessary for skin care, nail care, and acupressure
establishments in order to maintain the health, safety, and general
welfare of the community; and,
c. This ordinance, when adopted, would provide adequate development
standards over skin care, nail care and acupressure businesses and
provide necessary control over a previously unregulated land use.
Section 3. Section 6200, of Chapter II, of the Rosemead
Municipal Code entitled Ordinance No. 5860 of the County of Los Angeles is
hereby amended by adding subsection 6212.5 thereto to read as follows:
6212.5 Skin Care Nail Care Acupressure ana orner rela~uu uun ii,cn~
No person shall conduct, engage in, carry on, participate in, or practice
skin care, nail care, acupressure, or other similar businesses as
• determined by the City Manager or his designee, or cause the same to be
done for pay, without having first obtained a permit as required by this
section.
(a) Definitions. For the purpose of this section:
(1) Skin care business shall mean and include the service of treating
the skin, hair, hands, face or neck of any person with various
lotions, sprays, creams, tonics, herbs, or other similar
substances for the purpose of reconditioning or improving the
appearance of a person's skin provided each manager and employee
has a current license from the State of California.
(2) Acupressure means the stimulation or sedation of specific
meridian points and trigger points near the surface of the body
by the use of pressure applied by the acupressurist in order to
prevent or modify the perception of pain or to normalize
psysiological functions, including pain control, in the treatment
of certain diseases or dysfunctions of the body.
(3) Acupressurist means a person who administers acupressure and is a
registered Physical Therapist or Acupuncturist provided each
manager and employee has a current license from the State of
California.
Ordinance 639
(4) Nail Care business shall mean and include the service of
preparation, trimming, cleaning and treatment of a person's
nails, and cuticles, provided each manager and employee has a
current license from the State of California.
(5) "For pay" shall mean for a fee, reward, donation, loan, or
receipt of anything of value.
(b) Permit applications. Every person who, for pay, actively conducts,
engages in, carries on, or practices skin care, nail care or
acupressure, shall file a separate verified application, under penalty
of perjury, for a permit with the City Manager or his designee. The
application shall contain:
(1) The name, home and business address, and home and business
telephone number of the applicant;
(2) The record of any conviction (including a guilty plea) for a
felony or other conviction (including a guilty plea) of fraud,
theft, moral turpitude, deceit, or misrepresentation within a
period of five (5) years prior to the making of an application
for a permit;
(3) The fingerprints of the applicant on a form provided by the
• Sheriff's Department;
(4) The address, city and state, and the approximate dates where and
when the applicant practiced a similar business, either alone or
in conjunction with others, within the past five (5) years; and
(5) A nonrefundable application fee of One Hundred and no/100ths
($100.00) Dollars. If business license is approved, application
fee may be credited towards payment of required business license.
(c) Plans required. Every skin care, nail care, acupressure or other
related business shall provide a complete plot plan and floor plan in
conjunction with the permit application showing the following
information:
(1) A professionally prepared plot plan and floor plan drawn to 1/8
• scale showing all property boundary lines and off-street parking.
(2) Location of all counters, equipment, partitions, sinks, plumbing,
walls, electrical and any other alteration or improvement
necessary for the operation of said business.
(d) Skin care nail care and acupressure establishments - minimum.
requirements. No permit shall be issued unless an inspection reveals
that the proposed establishment complies with each of the following
minimum requirements:
(1) A recognized and readable sign shall be posted at the main
entrance of the proposed establishment which identifies it as a
skin care, nail care, or acupressure establishment. Such sign
shall comply with all requirements of all City ordinances.
(2) At least one (1) artificial light of not less than 60 watt bulb -
to be hung from ceiling directly above any work table or booth
where services are being performed on a patron.
(3) Hot and cold running water shall be provided at all times.
(4) Separate closed cabinets shall be provided for the storage of
clean and soiled linen, and shall be plainly marked "Clean Linen"
and "Soiled Linen."
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(5) All walls, ceilings, floors, sinks, and all other physical
facilities shall be kept in clean and sanitary condition and in
good repair.
(6) A minimum of one (1) separate wash basin shall be provided for
each skin care, nail care, or acupressure specialist who works at
the' establishment at any one time. Such basin shall provide soap
or detergent and hot and cold running water at all times, and
shall be located as close as practicable to the area devoted to
the administration of acupressure. In addition, sanitary towels
shall be provided at each wash basin in permanently installed
dispensers. Said dispensers shall be maintained in a clean and
sanitary manner.
(e) Prohibited designs and improvements. No skin care, nail care, or
acupressure establishment shall install, modify, or change any
building, suite, or portion thereof with the following improvements:
1. Tinted or "one way" glass in any room or office.
(f) Display of permit. An applicant shall display a permit issued
pursuant to this part in a conspicuous location clearly visible from
the front entrance.
. (g) Employment of uncertified skin care nail care, or acupressurists
prohibited. An applicant shall not hire or employ a skin care, nail
care, or an acupressurist to administer said services unless such
employee is qualified pursuant to Subsection (a).
(h) Hours of operation. An applicant shall not conduct or operate a skin
care, nail care, or acupressure establishment between the hours of
9:00 p.m. and 7:00 a.m. of any day, and shall exclude all customers,
patrons and visitors therefrom between those hours.
(i) Hygiene. A clean sheet or other effective sanitary covering shall be
placed over any table, floor or other area upon which a client will
lie in the course of receiving treatment. The sheet or other covering
shall be deposited in the "Soiled Linen" cabinet at the conclusion of
any treatment.
• (j) Prohibited conduct.
(1) Acupressurists and patrons shall at all times while on the
premises of the acupressure establisment:• wear, at minimum,
non-transparent outer garments covering the body from knee to
neck.
(k) Persons using drugs prohibited. An.applicant, manager, or supervisory
employee shall not permit any person to enter or remain in a skin
care, nail care or acupressure establishment while in the possession
of, consuming or using any alcoholic beverage or drugs.
(1) Investigations. Upon the filing of the application, it shall be
referred to the Los Angeles County Sheriff's Department for an
investigation, report, and recommendation. The investigation shall be
conducted to verify the facts contained in the application and any
supporting data. The investigation shall be completed and a report
and recommendation made in writing to the City Manager or his designee
within forty five (45) days after the filing of the application,
unless the applicant requests or consents to an extension of the time
period. If the report recommends the denial of the permit to the
applicant, the grounds for the recommended denial shall be set forth
therein. At the time of the filing of the report and recommendation
with the City Manager or his designee, a copy thereof shall be served
personally or by certified mail on the applicant, accompanied by a
notice to the applicant that he or she may request to be heard when
the City Manager or his designee shall consider the application and
the report and recommendation to the Los Angeles County Sheriff's
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Department at a hearing on or before the seventh (7th) day after the
filing of the report and recommendation referred to in subsection (m)
of this section. Notice of the time and place of the hearing shall be
given to all parties by the City Manager or his designee at least
three (3) days prior to the hearing. The applicant for the permit
shall be required to attend the hearing. Any interested party shall
be entitled to be heard. The City shall have the burden of proof to
show that the permit should be denied. The decision of the City
Manager or his designee to grant or deny the permit or conditionally
grant the permit shall be in writing and, if adverse to the applicant,
shall contain findings of the fact and a determination of the issues
presented. Unless the applicant agrees in writing to an extension of
time, the City Manager or his designee shall make his order denying or
granting or conditionally granting the permit within twenty-four (24)
hours after the completion of the hearing on the application for a
permit and shall notify the applicant of his action by personal
service or certified mail at the address given in the application.
(m) Right of appeal. If the City Manager or his designee denies such
application, the applicant shall have the right to appeal such
decision to the Council which shall conduct a public hearing on such
appeal not later than the second regular Council meeting following the
filing of a written appeal by the applicant. The applicant shall be
notified of the date of the hearing on the appeal. After hearing the
• evidence presented to it, the Council shall render its decision not
later than the next regular Council meeting following the conclusion
of the hearing. The determination of the Council shall be final.
(n) Granting of permits. The City Manager or his designee shall grant the
permit if he makes all of the following findings:
(1) That no substantial evidence has been received which would
indicate that the information contained in the application and
supporting data is not true;
(2) That the applicant has not, within the previous five (5) years,
been convicted of any violation of this chapter or any law
relating to fraud, theft, moral turpitude, deceit, or
misrepresentation;
(3) That the applicant appeared in person at the hearing; and
• (4) That the applicant has agreed in writing to abide by and comply
with all the conditions of the permit and.applicable laws.
(o) Issuance of permits. If the City Manager or his designee grants the
permit, he shall thereafter issue the permit only after the applicant
has paid the license fee required by subsection (q) of this code.
(p) Suspension Revocation or Modification. If the City Manager receives
information that the licensee may be operating his business in
violation of the terms and conditions of the license issued, or any
provision of this Code or state law, he may schedule a hearing before
himself or his designee. Upon proper evidence presented, the City
Manager or his designee may suspend, revoke or modify conditions of
the license so as to insure future compliance with applicable laws.
Any person aggrieved by such decision may appeal to the City Council
as set forth in subsection (n).
(q) License Fees. Every establishment engaged in the business of
conducting, engage in, carry on, participate in, or practice skin
care, nail care, or acupressure, or cause the same to be done for pay,
shall first procure a license and pay a fee as follows:
(1) Skin care, nail care, or acupressure establishment - $300.00 per
year.
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Section 4. The City Clerk will certify to the passage and
adoption of this ordinance and shall cause the same to be posted in the manner
required by law.
PASSED, APPROVED and
ATTEST:
7t City Clerk
14th day of February, 1989.
I hereby certify that the foregoing Urgency Ordinance No-. 639 was duly and
regularly adopted by the City Council of the City of Rosemead at':a regular
meeting thereof held on the 14th day of February, 1989, by the following vote:
Yes: DeCocker, Taylor, Bruesch, McDonald, Imperial
No: None
Absent: None
Abstain: None z d
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Y CLERK
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