The City Council finds and declares as follows:
(A) The requirements and restrictions imposed by this chapter are reasonably necessary to protect the health, safety and welfare of the citizens of the city, while recognizing massage as a legitimate business interest that provides benefits to its patrons in a therapeutic setting.
(B) This chapter is enacted pursuant to the provisions of the State Constitution, Cal. Gov’t Code §§ 37100, 51030 et seq., Cal. Bus. & Prof. Code §§ 460, 4600 through 4620 (The Massage Therapy Act) and 16000, and § 13 of the Chiropractic Act (initiative measure approved by the electors November 7, 1922, as amended).
(C) There is a significant risk of injury to massage clients by persons improperly trained and/or educated in providing massage services, and this chapter provides reasonable safeguards against injury and economic loss.
(D) There is opportunity for acts of prostitution, lewdness, and other unlawful sexual activity to occur in massage establishments, as well as problems relating to human trafficking 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 and would thereby benefit the public health.
(E) The provisions of this chapter are intended to enhance the efficient processing of permits for massage establishments, owners and managers and the ongoing regulation of those permittees and certificate holders by the city. The provisions of this chapter in no way limit the authority of the city to inspect massage establishments or conduct investigations to ensure permittees are complying with applicable rules and regulations.
(F) The restrictions and requirements contained in this chapter are intended, in part, to stop the practice of businesses quickly changing ownership in name upon the discovery of criminal activity by the city.
(G) The restrictions and requirements contained in this chapter are intended to be in addition to the requirement of a valid business license issued pursuant to Title XI, Chapter 110 of the San Gabriel Municipal Code and the requirement to obtain a conditional use permit pursuant to Chapter 153.
(H) The regulations and restrictions contained in this chapter are intended 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 within the confines allowed by state law.
(I) The provisions of this chapter are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any state or local laws or regulations that are uniformly applied to other professional or personal service businesses.
(J) The California Massage Therapy Council (“CAMTC”) can better, and more efficiently, regulate massage technicians in order to best protect the public and it is in the public interest to require that all persons providing massage in the city have a certificate from the CAMTC. However, in order to protect the public health, safety and welfare of the residents and visitors to the City of San Gabriel, it is necessary for the city to additionally regulate massage establishment businesses.
(Ord. 591-C.S., passed 9-20-11; Am. Ord. 612-C.S., passed 2-17-15; Am. Ord. 633-C.S., passed 4-18-17; Am. Ord. 634-C.S., passed 5-2-17)