HomeMy WebLinkAbout98-08 Requirement to Pass Written Examination by PD for Massage Practitioner ApplicantsORDINANCE NO. 98-8
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, ADDING PARAGRAPH
(4) . TO SUBSECTION (c) OF SECTION 9-338 OF THE
COSTA MESA . MUNICIPAL CODE TO REQUIRE
APPLICANTS FOR MASSAGE PRACTITIONER'S
LICENSES TO PASS A WRITTEN EXAMINATION
ADMINISTERED BY THE COSTA MESA POLICE
DEPARTMENT.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. Paragraph (4) is hereby added to subsection(c) of section 9-338
of the Costa Mesa Municipal Code to read as follows:
"(4) A certificate from the Police Chief or his/her designee that the
applicant has satisfactorily passed, with a score of 70% or better, a
written examination on objective standards to fairly evaluate
professional education in anatomy, physiology, hygiene, sanitation,
massage theory and practice, ethics of massage practice And
regulations of massage practice as set forth in this Code. An applicant
that. fails to pass the examination_ shall not be eligible to take another
examination until sixty (60) days after the previous examination. An
applicant who fails to pass upon a second attempt shall not again be
eligible until six (6) months thereafter. A separate processing fee, set
by resolution of City Council, shall be filed with the Police Chief prior
to each examination. The examination shall be in written form in the
English language and administered at a location and time on a regular
basis under standards and procedures approved by the Police Chief. In
the event the applicant requires that the examination be in another
language the applicant must, on his/her own, make arrangements with
a Court certified interpreter to interpret the examination, provided that
proof of Court certification is provided to the Chief of Police prior to
the administration of the examination. The examination shall be
prepared by a qualified person(s) with at least 'five (5) year's of
licensing or practice in his/her health care field and, shall include
licensed health care professionals, such as doctors, chiropractors,
massage therapists, massage school instructors, physical therapists
and an individual who has, graduated from an approved massage
school and received a diploma from the massage school. The
requirement of this paragraph shall be applicable to applications for a
new massage practitioner's license and applications for renewal of a
massage practitioner license as' set forth in this Code. Where an
applicant has scheduled to sit for the examination, an identification
number shall be issued to the applicant for the examination. Within
seven (7) calendar days of the completion of a scheduled examination,
the scores by identification number shall be posted on the first floor of
City Hall at the public notice board for a thirty (30) calendar day
period. All scores are final and not subject to appeal."
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Section 2. Severability.
If any chapter, article, section, subsection, subdivision, sentence, clause,
phrase, or portion of this Ordinance, or the application thereof to any person, is for
any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining
portion of this Ordinance or its application to other persons. The City Council
hereby declares that it would have adopted this Ordinance and each chapter,
article, section, subsection, subdivision, sentence, clause, phrase or portion thereof,
irrespective of the fact that any one or more subsections, subdivisions, sentences,
clauses, phrases, or portions of the application thereof to any person, be declared
invalid or unconstitutional. No portion of this Ordinance shall supersede any local,
State, or Federal law, regulation, or codes dealing with life safety factors.
Section 3. Publication.
This Ordinance shall take effect and be in full force and effect thirty (30)
days from and after its passage and, before the expiration of fifteen (15) days after
its passage, shall be published once in the NEWPORT BEACH -COSTA MESA PILOT,
a newspaper of general circulation printed and published in the City of Costa Mesa,
or, in the alternative, the City Clerk may cause to be published a summary of this
Ordinance and a certified copy of the text of this Ordinance shall be posted in the
office of the City Clerk five (5) days prior to the date of adoption of this Ordinance,
and within fifteen (15) days after adoption, the City Clerk shall cause to .be
published the aforementioned summary and shall post in the office of the City Clerk
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a certified copy of this Ordinance together with the names of the members of the
City Council voting for and against the same.
PASSED AND ADOPTED this ` day of 09�c+.), c- , , 1998.
Mayor wla-,U
ATTEST:
City Cl k of the
City of osta Mesa
APPROVED AS TO FORM:
0 �3"lu-5�
City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, MARY T. ELLIOTT, Deputy City Clerk and ex -officio clerk of the City
Council of the City of Costa Mesa, hereby certify that the above and foregoing
Ordinance No. 98- 8 was introduced and considered section by section at a regular
meeting of said City Council held on they'`'` day of , 1998, and thereafter
passed and adopted as a whole at a regular meeting of said City Council held on
the 16t" day of D-�� , 1998, by the following roll call vote:
AYES: I))oN A44AA)
NOES: '90rnep-s
ABSENT: & F F q C
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IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the
City of Costa Mesa this 1'day of 3h,.hcOL , 1998.
MASSAGE PRAC LIC.9 (3-10-98)
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Deputy ity Clerk and ex -officio
Clerk o he City Council of the
City of Costa Mesa