PURPOSE

The purpose of this report is to provide information relative to amending the Burbank Municipal Code (Article 22, Division 1, Section 8-22 (b) (2)) to allow chair massage, without certain restrictions, in businesses licensed as Massage Establishments.

BACKGROUND

Staff presented this issue to the City Council at the December 9, 2003 council meeting in response to an August, 2003 letter from Mary Clingen, a licensed Burbank Massage Therapist.  Attached as Exhibit A, is the December 9, 2003 staff report which includes a copy of Ms. Clingen�s letter.

Ms. Clingen�s letter was an inquiry which requested an amendment of the Burbank Massage Ordinance for the purpose of allowing the service of chair massage to be performed without certain restrictions that currently exist in the Burbank Municipal Code.  Council, as well as staff unanimously supported Ms. Clingen�s request.  This resulted in Council directing staff to return at a later date with an appropriate amendment to the Burbank Massage Ordinance.  The proposed amendment excludes the service of chair massage from the operational standards of the Burbank Massage Ordinance which currently requires a shower or tub facility to be on the premises where any form of massage takes place.  The benefit the proposed exclusion provides is that it would allow chair massage to be performed in businesses that traditionally don�t conduct massage therapy as a primary service.  In addition, these businesses traditionally don�t have tub or shower facilities on the premises.  An example of such a business would be a beauty salon, which would normally not have a shower or tub on the premises.

ANALYSIS

As indicated by the name, chair massage is a form of massage that is conducted while the recipient of the massage sits in a chair.  This form of massage does not require the person receiving the massage to be disrobed, nor does it require oils or lotions to be applied to the body.  Therefore, there is no need for shower or tub facilities to be on the premises for pre or post-massage bathing.  In addition, chair massage is a very mobile form of massage which utilizes a specialized portable chair that is easily moved from location to location.  Chair massages are traditionally performed at locations which will not have tub or shower facilities such as: beauty salons; airports; barber shops; athletic events; conventions; and shopping malls.

The proposed amendment, relative to the exclusion of tub or shower facilities, will only be effective for businesses whose primary function is not massage.  Those massage establishments that are primarily massage businesses, will still be required to have tub or shower facilities.  Also, although the proposed amendment excludes chair massage from certain facility requirements, it does not exempt any establishment or location where chair massage is taking place, nor the person performing chair massage, from City of Burbank licensing requirements for massage establishments or massage technicians.

The proposed amendments to the Burbank Massage Ordinance will include definitions for the terms �Chair Massage� and �Fully Clothed�.  In addition the proposed amendments to the Massage Ordinance will mandate the following conditions to be met:

1. The massage technician, and the person receiving the chair massage shall remain fully clothed, as defined in BMC 8-2201 (I), at all times.

2. The chair massage must take place within public view in a well lit area at all times; such massage shall not take place in any private area of any building or room.

3. At no time may any part of the massage technician�s body or any mechanical device or apparatus operated by the massage technician touch any specified anatomical areas, as defined in BMC 8-2201(j).

4. Chair massage may not take place in any business establishment which has as a primary business activity the serving of food, beverages or alcoholic beverages.

RECOMMENDATION

Staff recommends that the City Council approve AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK AMENDING SECTION 8-2201 AND 8-2205 (B)(2) OF CHAPTER 8, ARTICLE 22 OF THE BURBANK MUNICIPAL CODE TO DEFINE CHAIR MASSAGE AND EXEMPT CHAIR MASSAGE FROM CERTAIN REQUIRMENT OF THE MASSAGE ESTABLISHMENTS AND MASSAGE TECHNICIANS.

EXHIBITS

A       Staff Report from the December 9, 2003 City Council meeting

B        Ordinance for amending the �Burbank Massage Ordinance�

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