Monrovia Municipal Code Ch. 5.24 Massage Establishments and Massage Practitioners

Sections:

I. PURPOSE AND DEFINITIONS

II. MASSAGE ESTABLISHMENT CERTIFICATION AND LICENSE

I. PURPOSE AND DEFINITIONS

The purpose of this chapter is to establish comprehensive regulations for massage establishments in order to protect the public health, safety, and welfare by: (1) requiring a clean and safe environment for massage treatments; and (2) providing minimum standards for the conduct of massages.

(`83 Code, § 5.24.010) (Ord. 97-17 § 2, 1997; Ord. 2011-05 § 8, 2011)

Unless the context or subject matter clearly indicates that a different meaning is intended, the words set forth below shall have the following meanings when used in this chapter:

ACUPRESSURE. 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 massage practitioner in order to prevent or modify perception of pain or to normalize physiological functions, including pain control, in the treatment of certain diseases or dysfunctions of the body.

CAMTC. The California Massage Therapy Council created under Chapter 10.5 (commencing with § 4600) of Division 2 of the Cal. Bus. and Prof. Code.

DIRECTOR. The Director of Community Development or the designee thereof.

LICENSE. A massage establishment license issued by the city pursuant to § 5.24.040 of this chapter authorizing the operation of a massage establishment.

MASSAGE. Any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the external parts of the human body with the hands or with the aid of any mechanical or electrical apparatus or appliance with or without such supplementary aids as: rubbing alcohol; liniment; antiseptic; oil; powder; cream; lotion; ointment or other similar preparations commonly used in the practice of massage. The terms “bodywork,” “massage services,” and “massage therapy” are included within this definition. MASSAGE includes, but is not limited to: any bath; facial massage; foot massage; fomentations massage; electric or magnetic treatment; shiatsu; alcohol rubs; Russian, Swedish, and Turkish baths; acupressure; and other related actions.

MASSAGE ESTABLISHMENT. Any establishment having a fixed place of business where any person engages in, conducts, carries on, or permits to be engaged in, conducted, or carried on, whether as a primary or secondary or ancillary activity, any activity set forth in the definition of “massage” in this section. Any establishment engaged in, conducting, carrying on, or permitting any combination of massage and bath facilities, including but not limited to, showers, baths, wet and dry heat rooms, pools and hot tubs, shall be deemed a MASSAGE ESTABLISHMENT under this chapter. MASSAGE ESTABLISHMENT does not include nail salons, beauty shops, and barber shops unless such establishments offer any massage as a secondary or ancillary activity.

MASSAGE PRACTITIONER. Any person, male or female, who gives or administers to another person for any form of consideration whatsoever a massage as defined in this section. The terms “massage therapist,” “massage technician,” or any other terms used within the massage industry are included within this definition. MASSAGE PRACTITIONER also includes any person to whom a valid “massage therapist” or “massage practitioner” certificate has been issued by the CAMTC pursuant to Cal. Bus. and Prof. Code §§ 4601 and 4604, or any successor provision thereto.

OUTCALL MASSAGE. Any massage performed by a massage practitioner at a location designated by the client or the massage practitioner, other than at a massage establishment.

PERSON. Any individual, firm, association, partnership, corporation, joint venture, limited liability company or partnership, or combination of individuals in whatever form or character.

PERSON WHO HAS ENGAGED IN DISQUALIFYING CONDUCT. A person who:

(1) Within five years immediately preceding the date of the filing of the application in question or, in the case of revocation or suspension proceedings, within five years of the date of notice of revocation or suspension hearing, whichever is applicable, has been convicted in a court of competent jurisdiction of any of the following:

(a) A misdemeanor or felony offense that relates directly to the operation of a massage establishment.

(b) A felony whose commission occurred on the premises of a massage establishment.

(2) Within five years immediately preceding the date of the filing of the application in question or, in the case of revocation or suspension proceedings, within five years of the date of notice of revocation or suspension hearing, whichever is applicable, has had revoked any massage establishment, operator, technician, practitioner, or trainee license or permit issued by any governmental entity.

(3) Within five years immediately preceding the date of the filing of the application, or in the case of revocation or suspension proceedings, within five years of the date of notice of revocation or suspension hearing, whichever is applicable, has been convicted in a court of competent jurisdiction of any of the following:

(a) A violation of Cal. Penal Code §§ 266h, 266i, 315, 316, 318, or 647(b).

(b) Conspiracy or attempt to commit any such offense.

(c) A felony offense involving the sale of a controlled substance specified in Cal. Health and Safety Code §§ 11054, 11055, 11056, 11057, or 11058.

(d) An offense in a jurisdiction outside the State of California which is the equivalent of any of the aforesaid offenses.

(e) Has been found guilty of or pleaded guilty or nolo contendere to any lesser-included offense of the above.

(4) Is required to register under the provisions of Cal. Penal Code § 290.

(5) Has been subjected to a permanent injunction against the conducting or maintaining of a nuisance pursuant to Cal. Penal Code §§ 11225 through 11235 or any similar provisions of law in a jurisdiction outside the State of California.

SEXUALLY RELATED CRIME. A crime in violation of Cal. Penal Code §§ 266i, 315, 316, 318 or 647(b), or any similar offenses under the criminal or penal code of this state or other state or country.

SPECIFIED ANATOMICAL AREAS. The following human anatomical areas: genitals; pubic regions; buttocks; anus; and female breasts below a point immediately above the top of the areola.

SPECIFIED CRIMINAL ACTIVITY. Conviction of a sexually related crime, or conviction of any felony offense involving the sale of controlled substance specified in Cal. Health and Safety Code §§ 11054, 11055, 11056, 11057, 11058, or any similar offenses under the criminal or penal code of this state or any other state or country.

(`83 Code, § 5.24.020) (Ord. 97-17 § 2, 1997; Ord. 2011-05 § 8, 2011; Ord. 2016-03 § 1, 2016)

II. MASSAGE ESTABLISHMENT CERTIFICATION AND LICENSE

(A) It shall be unlawful and a misdemeanor, subject to punishment in accordance with this code, for any person to act as a massage practitioner unless such person holds and maintains a current, valid massage therapist or massage practitioner certification issued by the CAMTC. All massage practitioners shall file a copy of their current, valid massage therapist or massage practitioner certification with the Director.

(B) Any person who holds a current, valid permit to administer a massage issued by the city prior to the effective date of this chapter shall have six months from such effective date to comply with this section.

(C) In addition to the requirement set forth in division (A), it shall be unlawful for any person who acts as a massage practitioner and is not deemed to be an employee of any massage establishment in or upon any premises within the city to administer a massage within the city without first obtaining a business license issued by the city pursuant to Chapter 5.04 of this code.

(D) It shall be unlawful for a massage establishment to employ or retain any person to practice massage therapy for compensation, or to allow any person to perform massage therapy for compensation on the premises of a massage establishment or elsewhere, unless that person is a CAMTC - certified massage professional and is listed on the massage permit issued to the massage establishment.

(Ord. 2011-05 § 8, 2011; Ord. 2016-03 § 2, 2016)

It shall be unlawful for any person to own or operate a massage establishment in or upon any premises within the city without first obtaining a massage establishment license issued by the city pursuant to § 5.24.050 of this chapter. A separate massage establishment license shall be obtained for each separate massage establishment owned or operated by such a person.

(`83 Code, § 5.24.030) (Ord. 97-17 § 2, 1997; Ord. 2011-05 § 8, 2011)

(A) Any person who wishes to own or operate a massage establishment in or upon any premises within the city must file an application for a massage establishment license with the Director on a form provided by the Director.

(B) The applicant shall submit the following to the Director at the time of application:

(1) The full true name under which the business will be conducted. If the name is a fictitious name, all individual owners, stockholders, partners, and the like shall be identified.

(2) The exact nature of the massage treatments to be administered, the proposed place of business and facilities, and the name and address of the applicant.

(3) A copy of their current, valid massage therapist or massage practitioner certification or two passport-sized (two inches by two inches) color photographs of the applicant taken not more than six months preceding the date of application.

(4) A copy of the applicant’s drivers license or other state issued identification card.

(5) A copy of their current, valid massage therapist or massage practitioner certification or the applicant’s fingerprints on a form provided by the Monrovia Police Department.

(6) The history of the applicant as to the operation of any massage establishment or similar business or occupation within five years immediately preceding the filing of the application. Such information includes, but is not limited to, a statement as to whether or not such person, in previously operating a massage establishment within the state under a permit or license, has had such permit or license revoked or suspended and the reason, thereto.

(7) Whether the applicant has been convicted of a specified criminal activity and, if so, the particular statutory section, and the date, place, and jurisdiction of each such conviction.

(8) Business, occupation, or employment history of the applicant for the five years preceding the date of the application.

(9) (a) If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation, together with the names and residence addresses of each of its officers, directors, and each stockholder holding stock in the corporation, along with the amount of stock held.

(b) If the applicant is a partnership, the application shall set forth the name and residence addresses of each of the partners, including limited partners. If one or more of the partners is a corporation, the provisions of this section pertaining to a corporate applicant shall apply.

(c) If the applicant is a limited liability company, the name of the company shall be set forth exactly as shown in its articles of organization or operating agreement, together with the names and residence addresses of each of its officers, directors, and each member along with a description of the relative interest of the members.

(10) A non-refundable fee, in the amount established by resolution of the City Council, that is used to defray the costs of investigation, reporting, and related application processing procedures.

(11) Whether massage practitioners employed by, or performing services for the massage establishment will perform outcall massage services.

(C) The Director shall approve and issue a massage establishment license if there are no grounds for denial pursuant to division (D) of this section; otherwise, the application shall be denied. The Director shall give notice of the approval or denial of the license in writing by first class mail within 60 calendar days of the filing of a complete application. If the application is denied, the Director shall attach a statement of reasons for the denial to the notice.

(D) The Director shall deny an application for a massage establishment license where any of the following conditions exist:

(1) The applicant has made one or more material misstatements in the application.

(2) The applicant, or the partners, limited partners, shareholders, members, officers, or the manager of the applicant, or any such individual, is a person who has engaged in disqualifying conduct in the past five years.

(3) The massage establishment, as proposed by the applicant, would not comply with all applicable laws.

(4) The applicant proposes to employ a person who has engaged in disqualifying conduct in the past five years.

(5) The applicant has violated any provision of this chapter, or any similar ordinance, law, rule, or regulation of any other public agency that regulates the operation of massage establishments.

(6) The applicant is less than 18 years of age.

(E) A massage establishment license shall be valid for a period of one year from the date of issuance.

(F) The Development Review Committee shall conduct an annual review of all licensed massage establishments to determine whether such establishments operate in accordance with applicable provisions of this code and other law, including Title 17. The Committee shall review information collected by the Police Department, the Code Enforcement Division and the Planning Division as well as other information available to the city to determine whether the operation of any licensed massage establishment constitutes a public nuisance as defined elsewhere in this code.

(`83 Code, §§ 5.24.040 - 5.24.070) (Ord. 97-17 § 2, 1997; Ord. 2011-05 § 8, 2011; Ord. 2016-03 § 3, 2016)

All massage establishments and practitioners shall maintain on its premises evidence that demonstrates all persons providing massage services are certified by the CAMTC.

(Ord. 2011-05 § 8, 2011)

All massage establishments shall comply with the following operations and facilities requirements:

(A) No massage establishment shall be kept open for business between the hours of 9:00 p.m. and 6:59 a.m.

(B) At least one responsible person acting as manager shall be on the premises at all times the establishment is open for business. The manager shall be familiar with the requirements of this chapter and shall be capable of communicating such requirements to employees and patrons of the establishment.

(C) Each massage establishment shall post and maintain a list of massage services available and the cost of such services in a conspicuous public place such as the lobby area or any other location on the premises as the manager deems appropriate. No manager shall permit, and massage practitioner shall offer to perform or perform, any other service other than those posted.

(D) No massage establishment or part thereof where massage services are being administered shall be equipped with any device used, or capable of being used, for recording, videotaping or monitoring the activities, conversation, or other sounds in the cubicles, rooms, booths or other areas used by patrons.

(E) No alcoholic beverages shall be sold, served, furnished, kept, or possessed on the premises of any massage establishment.

(F) Each massage establishment shall maintain a record which includes the date and time of each massage, the name and address of the patron, the name of the massage practitioner administering the massage, and the type of massage administered or given. Such records shall be available for inspection pursuant to this chapter.

(G) No massage shall be provided to or upon a minor without the consent of a parent or legal guardian.

(H) Facility requirements.

(1) No massage services shall be given within any cubicle, room, booth or other area which is fitted with a door capable of being locked if there is staff available to assure the security of patrons and massage practitioners who are behind closed doors. The massage establishment premises' exterior doors and any doors separating the waiting or reception area from the remainder of the premises shall remain unlocked during business hours. Electronic locking devices shall not be used. The requirement that exterior doors must remain unlocked at all times does not apply to any massage establishment owned by one individual with no employees or independent contractors.

(2) Minimum ventilation shall be provided in accordance with the applicable provisions of the construction codes adopted by the city as set forth in Title 15 of this code. To allow for adequate ventilation in cubicles, rooms, and areas provided for patrons’ use, which are not serviced directly by required windows or mechanical systems of ventilation, partitions shall be constructed so that the height of the partition does not exceed 75% of the floor-to-ceiling height of the area in which they are located.

(3) All plumbing and electrical installations shall be installed under permit and inspection of the city’s Building Department, and such installations shall be installed in accordance with the applicable provisions of the construction codes adopted by the city as set forth in Title 15 of this code and other applicable codes.

(4) At least one artificial light of not less than a 60-watt bulb, or equivalent light, shall be provided, hung in accordance with the building code adopted by the city, directly above any work table or booth where massage services are administered to patrons.

(5) The walls in all rooms where water or steam baths are given shall have a washable, mold-resistant surface.

(6) Adequate bathing, dressing, locker and toilet facilities shall be provided for all patrons of the establishment. Separate facilities, including baths, dressing rooms, and cubicles, rooms, or booths used for the administration of massage services, shall be provided for male and female patrons. A separate locker shall be provided for each patron within the premises at any one time, which locker shall be capable of being locked.

(7) A minimum of one separate wash basin shall be provided for massage practitioners who work at the establishment at any one time. All wash basins shall be provided with hot and cold running water and soap.

(8) Except in emergencies, patrons shall be directed to use the front or street facing entrance and exit.

(9) All payment for services, including gratuities, shall be exchanged in a reception room or other central area, if any, and not within any of the massage rooms.

(I) All other applicable ordinances, laws, rules and regulations shall be satisfied.

(`83 Code, § 5.24.080) (Ord. 97-17 § 2, 1997; Ord. 2011-05 § 8, 2011; Ord. 2016-03 §§ 4, 5, 2016)

All massage establishments shall comply with the following health, safety, and physical hygiene requirements:

(A) Separate closed cabinets shall be provided for the storage of clean and soiled linen, and shall be plainly marked “clean linen” and “soiled linen.”

(B) Clean and sanitary towels, sheets, and linens shall be provided in sufficient quantity. Towels, sheets and linens shall not be used by more than one person. Reuse of such towels, sheets or linens is prohibited unless the same has first been laundered.

(C) All walls, ceilings, floors, pools, showers, bathtubs, steam rooms, and all physical facilities including appliances and apparatuses of the establishment must be in good repair and maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor rooms, or steam vapor cabinets, shower compartments, and toilet rooms shall be thoroughly cleaned and disinfected each day the massage establishment is in operation. Bathtubs shall be thoroughly cleaned and disinfected after each use.

(D) Disinfecting agents and sterilizing equipment shall be provided for any instruments used in administering any massage and shall be disinfected and sterilized after each use.

(E) Pads used on massage tables shall be covered with durable, washable plastic or other acceptable waterproof material.

(F) A clean sheet or other effective sanitary covering shall be placed over any table, floor or other area upon which a patron will lie in the course of receiving a massage. Heavy white paper may be substituted for sheets, provided that such paper is used once for each person and then discarded into a sanitary receptacle. The sheet or other covering shall be deposited in the “soiled linen” cabinet at the conclusion of any massage service.

(G) All employees and massage practitioners, including those who administer outcall massages and individuals who are not employed by but are retained to administer massage services for any massage establishment, shall be dressed appropriately in clean, opaque clothing which do not expose specified anatomical areas, as defined in this chapter, when administering massage services. DRESSED APPROPRIATELY shall further mean clothing which, at a minimum, is not:

(1) Attire that is transparent, see-through, or substantially exposes the certificate holder's undergarments.

(2) Swim attire, if not providing a water-based massage.

(3) Exposing the certificate holder's breasts, buttocks, or genitals.

(4) A violation of § 314 of the Penal Code.

(5) Deemed by the CAMTC to constitute unprofessional attire.

(H) There shall be no nudity by employees of the massage establishment, and employees shall not reveal specified anatomical areas, as defined in this chapter, while customers or patrons are present. All patrons shall be appropriately draped with a clean, white, opaque towel sufficient to cover specified anatomical areas while receiving massage services.

(I) All liquids, creams, or other preparations used on or made available to patrons shall be kept in clean and closed containers. Powders may be kept in clean shakers. All bottles and containers shall be distinctly and correctly labeled to disclose their contents. When only a portion of a liquid, cream, or other preparation is to be used on or made available to a patron, it shall be removed from the container in such a way as not to contaminate the remaining portion.

(`83 Code, § 5.24.080) (Ord. 97-17 § 2, 1997; 2011-05 § 8, 2011; Ord. 2016-03 § 6, 2016)

(A) It shall be unlawful for a massage practitioner who is not employed by a massage establishment to administer an outcall massage within the city without first obtaining a business license issued by the city pursuant to Chapter 5.04 of this code.

(B) It is unlawful for any holder of a permit issued pursuant to this chapter to perform any treatment covered by this chapter at the permittee's place of residence or at the residence of a massage therapist employed or retained by the permittee, if the permittee is the establishment.

(C) All massage practitioners who administer outcall massages within the city shall comply with the hours requirements set forth in § 5.24.070(A) and the provisions of § 5.24.080 of this chapter.

(`83 Code, § 5.24.080) (Ord. 97-17 § 2, 1997; 2011-05 § 8, 2011; Ord. 2016-03 § 7, 2016)

No person licensed to own or operate a massage establishment shall operate under any name or conduct business under any designation not specified in the massage establishment license.

(`83 Code, § 5.24.090) (Ord. 97-17 § 2, 1997; Ord. 2011-05 § 8, 2011)

Upon a change of location of any massage establishment, an application shall be made to the Director, and such application shall be granted, provided all applicable provisions of this chapter and Title 17 of this code are complied with and a change of location fee in an amount established by City Council resolution to defray the costs of investigation and reporting has been paid to the city.

(`83 Code, § 5.24.100) (Ord. 97-17 § 2, 1997; Ord. 2011-05 § 8, 2011)

No license issued under this chapter shall be transferred or assigned, nor shall such transfer or assignment be construed as authorizing any person other than the licensee to own or operate a massage establishment in or upon any premises within the city.

(`83 Code, § 5.24.110) (Ord. 97-17 § 2, 1997; Ord. 2011-05 § 8, 2011)

Any person who owns or operates a massage establishment shall display the massage establishment license issued by the city for such establishment, and the massage therapist or massage practitioner certification issued by the CAMTC and photo of each and every massage practitioner employed in such establishment, in an open and conspicuous place on the premises.

(`83 Code, § 5.24.120) (Ord. 97-17 § 2, 1997; Ord. 2011-05 § 8, 2011)

It is a violation of this chapter:

(A) For any person who does not possess a valid massage therapist or massage practitioner certification issued by the CAMTC, and for any massage establishment that employs or retains the services of such a person, to falsely state or advertise or put out any sign or card or other device, or falsely represent to the public through any print or electronic media, that he or she or any other individual is licensed, certified, or registered by a governmental agency as a massage therapist or massage practitioner, or that an establishment is registered pursuant to this chapter.

(B) For a certificate holder or massage establishment to engage in sexually suggestive advertising related to massage services.

(Ord. 2011-05 § 8, 2011; Ord. 2016-03 § 8, 2016)

Any and all investigating officials of the city shall have the right to enter massage establishments from time to time during regular business hours to make reasonable inspections to observe and enforce compliance with building, fire, electrical, plumbing, or health and safety regulations, and to ascertain whether there is compliance with the provisions of this chapter.

(`83 Code, § 5.24.130) (Ord. 97-17 § 2, 1997; Ord. 2011-05 § 8, 2011)

The requirements of this chapter shall be deemed conditions of massage establishment license approvals. Failure to comply with every such requirement shall be grounds for suspension or revocation of a massage establishment license.

(`83 Code, § 5.24.140) (Ord. 97-17 § 2, 1997; Ord. 2011-05 § 8, 2011)

(A) Except as provided in division (B) of this section, this chapter shall not apply to the following classes of individuals while they are engaged in the performance of their respective professions:

(1) Physicians, surgeons, chiropractors, or osteopaths who are duly licensed to practice their respective professions in the State of California under the provisions of the California Business and Professions Code, while performing activities encompassed by such professional licenses.

(2) Nurses or physical therapists who are duly licensed to practice their professions in the State of California under the provisions of the California Business and Professions Code, while performing activities encompassed by such professional licenses.

(3) Other health care personnel, including acupuncturists, engaged in the healing arts that are regulated and licensed by the State of California pursuant to Division 2 of the California Business and Professions Code.

(4) Athletic trainers certified by the State of California performing training services at bona fide professional, amateur or school athletic events or practices.

(5) Barbers or cosmetologists, including manicurists, estheticians and electrologists, lawfully carrying out their particular occupation or business, who are duly licensed by the State of California, provided that nothing in this division (A) shall authorize a barber or cosmetologist to provide massage services beyond the scope of that person’s license or certificate, and such massage is limited solely to the neck, face, scalp, feet, and hands and arms of their patrons. Noting in this division (A) shall exempt any establishment from the CAMTC certification requirements provided in this chapter if massage services are provided by anyone other than a barber or cosmetologist.

(B) Any person who is employed by any person or persons duly exempted under division (A) of this section and administers massage services within the scope of his or her employment shall be required to obtain a massage therapist or massage practitioner certification from the CAMTC.

(`83 Code, § 5.24.280) (Ord. 97-17 § 2, 1997; Ord. 2011-05 § 8, 2011)

The provisions of this chapter regulating massage establishments and massage practitioners are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other applicable provisions of this code or other law.

(`83 Code, § 5.24.290) (Ord. 97-17 § 2, 1997; Ord. 2011-05 § 8, 2011)

If the provisions of this chapter conflict with or contravene other provisions of this code, the provisions of this chapter shall prevail as to all matters and questions arising out of the subject matter of this chapter.

(`83 Code, § 5.24.300) (Ord. 97-17 § 2, 1997; Ord. 2011-05 § 8, 2011)

The Community Development Director may deny an application for a license and suspend or revoke a license if it is found that any of the applicable requirements of this Chapter 5.24 are not satisfied, including any conviction for, or the permitting of, a specified criminal offense, recent history of suspension or revocation of certification by the CAMTC, or that the applicant has provided materially false information to the city.

(Ord. 2016-03 § 9, 2016)

(A) Any person whose license or permit is suspended or revoked by the Community Development Director may appeal to the Planning Commission by filing a written declaration with the City Clerk within 14 calendar days after the decision of the Community Development Director; provided, however, that if the 14 days expires on a date that City Hall is not open for business, then the appeal period shall be extended to the next city business day. Such declaration shall indicate the ground(s) upon which the appeal is based.

(B) Failure to file a timely appeal petition deprives the Planning Commission of jurisdiction to hear the appeal.

(C) Upon the filing of a timely appeal, the Planning Commission shall hold a hearing on the suspension or revocation of the license. Notice of the time, date and place of the hearing shall be mailed to the licensee, or shall be personally delivered, at least ten days prior to the date of the hearing.

(D) The following procedures shall govern the hearing conducted by the Planning Commission. All parties involved shall have a right to: (1) offer testimonial, documentary and tangible evidence bearing on the issues; (2) be represented by counsel; and (3) confront and cross-examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing may be continued for a reasonable time for the convenience of a party or a witness.

(E) At the conclusion of the hearing, or at any time within 30 days thereafter, the Planning Commission shall render a decision. The Planning Commission may affirm, modify or reverse the action of the Community Development Director. The decision of the Planning Commission shall be made in writing, shall be supported by findings, and shall be final.

(F) No later than three city business days after the Planning Commission's decision, notice of the decision and a copy thereof shall be mailed by first-class mail, postage prepaid, to the appellant. Such notice shall contain the substance of the following statement: "You are hereby notified that the time within which judicial review of this decision may be sought is governed by Cal. Code of Civil Procedure § 1094.6.

(Ord. 2016-03 § 10, 2016)

Judicial review of the decision of the Planning Commission may be sought in accordance with Cal. Code of Civil Procedure §§ 1094.5 et seq. or as otherwise permitted by law.

(Ord. 2016-03 § 11, 2016)