HomeMy WebLinkAboutOrdinance 2023.011 Continuing the Occupational Licensing Requirement for Managers of Massage Establishments as set forth in Marana Town Code Title 9 (Business Regulations) GABRIELLA AZS-KELLY, RECORDER
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MARANA ORDINANCE NO. 2023.011
RELATING TO BUSINESS REGULATIONS; CONTINUING THE OCCUPATIONAL
LICENSING REQUIREMENT FOR MANAGERS OF MASSAGE ESTABLISHMENTS AS
SET FORTH IN MARANA TOWN CODE TITLE 9 (BUSINESS REGULATIONS),
CHAPTER 9-5 (MASSAGE ESTABLISHMENTS),SECTION 9-5-7(MANAGER LICENSE
REQUIRED; NON-TRANSFERABILITY) AND FINDING THAT THE LICENSING
REQUIREMENT IS NECESSARY TO PROTECT THE HEALTH,SAFETY OR WELFARE
OF THE PUBLIC; AND DECLARING AN EMERGENCY
WHEREAS the Town Council is authorized by A.R.S. § 32-4258 to adopt and
enforce regulations affecting the establishments, locations and settings in which
individuals, entities, and businesses engage in the practice of massage therapy; and
WHEREAS on February 15, 2011 the Town Council, via Ordinance No. 2011.01,
adopted Chapter 9-4 "Massage Establishments" adding regulatory provisions to the
Marana Town Code (MTC) designed to enhance professionalism of the massage service
industry in the Town and to protect the health and safety of the Town's citizens and
reduce unprofessional practices; and
WHEREAS on June 4, 2019, the Town Council, via Ordinance 2019.012,
renumbered Chapter 9-4 to Chapter 9-5; and
WHEREAS MTC 9-5-7 requires the manager of a massage establishment to obtain
a massage manager license ("manager license") from the Town thereby allowing the
Town, as part of the application and review process, to ensure compliance with Town
Code and to conduct a criminal background check on the applicant; and
WHEREAS effective August 3, 2018, the Arizona Legislature added section 9-842
to the Arizona Revised Statutes (A.R.S.) prohibiting a city or town from imposing an
occupational licensing requirement, such as a manager license,unless the requirement is
necessary to protect the health, safety or welfare of the public and requiring a public
hearing before adoption of an occupational licensing requirement; and
WHEREAS because the Town's manager license requirement was adopted prior
to the effective date of A.R.S. § 9-842, A.R.S. § 9-842(G) requires, in order to continue
enforcement of the requirement to obtain a massage manager license,that the Town hold
a public hearing to continue the manager license requirement three months prior to
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August 3, 2023 and to make the required findings that the occupational licensing
requirement is necessary to protect the public health, safety, or welfare of the public; and
WHEREAS the Town Council finds that the manager license requirement set forth
in MTC 9-5-7 is necessary to protect the public health, safety, or welfare of the public.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE TOWN OF MARANA, as follows:
SECTION 1. The Town Council finds that continuing enforcement of MTC 9-5-7
requiring a massage manager license is necessary to protect the public health, safety or
welfare of the public.
SECTION 2.The various town officers and employees are authorized and directed
to perform all acts necessary or desirable to give effect to this ordinance.
SECTION 3. All ordinances, resolutions, or motions and parts of ordinances,
resolutions, or motions of the Council in conflict with the provisions of this ordinance are
hereby repealed, effective as of the effective date of this ordinance.
SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, the decision shall not affect the validity of the remaining
portions of this ordinance.
SECTION 5. Since it is necessary for the preservation of the peace, health and
safety of the Town of Marana that this ordinance become immediately effective, an
emergency is hereby declared to exist, and this ordinance shall be effective immediately
upon its passage and adoption.
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PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA,
Arizona, this 4th day of April, 2023.
Mayor Ed Honea
ATTEST: APPROV D AS TO FORM:
David L. Udall, Town Clerk J.'airall, Town Attorney
AtP<S&
MARANA AZ
ESTABLISHED 1977
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