HomeMy WebLinkAboutOrdinance #4046 ORDINANCE NO. 4046
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH ESTABLISHING A TEMPORARY
MORATORIUM ON NEW MASSAGE ESTABLISHMENTS
WHEREAS, Government Code section 65858 provides that the City Council,to protect
public health, safety, and welfare, may adopt as an urgency measure an interim ordinance
prohibiting certain uses while the City studies those uses; and
Massage establishments have been problematic in this city for decades as illicit
establishments that have been used as fronts for prostitution and sex trafficking; and
The City has been hindered in being able to prevent unlawful activity since legislation
(SB 731 (Chapter 384 of California Statutes 2008)) preempted the City's ability to regulate
massage establishments; and
The passage of SB 731 in 2008 led to a substantial increase in illicit massage
establishments including an increase from 9 to 74 (a six hundred percent (600%) increase) in
massage establishments in Huntington Beach in three years; and
New state legislation (AB 1147) provides cities with greater authority over massage
establishments, but there remains conflicting interpretations over the extent of a city's authority
in this area, and city staff needs time to analyze the law; and
City staff needs time to study this issue and to present a recommendation to the City
Council as to how much authority the City has to regulate and to prepare recommended
regulations of these massage businesses; and
Efforts to investigate illegal massage businesses take away from other law enforcement
duties and are a drain on city services in an era of limited budgets and resources; and
The City Council does hereby find that the problem of illicit massage is a current and
immediate threat to the public health, safety and welfare of the community if new massage
establishments were to begin operation before the City can study and implement the authority
provided by AB 1147,
NOW, THEREFORE, the City Council of the City of Huntington Beach does ordain as
follows:
SECTION 1. That the above recitals are true and correct and are adopted as the City
Council's findings.
SECTION 2. In order to protect the public health, safety and welfare of the community
and pursuant to the provisions of Government Code §65858, a moratorium is hereby established
prohibiting new massage businesses in this City and new massage businesses for which an
application is not on file shall not be approved nor shall they operate while this moratorium is in
effect.
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Ordinance No. 4046
SECTION 3. That City staff is directed to study the operative effect of AB 1147 and
report back to the City Council in an expeditious manner before this ordinance or any lawful
extension expires.
SECTION 4. This ordinance is declared to be an urgency measure and interim ordinance
adopted pursuant to the provisions of Government Code Section 65858. As set forth in the
findings above, this ordinance is necessary for preserving the public health, safety and welfare of
the community. Accordingly, upon adoption by a four-fifths vote of the City Council, this
ordinance shall take effect immediately.
SECTION 5. That this ordinance is adopted by at least a 4/5 vote of the City Council.
SECTION 6. This ordinance shall be of no further force or effect upon the expiration of
forty-five (45) days from the date of adoption, unless extended in accordance with California
Government §65858.
SECTION 7. If any section, sentence, clause or phrase of this ordinance is for any reason
held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of this ordinance. The City
Council hereby declares that it would have passed this ordinance and adopted this ordinance and
each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
Further, the City Council hereby declares that this ordinance neither is intended to nor shall it
impair the obligation of existing contracts.
SECTION 8. The City Clerk shall cause this ordinance to be posted in three places
designated by City Council pursuant to City Charter Section 500(c) and published by title with a
brief summary at least once within fifteen (15) days after its adoption in a newspaper of general
circulation, published in the County of Orange and circulated in the City, in accordance with
Section 36933 of the California Government Code; shall certify to the adoption of this ordinance
and shall cause a certified copy of this ordinance, together with proof of publication, to be filed
in the Office of the Clerk of this City.
SECTION 9. The City Council finds that, regarding the California Environmental Quality
Act (CEQA), there is no possibility that the adoption of this ordinance may have a significant
adverse effect on the environment (CEQA Guideline 15061 (b)(3)).
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Ordinance No. 4046
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 2nd day of March , 2015.
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ATTEST: APPROVED AS,
OFORM:
ity Clerk City Attorney
REVIE D APPROVED:
lbl� ager
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15-4600/117847
Interim Ord. No. 4046
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing ordinance was read to said City
Council at a regular meeting thereof held on March 2,2015 and was passed and
adopted by at least five affirmative votes of said City Council.
AYES: Posey, O'Connell, Katapodis, Hardy, Sullivan, Delgleize, Peterson
NOES: None
ABSENT: None
ABSTAIN: None
I,JOAN L.FLYNN,CITY CLERK of the City of
Huntington Beach and ex-officio Clerk of the City
Council,do hereby certify that a synopsis of this
ordinance has been published in the Huntington Beach
Wave on: op
March 12,2015
In accordance with the City Charter of said City City joerk and ex-officio M&
Joan L. Flynn.City Clerk of the City Council of the City
Deputy City Clerk of Huntington Beach, California