HomeMy WebLinkAboutOrdinance #4052 ��,� "e A7 ,6., �y
ORDINANCE NO. 4 0 5 2
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH, CALIFORNIA, EXTENDING THE MORATORIUM
ON NEW MASSAGE ESTABLISHMENTS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. FINDINGS. Interim Ordinance No. 4046, enacted by the City
Council of the City of Huntington Beach(the "City") on March 2, 2015, placed a forty-
five (45) day moratorium on new massage establishments in the City. In part, the
moratorium allows the City time to study whether new or additional regulations on
massage establishments are necessary to protect the public health, safety and welfare.
Section 65858 of the California Government Code allows an interim ordinance
enacted under the California Government Code to be extended for ten months and fifteen
days past the original 45-day interim period, following a noticed public hearing.
At least ten(10) days prior to April 6, 2015, the City Clerk caused to be published
in a newspaper of general circulation a notice advising that on April 6, 2015 at 6:00 p.m.
or as soon thereafter as the matter may be heard, the City Council will conduct a public
hearing to consider extending Interim Ordinance No. 4046, and such public comment and
hearing was conducted on April 6, 2015 at the regular City Council meeting.
SECTION 2. EXTENSION OF MORATORIUM. The initial forty-five (45) day
moratorium on new massage establishments enacted by Ordinance No. 4046 is hereby
extended for a period of ten (10) months and fifteen (15) days, or until ten(10) days after
the effective date of Ordinance No. 4049, whichever occurs first. This extension sliall
take effect immediately.
SECTION 3. DECLARATION OF URGENCY, FINDINGS. Ordinance No.
4046, as well as the staff report in support of the Request for Council Action, advances
the idea that 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
that 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
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Ordinance No . 4052
ability to regulate massage establishments. Further, 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.
New state legislation (AB 1147) provides cities with greater authority over
massage establishments. 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.
The City Council has approved introduction of Ordinance No. 4049, which
provides new regulations concerning the operation of massage establishments. If adopted
by the City Council on April 6, 2015, Ordinance No. 4049 will become effective on or
about May 6, 2015.
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 effective date of Ordinance
No. 4049.
SECTION 4. EFFECTIVE DATE. The Council finds that the public health,
safety and welfare require that this ordinance become effective upon its adoption,
pursuant to California Government Code Section 65858.
SECTION 5. SEVERABILITY. 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.
SECTION 6. PUBLICATION. The City Clerk shall cause this ordinance to be
posted in three places designated by the 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
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Ordinance NO. 4052
Government Code. The City Clerk 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.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach
at a regular meeting thereof held on the 6th day of April, 2015.
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ATTEST: APPROVED �- O FORM:
Clerk City Attorney
REVI& APPROVED: :INTIATED P P R 0Y ED:
zll,
anager City Attorney
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Interim Ord.No. 4052
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 April 6, 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:
April 16,2015
In accordance with the City Charter of said City City Cyrk and ex-officio Cffrk
Joan L. Flynn, tyClerk of the City Council of the City
Deputy city Clerk of Huntington Beach, California