HomeMy WebLinkAboutAdopt Interim Ordinance No. 4046 regarding Massage Business 1/). ' .
'¢. Dept. ID PD-15-001 Page 1 of 2
Meeting Date:3/2/2015
_ CITY OF HUN TINGTON BEACH
REQUEST FOR. CITY COUNCILS ACTION
MEETING DATE: 3/2/2015
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Robert Handy, Chief of Police
SUBJECT: Adopt Interim Ordinance No. 4046 regarding Massage Business Moratorium
Statement of Issue:
Massage businesses in Huntington Beach have proliferated greatly in recent years. The City is
currently developing a massage establishment regulatory ordinance (HBMC and HBZSO) that will
be presented to City Council within the next couple of months. With the significant growth in the
number of massage establishments, there has been a significant impact to the City. The City has
also experienced a reduction in the public safety staff of the Police Department and an increase in
the disciplinary process with multiple massage establishments as the result of their illicit services
and/ or other misconduct.
With the recent passage of massage business/establishment moratoriums in neighboring cities,
such as Fountain Valley, it is necessary to impose a similar moratorium in Huntington Beach to
prevent an influx and further proliferation of massage businesses in Huntington Beach before this
City's new regulatory scheme has been fully developed and presented to City Council.
Financial Impact:
This moratorium will save money and resources for the City in that it will allow the City to develop a
more thoughtful approach to regulation, thereby producing a more cost-effective result.
Recommended Action:
Adopt Ordinance No. 4046, "An Interim Ordinance of the City Council of the City of Huntington
Beach Establishing a Temporary Moratorium on New Massage Establishments"while City staff
complete the development of the new massage establishment regulatory scheme (HBMC and
HBZSO).
Alternative Action(s):
Deny the recommended urgency ordinance and utilize existing laws to regulate new massage
establishments.
Analysis:
In November, 2009, the City Council approved regulatory changes with regard to massage
establishments to comply with newly enacted state law resulting in California Business and
Professions Codes 4600, et seq. These laws significantly reduced local governments' regulatory
authority in licensing, permitting, and land use by the formation of a State operated, non-profit
agency with legislative oversight called the California Massage Therapy Council (CAMTC). Most of
the licensing and monitoring responsibilities were transferred from the City to the State with the goal
HB -337- Item 10. - 1
Dept.1D PD-15-001 Page 2 of 2
Meeting Date:3/2/2015
of achieving consistency in the application of rules and regulations with respect to business
individuals involved in the massage therapy field. The changes approved by the City Council
included modifications to the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) and
Municipal Code Chapter 5.24 to bring the City's regulations into compliance with State Law.
In April 2013, the City Council approved further changes to the Huntington Beach Municipal Code,
Chapter 5.24, with regard to the regulation of massage establishments. These changes were
necessitated by the substantial increase in the number of massage establishments in Huntington
Beach as well as the existing regulatory scheme proving to be largely ineffective. The number of
massage establishments located in Huntington Beach had grown from nine (9) to sixty five (65)
during that time period. Based on information from the Police Department, illicit sexual activity
taking place in massage establishments had also increased dramatically as had the potential for
human trafficking often associated with the illicit sex trade.
In spite of the changes made to the Huntington Beach Municipal Code in April 2013, the number of
massage establishments continued to increase to over seventy (70). The Police Department has
recent information indicating illicit sexual activity is still taking place in massage establishments in
Huntington Beach.
On February 17, 2015, City staff from a variety of departments participated in a Study Session with
the City Council regarding the changes in state laws pertaining to the regulation of massage
establishments. A variety of potential changes to the Huntington Beach Municipal Code and the
Huntington Beach Zoning and Subdivision Ordinance were discussed at this public Study Session.
City Council ultimately directed staff to research regulation options and to begin the process to
amend Municipal Code Chapter 5.24 and the Zoning and Subdivision Ordinance (HBZSO) related
to massage establishments.
In order to stem the proliferation of massage establishments long enough for City staff to introduce
a new Municipal Code Ordinance and make changes to the Zoning and Subdivision Ordinance
(HBZSO), City staff has proposed an interim moratorium ordinance. The ordinance may be
adopted on its first reading and is only effective for forty-five (45) days, but may be extended.
Left unabated, the growth of illicit massage establishments in the City of Huntington Beach will
undoubtedly increase the potential for prostitution, human sex trafficking, increase the demands on
public safety staff and bring with it a significant erosion in the quality of life and safety in our
community.
Environmental Status:
Not Applicable
Strategic Plan Goal:
Enhance and Maintain Public Safety
Attachment(s):
#1 Ordinance No. 4046, "An Urgency Ordinance of the City of Huntington Beach Imposing an
Interim Moratorium on New Massage Establishments"
Item 10. - 2 HB -338-
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, Govermnent 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 establislunents 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 establislunents 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 Govermnent Code §65858, a moratoriu>n 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 Enviromnental 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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15-4600/117847
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.
VayoZ.,/
ATTEST: APPROVED A FORM:
eityv Clerk City Attorney
REVIE D APPROVED:
1p� ager
3
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:
March 12,2015
In accordance with the City Charter of said City City Verk and ex-officio Rrk
Joan L. F1Xliii,City Clerk of the City Council of the City
Deputy City Clerk of Huntington Beach, California
Print Request �� / / Page 1 of 1
Request: 21229 Entered on: 02/09/2015 09:32 AM
Customer Information
Name:Hoang Nguyen Phone:(714) 642-7873
Address:8261 Bolsa Ave. Alt. Phone:
Midway City, CA 92655 Email:bruce.sam@gmail.com
Request Classification
Topic:City Council - Share a Concern Request type:Comment
Status:Open Priority:Normal
Assigned to:Johanna Dombo Entered Via:Web
City Council:8 -All Members of City Council
Description
Dear the Honorable HB Mayor and City Council Members,
I work in the City of Huntington Beach and live in the adjacent city. I am in favor of the HBPD being given
back their tools to combat the problem of Human Trafficking in this city on the Council Meeting of
February 17. 1 cannot make this meeting due to my evening classes.
Sincerely,
Hoang Bruce Nguyen
Reason Closed
Date Expect Closed: 02/17/2015
Enter Field Notes Below
Notes:
Notes Taken By: Date:
http://user.govoutreach.com/surfcity/printrequest.php?curid=2055391&type=0 2/9/2015