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Home My WebLink AboutAdopt Interim Ordinance No. 4052 Extending Massage Business f-`Dept.ID CA 15-006 Page 1 of 2 Meeting Date:4/6/2015 ,, o godcz� 4mb 4.6DP7E-6 ' CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 4/6/2015 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Michael E. Gates, City Attorney PREPARED BY: Michael E. Gates, City Attorney SUBJECT: Adopt Interim Ordinance No. 4052 Extending Massage Business Moratorium Statement of Issue: Interim Ordinance No. 4046, placing a moratorium on new massage establishments, was adopted on March 2, 2015, and will expire on April 16, 2015, unless extended as permitted by law. 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. 4052, "An Interim Ordinance of the City Council of the City of Huntington Beach, California, Extending the Moratorium on New Massage Establishments." Alternative Action(s): Deny the recommended interim ordinance and utilize existing laws to regulate new massage establishments until the City's new massage ordinance becomes effective. 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 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 Item 11. - 1 HB -324- Dept. ID CA 15-006 Page 2 of 2 Meeting Date:4/6/2015 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 March 2, 2015, in order to stem the proliferation of massage establishments long enough for City staff to introduce a new Municipal Code Ordinance, the City Council approved a moratorium on new massage establishments (Ordinance No. 4046). The ordinance was adopted on its first reading and is only effective for forty-five (45) days, but may be extended. Subsequently, the City Council approved the introduction of Ordinance No. 4049, which updates the City's regulations governing the operation of massage establishments. If approved on April 6, 2015, Ordinance 4049 will become effective on or about May 6, 2015. Staff recommends extending the moratorium for the statutory 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. Environmental Status: Not applicable. Strategic Plan Goal: Enhance and maintain public safety Attachment(s): 1. Ordinance No. 4052, "An Interim Ordinance of the City of Huntington Beach Extending the Moratorium on New Massage Establishments" HB -3)25- Item 11. - 2 ORDINANCE NO. 4052 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 establislunents 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 Goveriunent 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 establislunents 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 shall 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 1 15-4600/119192 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 establislulients in Huntington Beach in three years. New state legislation (AB 1147) provides cities with greater authority over massage establislunents. 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 establislunents. 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 establislunents 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 2 15-4600/119192 Ordinance NO . 4052 Goverm-nent 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 6`h day of April, 2015. �1 yor ATTEST: APPROVED O FORM: Clerk City Attorney1? REVIEW APPROVED: INITIATED PPRO ED: anager City Attorney 3 1 5-4600/1 1 9 1 92 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 Cork and ex-officio ClTrk Joan L. Fl m�City Clerk of the City Council of the City Deputy Cijy Clerk of Huntington Beach, California NOTICE OF PUBLIC HEARING CITY OF HUNTINGTON BEACH TO EXTEND THE MORATORIUM ON NEW MASSAGE ESTABLISHMENTS IN THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Council of the City of Huntington Beach in the City Council Chambers of the Civic Center located at 2000 Main Street, Huntington Beach, California, at the hour of 6:00 p.m. or as soon thereafter as possible on April 6, 2015, to extend the moratorium on new massage establishments set forth in Interim Ordinance No. 4046 for an additional period of ten months and fifteen days, or until ten days after the effective date of Ordinance No. 4049, whichever occurs first. This proposed extension applies City wide to any new massage establishment. If you challenge any of the above in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk at, or prior to the public hearing. All citizens are invited to attend the public hearing and provide the City Council with written and oral comments or ask questions concerning this item. The City of Huntington Beach endeavors to accommodate persons of handicapped status in the admission or access to, or treatment or employment in, City programs, or activities. The City of Huntington Beach is an equal opportunity employer. Dated: March 26, 2015 City of Huntington Beach JOAN FLYNN, City Clerk 2000 Main Street Huntington Beach, CA 92648 Telephone: (714) 536-5227 AgendaComment@surfcity-hb.org