HomeMy WebLinkAboutMassage Establishments - Proposed Ordinance 3951 - No Action Esparza, Patty
From: Flynn, Joan
Sent: Monday, June 04, 2012 11:49 AM
To: Esparza, Patty
Subject: FW: Massage Establishment Ordinance
Supplemental Communication
From: Wilson, Fred
Sent: Monday, June 04, 2012 11:33 AM
To: CITY COUNCIL
Cc: Don Hansen; Keith.Bohr; McGrath, Jennifer; Small, Ken; Flynn, Joan
Subject: FW: Massage Establishment Ordinance
I am forwarding this information to you from the City Attorney. It is a recommendation to remove the
massage establishments ordinance ( item # 21) from the agenda.
Fred
From: McGrath, Jennifer
:lent: Monday, June 04, 2012 11:09 AM
To: Wilson, Fred; Farrell, Lori Ann
Cc: Small, Ken
Subject: Massage Establishment Ordinance
After speaking with the Director of the California Massage Technicians Council, I am recommending the ordinance
limiting the number of establishments be removed from the agenda this evening. Recent changes in state law indicate
that the proposed regulation would not survive a legal challenge.
The Chief and I will be meeting with the Director on Monday,June 11, 2012,to discuss enforcement measures via state
law.
Jennifer
SUPPLEMENTAL
COMMUNICATION
Date: � Z-,(-z Z�L
Apnft Item No.
o Ae 0A) 7747A<L-�- U
Council/Agency Meeting Held:
Deferred/Continued to:
❑ Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signature
Council Meeting Date: June 4, 2012 Department ID Number: PD 12-006
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Kenneth W. Small, Chief of Police
SUBJECT: Approve for introduction Ordinance No. 3951 amending Chapter 5.24
of the Huntington Beach Municipal Code (HBMC) limiting the number
of massage establishments to thirty (30)
Statement of Issue: Adopt Ordinance Amending Huntington Beach Municipal Code
Chapter 5.24. Limiting the Number of Licensed Massage Establishments to Thirty (30).
Financial Impact: Not applicable.
Recommended Action: Motion to:
Adopt Ordinance No. 3951, "An Ordinance of the City of Huntington Beach Amending
Chapter 5.24 of the Huntington Beach Municipal Code Relating to the Number of Permitted
Massage Establishments."
Alternative Action(s): Do not adopt Ordinance No. 3951 and direct staff accordingly.
Analysis: Prior to 2006, Chapter 5.24 of the Huntington Beach Municipal Code limited the
number of massage establishments in the city to ten (10). In 2009, the chapter of the
Huntington Beach Municipal Code relating to Massage Establishments was amended to
incorporate state massage licensing requirements. During the modification, the section of
the chapter limiting the number of massage establishments to "10 maximum" was deleted.
Since the 2009 amendment, Huntington Beach has experienced significant growth in the
number of massage establishments. We currently have over sixty (60) known massage
establishments in the city, and there is no indication that the rapid growth in the number of
massage parlors has slowed down. When staff began discussing this matter about a month
ago there were 53 known massage parlors, now there are more than 60. Based on
investigations by the police department it is believed that many of the newer massage parlors
operate as fronts for prostitution activity. Approximately twenty (20) of these locations
actively advertise on known prostitution websites.
HB -875- Item 21. - I
REQUEST FOR COUNCIL, ACTION
MEETING DATE: 6/4/2012 DEPARTMENT ID NUMBER: PD 12-006
The Police Department Vice Unit has recently conducted investigations confirming
prostitution activity and made five prostitution arrests at massage parlors. A recent single-
day inspection of nineteen (19) massage establishments in operation uncovered various
code violations in seventeen (17) of those establishments. Nearly 100% of the massage
technicians encountered were female Asian immigrants. It is noteworthy that all of the
females arrested for prostitution at massage establishments have been female Asian
immigrants, leading to concerns of human trafficking. Investigation has also indicated many
of the massage parlor prostitutes perform unprotected sex acts causing alarming public
health concerns.
Considering the rapid growth in the number of massage establishments, the police
department lacks the resources to adequately monitor their activity and ensure compliance
with state and local laws and ordinances. Limiting the number of allowed massage
establishments will prohibit the unchecked growth we are now experiencing and provide the
police department an opportunity to investigate those establishments suspected of illicit
activity. Over time, the number of massage establishments would likely be reduced to a
more manageable number through attrition.
Establishments with a violation as provided in Huntington Beach Municipal Code Title 5 will
be evaluated based on the nature and number of violations. In most cases, the
establishment will be prohibited from renewing their business license upon expiration. More
serious cases may be pursued as business license revocations by the City Attorney at any
point in the licensing cycle.
Environmental Status: Not applicable.
Strategic Plan Goal: Maintain public safety
Attachment(s):
ENNIMEN
1. Ordinance No. 3951, "An Ordinance of the City of Huntington Beach Amending
Chapter 5.24 of the Huntington Beach Municipal Code Relating to the Number of
Permitted Massage Establishments."
Item 21. - 2 HB -876-
ATTACHMENT # 1
ORDINANCE NO. 3951
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 5.24 OF THE HUNTINGTON BEACH MUNICIPAL
CODE RELATING TO THE NUMBER OF PERMITTED MASSAGE ESTABLISHMENTS
Findings: In the interest of public health, safety, and welfare, the City wishes to curb the practice of
sex oriented businesses disguised as massage establishments from doing business in the City of
Huntington Beach. In addition, these establishments are an integral component of the illegal
trafficking of women. The Police Department has reported a proliferation of said illegal
establishments in the City in recent years. As a result, the City of Huntington Beach is limiting the
number of business license tax certificates to thirty (30) so that the business may be more easily
tracked and monitored for illegal activity.
NOW THEREFORE, the City Council of the City of Huntington Beach does hereby ordain
as follows:
SECTION 1. Section 5.24.165 is hereby added to Chapter 5.24 of the Huntington Beach
Municipal Code said section to read as follows:
5.24.165 Number of Business Licenses Limited. After the effective date of this ordinance, no
more than thirty (30) business licenses for massage establishments or organizations will be issued
by the City. Existing massage establishments or organizations with valid business licenses will be
permitted to continue operating and shall be permitted to renew their business license annually
unless a violation of HBMC Title 5 has occurred.
SECTION2. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting thereof held on the-day of , 2012.
Mayor
ATTEST: INITIATED AND APPROVED:
City Clerk Police Chief
REV,&APPROVED: _"�-ROVED AS TO FORM:
J� -- M Z'
Cii�Manager -j ��
C4 Attorney
06-449.001/79847
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DELETIONS &4ik44eugh
ClrcJnance No. 3951
LEGISLATIVE DRAFT
Adding Section 5.24.165
5.24.160 Massage establishment—Facilities. Every massage establishment shall maintain
facilities meeting the following requirements:
(a) Sign- subject to applicable provisions of the City's codes, a recognizable and legible
sign shall be posted at the main entrance identifying the business as a massage
establishment.
(b) Lighting - minimum lighting shall be provided in accordance with the Electrical Code
adopted by the City and, in addition, at least one artificial light of not less than forty (40)
watts shall be provided in each room or enclosure where massage services are performed
on patrons and shall be activated at all times while a patron is in such room or enclosure.
(3267-9/95,3694-2/05)
(c) Equipment - adequate equipment for disinfecting and sterilizing instruments used in
performing the acts of massage shall be provided. (3694-2/05)
(d) Water-hot and cold running water shall be provided at all times. (3694-2/05)
(e) Linen storage - closed cabinets shall be provided and utilized for storage of clean linens,
and approved receptacles shall be provided for the deposit of soiled linen. (2395-11/79,
3267-9/95,3694-2/05)
(f) Separation of sexes - if male and female patrons are to be served simultaneously at the
massage establishment, a separate massage room or rooms and separate dressing,
bathing and toilet facilities shall be provided and utilized for male and female patrons.
Each separate facility or room shall be clearly marked as such. (2395-11/79, 3267-9/95, 3694-
2/05, 3844-11/09)
(g) Massage table pads -pads used on massage tables shall be covered in a professional
manner with durable, washable plastic or other waterproof material acceptable to Orange
County Health Department. (3694-2/05, 3844-11/09)
5,24,165 Number of Business Licenses Limited, After the effective date of this ordinance-no
more than thirty (30) business licenses for massage establishmentsor organizations will be issued
by the City. Existing massage establishments or organizations with valid business licenses will be
permitted to continue operating and shall be permittedto renew their business license annually
unless a violation of HBMC Title 5 has occurred.
5.24.170 Massage establishment operation. Every massage establishment shall comply
with the following operating requirements:
(a) (1) Each person employed or acting as a massage therapist or massage practitioner shall
have a valid certificate issued by the Massage Therapy Organization, a clearly
legible copy of which shall be conspicuously posted in the room or location where
massage services will be provided. (2395-11/79, 3267-9/95, 3467-6/00, 3844-11/09)
06449.001/20
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(2) It is unlawful for the owner, operator, responsible managing employee, manager or
certificate holder in charge of or in control of the massage establishment to employ
or permit a person to act as a massage therapist or massage practitioner who does not
possess a valid massage therapist or massage practitioner certificate issued by the
Massage Therapy Organization. (3467-6/00, 3844-11/09)
(3) No business, except those exempted under section 5.24.150 herein, may employ
anyone to provide massage or allow anyone to massage unless the massage provider
possesses a valid massage certificate issued by the Massage Therapy Organization.
(3467-6/00,
3694-2/05, 3844-11/09)
(b) Bath and massage operations shall be carried on and the premises shall be open only
between the hours of 7 a.m. and 9 p.m. A massage begun any time before 9 p.m. must
nevertheless terminate at 9 p.m. No person, whether certified or not, may provide
massage in exchange for compensation after 9:00 p.m. (2395-11/79, 3267-9/95, 3467-6/00,
3844-11/09)
(c) A list of services shall be posted in an open, public place on the premises, and shall be
described in readily understood language. No owner, operator, responsible managing
employee, manager, or certificate holder shall permit, and no massage therapist or
massage practitioner shall offer to perform any services other than those posted. (3844-
11/09)
(d) Any massage establishment or business shall maintain on its premises evidence for
review by local authorities that demonstrates that all persons providing massage services
are certified by the Massage Therapy Organization. (2395-11/79, 3267-9/95, 3844-11/09)
(e) Each massage therapist and massage practitioner shall wear a name tag while
administering a massage and which shall be worn on outer clothing and be clearly
visible. The massage therapist and massage practitioner shall not use any name other
than specified on their certificate while on duty. (3267-9/95,3844-11/09)
(f) Massage therapists and massage practitioners shall be fully clothed at all times. Clothing
shall be of a fully opaque, non-transparent material and provide the complete covering
from mid-thigh to three (3) inches below the collarbone. (3267-9/95,3844-11/09)
(g) Areas where massages are to be performed shall be separated by a non-lockable door
unless there is no staff available to assure security for clients and massage staff who are
behind closed doors. Said door shall not be equipped with a"peep hole" or any other
device that allows anyone to see into or out of this room when the door is closed. (3694-
2/05, 3844-11/09)
(h) Towels and linens shall not be used on more than one (1)patron unless they have first
been laundered and disinfected. Disposable towels and coverings shall not be used on
more than one (1)patron. (2395-11/79, 3267-9/95)
(i) Wet and dry heat rooms, steam or vapor rooms or cabinets, shower rooms and
compartments,toilet rooms and pools shall be thoroughly cleaned and disinfected as
needed, and at least once each day the premises are open, with a disinfectant approved
by the Health Department. Bathtubs shall be thoroughly cleaned after each use. All
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06449.001/20
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walls, ceilings, floors, and other physical facilities for the establishment must be in good
repair and maintained in a clean and sanitary condition. (2395-11/79,3267-9/95)
(j) Instruments utilized in performing massage shall not be used on more than one (1)
patron unless they have been sterilized using approved sterilizing methods. (2395-11/79,
3267-9/95)
(k) Where a covering is furnished by the massage establishment, it shall not be used by
more than one (1) patron until it has first been laundered and disinfected. (2395-11/79,
3267-9/95)
(1) The owner or operator of the massage establishment shall keep a complete and current
list of the names and residence addresses of all massage therapists, massage practitioners
and employees of the massage establishment, and the name and residence addresses of
the manager or managing employee purported to be principally in charge of the
operation of the massage establishment. This roster shall be kept at the premises and be
available for inspection by officials charged with enforcement of this chapter. (3267-9/95,
3844-11/09)
(m)Every massage establishment shall keep a written record of the date and hour of each
treatment administered, the name and address of each patron, the name of the massage
therapist or massage practitioner administering treatment, and the type of treatment
administered,to be recorded on a patron release form. Such written record shall be open
to inspection by officials charged with enforcement of this chapter. Such records shall be
kept on the premises of the massage establishment for a period of two (2) years.
(3267-9/95, 3844-11/09)
(n) No part of the establishment shall be used for residential or sleeping purposes. (3267-9/95,
3844-11/09)
(o) No person shall enter, be, or remain in any part of a massage establishment while in the
possession of, consuming, or using any alcoholic beverage or drug except a prescription
drug. The responsible owner, operator, managing employee, manager or permittee shall
not permit any such person to enter or remain upon such premises. (2395-11/79, 3267-9/95,
3844-11/09)
(p) Every massage establishment shall be open at all times during hours during which
massage is being provided for inspection by any officer of the City of Huntington Beach.
(2395-11/79, 3267-9/95, 3467-6/00,3844-11/09)
(q) All doors leading into a massage establishment or area where massages are being
performed shall remain unlocked during business hours unless there is no staff available
to assure security for clients and massage staff who are behind closed doors.
(2395-11/79, 3267-9/95, 3844-11/09)
(r) No massage establishment shall simultaneously operate as a school of massage, or share
facilities with a school of massage. (2395-11/79, 2466-2/81,3267-9/95, 3844-11/09)
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