HomeMy WebLinkAbout50A - ORD MASSAGE PARLORS MORATORIUM
CITY COUNCIL MEETING DATE:
REQUEST FOR
COUNCIL ACTION
CLERK OF COUNCIL USE ONLY:
MAY 21, 2007
TITLE
EMERGENCY ORDINANCE ADOPTING A
45 DAY MORATORIUM FOR THE
ESTABLISHMENT OF MASSAGE PARLORS
APPROVED
o As Recommended
o As Amended
o Ordinance on 1 sl Reading
o Ordinance on 20d Reading
o Implementing Resolution
o Set Public Hearing For
~12
CIT MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Approve an emergency ordinance of the City of Santa Ana adopting a 45 day
temporary moratorium on the establishment of any new or expansion of any
existing massage parlor, or issuance of new (non-replacement) massage
technician permits.
DISCUSSION
In 2006 the City received only seven applications for massage related
permits. But in April of 2007 alone, the City received over twenty
applications. This upswing followed the March 2007 raid by the Orange
County District Attorney and the police departments of Orange and Anaheim
of ten facilities (massage parlors or acupuncture clinics) in Anaheim,
Orange, Tustin and Dana Point as being alleged fronts for prostitution.
A "massage parlor," is a facility whose business involves massage or
manipulation of the human body by any means that involves physical
contact with a masseur/masseuse or similar person. It does not include a
medical practitioner, chiropractor, acupuncturist, physical therapist or
similar professional person, if licensed by the State of California. Nor
does it include an athletic club, health club, school, gymnasium, state
licensed cosmetology or barber establishment, spa or similar
establishment
While some massage parlors are beneficial to the community and offer
needed services, others have been associated with a number of detrimental
impacts such as prostitution, late hours of operation, reduced property
values and noise. Provisions of Chapter 41 of the Santa Ana Municipal
Code do not specifically identify massage parlors as a land use or
designate zoning districts throughout the City where massage parlors may
be permitted. As such, these provisions of the Santa Ana Municipal Code
need review, study and possible revision in order to respond to recent
concerns relating to the impacts of massage parlors and the potential
establishment of new massage parlors in the City.
50A-1
Massage Parlor Moratorium
May 21, 2007
Page 2
In addition, Chapter 22 of the Code, which regulates massage
establishments and massage technicians and is enforced by the Police
Department, has been substantially unchanged since 1976. For comparison,
Anaheim, Orange and Costa Mesa have all updated their massage regulations
within the last four years.
Given these concerns, it is recommended that a study be undertaken of the
current provisions of the General Plan and Chapter 41 of the Code to
classify massage parlors and determine where and under what conditions
such businesses should be permitted in the City. In addition, Chapter 22
of the Code should be reviewed to determine whether it fully protects the
City. The proposed interim ordinance will prohibit the establishment of
any massage parlor, expansion of existing massage parlors, or issuance of
new (non-replacement) massage technician permits for a 45-day time
period.
During the 45-day interim ordinance period, a zoning study will be
performed together with an analysis of existing police department
regulations, which will assist in the preparation of a permanent
ordinance for massage establishments. An update on further study of this
issue and a public hearing to consider a potential extension will be
scheduled for the July 2, 2007 City Council meeting.
FISCAL IMPACT
There is no fiscal impact associated with this action.
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Executive Director
Planning & Building Agency
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Paul Walters'
Chief of Police
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50A-2
ORDINANCE NO. NS-XXXX
AN EMERGENCY ORDINANCE OF THE CITY OF
SANTA ANA ADOPTING A 45 DAY TEMPORARY
PROHIBITION ON THE CONSTRUCTION OR
ESTABLISHMENT OF ANY NEW MASSAGE
PARLOR
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of Santa Ana hereby finds, determines and
declares as follows:
A. Provisions of the General Plan of the City and Chapter 41 of the Santa Ana
Municipal Code do not specifically identify massage parlors as a land use or
specifically designate zoning districts throughout the City where massage
parlors mayor may not be permitted.
B. Because of its age, current provisions of the Santa Ana Municipal Code fail to
fully take into account the potential impacts associated with the establishment
of massage parlors and fail to address the needs of the City and its residents
today and in the future. As such, provisions of the General Plan and/or the
Santa Ana Municipal Code ("the Code"), including Chapters 22 and 41, need
review, study and possible revision in order to respond to recent concerns
relating to the potential establishment of new massage parlors, expansion of
existing massage parlors, or adding new massage technicians, within the
City.
C. Given these concerns, the City Council has requested that a study be
undertaken of the current provisions of the General Plan and Chapters 22 and
41 of the Code to classify massage parlors and determine where, and under
what conditions additional massage parlors should be permitted. In addition,
the City Council has requested an analysis of the current permitting scheme
for permitting of massage technicians to determine whether they fully meet
the needs of the City's residents.
D. Without adoption of this ordinance, properties in the City would quickly
receive entitlements to establish massage parlors, expand existing massage
parlors or persons would obtain permits to operate as massage technicians,
despite the fact that the city council has determined that the Code is in need
of updating and has directed that a study be done to recommend new
standards and revise the Code to address concerns created by new and
expanded permits for massage related activities.
Ordinance No. NS - XXXX
Page 1 of 5
50A-3
E. In all of calendar year 2006, the City received only seven applications for
massage related permits.
F. But in April of 2007 alone, the City received over twenty applications for
massage related permits.
G. This upswing closely followed the March 2007 raid by the Orange County
District Attorney and the police departments of Orange and Anaheim of ten
facilities (massage parlors or acupuncture clinics) in Anaheim, Orange, Tustin
and Dana Point as being alleged fronts for prostitution.
H. While some massage parlors are beneficial to the community and offer
needed services, others in southern California have been associated with a
number of detrimental impacts such as prostitution, late hours of operation,
reduced property values and noise
I. Chapter 22 of the Code, which regulates massage establishments and
massage technicians and is enforced by the Police Department, has been
substantially unchanged since 1976. For comparison, Anaheim, Orange and
Costa Mesa have all updated their massage regulations within the last four
years.
J. If massage parlors are permitted in the City and left as currently regulated,
they will pose a serious threat to the public interest, health, safety and welfare
for the reasons stated above:
K. In order to prevent frustration of said studies and the implementation thereof,
the public interest, health, safety and welfare require the immediate
enactment of this ordinance. The absence of this ordinance would create a
serious threat to the orderly and effective implementation of any code
amendments or general plan amendments which may be adopted by the city
as a result of the studies in that the establishment or construction of massage
parlors may be in conflict with or frustrate the contemplated updates and
revisions to the Code, general plans or specific plans. Moreover, permitting
massage parlors to be established or expanded, or new massage technicians
to be permitted during said studies and implementation would create impacts
on the public health, safety and welfare that the city council, in adopting this
ordinance, has found to be unacceptable.
L. The Request for Council Action for this ordinance dated May 21, 2007 and
duly signed by the City Manager shall, by this reference, be incorporated
herein, and together with this ordinance, any amendments or supplements,
and oral testimony constitute the necessary findings for this ordinance.
M. The city council finds, determines and declares that the current and
immediate threat to the public health, safety and welfare of the city and its
Ordinance No. NS - XXXX
Page 2 of 5
50A-4
citizens necessitates the immediate enactment of the ordinance. The facts
constituting such urgency are set forth in paragraphs A-L of this ordinance.
Section 2. Prohibition
a. No new massage parlor, whether as a primary use or an ancillary
use, shall be established, constructed, permitted or expanded in the City of Santa
Ana.
b. No new massage technician permit shall be issued in the City of
Santa Ana, expect that the City may issue a massage technician permit to any
permitted massage establishment to replace permitted massage technicians who
have left the establishment.
Section 3. Definitions
For the purposes of this ordinance, the following terms shall be defined as
follows:
A. "Massage" shall mean any method of treating the external parts of the
body for remedial, hygienic or any other reason or purpose, whether by
means of pressure, rubbing or other manner of touching external parts of
the body with the hands, or with the aid of any mechanical or electrical
apparatus with or without supplementary aids such as oils, powders,
creams or other similar preparations commonly used in this practice.
B. "Massage parlor" shall mean any facility or location or business conducted
within the City wherein any person, for money or any other consideration,
administers to another person a massage or health treatments involving
massage as a significant function. Massage parlor shall not include any
medical practitioner, chiropractor, acupuncturist, physical therapist or
similar professional person, if licensed by the State of California. Nor shall
massage parlor include an athletic club, health club, school, gymnasium,
state licensed cosmetology or barber establishment, spa or similar
establishment.
C. "Massage establishment" shall be defined as that term is defined in
section 22-1 (b) of the Code.
D. "Massage technician" shall be defined as that term is defined in section
22-1(c) of the Code.
E. "Primary use" shall mean a use that is not an ancillary use.
Ordinance No. NS - XXXX
Page 3 of 5
50A-5
F. "Ancillary use," shall be defined as that term is defined in section 41-13.5
of the Code.
Section 4.
This ordinance shall be adopted and thereafter be made immediately
effective by two-thirds (2/3) vote of the City Council members pursuant to Section
415 of the City Charter.
Section 5.
This ordinance shall have no further force and effect forty-five (45) days
from the date of its adoption; unless, however, after public hearing the City
Council members, by two-thirds (2/3) vote, extend this ordinance for an initial
period of ten (10) months and fifteen (15) days and thereafter, after public
hearing, the City Council members, by two-thirds (2/3) vote, extend this
ordinance one additional year.
Section 6.
The Clerk of the Council shall certify to the adoption of this ordinance and
cause the same to be published in the manner prescribed by law.
Section 7.
This ordinance is introduced, passed and adopted at one and the same
meeting and is thereafter immediately effective. The city council finds that this
ordinance is necessary to protect the public safety, health and welfare. The
reasons for the emergency are set forth in Section 1, paragraphs A-L, inclusive of
this ordinance.
ADOPTED this
day of
,2007.
Miguel A. Pulido
Mayor
Ordinance No. NS - XXXX
Page 4 of 5
50A-6
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Benjamin Kaufman
Chief Assistant City Attorney
AYES: Councilmembers
NOES: Council members
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Ordinance No. NS-XXX to be the original ordinance adopted by the City
Council of the City of Santa Ana on
Date:
Clerk of the Council
City of Santa Ana
Ordinance No. NS - XXXX
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