CC - Item 3B - Proposed 45-Day Interim Moratorium on Massage EstablismentsROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGER
DATE: DECEMBER 9, 2014
SUBJECT: PROPOSED 45 -DAY INTERIM MORATORIUM ON MASSAGE
ESTABLISHMENTS
SUMMARY
The proposed urgency ordinance would impose a 45 -day interim moratorium from the
effective date of January 1, 2015 on the issuance of any permits, licenses, tax certificates,
approvals, or entitlements for new massage establishments or the relocation of massage
establishments as such terms are defined in Rosemead Municipal Code ( "RMC ") Chapter
5.24.
Staff Recommendation
It is recommended that the City Council adopt the proposed urgency ordinance (Ordinance
No. 945) with an effective date of January 1, 2015, which is subject to a four -fifths (4 /5ths)
City Council approval requirement.
DISCUSSION
In 2008 the State passed California Senate Bill 731 (SB 731) and enacted Business and
Professions Code section 4600 et seq., the Massage Therapy Title Act (the "Act "), which
established a statewide standard for massage certifications and limited the ability of cities
to regulate the existence of massage establishments in their jurisdictions. SB 731 shifted
professional licensing from local governments to an entity known as the California
Massage Therapy Council ( "CAMTC"). Certificates issued by the CAMTC to qualified
applicants entitle the holder to practice massage therapy anywhere in the State, without
the necessity of complying with certain local rules. In addition, SB 731 required local
jurisdictions to treat massage establishments similar, from a zoning perspective, than other
personal services, such as medical, dental, and law offices. As a result of SB 731, in
2011, the City amended Chapter 5.24 of the RMC to update the City's massage regulation
to comply with the new more restrictive state law and to ensure that massage
establishments and massage practitioners were appropriately regulated to best ensure the
public safety, health, and welfare.
ITEM NUMBER:
City Council Report
December 9, 2014
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SIB 731 will sunset on January 1, 2015 and be replaced by AB 1147 ( "Massage Therapy
Act of 2014 "), which appears to revest local governments with some renewed regulatory
authority. Due to the aforementioned legislation and in order to ensure that the City's
business license and zoning provisions are adequate, and that massage establishments
will be regulated in a manner that protects the public and satisfies the policies, goals and
objectives of the General Plan, a thorough analysis of AB 1147 is necessary to determine
whether the City's current laws regarding massage establishments need to be amended to
be consistent with the new law while still providing comprehensive regulations for the
establishment, use, and operation of businesses offering massage services in the City.
Therefore, it is recommended that the City Council approve an urgency ordinance,
pursuant to the provisions of Section 65858 of the Government Code of the State of
California, adopting a temporary moratorium on the establishment, expansion, and
relocation of new and existing massage establishments within the City.
Because the existing state law (SB 731) will be replaced with a regulatory scheme (AB
1147) on January 1, 2015 and because this is the City Council's last meeting of this
calendar year, it is proposed that the urgency ordinance be approved enacting the
moratorium with an effective date of January 1, 2015.
Under State law, an initial moratorium may be adopted by a four -fifths (4 /5ths) vote of the
City Council, for a period of only 45 days. During that initial 45 -day period and after notice
and a hearing under Government Code Section 65090, staff may return to the City Council
with a request to extend the interim ordinance for up to 10 months and 15 days additional
time. The urgency ordinance could thereafter be extended one more time for 12 months
for a total of 2 years. City staff and the City Attorney's office do not intend to take the
entire moratorium time permitted before returning with proposed changes. It is the staff
and City Attorney's hope to have revisions presented to the City Council for consideration
in late spring.
LEGAL REVIEW
This staff report and Ordinance No. 945 has been reviewed and approved by the City
Attorney.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Submitted by:
A, �
Michelle G. Ramirez
Community Development Director
Attachment A — Proposed Ordinance No. 945
City Council Report
December 9, 2014
Pace 3 of 7
ATTACHMENT "A"
ORDINANCE NO. 945
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ROSEMEAD, CALIFORNIA, ADOPTING A CITYWIDE 45-
MORATORIUM ON THE ISSUANCE OF ANY NEW PERMIT,
LICENSE, APPROVAL, OR ENTITLEMENT PERTAINING TO NEW
MASSAGE ESTABLISHMENTS OR THE RELOCATION OF
MASSAGE ESTABLISHMENTS.
THE CITY COUNCIL OF THE CITY OF ROSEMEAD ORDAINS AS FOLLOWS:
SECTION 1. Findings.
A. The City of Rosemead ( "City ") has adopted a General Plan, including strategies to
invigorate the City's Prosperous Community as well as its Well- Planned and
Designed Community; and
B. Protection of public health, safety and welfare is fully articulated in the General
Plan; and
C. State law requires that the City's zoning ordinance, found at Chapter 17 of the
Rosemead Municipal Code ( "RMC "), conform with the General Plan's goals and
policies; and
D. In 2008, Senate Bill 731 ( "SB 731 ") was adopted by the Legislature and signed into
law by the Governor; it became effective on January 1, 2009 and is to sunset on
January 1, 2015. SB 731, which enacted Section 4600 et seq. of the Business and
Professions Code, preempted many local controls relating to massage therapy.
Significantly, the law shifted local regulation of massage therapists and practitioners
to a newly created entity known as the California Massage Therapy Council
( "CAMTC," formerly the Massage Therapy Organization). Certificates issued by the
CAMTC to qualified applicants entitle the holder to practice massage therapy
anywhere in the State, without the necessity of complying with certain local rules;
and
E. In 2011, Assembly Bill 619 ( "AB 619 ") and in 2012, Senate Bill 1238 ( "SB 1238 ")
amended various provisions of Business and Professions Code Section 4600 et
seq., further limiting the City's ability to regulate massage establishments; and
F. The state laws had the unintended consequence of resulting in a proliferation of
massage establishments throughout California, many of which were or are believed
to be fronts for prostitution and /or sex or human trafficking; and
City Council Report
December 9, 2014
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G. In September 2014, the Governor signed Assembly Bill 1147, which returns to local
governments the authority to more strictly regulate massage establishments. The
new law, which becomes effective on January 1, 2015, authorizes cities and
counties to enforce their zoning requirements on massage establishments, even if
the same requirements do not apply to other professional service providers; and
H. The City Council finds that current state law, with its significant limits on local land
use control of massage, has resulted in an alarming increase in the number of
massage establishments in the City, and
I. The City Council finds that in 2008, the City had 1 massage establishment and
currently has 13 such establishments; and
J. The City Council finds that 7 of these businesses, or 54% of all massage
establishments, lie along Valley Boulevard, one of the City's primary commercial
corridors, and
K. The City Council finds that city staff regularly receives complaints of suspect illicit
activity occurring at massage establishments. Massage establishments therefore
require a higher level of scrutiny and enforcement than other businesses in order to
ensure compliance with local and state laws, and
L. The City Council finds that a number of local massage establishments are
advertised or reviewed online in the adult entertainment section of backpage.com,
rubmaps.com and mpreviews.com, strongly suggesting illicit activity; and
M. The City Council finds that since 2012, the City has initiated action, whether
criminally or through the administrative citation process, against massage
establishment owners or operators; and
N. Though state law requires cities to treat massage the same as other professional
services, such as medical, dental, and law offices, massage businesses do not
conduct themselves like other professional service businesses, despite certification
by the CAMTC of their employees; and
O. The City Council finds that the oversaturation of massage establishments, a number
of which have been found in violation of the law, changes the character of a
neighborhood, causes blights and impacts quality of life and the local economy by
compromising public trust; and
P. The City Council further finds that with the passage of AB 1147, certain provisions
of the current massage ordinance, found at in Chapter 5.24 of the RMC, may
conflict with the new state law. As a result of the January 1, 2015 effective date of
AB 1147, it is urgent that the City undertake a review of its current massage
City Council Repoli
December 9, 2014
regulations in order to determine how such regulations may need to be revised in
order to be consistent with state law while still providing comprehensive regulations
for the establishment, use and operation of businesses offering massage services in
the City, so that the public health, safety and welfare remain protected; and
Ordinance 897 was adopted on May 11, 2010, imposing a moratorium on massage
establishments in order to allow staff to study the preemptive effect of SB 731 and
appropriately update the local ordinance. Section 65858(f) of the California
Government Code allows for additional moratoria relating to the same matter
provided that the new moratorium relates to an event, occurrence, or set of
circumstances different from the event, occurrence, or set of circumstances that led
to the adoption of the prior moratorium. A different event, occurrence, or set of
circumstances is present here. Since 2012, the explosive growth in the number of
establishments has resulted in a significant strain on City resources, and the new
state law, AB 1147, giving the city tools to more effectively deal with negative
associated impacts needs to be studied and explored.
SECTION 2. Moratorium on Massage Establishments. The City Council orders
as follows:
A. The findings and determinations in Section 1 are true and correct.
B. Based on the foregoing, the City Council finds and declares there is a current
and immediate threat to the public health, safety or welfare and upon that basis has
determined that an urgency ordinance pursuant to Government Code Section 65858 is
warranted and shall take effect immediately upon adoption by a four -fifths (4 /5ths) vote of
the City Council.
C. For a period of 45 days from the date of January 1, 2015, no permits,
licenses, approvals, or entitlements may be issued for new massage establishments or the
relocation of massage establishments as such terms are defined in RMC Chapter 5.24. In
addition, no existing massage establishment may be expanded, whether by means of
additional space, construction of new facility, or by reconfiguration.
D. For purposes of this ordinance, "massage business or establishment" shall
have the same meaning as in Chapter 5.24 of the RMC.
E. City staff is directed to study appropriate modifications to the City's massage
and zoning ordinances to reduce and /or mitigate negative secondary effects created by the
number, location and illicit uses of massage establishments. Pending the completion of
such studies and the adoption of an ordinance to establish appropriate operational and
zoning regulations, it is necessary for the immediate preservation of the public health,
safety and welfare that this ordinance takes effect immediately. In the absence of
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December 9, 2014
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immediate effectiveness, massage establishment uses in the City may be in conflict with
regulations or requirements established with respect thereto.
F. For the pendency of this moratorium, all sections of Chapter 5.24 of the
RMC, which relate to the operating requirements for massage establishments and
massage professionals, shall remain in full force and effect with respect to existing
massage businesses.
G. This ordinance shall not preclude the continued operation of any lawfully
existing massage establishment uses which are not seeking to expand, convert, relocate
or otherwise change their use, or the opening or commencement of any massage
establishment uses as a new business for which all discretionary and nondiscretionary
approvals have been made prior to the effective date of this ordinance.
SECTION 3. Legal. Operational and Planning Study. The Community
Development Department and the City Attorney's Office are directed to study and analyze
issues related to the establishment, permitting, and operation of massage establishments
within the City, and the potential impacts of such facilities on public health, safety and
welfare of the community, the desirability of such facilities in various zones, and the extent
of regulatory controls, if any, to impose on such facilities.
SECTION 4. Environmental Review. The City Council finds that this ordinance is
not subject to the California Environmental Quality Act (CEQA) pursuant to Sections
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect
physical change in the environment) and 15060(c)(3) (the activity is not a project as
defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title
14, Chapter 3, because it has no potential for resulting in physical change to the
environment, directly or indirectly; rather it prevents changes in the environment pending
the completion of the contemplated municipal code review.
SECTION 5. Severability. If any section, subsection, 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 will not affect the validity of the remaining
portions of this ordinance. The City Council hereby declares that it would have passed this
ordinance and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of the ordinance
would be subsequently declared invalid or unconstitutional.
SECTION 6. Effective Date and Duration. This ordinance is an urgency ordinance
enacted under California Government Code section 65858(a). This urgency ordinance is
effective January 1, 2015 (with the sunset of SIB 731 and effective date of AB 1147) and
will extend for a period of 45 days from this date at which time it will automatically expire
unless extended by the City Council in accordance with California Government Code
section 65858.
City Council Report
December 9, 2014
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SECTION 7. Publication. The City Clerk is directed to cause this ordinance to be
published in the manner required by law.
PASSED, APPROVED, AND ADOPTED this day of , 2014.
Bill Alarcon, Mayor
City of Rosemead, California
ATTEST:
Gloria, Molleda, City Clerk
City of Rosemead, California
APPROVED AS TO FORM
Rachel H. Richman, City Attorney
Burke, Williams & Sorensen, LLP