CC - Item 3B - Extension of Urgency Ordinance No. 945 to Prohibit Issuance Relating to Massage Establishments E M E
e, ROSEMEAD CITY COUNCIL
,ef STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGER I44-
DATE: FEBRUARY 10, 2015
SUBJECT: EXTENSION OF URGENCY ORDINANCE NO. 945 TO PROHIBIT
ISSUANCE OF ANY NEW PERMIT, LICENSE, APPROVAL, OR
ENTITLEMENT PERTAINING TO NEW MASSAGE ESTABLISHMENTS
OR THE RELOCATION OF MASSAGE ESTABLISHMENTS
SUMMARY
On December 9, 2014, pursuant to Government Code section 65858, the Rosemead City
Council enacted Urgency Ordinance No. 945 (Attachment "A"), which imposed a
moratorium 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 for a period
of 45 days. During this 45-day period, staff and the City Attorney begun the task of
analyzing and interpreting AB 1147 ("Massage Therapy Act of 2014") 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.
AB 1147 was signed into law by Governor Brown on September 18, 2014 and went into
effect on January 1, 2015. In summary, the bill authorizes the continuation of statewide
voluntary certification for massage therapists by the California Massage Therapy Council
and restores some renewed regulatory authority to local governments. However, the
extent of this renewed regulatory authority is still being analyzed. Due to City staff and the
City Attorney's on-going review of AB 1147, the limited 45-day period has not provided a
sufficient amount of time to undertake a thorough assessment of the City's current
massage ordinance and zoning regulations, to determine how they may need to be revised
for compliance with AB 1147. Therefore, this warrants the City Council's consideration for
the adoption of Urgency Interim Ordinance No. 946 to extend Urgency Ordinance No. 945
for a period of ten (10) months and fifteen (15) days.
Staff Recommendation
It is recommended that the City Council take the following actions:
1. Conduct the noticed public hearing and receive public comment, and
ITEM NUMBER:.31i4)
City Council Report
February 10,2015
Page 2 of 2
2. Adopt, as an urgency measure pursuant to California Government Code section
65858 (b), Ordinance No. 946 "An Urgency Ordinance of the City Council of the City
of Rosemead, California, continuing the provisions of Ordinance No. 945 for 10
months and 15 days to continue the moratorium on the issuance of any permits,
licenses, tax certificates, approvals, or entitlements for new massage
establishments or the relocation of massage establishments".
DISCUSSION
As indicated in the "10-Day Report" (Attachment C) and made available for public review
on January 29, 2015, in the limited time allotted by the Initial Ordinance, City staff and the
City Attorney's Office have been analyzing AB 1147 to determine the changes needed to
the City's current massage ordinance and zoning regulations, to ensure that the City has
adequate code language to legally regulate and license massage establishments.
Massage establishments remain a difficult business to monitor. Public Safety personnel
continually monitor these businesses; and advertisements on the web suggest that illegal
activities may be taking place at some of these locations. An extension of this moratorium
will allow City staff, in conjunction with the City Attorney's Office, time to continue studying
the effects of AB 1147 to determine whether the City municipal codes should be amended
with different, or additional provisions or regulations with respect to massage
establishments.
LEGAL REVIEW
This staff report and Ordinance No. 946 has been reviewed and approved by the City
Attorney.
PUBLIC NOTICE PROCESS
Pursuant to California Government Code Section 65091, this public hearing notice has
been published in at least one (1) newspaper of general circulation within the local agency,
as the number of owners of real property within 300 feet of the project site is greater 1,000.
Lastly, this notice is also posted in six (6) public locations, specifying the availability of the
application, plus the date, time and location of the public hearing.
Submitted by:
Michel mire
Community Development Director
Attachment A—Ordinance No. 945
Attachment B—Proposed Ordinance No. 946
Attachment C— 10-Day Report
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
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 it 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
0. 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 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 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 SB 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.
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 9th day of December, 2014.
Bill Alarcon, Mayor
City of Rosemead, California
ATTEST:
- •ria, Molleda, City Clerk
City of Rosemead, California
APPROVED AS TO FORM
Rachel H. Richman, City Attorney
Burke, Williams & Sorensen, LLP
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) SS.
CITY OF ROSEMEAD )
I, Gloria Molleda, City Clerk of the City of Rosemead, California do hereby certify that the
foregoing Urgency Ordinance No.945 was duly and regularly approved and adopted by the
Rosemead City Council on the 9th of December 2014, by the following vote to wit:
Yes: Alarcon, Armenia, Clark, Low, Ly
No: None
Absent: None
Abstain: None
Sol 1V11 J/
Gloria Molleda
City Clerk
ATTACHMENT "B"
ORDINANCE NO. 946
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ROSEMEAD, CALIFORNIA, EXTENDING THE
PROVISIONS OF ORDINANCE NO. 945 FOR 10 MONTHS AND
FIFTEEN DAYS TO CONTINUE THE MORATORIUM ON THE
ISSUANCE OF ANY NEW PERMIT, LICENSE, APPROVAL, OR
ENTITLEMENT PERTAINING TO NEW MASSAGE
ESTABLISHMENTS OR THE RELOCATION OF MASSAGE
ESTABLISHMENTS FOR 10 MONTHS 15 DAYS..
THE CITY COUNCIL OF THE CITY OF ROSEMEAD ORDAINS AS FOLLOWS:
SECTION 1. Findings.
A. At a duly noticed public hearing on December 9, 2014, and after hearing and
considering public testimony, the City Council adopted Ordinance No. 945 (with an
effective date of January 1, 2015), an interim urgency ordinance establishing a
moratorium on the issuance of any permit, license, approval, or entitlement
pertaining to new massage establishments or the relocation of massage
establishments; and
B. Government Code Section 65858(a) authorizes the City Council to continue the
effect of Ordinance No. 945 for a period of 10 months and 15 days subject to
appropriate findings; and
C. The findings made in Ordinance No. 945 are hereby reaffirmed, readopted and
incorporated by reference as though they were fully restated herein; and
D. Consistent with the requirements of Government Code section 65858(d), the City
issued a written report, describing the measures being taken to alleviate the
conditions which led to the adoption of the initial moratorium extension and the
need for the extension of the moratorium.
E. It remains necessary for the City to continue to undertake the review of its current
massage 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 remains
protected; and
F. There remains a significant oversaturation of massage establishments, a number
of which have been found in violation of the law, which changes the character of a
neighborhood, causes blights and impacts quality of life and the local economy by
compromising public trust; and
G. The City Council finds that there continues to be a current and immediate threat to
the public health, safety, and welfare based on the above findings, and upon that
basis determines that there is a need to adopt a moratorium ordinance prohibiting
the creation of new massage establishments or relocation of massage
establishments is warranted.
SECTION 2. Extension of Moratorium on Massage Establishments. The City
Council orders as follows:
In accordance with the authority granted the City of Rosemead under Government
Code Section 65858(a), and pursuant to the findings stated herein, Ordinance No. 945 is
hereby extended and the moratorium on the issuance of any permit, license, approval, or
entitlement pertaining to new massage establishments or relocation of massage
establishments, as set forth fully in Ordinance No. 945, shall remain in effect for an
additional period of 10 months and 15 days.
SECTION 3. Legal, Operational and Planning Study. The Community
Development Department and the City Attorney's Office are directed to continue 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 declared to be an
urgency ordinance by authority conferred on the City Council of the City of Rosemead by
Government Code Sections 36937 and 65858, and shall be in full force and effect
immediately upon its adoption by a four-fifths vote of the City Council
2
Ordinance No. 946
SECTION 7. Publication. The Mayor shall sign and the City Clerk shall certify to
the passage and adoption of this Ordinance and shall cause the same to be published
and posted pursuant to the provisions of law in that regard and this Ordinance shall take
effect immediately and shall be in effect for a period of 10 months and 15 days.
PASSED, APPROVED, AND ADOPTED this day of
2015.
William 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
3
Ordinance No. 946
ATTACHMENT C
10 DAY REPORT ON THE CITY OF ROSEMEAD'S
MORATORIUM ON THE APPROVAL OF APPLICATIONS
FOR NEW MASSAGE ESTABLISHMENTS OR THE
RELOCATION OF MASSAGE ESTABLISHMENTS
BACKGROUND
On December 9, 2014, pursuant to Government Code Section 65858, the Rosemead
City Council enacted Urgency Ordinance No. 945 (with an effective date of January 1,
2015), which imposed a moratorium on the 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 for a period of 45 days (the "Initial Ordinance").
This report is submitted in compliance with subsection (d) of Government Code section
65858, which requires the issuance of "a written report describing the measures taken
to alleviate the conditions which led to the adoption of the ordinance."
UPDATE ON THE MEASURES TAKEN TO ALLEVIATE THE CONDITIONS THAT
LED TO THE ADOPTION OF THE INITIAL ORDINANCE
1. AB 1147 was signed into law by Governor Brown on September 18, 2014 and
went into effect on January 1, 2015. In summary, the bill authorizes the continuation of
statewide voluntary certification for massage therapists by the California Massage
Therapy Council and restores local governments with some renewed regulatory
authority. In the limited time allotted by the Initial Ordinance, City staff and the City
Attorneys Office have begun the task of analyzing and interpreting AB 1147 ("Massage
Therapy Act of 2014") 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.
2. In addition, massage establishments remain a difficult business to monitor.
Public Safety personnel continually monitor these businesses; and advertisements on
the web suggest that illegal activities may be taking place at some of these locations.
An extension to the moratorium provides the City with the ability to prevent or enjoin any
additional illicit massage establishments while the City studies, drafts, and/or adopts
new regulations.
3. At this point, it is necessary that City staff and the City Attorney's Office continue
to studying the effects of AB 1147 and whether the City municipal codes should be
amended with different, or additional provisions or regulations with respect to massage
establishments to be consistent with AB 1147 and any judicial interpretations thereof.
Report on Massage Moratorium
Page 2 of 2
RECOMMENDATION
Due to City staff and the City Attorney's Office on-going review of AB 1147, staff
recommends adoption of the Extension Ordinance. If adopted by the City Council, the
Extension Ordinance would extend the moratorium 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 for a period of 10 months 15 days.