HomeMy WebLinkAboutCC ORD 2010-2334 Interim Ordinance Moratorium Prohibiting Issuance of Massage Technician Permits and Prohibiting New Massage EstablishmentsORDINANCE NO. 2010 — 2334
AN INTERIM ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY ADOPTED PURSUANT
TO GOVERNMENT CODE SECTION 65858 AS AN URGENCY
MEASURE TO TAKE EFFECT IMMEDIATELY, EXTENDING
FOR 10 MONTHS AND 15 DAYS A MORATORIUM PROHIBITING
THE ISSUANCE OF MASSAGE TECHNICIAN PERMITS
AND PROHIBITING NEW MASSAGE ESTABLISHMENTS
FROM LOCATING WITHIN THE CITY OF NATIONAL CITY
WHEREAS, Chapter 10.79 of the National City Municipal Code provides for the
establishment and permitting of massage businesses and massage technicians within the city,
with the Finance and the Police Departments being authorized to process and administer the
permits; and
WHEREAS, Section 10.79.050 of the Municipal Code specifically requires a
massage technician to apply to the City of National City for a technician permit. The
requirements for the application for the permit are set forth in Section 10.79.060; and
WHEREAS, zoning restrictions pertaining to massage establishments within the
city are located in Chapter 18.69 of the Municipal Code, where such establishments are
designated as "adult -oriented businesses"; and
WHEREAS, in January 2009, the California Business and Professions Code
Sections 4600 et seq., were enacted by urgency legislation that states that a city shall not enact
an ordinance that requires a license, permit, or other authorization to practice massage by an
individual who is certified pursuant to State law and who is practicing consistent with the
qualifications established by his or her certification. It further states that no provision of any
ordinance enacted by a city that is in effect before the effective date of the 2009 State legislation
that required a license, permit, or other authorization to practice massage, may be enforced
against an individual who is certified pursuant this State law: and
WHEREAS, due to the 2009 amendment to State law, National City Municipal
Code Section 10.79 became, in part, inconsistent with State law as to massage technician
permits; and
WHEREAS, in May of 2009, the State again adopted new legislation pertaining to
massage establishments and the ability of cities to regulate and enforce their requirements upon
them; and
WHEREAS, City staff was in the process of amending Chapter 10.79 of the
National City Municipal Code to conform with the first amendment to State law, when the
second amendment to State law went into effect; and
WHEREAS, City staff was again in the process of drafting an amendment to
Chapter 10.79 of the Municipal Code to conform with the first and second 2009 amendments to
State law, when it was discovered that yet a third amendment to State law had been proposed
by urgency legislation in the State Assembly in February, 2010, which amendment is significant;
and
WHEREAS, the City Council finds it necessary and appropriate to review and
consider the provisions of the proposed urgency legislation pertaining to massage
establishments and technicians introduced in February of this year by the State Assembly; and
WHEREAS, a valid ordinance regulating massage establishments and massage
technicians is necessary to protect the public health, safety, and welfare, in that such an
ordinance will ensure that to the greatest extent possible, massage businesses will be
conducted in a clean and sanitary manner, and in such a way that the operation of such
businesses does not involve prostitution and lewd conduct; and
WHEREAS, the City Council finds that there is a current and immediate threat to
the public health, safety, and welfare of the city and its residents resulting from the absence of a
local ordinance that follows the State mandates relating to massage establishments and
technicians, and that the location of such establishments and the issuance of permits and other
entitlements for such establishments would result in a threat to the public health, safety, and
welfare if such an ordinance were to be found invalid; and
WHEREAS, at their regular public meeting held on March 16, 2010, the City
Council adopted, as an urgency interim ordinance, Ordinance No. 2010-2332, enacting a
moratorium for 45 days prohibiting the issuance of massage technician permits and prohibiting
new massage establishments from locating within the City; and
WHEREAS, on April 13, 2010, the City Council adopted Resolution No. 2010-80
"Approving and Authorizing Issuance of a Written Report Pertaining to a Moratorium Ordinance
Prohibiting the Issuance of Massage Technician Permits and Prohibiting New Massage
Establishments from Locating within the City; and
WHEREAS, on April 20, 2010, the City Council held a public hearing, at which
time oral and documentary evidence was heard, to consider adopting an urgency ordinance to
extend for an additional period of 10 months and 15 days the 45 day moratorium established by
Ordinance No.2010-2332; and
WHEREAS, the City Council finds it essential to protect the health, safety and
welfare of the citizens of the City of National City to extend for an additional period of 10 months
and 15 days the moratorium established by Ordinance No. 2010-2332 prohibiting the issuance
of massage technician permits and prohibiting new massage establishments from locating
within the City; and
WHEREAS, the City Council intends to adopt, after appropriate study and
legislative review, an ordinance that would apply throughout the city for the proper regulation of
massage establishments and technicians as soon as practicable, and directs the City Attorney's
Office to commence the review necessary for the adoption of such proper regulations.
NOW, THEREFORE, the City Council of the City of National City does ordain as
follows:
Section 1. For a period of 10 months and 15 days from the effective date of this
Ordinance, no massage technician permit shall be issued, no massage establishment not
currently existing within the city shall be located within the city; no building permit, certificate of
occupancy, establishment permit, business license, nor permit or entitlement for a massage
establishment shall be issued; no construction shall take place relating to a massage
establishment; and no construction shall take place within the city relating to the location,
development, or approval of any massage establishment.
Section 2. For purposes of this Ordinance, "massage establishment" and "massage
technician permits shall have the meanings described in Sections 10.79.030(B) and (E), and
Section 18.69.020(N) of the National City Municipal Code.
Ordinance No. 2010 - 2334 2 Massage Permit Moratorium Extended
Section 3. This Ordinance is adopted as an urgency ordinance necessary for the
immediate preservation of the public health, safety, and welfare within the meaning of the
Government Code, and shall take effect immediately.
Section 4. The City Council hereby directs the City staff to engage in studies and
procedures necessary for the adoption or regulations governing massage technician permits
and the locating of massage establishments from locating within the City.
Section 5. If any portion of this Ordinance is found to be invalid, it is the intention of
the City Council that the remaining valid provisions of the Ordinance be severed from the invalid
provisions and remain in full force and effect.
PASSED and ADOPTED this 20th day of April, 2010.
ATTEST:
..
M c.....ve.44/
hael R. Dal
la, City Clerk
APPROVED AS TO FORM:
George H. fiser, III
City Attorney
on Morrison, Mayor
Ordinance No. 2010 — 2334 3 Massage Permit Moratorium Extended
Passed and adopted by the Council of the City of National City, California, on April 20,
2010, by the following vote, to -wit:
Ayes: Councilmembers Morrison, Sotelo-Solis, Van Deventer, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
RON MORRISON
Mayor of the City of National City, California
Qi
lerk of the o
City City National City, Califomia
By:
Deputy
I HEREBY CERTIFY that the foregoing ordinance was adopted on April 20, 2010, under
the provisions of Section 65858 of the California Government Code and became
effective immediately upon said adoption.
I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or
that the reading of said ordinance in full was dispensed with by a vote of not less than a
majority of the members elected to the Council and that there was available for the
consideration of each member of the Council and the public prior to the day of its
passage a written or printed copy of said ordinance.
I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of
ORDINANCE NO. 2010-2334 of the City Council of the City of National City, passed
and adopted by the Council of said City on April 20, 2010.
City Clerk of the City of National City, California
By:
Deputy