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Home My WebLink AboutCC ORD 2011-2361 Moratorium Prohibiting Issuance of Massage Technician Permits and Prohibit New Massage EstablishmentsORDINANCE NO. 2011 — 2361 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 12 MONTHS 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, at their regular meeting held on April 20, 2010, the City Council adopted, as an urgency interim ordinance, Ordinance No. 2010-2334, extending the moratorium for 10 months and 15 days; and WHEREAS, on February 1, 2011, the City Council adopted Resolution No. 2011- 23 "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 March 1, 2011, 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 12 months the moratorium established by Ordinance No.2010- 2334; 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 12 months 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: Ordinance No. 2011-2361 2 Massage Permit Moratorium Extended Section 1. For a period of 12 months 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. 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. ATTEST: PASSED and ADOPTED this 1st day of March, .✓i Mi Clerk A c ael R. Dalla APPROVED AS TO FORM: udia G. SiIv City Attorney on Morrison, Mayor Ordinance No. 2011-2361 3 Massage Permit Moratorium Extended Passed and adopted by the Council of the City of National City, California, on March 1, 2011, by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Rios, Sotelo-Solis, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California City CI r of the City f National City, California By: Deputy 1 HEREBY CERTIFY that the foregoing ordinance was adopted on March 1, 2011, 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. 2011-2361 of the City Council of the City of National City, passed and adopted by the Council of said City on March 1, 2011. City Clerk of the City of National City, California By: Deputy