HomeMy WebLinkAbout10-07 Related to Massage Establishments and/or Massage PractitionersORDINANCE NO. 10- 7
AN URGENCYORDINANCE OF THE CITY COUNCIL OF
THE CITY OF COSTA MESA, CALIFORNIA, EXTENDING
FOR A PERIOD OF ONE YEAR, AN EXISTING
MORATORIUM ON THE APPROVAL OF ANY BUSINESS
LICENSE, USE PERMIT, OR ANY APPLICABLE
APPLICATION RELATED TO MASSAGE ESTABLISHMENTS
AND/OR MASSAGE PRACTITIONERS
WHEREAS, the City of Costa Mesa General Plan was adopted in January 2002,
and it embodies the community's long-range vision of providing for the balanced
development of a diverse mix of commercial goods and services and employment
opportunities in consideration of the needs of the business and residential segments of
the community; and
WHEREAS, a high concentration of massage establishments exists in specific
areas of the City; and
WHEREAS, the growing number of massage establishments and associated
massage practitioners in the city has increased staff workload for licensing, inspection,
and enforcement for massage related issues; and
WHEREAS, the Costa Mesa Police Department has requested an extension to the
moratorium currently in effect; and
WHEREAS, the City Council adopted a forty-five (45) day moratorium on new
massage establishment permits and new massage practitioner permits that became
effective on July 7, 2009, by urgency ordinance; and
WHEREAS, the City Council adopted an extension to the moratorium on new
massage establishment permits and new massage practitioner permits that became
effective on August 18, 2009 and is set to expire on July 2, 2010, by urgency ordinance
No. 09-11; and
WHEREAS, the same factors that served as justification for the moratorium still exist
and it can be foreseen that they will continue to exist for an extended period of time; and
WHEREAS, the Costa Mesa City Council finds, determines, and declares
that current and immediate threat to the public health safety and welfare of the
city and its citizens necessitates the immediate enactment of the ordinance.
THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. In order to protect against this current and immediate threat to
the public health, safety, and welfare and pursuant to the provisions of California
Government Code Section 65858, the previously enacted moratorium extension
adopted August 18, 2009 is extended for a period of one (1) year.
Section 2. Inconsistencies. Any provision of the Costa Mesa Municipal Code
or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of
such inconsistencies and no further, is hereby repealed or modified to that extent
necessary to effect the provisions of this Ordinance.
Section 3. Severability. If any chapter, article, section, subsection,
subdivision, sentence, clause, phrase, or portion of this Ordinance, or the application
thereof to any person, is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not affect the validity
of the remaining portion of this Ordinance or its application to other persons. The City
Council hereby declares that it would have adopted this Ordinance and each chapter,
article, section, subsection, subdivision, sentence, clause, phrase or portion thereof,
irrespective of the fact that any one or more subsections, subdivisions, sentences,
clauses, phrases, or portions of the application thereof to any person, be declared
invalid or unconstitutional. No portion of this Ordinance shall supersede any local,
State, or Federal law, regulation, or codes dealing with life safety factors.
Section 4. Applicability. The provisions of this ordinance shall be applicable
to the licensing of new massage establishments or massage practitioners. The
provisions of this ordinance shall not be applied to any licenses or permits issued to
massage establishments or practitioners approved prior to the effective date of this
ordinance.
Section 5. Publication. The City Clerk shall certify to the passage and
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adoption of this ordinance, by at least a four-fifths vote of the City Council, and shall
cause the ordinance to be published in the manner required by law. This ordinance shall
become effective immediately from and after its passage.
PASSED AND ADOPTED this 15th day of June, 2010.
ATTEST:
JuKe Folcik, City Clerk
Allan . Mansoor, Mayor
APPROVED AS TO FORM:
Kimberly Hat Barlow, City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE )ss
CITY OF COSTA MESA )
I, Julie Folcik, City Clerk and ex -officio clerk of the City Council of the City of Costa
Mesa, hereby certify that the above and foregoing Ordinance No. 10-7 was introduced
and considered section by section at a regular meeting of said City Council held on the
15th day of June, 2010, and thereafter passed and adopted as a whole at a regular
meeting of said City Council held on the 15th day of June, 2010, by the following roll call
vote:
AYES: COUNCIL MEMBERS: MANSOOR, LEECE, BEVER, FOLEY, MONAHAN
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the
City of Costa Mesa this 16th day of June, 2010.
a Crf
City erk and ex -officio Clerk of the
City Council of the City of Costa Mesa
I hereby certify that the above and foregoing is the original of Ordinance No. 10-7 duly
passed and adopted by the Costa Mesa City Council at the regular meeting held June 15,
2010, and that the ordinance was published in the Newport Beach -Costa Mesa Daily Pilot
on June 23, 2010.
(SEAL)
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JULIE LCIK, CITY LERK
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