HomeMy WebLinkAbout- - Massage Moratorium Extension Urgency Ord - 6/15/2010CITY COUNCIL AGENDA REPORT
MEETING DATE: June 15, 2010 ITEM NUMBER:
SUBJECT: AN URGENCY ORDINANCE EXTENDING UP TO A MAXIMUM OF 12 MONTHS, INTERIM
ORDINANCE NUMBER 09-7 IMPOSING A CITY-WIDE MORATORIUM ON THE APPROVAL
OF ANY BUSINESS LICENSE, USE PERMIT, OR ANY APPLICABLE APPLICATION
RELATED TO MASSAGE ESTABLISHMENTS ANDIOR MASSAGE PRACTITIONERS.
DATE: JUNE 4, 2010
FROM: POLICE DEPARTMENT/DEVELOPMENT SERVICES
PRESENTATION BY: LES GOGERTY, CAPTAIN (714) 754-5190
RECOMMENDED ACTION:
Staff recommends the following actions:
1. Introduce and adopt urgency ordinance, to be read by title only, and waive further
reading.
2. Direct staff to review amended State laws governing massage practitioners to
better manage the massage business in the City of Costa Mesa and return to
Council with recommended amendments to the Municipal Code.
BACKGROUND:
Since Council adopted the current moratorium on July 7, 2009, staff has been reviewing
and assessing potential modifications and enhancements to the City's massage
ordinance. This has been in accordance with the newly established guidelines outlined in
Senate Bill 731, which was implemented into law in September of 2009. Since this new
law has taken effect, law enforcement has recognized a wide array of concerns, which
has resulted in the California Police Chiefs Association sponsoring Assembly Bill 1822
(Swanson). The Association believes the California Massage Therapy Council, a non-
profit organization that is functioning as a quasi -governmental agency, does not have the
resources to do thorough background investigations of applicants for the state license. It
is also their opinion the system has already been and will continue to be abused by
inappropriate and/or improperly trained applicants slipping through the cracks. In a report
from the California Police Chiefs Association to Assemblyman Swanson it states, "We
recently did a random/regional sample of California Massage Therapy Council applicants
and found that 57% were known prostitutes, 32% were of unknown legitimacy and
required further inquiry, and only 11% were legitimate." Due to this new pending
legislation, staff will need additional time to assess and evaluate the impact it may have
on pending revisions and modifications to the Municipal Code. Please see Attachment 2
for additional background information.
Staff sent notices of this public hearing to all existing massage establishment and massage
practitioner license holders in the City.
1
CONCLUSION:
The current moratorium on the issuance of any new or expansion of any existing
massage establishment permits, or the issuance of any new (non -replacement) massage
practitioner permits will expire on July 2, 2010. Therefore, staff recommends that Council
adopt the attached urgency ordinance which extends the moratorium for an additional 12
months. This extension will give staff adequate time to return to Council with
recommended amendments to the City's massage regulations, which reflect existing
State law and the outcome of Assembly Bill 1822. Staff will also bring back to Council
appropriate revisions to the City's application fees for massage establishment and
massage practitioner licenses.
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Chief of Police
City Attorney
DISTRIBUTION: City Manager
City Attorney
Finance Director
City Clerk
Development Services Director
Attachments: 1. Urgency Ordinance
2. June 1, 2010 City Council Staff Report
cc: Ed Fawcett, Chamber of Commerce
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