ORD 18-09 Urgency Measure Prohibiting New Massage EstablishmentsORDINANCE NO. 18-
09 AN URGENCY MEASURE OF THE CITY
COUNCIL OF THE CITY OF ORANGE PROHIBITING
THE OPERATION OF NEW
MASSAGE
ESTABLISHMENTS.WHEREAS, Section 65858(a) of the California Government Code authorizes
the City Council to adopt, as an urgency measure, an interim ordinance prohibiting any
uses which may be in conflict with a contemplated zoning proposal which the City
Council,planning commission or planning department is studying to protect the public health,
safety and welfare;
and WHEREAS, the California Legislature passed Senate Bill 731, enacting
Business and Professions Code sections4600.5 through 4620, which became effective September
1,2009;
and WHEREAS, these statutes authorize the State to regulate the certification of
massage therapists and certain aspects of massage establishments, which previously had been left
to counties and cities;
and WHEREAS, SB 731 also provides that while a City may adopt zoning
regulations related to massage establishments, those regulations "shall be no different than
the requirements that are uniformly applied to other professional or personal
services businesses";
and WHEREAS, SB 731 does not define "other professional or personal
services businesses";
and WHEREAS, currently massage establishments are permitted by right within
certain specified commercial zones and only allowed as an accessory use in other commercial
zones;
and WHEREAS, other uses under the zoning code, such as general and
professional office uses, are permitted by right in all commercial zones;
and WHEREAS, this inconsistency could potentially create a situation where it
is interpreted that the use of massage establishments is significantly expanded to all
commercial zone districts, without the benefit of careful planning and public hearing, to ensure
that compatible uses remain in appropriate zone districts;
and WHEREAS, City staff is requesting the moratorium in order to provide time for
City staff to bring forward recommended changes to the zoning code to comply with SB 731
and to resolve the possible inconsistency in the zoning code with regard to
massage establishments and other professional or personal services businesses;
WHEREAS, the moratorium would permit existing massage establishments to
operate at those addresses currently housing a massage establishment, even if there is a
change in ownership, but would prevent new massage establishments, as defined herein,
from operating until the inconsistency is resolved; and
WHEREAS, the City Council determines, by afour-fifths vote, that this
urgency ordinance is a matter of City-wide importance and necessary for the
immediate preservation and protection of the public health, safety or welfare of
the community.NOW THEREFORE, the City Council of the City of Orange hereby
ordains
as follows:
SECTION I:For the period of this ordinance, or any extension thereof, any
new massage establishment, other than those that replace a legally existing massage establishment
in the same location, shall be considered a prohibited use in any zoning district of the
City. Neither the City Council nor City Staff shall approve any use interpretation,
permit, license,certificate of occupancy, zoning code or general plan amendment allowing
the operation and/or establishment of a new
massage establishment.
SECTION II:For purposes of this ordinance the following terms and phrases shall
be interpreted and construed as defined in
this section:MASSAGE shall mean any method of treating the external parts of the
body for remedial, hygienic or any other reason or purpose, whether by means of pressure,
rubbing or other manner of touching external parts of the body with the hands, or with the aid
of any mechanical or electrical apparatus with or without supplementary aids such as
oils, powders,creams or other similar preparations commonly used in
this practice.NEW MASSAGE ESTABLISHMENT shall mean any new business that
is not legally established by the effective date of this ordinance that is conducted within
the City wherein any person, for money or any other consideration, administers to another
person a massage or health treatments involving massage as a significant function of
that business.For purposes of this ordinance, a massage establishment which replaces a
legally existing massage establishment at the same location, shall not be considered a
new
massage
SECTION III:
Based on the facts recited above, the City Council finds that the operation and/or
establishment of new massage establishments under current zoning laws are a threat to the
public health, safety and welfare. This interim ordinance is introduced, passed and adapted
at one meeting and shall become effective immediately in accordance wits Section 65858 of
the California Government Code.
SECTION IV:
The establishment and/or operation of a new massage establishment, as defined
herein, shall constitute a violation of this ordinance and shall be punished as provided for in
Sections 1.08.010 and 1.08.020 of the Orange Municipal Code.
SECTION V:
If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is
for any reason held to be invalid or unconstitutional, such decision shall 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 section, subdivision, paragraph, sentence, clause
and phrase thereof, irrespective of the fact that any one (or more) section, subdivision,
paragraph, sentence, clause or phrase had been declared invalid or unconstitutional.
SECTION VI:
A summary of this ordinance shall be published once within fifteen (15) days after
this interim ordinance is passed, in a newspaper of general circulation, published and
circulated in the City of Orange. The City Clerk shall post in the Office of the City Clerk, a
certified copy of the full text of such adopted interim ordinance along with the names of
those City Council members voting for and against the interim ordinance in accordance with
Government Code 36933. This interim ordinance is effective immediately, but shall be of no
further force and effect 45 days from the date of its adoption unless it is subsequently
extended in accordance with the provisions of Section 65858(a) of the California
Government Code.
ADOPTED this 27`" day of October 2009.
3
ATTEST:
i /'
C L,A
Nary E. y, City Clerk, Cit of Orange
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE )
I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby
certify that the foregoing Ordinance was introduced at the regular meeting of the City
Council held on the 27th day of October 2009, and was duly passed and adopted the same
day, by the following vote, to wit:
AYES:COUNCILMEMBERS:Smith, Murphy, Cavecche, Dumitru, Bilodeau
NOES:COUNCILMEMBERS:None
ABSENT:COUNCILMEMBERS:None
ABSTAIN:COUNCILMEMBERS:None
Mary a y, City Clerk-C' f
Orange