HomeMy WebLinkAboutCC AG PKT 2007-06-25 #U
AG'ENDA REPORT
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DATE:
June 25, 2007
TO: Honorable Mayor and City Council
THRU: David Carmany, City Manager
FROM: Jeff Kirkpatrick, Chief of Police
SUBJECT: Massage Ordinance Amendment - 111 Reading
Amending ~5,45,050 A,7, ~5.45,045, C, and ~5,45,045, I
SUMMARY OF REQUEST:
Staff requests that City Council introduce for First Reading Ordinance No, 1560
Amending Title 5, Chapter 5.45 - Massage Establishments, of the Seal Beach Municipal
Code relating to massage establishments.
BACKGROUND:
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City Council approved and adopted Ordinance No. 1558, a major overhaul amendment to
the previous version of Title 5, Chapter 5.45 - Massage Establishments at the May 14,
2007 Seal Beach City Council Meeting.
During that meeting, the City Council responded to community members asking for
further clarification and directed Staff to investigate three issues:
1, Mandated shower facilities for patrons
2. Change operating hours to open one hour earlier and close one hour earlier
3. Allow couples or same gender facilities for patrons to share a massage room
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Staff has reviewed the three issues and finds:
1. Staff cannot locate any mandate requiring the presence of shower facilities for
patrons, within massage establishments. Therefore, Staff finds no reason to
mandate that proprietors install or maintain shower facilities for patrons.
2. The current ordinance allows massage establishments to open no earlier than
9:00AM and mandates closure no later than 11 :ooPM, up to seven days per week.
Staff finds no reason to block the request to open businesses at 8:00AM.
However, Staff also finds no reason to demand that massage establishments close
prior to l1:ooPM.
3. Staff has learned that a current and popular trend in the hospitality industry;
including massage establishments, supports the allowance of couples and same
gender friends and family to obtain massages, together in the same room, at the
same time. Therefore, Staff finds no reason to prohibit such a business practice,
so long as the massage establishment ensures the presence of a staff member in
the room at all times with the patrons to preclude sexual activity between the
consenting couples.
AGENDA ITEM L/
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These additional proposed amendments correct previous deficiencies and strengthen the
municipal code in the public interest and as to the prevention of vice related crime
associated with massage establishments and employees in that industry.
FISCAL IMPACT:
None.
RECOMMENDATION:
Staff recommends Introduction and first reading of Ordinance No. 1560 Amending Title
5, Chapter 5.45 - Massage Establishments; specifically amending the following
subsections:
1. ~~5,45,050 A.7 - Eliminate language mandating the presence of patron showers.
2. U5.45.045, C - Amend hours of operation, allowing massage establishments to open
at 8:00AM and close at 11:00AM, seven days per week.
3. U5.45.045, I - Amend language to allow couples and same gender friends and family
to obtain massages, together in the same room, at the same time so long as the massage
establishment ensures the presence of a staff member in the room at all times with the
patrons to preclude sexual activity between the consenting couples.
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Jeff Kirkpatrick - Chief of Police
NOTED AND APPROVED:
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David Cannany, City Manager
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ORDINANCE NUMBER
AN ORDINANCE OF TIlE CITY OF SEAL BEACH
AMENDING TITLE 5 OF TIlE SEAL BEACH MUNICIPAL
CODE REGARDING MASSAGE REGULATIONS
TIlE CITY COllNCn. OF THE CITY OF SEAL BEACH DOES ORDAIN AS
FOLLOWS:
Soetion I. 15.45.045,C of Chapter 5.45 of Tido 5 (BUSINESS UCBNSBS AND
REGULATIONS) rel.ting \0 hoUIll of opotBlion for m...age e.tabli.hnumt i. h.....by
amended to read as follows:
"c, A maslage o.tabli.hment .hall not be open, and no m....ges .h.1I be
provided, durinS tho period be\weon 11:00 p,m. and 8:00 Lm,"
Soelion 2. 15.45.045.1 of Chapter 5.45 of Tide 5 (BUSINESS UCENSBS AND
REGULATIONS) relating \0 mas.age e.tablilhmonlS i. h.....by amended \0 read:
"I. Massage technicians may masHago two or more customers in a single
room, provided that a technician i. preaont in the 100m at all timo. with the
CU.\Omolll to proolude .exual ac\ivity."
Soelion 3. 15.45.045'x or Chapter 5,45 of Tide 5 (BUSINESS UCENSBS AND
REGULATIONS) relating \0 mas.age est.blilhmonlS i. h.....by amended 10 read:
"x. No persons other than the person receiving a masBage and the
administering massage technician may be within the room where the massage
talces pI..." except as provided in .ubscetion I of this 15.45.045."
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Soelion 4. 15,45.050 A,7 of Chapter 5.45 of Tille 5 (BUSINESS UCENSBS AND
REGULATIONS) relating \0 massage establishmenlS i. h.....by amended \0 read:
'7. Adequate dressing, locker and 10net facilities for ou.Iornel1l, including a
dressing room conwning a aeparato locker (c.pablo of being locked) for each
customer. and a minimum of two toilets and two wash basins. one for males and
One for females. located in separate rooms. n
Soetlon 5. Soverabllitv. If" any Ioetion, IUb.sec:tion, .ubdivision, paragraph, aontonce,
clause or phrase of 1hi. Ordinance or any part thereof i. for any reason held \0 be
uncon.titutional, such deci.ion .hall not arfect the validity of tho remaining portionl or
1hi. Ordin.nce or any part 1hereof, The Ci1y Counoil of 1he City of SoaI Beach hereby
declares that it would have passed each section. subsection. subdivision. paragraph,
sentence. clause or phrase thereof, inespective of the fact that anyone or more sections.
subsections, subdtvisioDS. paragraphs. sentences, clauses or phrases be declared
unconstitutional,
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beaoh
at a moeting thereof held on tho _ clay of , ,2007.
A TI'EST:
Mayor
Clty Clerk
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STATE OF CALIFORNIA )
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Unda Dovino. City Clark or 1ho City of Soal BOlICh, California, do h....by oortify that
tho fmogoinS ordinance is an original copy or Ordinanco Number _ on lilo in tho
office of tho City Clork, introduced It a meeting hold on tho ~ dlY of .l!lnL. 2007,
and passed, approved and adopted by tho City Council or tho City or SoaI BOlICh at a
mooting hold on 1ho _ day or . 2007 by tho following vole:
AYES: Councilmombers
NOES: Counoilmombers
ABSENT: Councilmombers
ABSTAIN: Councilmombers
and do h....by further certify that Otdinanco Number _ h.. been publilhed pursuant
to tho Soal Beach City Chartor and Reaolution Number 2836,
City Clerk
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