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HomeMy WebLinkAboutCC Ord 1560 2007-08-13 -- ORDINANCE NUMBER 1560 AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING TITLE 5 OF THE SEAL BEACH MUNICIPAL CODE REGARDING MASSAGE REGULATIONS THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: I Section 1. ~5.45.045.C of Chapter 5.45 of Title 5 (BUSINESS LICENSES AND REGULATIONS) relating to hours of operation for massage establishment is hereby amended to read as follows: "C. A massage establishment shall not be open, and no massages shall be provided, during the period between 11:00 p.m. and 8:00 a.m." Section 2. ~5.45.045.1 of Chapter 5.45 of Title 5 (BUSINESS LICENSES AND REGULATIONS) relating to massage establishments is hereby amended to read: "I. Massage technicians may massage two or more customers in a single room, provided that a technician is present in the room at all times with the customers to preclude sexual activity." Section 3. ~5.45.045.X of Chapter 5.45 of Title 5 (BUSINESS LICENSES AND REGULATIONS) relating to massage establishments is hereby amended to read: "X. No persons other than the person receiving a massage and the administering massage technician may be within the room where the massage takes place, except as provided in subsection I of this ~5.45.045." I Section 4. ~5.45.050 A.7 of Chapter 5.45 of Title 5 (BUSINESS LICENSES AND REGULATIONS) relating to massage establishments is hereby amended to read: "7. Adequate dressing, locker and toilet facilities for customers, including a dressing room containing a separate locker (capable 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." Section 5. Severabilitv. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance or any part thereof. The City Council of the City of Seal Beach hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that anyone or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a regular meeting held on the 13th day of August ,2007. ...b.1t4 .A~ Mayor I ATTEST: Jl'A~ ~~erk Ordinance Number 1560 STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I I, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify that the foregoing ordinance is an original copy of Ordinance Number 1560 on file in the office of the City Clerk, introduced at a meeting held on the 25th day of June ,2007, and passed, approved and adopted by the City Council of the City of Seal Beach at a regular meeting held on the 13th day of August, 2007 by the following vote: AYES: councilmembers/j/V.l1:4o'~~1 .~VtI, ~ ~ NOES: Councilmembers .~ ABSENT: Council members 7J&n; ABSTAIN: Councilmembers ~nJ and do hereby further certify that Ordinance Number 1560 has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. I ;1 . ~ ~/~P ~J I Ordinance Number 1560 . PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Orange This space is for the County Clerk's Filing Stamp I I am a citizen of the United States and a resident of the county afore- said; I am over the age of eighteen years, and not a party to or inter- ested in the above-entitled matter. I am the principal clerk of the printer of the SEAL BEACH SUN, a newspaper of general circulation, printed and published weekly in the City of Seal Beach, County of Orange and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under the date of 2/24/75. Case Number A82583; that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following d~, t1-Wit: ( --W\A~ ' all in the ar 2007. Proof of Publication of ............................................... .....................11111 ,.................... ,2007. SUM MARY.ORDlNANCE NUMBER 1580 - AMEND MU- NICIPAL CODE TITLE 5, CHAPTER 5.46/ MASSAGE ESTABUBHMENT . Slaffl8COn1ll18nds l_ and first reading 0' Ordinance No. 1560 Amending Title 5 Chapter 5.45 - Massage Establishments: specifically amends the follOWing subsec- lions: 1. 115.45.050 A.7- Ellmlnale. language mandating the pres- ence o~alron showers. 2. g 5.45.045, C - Amend hours DP8fBtIon. allowing mas- sage eslabWhrn8nl8 to open al 8:00 a m.and'cIo8eaI11:OOa.rn. . seven dRyS per week. ' 3. 115.45045,1- AmBlld Ian- g~to--OOlI(lIoeBnd...... --ancffamilylO_ massages. IOgelher In the same room, RI: the sarna line so long as the massage establishment ensures the presence of a staff member In the room alall limes Wllh Ihe PBtrons 10 preclude sex- ual acllvlly between Ihe con- senting couples. Ordinance Number 1560 was Introduced at Ihe regular CIIy CounciI~oI.b1i125 21m Bnd anllcIpated consideration tar 88COnd I8Bdrng and adooUon al lhe reguler rneeIlng of July 23, 2007, Flrel ~ng of 0nINnc8 Number 1560 wes e"llIOWld by thefollowlng_: AYES: Antos, Larson levitt Shonka. Ybsbsn . ' " NOES' None, MotIon currllld 156OCopiee of 0rdI11llI1ClI Numbsr' are_from lheolllca 0' lhe City Clerk. Cn. Hall 211 . 81hSInlal.__' ' (582)431-2527 Ild, 00s~ DATED THIS 26th day of June 2007. ' SB-I84 Unda Devina, CIty Clark C=aaJ Beach ~1512007 k11ha~I_Sun I I certify (or declare) under penalty of perjury that the foregoing is true and correct. Signatur PUBLICATION PROCESSED BY: THE SEAL BEACH SUN 216 Main Street Seal Beach, CA 90740 (562) 430-7555 I I I I Ordinance Number 1560 . PROOF OF PUBLICATION (2015.5 C.C.P,) STATE OF CALIFORNIA, County of Orange This space is for the County Clerk's Filing Stamp I am a citizen of the United States and a resident of the county afore- said; I am over the age of eighteen years, and not a party to or inter- ested in the above-entitled matter. I am the principal clerk of the printer of the SEAL BEACH SUN, a newspaper of gener~1 circulation, printed and published weekly in the City of Seal Beach, County of Orange and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under the date of 2/24/75. Case Number A82583; that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following date ,to-wit: Proof of Publication of ...............................IJ.............. ............................................... ..:.. . S'U"M M A ROy - ORDINANCE . NUMBER 1580 - AMEND MUNICIPAL CODE:nTLE 5, " CHAPTER 5.46/ MASSAOE ESTABUSHMENT . " The Clly Council Bdopted I Ordinance No. 1680 Amending Title 5. Chlpt8r 5 46 - Massage' . eetabllshments; speclflcany amends the ronowlng subseC- tions: .- ' . . -' 1. SSli,45.D50 A 7 - E1lmll18le Ianguage.tnandatlng.the pres- ence of patron Ihowera. .. 2. 15545 045, C-Amond hoIn ! :;=-~~.. allowing massage ,,-,II8.00am 'and close at 11:00 a.m., Beven , 'days J!or week. , . 3,115,45,045. 1- Amend I&n. ._10 sIowcouplsssnd ll8IIl8 llllIldBr_rrdfsmly"_ '. mB8ll8g8S.'tagelher In the same RlOI11, stll1e ll8IIl8 tIm8 80 long .. the. massage eetabllshment , ensures the pl'8B8l1C8 of a staff member In the room at all time. , wIIh ths potIOns 10 pnlCIude lOX' I ual activity between the con- '1I8I1lI11IICOUp188. . r Ordinance Number 1560 W88 Introduced at the regular City Councll_ 01 Juns 25. 2!X11 , IlIllflllfopllon afll1e nogular.- , Ing of August 13, 2007.' . OrtIln"ance Nuffiber 1580 was spprovsd bYths following wt.: I - I AYES: Antos, Larson. Le.m. Shanks. Yb8ben ~ ....~OES:NDnt!.... MOhOn~. I . ".. . CopIes of Ordinance Number I 1560 are avaIabI8 from the oftI:8 of the CIty Clsrk, CIty H&lI, 211 . 8th S1re&f. SeelIlssch; teIophone . (562).431-2527 ext. 305. ' , ClIUa)THIS 141J1 cloy of August, 2JXTI.. .'. ~ SEl-171. - . ~ Uncle DevIn.. CIty'Clerk " City 01 Seal Beach Published In the SeeI Beach Sun! 082307. . ,. .. ; . 08 I certify (or declare) under penalty of perjury that the foregoing is true and correct. ,2007. Signature PUBLICATION PROCESSED BY: THE SEAL BEACH SUN 216 Main Street Seal Beach, CA 90740 (562) 430-7555