HomeMy WebLinkAboutCC AG PKT 2007-08-13 #L
AGENDA REPORT
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DATE: August 13, 2007
TO: Honorable Mayor and City Council
THRU: David Carmany - City Manager
FROM: Jeff Kirkpatrick - Chief of Police
sUBmcr: Massage Ordinance Amendment - SECOND READING
SUMMARY OF REQUEST:
Staff requests that City Council waive further reading and adopt 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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Staff has found that implementation and enforcement of the previous version of Title 5,
Chapter 5.45 - Massage Establishments, did not provide for the efficient processing of
massage establishment and massage technician applications. The previous version also
provided ineffective means to enforce violations of the ordinance.
This proposed amendment corrects previous deficiencies and strengthens the ordinance in
the public interest as to the prevention of vice related crime associated with massage
establishments and employees in that industry.
FISCAL IMPACT:
None.
RECOMMENDATION:
Staff recommends waiving of further reading and adoption of Ordinance No. 1560
Amending Title 5, Chapter 5.45 - Massage Establishments.
NOTED AND APPROVED:
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C>-~
David carman~ - City Manager
AGENDA rTEML
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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:
Section 1. 15.45.045.C of Chap"" 5.45 of TItle 5 (BUSINESS UCENSES AND
REGULATIONS) relating to hours of operation for mas..ge establishment is hereby
amended to read II 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 am."
Section 2. 15.45.045.1 of Chapter 5.45 of TItle 5 (BUSINESS UCENSES AND
REGULATIONS) relating to mas..ge 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. 15.45.045.X of Chapmr 5.45 of TItlo 5 (BUSINESS UCENSES AND
REGULATIONS) relaoog to massage establishments is hereby amended to read:
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"X. No persODS other than the person receiving a massage and the
administering massage technician may be within the room where the massage
takes place, o.copt as provided in subsection I of this 15.45.045."
Section 4. 15.45.050 A.7 of Chapr..r 5.45 of TItle 5 (BUSINESS UCENSES AND
REGULATIONS) relanng to mas..ge establishmonts is hereby amended to read:
'7. Adequam dressing, locker and toilet facilities for customers, including a
dressing room containing a separab> 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 S. Severabilltv. If any section, subsection, subdivision. paragraph. sentence,
clause or phraso of this Ordinance or any part thereof is for any rea&on hold to be
unconstitutional, such decision shall not affect the validity of tho 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 Boach
at a meeting thereof held on the 13th day of Auoust ,2007.
Mayor
A1TEST:
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CIty Clerk
Ordinance Number 1560
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
1, Unda Devine, City Clerk of the City of Seal Beach, California, do hereby certify that
the foregoing ordinance is an original copy of O(dinance Number 1560 on liIe in the
offIce of the City Clerk, mtroduced at a meeting held on the ~ day of Jun. ,2007,
and passed, approved and adopted by the City Council of the CIty of Seal Beach at a
meeung held on the 13th day of Auoust, 2007 by the following vol<>:
AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
and do hereby further certify that Ordinance Number 1560 has been published
pursuant to the Seal Beach City Charter and Resolution Number 2836.
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City Clerk
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