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HomeMy WebLinkAboutOrd 1907ORDINANCE NO, 1907 AN INTERIM ORDINANCE OF THE CITY OF nURLINGAME PROHIBITING THE ESTABLISHMENT AND OPERATION OF NEW MASSAGE ESTABLISHMENTS WITHIN THE CITY WHEREAS California State law changed in 2009 to remove most local governrnental authority to regulate the massage industry; and WHEREAS the City enacted changes to its Municipal Code in 2013 to bring it in alignment with those changes; and WHEREAS the State legislature recently passed AB 1147, which was signed by the Governor and went into effect as of January 1, 2015; and WHEREAS AB 1147 restored some but not all powers to local governments to regulate the massage industry; and WHEREAS the recent legislation contains ambiguities regarding the extent of the regulatory authority conferred; and WHEREAS other cities in the immediate region are currently grappling with how to implement the new legislation; and WHEREAS many massage establishments provide completely legitimate services to the public, while others function as a cover for illicit activities such as prostitution and human trafficking; and WHEREAS the change in State mandates could create a regulatory void in which such illicit uses could proliferate if the City is not afforded the opportunity to evaluate the new legislation and respond with appropriate implementing regulations; and NOW, THEREFORE, the City Council of the City of Burlingame does hereby find and declare as follows: Secti on 1: Council Findings A. The City Council fi nds and declares that the potential establishment of new massage businesses in the interim between the recent enactment of AB 1147 and the adoption of a new regulatory scheme by the City poses a current and immediate threat to the public health, safety, and welfare, and that without the adoption of this interim urgency ordinance, the City Council will not have sufficient time and ability to study the new legislation and enact effective implementing regulations. B. The City Council finds that the current Chapter 6.39 of the Burlingame Municipal Code must be amended to reflect recent changes in State law and in order to provide effective regulation of massage establishments within the City. C. The City receives inquiries and applications on a routine basis for the establishment of new massage businesses. D. While most massage businesses provide legitimate services to the public, some such establishments act as a cover for illicit activities including prostitution and human trafficking. E. Prostitution and human trafficking are serious crimes with immediate and detrimental impact on both the victims of such crimes and on the citizens of the surrounding community, including ancillary effects such as increased risk of robbery. F. This urgency moratorium is necessary at this time in order to study the impacts on public health, safety, and welfare of the establishment of new massage businesses and to evaluate appropriate regulatory approaches under recently enacted State law. Section 2: Imnosition of Moratorium. In accordance with the authority granted to the City by California Government Code Section 65858, and pursuant to the fmdings stated herein, from and after the date of this ordinance, no use permit, variance, building permit, business license, or other applicable entitlement shall be approved or issued for the establishment of a new massage business or related use for a period of forty-five days. A. "Establishment" of a new massage business means and includes any of the following: the opening or commencement of a massage use as a new business or establishment; the conversion of an existing business or establishment to function as a massage business; and the addition of a massage operation to an existing business or establishment. B. Prohibited new massage uses under this moratorium include any use or operation that would require a business license or permit or entitlement under the City's Zoning Code. C. This moratorium does not affect existing massage businesses within the City or those whose applications fox relevant entitlements have been completed as of the date of adoption of this moratorium. D. This moratorium does not affect the provision of massage services incidental to a clinic or health facility use, including physical therapy and related services. E. The penalties for violation of this ordinance are as provided in Burlingame Municipal Code Chapter 1.12, Section 3. The City Council hereby finds and determines that this interim urgency ordinance is necessary as an emergency measure pursuant to Government Code Section 65858 for preserving the public health, safety, and welfare of the citizens of the City of Burlingame. Section 4. This interim urgency ordinance shall take immediate effect upon adoption by four-fifths vote of the City Council. The interim urgency ordinance shall continue in force and effect for forty-five days from the date of its adoption and shall thereafter be of no force and effect unless, after notice pursuant to Government Code Section 65090 and a public hearing, the City Council extends this urgency ordinance. Section 5. The City Attorney shall review and consider options for the regulation of massage establishments in the City and provide to the City Council a report describing the measures that the City has taken to address the conditions which led to the adoption of this interim urgency ordinance. Section 6. The City Clerk shall publish this urgency ordinance in the manner required by law. Section 7. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. Terry Nagel, Mayor [Certification on next page] I, MARY ELLEN KEARNEY, City Clerk of the City of Burlingame, do hereby certify that the foregoing ordinance was introduced and adopted at a regular meeting of the City Council held on the day of JANUARY`:' 5th 2015, by the following vote: AYES: COUNCILMEMBERS: BROWNRIGG, KEIGHRAN, NAGEL, ORTIZ, ROOT NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS:NONE ATTEST: _ZU40tW4 MARY ELLEN KEARNEY, City Clerk