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