HomeMy WebLinkAboutORD 02(2015)ORDINANCE NO.02(2015)
AN INTERIM ORDINANCE OF THE CITY OF DIAMOND BAR
PURSUANT TO GOVERNMENT CODE SECTION 65858 TEMPORARILY
PROHIBITING THE ESTABLISHMENT, EXPANSION OR RELOCATION
OF MASSAGE ESTABLISHMENTS CITYWIDE AND DECLARING THE
URGENCY THEREOF.
The City Council of the City of Diamond Bar does hereby ordain as follows:
SECTION 1. This Interim Urgency Ordinance is adopted pursuant to Section 65858 of
the California Government Code and is for the immediate preservation of the public
health, safety, and welfare.
SECTION 2. Purpose and findings. The City Council of the City of Diamond Bar hereby
by finds, determines, and declares this Interim Urgency Ordinance is necessary for the
following reasons:
A. On January 1, 2009, California Senate Bill 731 ("SB 731") was enacted,
adding Sections 4600 et seq. to the Business and Professions Code. The League of
California Cities described the intent of SB 731 to be an effort "to professionalize the
(massage) industry by creating uniform standards for massage practitioners and
therapists, with the idea that the massage industry should be treated 'no better and no
worse' than any other professional service provider."
B. SB 731 established a voluntary certification process for massage
professionals, provided for the creation of a new non-profit corporation, the California
Massage Therapy Council ("CAMTC"), to administer the certification process, and
restricted local control of massage establishments.
C. In 2011, California Assembly Bill 619 ("AB 619") amended Section 6412 of
the Business and Professions Code to further restrict local agencies' ability to regulate
and restrict massage establishments.
D. Under specified circumstances, SB 731, as amended by AB 619,
preempted cities and counties from imposing many local land use controls pertaining to
the regulation of massage establishments by transferring the local regulation of massage
establishments and practitioners to CAMTC. More precisely, these laws mandated that
a local agency's regulation of massage establishments "shall be no different than the
requirements that are uniformly applied to all other individuals and businesses providing
professional services," provided that such massage establishments (1) are owned by
CAMTC-certified massage professionals; or (2) employ only CAMTC-certified massage
professionals. In doing so, SB 731 and AB 619 prohibited cities and counties from
imposing regulations on massage establishments operating under the auspices of
CAMTC certification which were more restrictive than those imposed on medical
practitioners, attorneys, insurance agents, real estate agents, financial planners, or any
other type of professional service provider.
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E. Since the enactment of SB 731 and AB 619, jurisdictions have seen an
increase in the number of massage establishments as a whole, as well as an increase in
illicit massage establishments which engage in prostitution and human trafficking. The
increase in such illicit activity is largely due to the requirement that massage
establishments not be regulated more strictly than any other land use that provides
professional services, as well as fundamental flaws in CAMTC's organizational structure,
certification criteria and enforcement practices.
F. Since the enactment of SB 731, the number of massage establishments in
the City of Diamond Bar has increased by more than 250%, and the City was compelled
to permit at least seven massage establishments to open simply on the basis that the
owners and/or massage technicians were CAMTC certified.
G. In light of the enforcement issues encountered in other jurisdictions where
the number of massage establishments have dramatically increased, illegal activity may
also be occurring in some of Diamond Bar's massage establishments.
H. The presence of illicit massage establishments changes the character of
neighborhoods, causes blight, and impacts the local economy, as legitimate businesses
refuse to operate locate next door to such uses.
I. Illicit massage establishments threaten the public health, safety and welfare
in that they operate as fronts for prostitution and potentially human trafficking operations.
J. On September 18, 2014, the Governor signed into law Assembly Bill 1147
("AB 1147"), which, upon its effective date of January 1, 2015, restored significant local
land use authority over massage establishments by removing SB 731's broad state
preemption of local massage ordinances and giving local governments greater authority
to enact reasonable regulations to manage massage establishments in the best interests
of the individual community, including restoring the authority to impose regulations on
massage establishments that do not apply to other professional service providers. AB
1147 further mandates significant reforms to the organization and composition of the
CAMTC Board commencing July 1, 2015.
K. The City desires to amend the Diamond Bar Municipal Code by adopting
new zoning, land use and business licensing regulations that are consistent with the
provisions of AB 1147 in order to protect the health, safety and general welfare of all
persons from the negative effects illicit massage establishments impose on the
community. In order to maintain the status quo and to prevent the further proliferation of
illicit massage establishments in the City during the time needed to complete the
necessary studies and adopt appropriate regulations, this Ordinance shall prohibit the
establishment of new massage establishments or the relocation or expansion of existing
massage establishments as of the date of adoption hereof until new permanent
regulations are prepared and adopted by the City Council.
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SECTION 3. The issuance of land use entitlements, building permits, business
licenses, or other applicable approvals, license, prmits, or other entitlements for the
establishment of new massage establishments or the expansion or relocation of existing
massage establishments is hereby prohibited during the pendency of this Ordinance or
any extension thereof. For the purpose of this Ordinance, the term "massage
establishment' shall have the same meaning as set forth in Section 5.08.070(b)(3) of the
Diamond Bar Municipal Code.
SECTION 4. Severability. If any part or provision of this Ordinance or the
application to any person or circumstance is held invalid, the remainder of this Ordinance,
including the application of such part of provision to other persons or circumstances, shall
not be affected and shall continue in full force and effect. To this end, the provisions of
this Ordinance are severable.
SECTION 5. Urgency. Based on the findings set forth in Section 1 hereof, the
issuance of land use entitlements or business licenses for new massage establishments
or the expansion or relocation of existing massage establishments poses a current and
immediate threat to the public health, safety and welfare. The City desires to amend the
Diamond Bar Municipal Code by adopting new zoning, land use and business licensing
regulations that are consistent with the provisions of AB 1147 in order to protect the
health, safety and general welfare of all persons from the negative effects illicit massage
establishments impose on the community. Pending completion of the necessary studies
and adoption of appropriate regulations, it is necessary for the immediate preservation of
the public health, safety and welfare that this Ordinance take effect immediately in order
that new massage establishments are not established, and existing massage
establishments are not expanded or relocated, in a manner inconsistent with the new
regulations and requirements applicable thereto that the City intends to study and enact.
This Ordinance is adopted pursuant to California Government Code Section 65858 and
shall take effect immediately upon adoption by a four-fifths vote of the City Council. This
ordinance shall be in full force and effect for a period of forty-five (45) days from the date
of its adoption unless extended by the City Council in accordance with the provisions of
California Government Code Section 65858.
SECTION 6. Conflicting Laws. For the term of this Ordinance, or any extension
thereof, the provisions of this Ordinance shall govern over any conflicting provisions of
any other City code, ordinance, resolution or policy.
SECTION 7. This Urgency Ordinance is not subject to the California
Environmental Quality Act ("CEQK) because the proposed code amendment will not
result in a direct or reasonably foreseeable indirect physical change in the environment
(Section 15060(c)(2) of the CEQA Guidelines) and this ordinance is covered by the
general rule that CEQA applies only to projects that have the potential for causing a
significant effect on the environment (Section 15061 (b)(3) of the CEQA Guidelines).
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PASSED, APPROVED AND ADOPTED this 6th day of January, 2015.
1ZZOT
Steve Tye, Mayor/
I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Resolution was duly introduced, passed, and adopted by the City Council of
the City of Diamond Bar, at a regular meeting of the City Council held on the 6th day of
January, 2015, by the following vote:
AYES: Council Member: Herrera, Lin, Tanaka, MPT/Lyons, M/Tye
NOES: Council Member: None
ABSTAIN: Council Member: None
ABSENT: Council Member: None
Tommye Cribbins, City Clerk
City of Diamond Bar
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