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Home My WebLink About03 - Off-Premises Massage PermitsCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 3 September 14, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Dave Kiff, City Manager 949 - 644 -3000, dkiff @newportbeachca.gov SUBJECT: OFF - PREMISES MASSAGE PERMITS. RECOMMENDATION: Conduct second reading and adopt Ordinance No. 2010 -14 relating to off - premises massage permits. DISCUSSION: Ordinance No. 2010 -14 was considered and introduced at the August 10, 2010, meeting. It is appropriate to adopt the ordinance at the September 14 Council meeting. Environmental Review: Not applicable Submitted by: Dave KTff City Manager CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 3 September 14, 2010 Agenda Item No. -' August 10, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Dave Kiff, City Manager 949/644 -3002 or dkiff @newportbeachca.gov SUBJECT: ORDINANCE 2010- OFF- PREMISES MASSAGE PERMITS ISSUE: Consider changing the Municipal Code to allow local resorts to provide in -room massages, if provided by licensed massage therapists. Introduce Ordinance No. 2010 -_ relating to off - premises massage permits and pass to 2 n Reading on September 14, 2010. Under current law, massages can only take place in licensed massage establishments, such as gyms and spas. Following a request from operators of major resorts in the community (including the Island Hotel and the Resort at Pelican Hill) to also allow in -room massages if conducted by a licensed massage therapist), the City Attorney's Office and the Police Department have collaborated to propose a change to the Municipal Code that would allow in- room ( "off- premises ") massages, if the hotel or resort itself is a licensed massage establishment. Environmental Review: This action is not subject to the California Environmental Quality Act ( "CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Public Notice: This agenda item has been noticed according to the Ralph M. Brown Act (72 hours in advance of the public meeting at which the City Council considers the item). Submitted by: "�� &, Dave Kiff City Manager Attachment: Ordinance 2010- ORDINANCE NO. 2010- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING SUBSECTION 5.50.045(A) OF CHAPTER 5.50 OF TITLE 5 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO OFF - PREMISES MASSAGE PERMITS WHEREAS, the City of Newport Beach is authorized, by virtue of the State Constitution, the provisions of the City Charter and Sections 51030 et seq. of the California Government Code, to regulate massage establishments by imposing reasonable standards relative to the skill and experience of massage operators and massage technicians and reasonable conditions on the operation of the massage establishment; and WHEREAS, in order to minimize undesirable and illegal behavior that can occur in some massage establishments, courts have long recognized massage as a pervasively regulated activity. The establishment of reasonable standards for issuance of permits and restrictions on operations reduces the risk of illegal activity; and WHEREAS, at the same time, modern hotel and resort practices have encouraged the provision of amenities like in -room massages conducted by professional massage therapists, seeing such amenities as desirable additions to the resort experience; and WHEREAS, Newport Beach is home to several world -class hotels and resorts that are interested in including in -room massages in the menu of amenities offered to residents staying in our resorts; and WHEREAS, the restrictions and requirements contained in this ordinance protect the community's standards and interest, reduce the burdens on the Police Department and permit the deployment of the police personnel elsewhere such that more serious crimes may be prevented and more important laws enforced; and WHEREAS, the regulations and restrictions contained in this ordinance will encourage credible, upstanding license massage therapy in resort areas while continuing to discourage less desirable behavior and shall bear a reasonable and rational relationship to the goals sought to be achieved. NOW, THEREFORE, the City Council of the City of Newport Beach, California, hereby ordains as follows: SECTION 1: Subsection 5.50.045(A) of Chapter 5.50 of the Newport Beach Municipal Code is hereby amended to read as follows: 5.50.045 Off - Premises Massage Permit. A. For purposes of this chapter, a massage performed or administered off - premises and requiring an off - premises massage permit shall be one performed or administered for money or other consideration by a licensed massage technician at a location other than a licensed massage establishment. An off - premises massage permit shall not be required for a massage administered in a guestroom of a hotel with an on- premises licensed massage establishment by a licensed massage technician employed by the on- premises licensed massage establishment. The Chief of Police is authorized to promulgate guidelines governing massages administered within a hotel guestroom to protect the public's health, safety and welfare. SECTION 2: If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 3: This ordinance is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. SECTION 4: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper of the City, and it shall be effective thirty (30) days after its adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the 10th day of August, 2010, and adopted on the 24th day of August, 2010, by the following vote, to wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS, ABSENT COUNCILMEMBERS MAYOR ATTEST: Leilani Brown, City Clerk APPROVED AS TO FORM: OFFICE %O�FITHE CITY ATTORNEY David R. Hunt, City Attorney