Loading...
HomeMy WebLinkAbout85-11 - Establishing a Moratorium on the Issuance of Massage Parlor Permits or Issuance of Business Licenses Within the City for the Purpose of Establishing Massage ParlorsORDINANCE NI). 85 -11 • AN URGENCY ORDINANCE OF THE CITY OF NEWPORT BEACH ESTABLISHING A MORATORIUM ON THE ISSUANCE OF MASSAGE PARLOR PERMITS OR ISSUANCE OF BUSINESS LICENSES WITHIN THE CITY FOR THE PURPOSE OF ESTABLISHING MASSAGE PARLORS WHEREAS, there presently are a large number of massage parlors located within the City of Newport Beach; and WHEREAS, the City has no existing zoning ordinances which regulate or control massage parlors; and WHEREAS, the City Council finds that the continued proliferation of massage parlors could alter the character of developed neighborhoods and prevent the orderly and reasonable development of new commercial development; and WHEREAS, the City Council finds that massage parlors, when concentrated in specific areas of neighboring cities, have • contributed to a reduction in property values and an increase in crime; and WHEREAS, the Newport Beach Police Department has recently made a large number of arrests for prostitution based upon conduct occurring inside massage parlors; and WI-EREAS, the City Council has determined that there is current and immediate threat that an unplanned and unregulated increase in the number of massage parlors in the City of Newport .Beach, or a concentration of existing massage parlors in a smaller area, would tend to attract and increase transients, adversely affect property values, encourage relocation of existing residences and businesses to other areas and increase the crime rate; and WHEREAS, the City Council now desires to instruct the • Planning Corrmission, or Planning Department, to study appropriate land use regulations for massage parlors; and WHEREAS, the City Council finds that, pending . consideration by the Planning Commission of a comprehensive zoning ordinance to regulate the establishment and /or location of new massage parlors within the City, and to protect against the current and immediate threat to the public health, safety and welfare of its citizens, it is necessary to prohibit the establishment of any new massage parlors in the City of Newport Beach; and WHEREAS, the City Charter of the City of Newport Beach and Gov't. Code Section 65858 authorize the City to adopt an interim zoning ordinance, on an emergency basis, prohibiting for a reasonable period of time, any use which may be in conflict with a contemplated zoning proposal that the City Council, Planning Commission, or Planning Department are considering, studying or intend to prepare and study; and WHEREAS, in enacting this emergency Ordinance, the City Council hereby finds and declares that it is acting pursuant to the provisions of the City Charter and the authority of Gov't. Code Section 65858. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES ORDAIN AS FOLLOWS: SECTION I. No person shall open, establish or operate a massage parlor within the City of Newport Beach. SECTION 2. This Ordinance shall not apply to any massage parlors lawfully in existence as of the date of this ordinance; provided, however, that such massage parlors shall not relocate, increase, intensify or expand their present operations. SECTION 3. For the purpose of this ordinance, the terms "massage" and "massage parlor" shall be defined as • follows: a) Massage: Any method of treating the external parts of the body for remedial, hygienic or any other reason or purposes, whether by rubbing or touching parts of the 2 body with the hand or an instrument, or by application of any • substance or thing, including, but not limited to, electricity, water or vapor, oil or alcohol, by way of immersion, transmission or any other procedure; b) Massage Parlor: Any business conducted within the City of Newport Beach where any person, for money or any other consideration, administers to another person a massage. SECTION 4. This Ordinance shall be effective immediately, for a period of 45 days from the date of adoption thereof; provided, however, that after notice, as provided in the Newport Beach City Charter and Gov't. Code Section 65090, and public hearing thereon, the City Council may extend such interim Ordinance for 10 months and 15 days and subsequently extend the interim Ordinance for one year. SECTION 5. This Ordinance is declared by the City Council to be necessary as an emergency measure to protect • against the current and immediate threat to the public peace, health, safety and welfare for the reasons stated herein and shall take effect immediately. SECTION 6. This Ordinance shall be published once in the official newspaper of the City of Newport Beach. This Ordinance was introduced and adopted as an emergency Ordinance, at a regular meeting of the City Council of the City of Newport Beach held on the 8th day of April, 1985, and was adopted on the 8th day of April, 1985 by the following vote: AYES, COUNCILMEMBERS Cox, Hart, Heather, Maurer, Plummer, Strauss s3