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
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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
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