HomeMy WebLinkAbout2010-14 - Amending Subsection 5.50.045(A) of Chapter 5.50 of Title 5 of the Newport Beach Municipal Code Pertaining to Off-Premises Massage PermitsORDINANCE NO. 2010 -14
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 ( "CEQX) 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, COUNCIL MEMBERS selich. Rosanskq. Henn. Webb.
Gardner, Daigle, Mayor Curry
NOES, COUNCIL MEMBERS None
ABSENT COUNCIL MEMBERS None
MAYOR
ATTEST:
Leilani Brown,
City Clerk
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
David R. Hunt,
City Attorney
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby
certify that the whole number of members of the City Council is seven; that the foregoing ordinance,
being Ordinance No. 2010.14 was duly and regularly introduced on the 10th day of August, 2010,
and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly
held on the 14th day of September, 2010, and that the same was so passed and adopted by the
following vote, to wit:
Ayes: Selich, Rosansky, Henn, Webb, Gardner, Daigle, Mayor Curry
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 15th day of September, 2010.
(Seal)
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify
that Ordinance No. 2010 -14 has been duly and regularly published according to law and the order of
the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of
general circulation on the following dates:
Introduced Ordinance: August 14, 2010
Adopted Ordinance: September 18, 2010
In witness whereof, I have hereunto subscribed my name this M A day of 5
2010.
cl � —
City Clerk '
City of Newport Beach, California