HomeMy WebLinkAbout03 - Off-premises Massage PermitsCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 3
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.
RECOMMENDATION:
Introduce Ordinance No. 2010 - relating to off - premises massage permits and pass to 2nd
Reading on September 14, 201(T
DISCUSSION:
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