Rancho Palos Verdes City Council
   

February 21, 2006 CONSIDERATION OF AN ORDINANCE REGULATING MASSAGE ESTABLISHMENTS IN THE CITY February 21, 2006 CONSIDERATION OF AN ORDINANCE REGULATING MASSAGE ESTABLISHMENTS IN THE CITY February 21, 2006 CONSIDERATION OF AN ORDINANCE REGULATING MASSAGE ESTABLISHMENTS IN THE CITY



TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

FROM: Carol Lynch, City Attorney

DATE: February 21, 2006

SUBJECT: CONSIDERATION OF AN ORDINANCE REGULATING MASSAGE ESTABLISHMENTS IN THE CITY

RECOMMENDATION

Read Ordinance No. ____ "AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES REGULATING MASSAGE ESTABLISHMENTS AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE" by title only, waive further reading, and introduce the ordinance.

BACKGROUND

The attached ordinance amends the City’s regulations governing massage establishments and massage technicians to comply with recent changes to state law that became effective on January 1, 2006. These changes, enacted by Assembly Bill 665 (A.B. 665), make denial of a massage license mandatory, rather than discretionary, if the City has proof that business’ owners, operators or personnel are subject to the Penal Code’s sex offender registration provisions. The legislation also requires that the City’s massage licensing ordinance declare that a massage license shall be denied in such circumstances. These provisions were presented previously to the City Council in December of 2006, along with the proposed regulations governing peddlers and catering trucks. The City Council directed that it wished to consider this issue separately from the regulation of peddlers.

DISCUSSION

The Ordinance contains provisions amending the City’s regulations governing massage establishments and massage technicians. The amendments are necessitated by the adoption of A.B. 665 (Salinas), concerning massage licensing ordinances and the grounds for denying a license to operate a massage business. A.B. 665 requires massage ordinances to provide for denial of a massage license upon proof that the business’ owners, operators or personnel are subject to the Penal Code’s sex offender registration provisions. The legislation became effective on January 1, 2006.

State law authorizes cities to adopt licensing ordinances for massage businesses. These statutes are codified at Government Code Section 51030 et seq. Government Code Section 51032 identified certain grounds to deny a license denial grounds that may be, but do not have to be, included in a massage licensing ordinance. One of those grounds for denial is that the City has proof that the business’ owners, operators or personnel are subject to the sex offender registration provisions of Penal Code Section 290. However, implementation of that basis for denial was discretionary.

A.B. 665 amends Section 51032 to make denial of a massage license mandatory, rather than discretionary, if the City has proof that business’ owners, operators or personnel are subject to the Penal Code’s sex offender registration provisions. The legislation also requires that the City’s massage licensing ordinance declare that a massage license shall be denied in such circumstances. This requirement became effective on January 1st.

The City adopted a comprehensive regulatory scheme for licensing massage establishments and technicians in 2003. The existing regulations must be modified to insert the declaration required by A.B. 665. The required revisions are set forth in the attached ordinance.

Section 1 of the ordinance amends Section 5.24.050 of Chapter 5.24 of Title 5 of the Municipal Code governing the licensing of massage establishments by adding new paragraph F, which will read as follows:

"F. Notwithstanding any other provision of this Code, an application for a permit shall be denied upon a showing by the City of proof that either the massage personnel or the owner(s) or operator(s) of the proposed massage business are required to register under the provisions of California Penal Code Section 290."

Section 2 makes the corresponding amendments to the licensing provisions for massage technicians, amending Section 5.24.230 of Chapter 5.24 of Title 5 of the Municipal Code by adding new paragraph F, which will read follows:

"F. Notwithstanding any other provision of this Code, an application for a permit shall be denied upon a showing by the City of proof that the applicant is required to register under the provisions of California Penal Code Section 290."

CONCLUSION

If the City Council concurs with Staff’s recommendation, the City Council should read the attached Ordinance by title only, waive further reading, and introduce the Ordinance.

Respectfully submitted,

Carol Lynch, City Attorney

Reviewed by,

Les Evans, City Manager

Attachment:

Draft Ordinance

ORDINANCE NO. ___

AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES REGULATING MASSAGE ESTABLISHMENTS AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE

THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Section 5.24.050 of Chapter 5.24 of Title 5 of the Rancho Palos Verdes Municipal Code is hereby amended by adding new paragraph F thereto to read follows:

"F. Notwithstanding any other provision of this Code, an application for a permit shall be denied upon a showing by the City of proof that either the massage personnel or the owner(s) or operator(s) of the proposed massage business are required to register under the provisions of California Penal Code Section 290."

Section 2. Section 5.24.230 of Chapter 5.24 of Title 5 of the Rancho Palos Verdes Municipal Code is hereby amended by adding new paragraph F thereto to read follows:

"F. Notwithstanding any other provision of this Code, an application for a permit shall be denied upon a showing by the City of proof that the applicant is required to register under the provisions of California Penal Code Section 290."

Section 3. The City Council declares that, should any provision, section, paragraph, sentence, or word of this ordinance be rendered or declared invalid by any final action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this ordinance shall remain in full force and effect.

Section 4. The City Clerk shall cause this Ordinance to be posted in three (3) public places in the City within fifteen (15) days after its passage, in accordance with the provisions of Section 36933 of the Government Code. The City Clerk shall further certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting, to be entered in the Book of Ordinances of the Council of this City.

Section 5. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage.

PASSED, APPROVED and ADOPTED this _______ day of _______________, 2006.

_____________________________

Mayor

ATTEST:

___________________________

City Clerk