City of Culver City, California
Agenda Item Report
Meeting Date: 04/13/2015 Item Number: A-1
CITY COUNCIL AGENDA ITEM: FOUR-FIFTHS VOTE REQUIREMENT – Adoption of
an Ordinance Establishing a Citywide 45-Day Moratorium on the Issuance of Any
New Permit, License, Approval or Entitlement Pertaining to New Massage
Establishments or the Location or Relocation of Existing Massage Establishments
Within the City, and Declaring the Urgency Thereof and that it Shall Take Effect
Immediately.
Contact Person/Dept.:
Lisa Vidra/City Attorney
Thomas Gorham/Planning Division
Phone Number:
310-253-5660
310-253-5710
Fiscal Impact: Yes [] No [x] General Fund []
Public Hearing: [] Action Item: [X] Attachments: [X]
Public Notification: (E-Mail) Meetings and Agendas – City Council (04/08/15)
Departmental Approval:
Carol Schwab (04/07/15)
Sol Blumenfeld (04/07/15)
City Attorney Approval:
Carol Schwab (04/07/15)
Chief Financial Officer Approval:
Jeff Muir (by M. Noller) (04/08/15)
City Manager Approval:
John M. Nachbar (04/08/15)
RECOMMENDATION:
Staff recommends the City Council adopt an Ordinance establishing a Citywide 45-day
moratorium on the issuance of any new permit, license, approval or entitlement
pertaining to new massage establishments or the location or relocation of existing
massage establishments within the City, and declaring the urgency thereof and that it
shall take effect immediately. (This item requires a four-fifths vote.)
BACKGROUND:
In 2008, Senate Bill 731 (“SB 731”) was adopted by the California Legislature and
signed by the Governor. It became effective on January 1, 2009, enacting Business
and Professions Code §4600 et seq., which preempted many local controls relating to
massage therapy and massage establishments. SB 731 also provided for the
certification and oversight of massage practitioners and massage therapists by a non-
profit entity named the California Massage Therapy Council (“CAMTC”). SB 731 a l s o
shifted professional licensing from local governments to the CAMTC. Certificates
issued by the CAMTC to qualified applicants entitled the holder to practice
massage therapy anywhere in the State, without the necessity of complying with
certain local rules. In 2011 and 2012, additional amendments were made to the various
provisions of Business and Professions Code § 4600 et seq., further limiting the City’s
ability to regulate massage establishments.
Throughout the state, cities have reported that these state laws had the unintended
consequence of resulting in a proliferation of massage establishments throughout City of Culver City, California
Agenda Item Report
California, many of which were or are believed to be fronts for prostitution and or human
sex trafficking.
The Culver City Police Department (CCPD), the Enforcement Services Division of the
Community Development Department, and the Business Tax Division of the Finance
Department have all received complaints of suspected illicit activity occurring at
massage establishments located in the City. CCPD and Enforcement Services
investigations reveal that a number of local massage establishments are advertised or
reviewed online in the adult entertainment section of rubmaps.com, backpage.com, and
mpreviews.com, strongly suggesting illicit activity. Also, over the past several years,
CCPD has investigated several local massage establishments and made arrests for
prostitution. Staff’s enforcement efforts were able to effect the closure of two massage
establishments where prostitution was occurring. Due to the complaints, illicit behavior
and the suspected advertising of illicit activity, massage establishments require a higher
level of scrutiny and enforcement than other businesses.
SB 731 sunset on January 1, 2015, and was replaced by AB 1147 (“Massage Therapy
Act of 2014”), which provides local governments with renewed regulatory authority. Due
to the new legislation and in order to ensure the City’s business permitting regulations,
land use regulations and zoning provisions are adequate, and that massage
establishments will be regulated in a manner that protects the public and satisfies the
policies, goals, and objectives of the General Plan, a thorough review and analysis of
AB 1147 is necessary.
DISCUSSION:
With the passage of AB 1147, certain provisions of the current Culver City massage
ordinance, found at Chapter 11.07 of the Culver City Municipal Code (“CCMC”), may
conflict with the new state law. As a result of the January 1, 2015 effective date of AB
1147, it is urgent that the City undertake a review if its current massage regulations in
order to determine how such regulations may be revised in order to be consistent with
state law, while still providing comprehensive regulations for the establishment, use and
operation of businesses offering massage services in the City, so that the public health,
safety and welfare remain protected.
Staff needs time to study this issue and to prepare and present recommended
regulations of these massage establishments to the City Council for its consideration.
Based on the above, Staff recommends that for a period of 45 days from the date
of adoption of the proposed ordinance, no permits, licenses or entitlements shall be
accepted, no consideration of any application for a permit, license or entitlement shall
be made, and no permit, license or entitlement shall be approved or issued for new
massage establishments or the relocation of existing massage establishments. In
addition, as included in the proposed ordinance, staff recommends that no
existing massage establishment may expand, whether by means of additional
space, construction of a new facility, or by reconfiguration. For the purposes of
this moratorium, “massage establishment” has the same meaning as “massage
business” in CCMC Chapter 11.07.
City of Culver City, California
Agenda Item Report
If the City Council adopts the proposed ordinance, Staff will be directed to study and
analyze issues related to the establishment, permitting and operation of
massage establishments within the City, and the potential impacts of such
facilities on the public health, safety and welfare of the community, the
desirability of such facilities in various zones, and the extent of regulatory
controls, if any, to impose on such facilities. Staff will then report back to
the City Council, with its recommendations on proposed land use and
operational regulations.
Legal Authority
The proposed ordinance is not subject to the California Environmental Quality
Act (“CEQA”) pursuant to CEQA guidelines, California Code of Regulations, Title
14, Chapter 3, §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 §15378] because it has no potential for
resulting in physical change to the environment, directly or indirectly; rather it
prevents changes to the environment pending the completion of the
contemplated review of massage establishments.
Government Code Section 65858 provides that an urgency ordinance may be adopted
without prior public notice or public hearing by a four-fifths vote of the legislative body
upon a finding that the action is required to protect the public safety, health and welfare.
Such ordinance shall have no further force and effect 45 days from the date of its
adoption. However, after notice and a public hearing, such ordinance may be extended
for a period of ten months and 15 days, and subsequently extended for an additional 12
months. Not more than two extensions may be adopted.
Culver City Charter Section 614, provides additional authority for the City Council to
adopt an ordinance as an urgency measure for preserving the public peace, health or
safety by a four-fifths vote.
FISCAL ANALYSIS:
The adoption of the proposed ordinance would result in the City not collecting any
business tax certificate fees or permit application fees for massage businesses.
Because it is speculative to determine the exact number of applications the City may
have received during the period of the moratorium, it is difficult to determine the fiscal
impact at this time.
ATTACHMENTS:
Proposed Ordinance
City of Culver City, California
Agenda Item Report
MOTION:
That the City Council:
Adopt an Ordinance establishing a Citywide 45-day moratorium on the issuance of
any new permit, license, approval or entitlement pertaining to new massage
establishments or the location or relocation of existing massage establishments
within the City, and declaring the urgency thereof and that it shall take effect
immediately. (This item requires a four-fifths vote.)