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File #: 2015-187    Version: 1 Name:
Type: Staff Report Status: Action Items
File created: 5/15/2015 In control: City Council
On agenda: 5/27/2015 Final action:
Title: Proposed Ordinance Regarding Massage Therapy Establishments
Attachments: 1. 1215 - Massage Ord. with Bkrd Check Rqmt (05.15.pdf
Related files: 2015-265
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City Council

MEETING DATE: 5/27/2015
TITLE:
Title
Proposed Ordinance Regarding Massage Therapy Establishments
End

FROM:
Pat Milos, Community Development Director
Nicholas Hermsen, Deputy City Attorney

RECOMMENDATION:
Recommendation
Staff recommends that the City Council review this staff report and attached ordinance and direct that the ordinance be brought back for consideration at the next regular City Council meeting.
Body


BACKGROUND:
Since 2014, City staff has moved to revoke the business license of three massage establishments on the grounds that the establishments had violated City ordinances. In two of the three cases, a police sting uncovered prostitution at the establishment.

Last year, the City Attorney's office prepared an ordinance which would have prohibited a new massage establishment from opening in the same location where a former establishment had been closed due to criminal activity for a period of one year after closure. The purpose of this proposal was to avoid the persons behind the former massage establishment from continuing to operate in an illegal manner under a different name, which is a problem that has occurred in other jurisdictions and which may have also occurred in Cathedral City previously. The City Council declined to adopt the proposed ordinance at that time, primarily due to concerns that the ordinance would serve to punish an innocent landlord.

This proposed ordinance would instead require a new massage establishment operator and on-site manager to undergo a background check prior to operating in such a location for a period of one year, at the establishment's expense.

The State updated its massage statutes last year. As such, it is appropriate to update the City's ordinance to ensure it fully complies with State law. Additional updates and modifications are also proposed via this ordinance. These updates have been prepared in close cooperation with Code Compliance personn...

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