HomeMy WebLinkAboutOrd 760 ORDINANCE NO. 760
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CATHEDRAL CITY AMENDING CHAPTER 5.33, "MASSAGE
THERAPY PERMITS" OF TITLE 5, "BUSINESS
REGULATIONS" OF THE CATHEDRAL CITY MUNICIPAL
CODE
WHEREAS,the City of Cathedral City("City") has recently uncovered illegal activity
occurring at multiple massage therapy establishments within the City; and
WHEREAS, the City anticipates and wishes to avoid massage therapy
establishments from re-opening in the same location and conducting the same illegal
activity shortly after closure; and
WHEREAS, the City's Municipal Code currently lacks the ability to regulate the re-
opening of the same type of business in the same location for a specified amount of time
after such establishment has closed due to criminal activity; and
WHEREAS, the City Council anticipates that certain massage therapy
establishments may attempt to re-open in the same location after the City has,worked to
close them, and may continue to conduct the same illegal; and
WHEREAS, the City Council wishes to balance and protect the rights of commercial
property owners and other innocent parties in order to ensure that they are not
inadvertently punished for the conduct of unscrupulous massage establishments; and
WHEREAS,the City Council desires to enact a regulation to require a new massage
therapy establishment to undergo a background check if the new establishment seeks to
open in the same location as any other massage establishment that was closed due to
criminal activity during the past year. necessary to protect the health and safety of the
general public.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY
DOES ORDAIN AS FOLLOWS:
Section 1. RECITALS
The Recitals set forth above are true and correct and incorporated herein by
reference.
Section 2. ADDING SECTION 5.33.045, "RESTRICTION ON SAME LOCATION
AFTER CLOSURE DUE TO CRIMINAL ACTIVITY", TO CHAPTER
5.33 "MASSAGE THERAPY PERMITS"TO THE CATHEDRAL CITY
MUNICIPAL CODE
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Cathedral City Municipal Code Section 5.33.045 shall be added to Chapter 5.33 of
the Municipal Code and shall include the following:
Section 5.33.045 Restriction on same location after closure due to criminal activity.
Notwithstanding any other provision of this Code to the contrary, when a
massage establishment has been closed due to criminal activity, any new massage
establishment wishing to open in the same location, the following provisions shall
apply:
A) As part of the business license application process, the applicant and
the on-site manager, if different from the applicant, shall be required to undergo a
background check.
B) This provision shall apply to all business license applicants who wish to
open a massage establishment in a location subject to this Section, including both
persons who possess a valid certification recognized by the state pursuant to
Chapter 10.5 of Division 2 of the California Business and Professions Code and
persons who do not possess such certification.
C) The background check required under this chapter shall be conducted
in the same manner as background checks conducted pursuant to Section
5.33.110(D). The applicant shall be required to complete all the same processes as if
he or she were applying for a massage establishment permit pursuant to Section
5.33.110.
D) The applicant shall be required to pay all fees for the background check
as required pursuant to Section 5.33.110(F).
Section 3. SEVERABILITY
The City Council declares that, should any provision, section, paragraph, sentence
or word of this ordinance be rendered or declared invalid by any final court action in a court
of competent jurisdiction or by reason of any preemptive legislation, the remaining
provisions, sections, paragraphs, sentences or words of this ordinance as hereby adopted
shall remain in full force and effect.
Section 4. ENVIRONMENTAL FINDINGS
The City Council finds that adoption of this ordinance is exempt from the provisions
of the California Environmental Quality Act pursuant to Title 14 California Code of
Regulations section 15061, subsection (b)(3), because there is nothing in this chapter or its
implementation that could foreseeably have any impact on the environment.
Section 5. SEVERABILITY
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The City Council declares that, should any provision, section, paragraph, sentence
or word of this ordinance be rendered or declared invalid by any final court action in a court
of competent jurisdiction or by reason of any preemptive legislation, the remaining
provisions, sections, paragraphs, sentences or words of this ordinance as hereby adopted
shall remain in full force and effect.
Section 6. AMENDING OF BAIL SCHEDULE
The City Attorney's Office is hereby directed to determine whether this ordinance
necessitates amendment of the City's Bail Schedule and to cause such necessary
amendments to be made and filed with the local branches of the Superior Court of the
County of Riverside.
Section 7. EFFECTIVE DATE
This Ordinance shall take effect thirty(30) days after its second reading by the City
Council.
Section 8. CITY ATTORNEY REVIEW
The City Attorney prepared and framed this ordinance pursuant to Section 1.04.010
of the Municipal Code and finds that the City Council has the authority to adopt this
ordinance, that the ordinance is constitutionally valid and that the ordinance is consistent
with the general powers and purposes of the City as set forth in Section 1.04.031 of the
Municipal Code.
Section 9. EXECUTION AND CERTIFICATION
The City Clerk shall certify to the passage of this Ordinance and shall cause the
same to be published according to law.
The foregoing Ordinance was approved and adopted at a meeting of the City
Council held on July 22, 2015 by the following vote:
Ayes: Councilmembers Aguilar, Carnevale and Kaplan; Mayor Pro Tem
Pettis and MAyor Henry
Noes: None
Abstain: None
Absent: None
Stanley E m enry
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ATTEST:
Mid _."1"Pkle-`1.
ary F. "low= I, it *lerk
APPROVED AS TO FORM:
Charles R. Green, City Attorney
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