Business Agenda Item 5a
STAFF REPORT
Business Agenda Item
DATE: September 21, 2026
TO: Honorable Mayor and Council Members
FROM: Matthew Eberhardt, Interim Chief of Police
THROUGH: Amy Nilsen, City Manager
SUBJECT: Second Reading and Adoption of Ordinance 2026-788, Adding Chapter 5.30 to the Fortuna Municipal Code Regulating Massage Establishments STAFF RECOMMENDATION:
Second reading and adoption, by title only, of Ordinance 2026-788, adding Chapter 5.30 to the Fortuna Municipal Code to establish registration, operating, inspection, and enforcement requirements for massage establishments operating within the City of Fortuna.
EXECUTIVE SUMMARY:
The Police Department is requesting that the City Council consider adopting a new chapter of the Fortuna Municipal Code regulating massage establishments operating within the City.
Massage establishments are lawful businesses that provide legitimate therapeutic, health, and wellness services. However, massage businesses may also be used to facilitate prostitution, human trafficking, sexual exploitation, controlled-substance activity, and other unlawful conduct when adequate operating standards and regulatory oversight are not in place.
California law provides for certification and oversight of massage professionals through the California Massage Therapy Council, commonly referred to as CAMTC. State law also preserves the authority of local governments to regulate massage establishments, business operations, and land uses in a manner consistent with state law.
The proposed ordinance would establish a local registration program for massage establishments, require background investigations and registration certificates for certain owners, operators, managers, and non-CAMTC massage professionals, and establish minimum operating, sanitation, identification, and facility requirements.
The ordinance would also authorize the Chief of Police to deny, refuse to renew, suspend, or revoke a massage establishment registration when qualifying violations occur. The proposed ordinance includes notice, hearing, and appeal procedures intended to provide due process to affected applicants and businesses.
Business Agenda Item 5a
DISCUSSION:
The Fortuna Municipal Code does not currently contain a comprehensive regulatory chapter governing massage establishments. While massage establishments are lawful businesses that provide legitimate therapeutic and wellness services, the City identified the need for local operating standards and enforcement authority following a recent investigation involving a local massage establishment. The proposed ordinance is intended to provide the City with appropriate regulatory tools to address businesses used to facilitate unlawful activity while supporting legitimate massage establishments.
The proposed ordinance establishes a local registration program for massage establishments operating within the City while recognizing the State's authority over CAMTC-certified massage professionals.
It also establishes minimum operating, sanitation, inspection, and identification requirements intended to protect public health, safety, and welfare while supporting legitimate massage businesses.
The ordinance authorizes the Chief of Police to deny, refuse to renew, suspend, or revoke a massage establishment registration when specified violations occur. It also establishes notice and appeal procedures to ensure due process while providing the City with appropriate administrative enforcement authority.
In addition to administrative enforcement, the ordinance provides civil, criminal, and nuisanceabatement remedies for violations and authorizes administrative inspections to ensure compliance with the chapter.
Overall, the proposed ordinance provides the City with a clear regulatory framework for massage establishments while balancing public safety, legitimate business operations, and procedural due process.
STRATEGIC PLAN 2026-2036:
This action supports the following area(s) of your City Council’s Strategic Plan 2026-2036.
Core Values:
Quality of Life: Family, Nature & Neighbors – Safety, family life, care for youth, cleanliness, parks, forests, and rivers. Fortuna's #1 value across every instrument and generation in this process.
Priorities:
Priority 1: Clarity, Culture & Capacity for Organizational Health FISCAL IMPACT:
No fiscal impacts are anticipated. Administration and enforcement of the proposed ordinance can be accomplished within the City’s existing adopted budget. Once the administrative costs associated with the registration program are known, the City Council may consider establishing registration fees by resolution to offset those costs.
Business Agenda Item 5a
ALTERNATIVES TO STAFF RECOMMENDATION:
1. Deny the proposed ordinance amendment – Not recommended.
Denial would maintain the current Municipal Code without comprehensive massage establishment registration, operating, inspection, suspension, revocation, and appeal procedures. The City would continue to have limited local regulatory tools specifically addressing massage establishments and related unlawful activity.
2. Continue and provide direction – Not recommended.
While the City Council may continue the item and direct staff regarding additional revisions, doing so would delay implementation of the proposed regulatory framework. Staff believe timely adoption is appropriate given the City’s recent need for clearer local regulatory authority over massage establishments.
RECOMMENDED COUNCIL ACTION:
1. Receive staff report and review questions with staff;
2. Open Public Comment
3. Close Public Comment
4. Motion to conduct second reading and adopt Ordinance 2026-788, read by title. Roll Call vote.
ATTACHMENTS:
Ordinance 2026-788, An Ordinance of the City Council of the City of Fortuna Adding Chapter
5.30 to Article 5 of the Fortuna Municipal Code Regulating Massage Establishments