ORDINANCE NO. 08- 26
AN URGENCY ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ORANGE
ESTABLISHING A TEMPORARY MORATORIUM
ON MASSAGE ESTABLISHMENTS PENDING
REVIEW AND UPDATE TO THE CITY' S
MUNICIPAL CODE AND ZONING CODE
WHEREAS, California Government Code Section 65858 authorizes the City Council to adopt an urgency ordinance imposing a temporary moratorium where there is a current and immediate threat to the public health, safety, or welfare; and WHEREAS, California Constitution, Article XI, Section 7, authorizes cities to make and enforce within its limits all local, police, sanitary, and other ordinances, and regulations not in conflict with general laws; and
WHEREAS, the City protects the health, safety, and welfare of the community through numerousavenues,including by establishing andenforcing zoning, licensing andhealth andsafety regulations on specified commercial activities; and
WHEREAS, in 2009, California SenateBill 731 createdthe California MassageTherapy Council (" CAMTC") which limited cities' ability to regulate massageestablishments; and WHEREAS, in 2015, California Assembly Bill 1147 restored the ability of cities to regulate massage establishments through land use and local licensing and health and safety requirements, subject to certain regulations; and
WHEREAS, the City is authorized by Statelaw, including, without limitation, California Government Code Section 51030 et seq. and California Business & Professions Code Section 16000et seq. to regulate massageestablishments; and
WHEREAS, such regulations include Chapter 5. 56 of the Orange Municipal Code OMC"), which contains the licensing requirements and operational standards for massage establishmentsin the City; and
WHEREAS, in addition to the requirements of OMC Chapter 5. 56, massage establishmentsarepermitted only where massageservicesarelawfully operatedasapermitted use orasanaccessoryusethatisclearlyincidentalandintegratedwiththeprimarybusiness,andwhere revenue derived from massage services does not exceed twenty- five percent ( 25%) of the business's gross income pursuant to OMC Section 17.13.040.PP; and WHEREAS, despite the above regulatory framework, in recent years, the City has experiencedissuesrelated to illicit sexual activity andsuspectedprostitution atbusinessesoffering massage services; and
WHEREAS, in recent years,substantialevidenceobtainedthrough more than twenty joint criminal investigations conducted by the Community Development Department's Code Enforcement Division andthe OrangePolice Departmenthasrevealedrecurring health, safety,and code violations, including, but not limited to, unlicensed operations, non-state-certified massage therapists, unpermitted constructionof rooms and shower facilities, unsanitaryand poorly maintainedfacilities, unlawful alcoholservice, illicit advertisingof unprofessionalconduct, and suspectedunlawful sexual activity; and
WHEREAS, earlier this year, the Orange Police Department's Special Weapons and Tactics Team executed a court- authorized search warrant at a massage establishment with assistancefrom the City' s Code Enforcement Division. The investigation documented multiple violations, including the absence of state-certified massagetherapists, evidence that massage services were being performed at the time of inspection, unlawful alcohol service, and other conditionsinconsistentwith lawful operation, therebydemonstratingtheongoingandimmediate nature of these enforcement concerns; and
WHEREAS, the aboveillegal activity resultedin significant public expenseincluding code enforcement inspections, law enforcement surveillance operations, and administrative and legal review and enforcement actions. These illegal activities diverted resources from other pressing City needs; and
WHEREAS, massageestablishmentsthat offer illicit sexual activity pose an immediate andsignificantthreatto the health, safetyandwelfareof the community. Among other things, these impacts include the potential for: ( 1) injury andabuseto patronsbeing solicited for unlawful services, and(2)increasedopportunitiesfor prostitutionactivityandhumantrafficking of workers by virtue of the secretive nature associatedwith offering unauthorized and undisclosed services; and
WHEREAS, pursuantto California Government Code Sections36937 and65858, theCity Councilmayadoptaninterim urgencyordinanceto protectthepublic safety, health, andwelfare.
Section65858specificallyallowsa temporarymoratoriumto prohibit anyusesthatmayconflict with acontemplatedzoningproposalthattheCity wishesto study; and WHEREAS, the City Council finds that the development and establishment of new massageestablishments, or the expansion or intensification of existing massageestablishments, mayhaveadverseimpactsontheenvironment,traffic, aesthetics,andvisualqualityof surrounding propertiesandon the economicvitality within the City, andsuchimpactsconstituteandposea current and immediate threat to the public health, safety, or welfare; and WHEREAS, City staff requires time to further gather data about the adverseimpacts of massageestablishmentsthat provide illicit services, and to research, study, and consider ways to amend the City' s regulatory process and the Orange Municipal and Zoning Codes to protect the publichealthandsafetyandreduceillegal activitiesoccurringatthesebusinesses; and WHEREAS, all legal prerequisites to the adoption of this urgency ordinance have occurred.
2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES HEREBY ORDAIN AS FOLLOWS:
SECTION I:
CEQA. The City Council finds that this ordinance is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act (" CEQA") Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly. The City Council further finds, under Title 14 of the California Code of Regulations, section 15061( b)( 3) that this interim urgency ordinance is nonetheless exempt from the requirements of CEQA. Where it can be seenwith certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
SECTION II:
Incorporation. The recitals above are each incorporated by reference and adopted as findings by the City Council.
SECTION III:
Urgency Findings. This Ordinance is adopted under the provisions of California Government Code Sections36937 and 65858. The City Council finds that massageestablishments as described herein pose significant and urgent threats to the health, safety and welfare of the community as follows:
a. In recent years, the City has experienced issues related to illicit sexual activity and suspectedprostitution at businessesoffering massageservices. b. In recent years, the Community Development Department's Code Enforcement Division and the Orange Police Department have received emails, calls for service, and anonymouscomplaints from community membersreporting suspectedprostitution and illicit sexualactivity occurring at massageestablishmentswithin the City. c. In recent years, substantialevidence obtained through more than twenty joint criminal investigations conducted by the Community Development Department' s Code EnforcementDivision andthe OrangePolice Departmenthasrevealedrecurring health, safety, and code violations, including, but not limited to, unlicensed operations, non- state- certified massage therapists, unpermitted construction of rooms and shower facilities, unsanitary and poorly maintained facilities, unlawful alcohol service, illicit advertising of unprofessional conduct, and suspectedunlawful sexual activity; d. Earlier this year, the Orange Police Department's Special Weapons and Tactics Team executed a court- authorized search warrant at a massage establishment with assistance from the City' s Code Enforcement Division. The investigation documented multiple violations, including the absenceof state-certified massagetherapists, evidence that massageservices were being performed at the time of inspection, unlawful alcohol 3 service, andotherconditionsinconsistentwith lawful operation,therebydemonstrating the ongoing and immediate nature of theseenforcement concerns; e. The above illegal activity resulted in significant public expenseincluding code enforcement inspections, law enforcement surveillance operations, and administrative and legal review and enforcement actions. These illegal activities diverted resources from other pressing City needs.
f. Massage establishments that offer illicit sexual activity pose an immediate and significant threat to the health, safety and welfare of the community. Among other things, these impacts include the potential for: ( 1) injury and abuseto patrons being solicitedfor unlawful services, and(2) increasedopportunitiesfor prostitutionactivity and human trafficking of workers by virtue of the secretive nature associatedwith offering unauthorized and undisclosed services.
SECTION IV:
Directive.TheCity Councilherebydirectsandordersthat,duringthetimethatthisurgency ordinance is in effect, the City will not approveor issueany usepermit, variance, building permit, or other applicable entitlement for the following: New massageestablishments,or the enlargement of existing massageestablishments. During the moratorium period, any massageestablishment thathasobtainedausepermit will be allowedto obtainalicenseandbuildingpermitto establish.
Existing massagebusinessesmay continue to apply for licensesor license renewals, and the City may continue to make final decisions on those applications.
SECTION V:
Applications. The City will continue to acceptand processapplications for usesprohibited by this moratoriumif so legally required. Any applicationreceivedand processedduring the moratoriumshallbeprocessedattheapplicant's solecostandrisk with theunderstandingthatno permit, approvalor otherentitlementfor a usecoveredby Section4, above, may issuewhile this moratoriumor any extensionthereofis in effect. Notwithstandinganythingto the contrary, the City will process and make final decisions on massage establishment license applications and renewals thereof during the moratorium period or any extensionthereof.
SECTION VI:
Effective Date and Duration. In accordance with California Government Code Sections 36937 and 65858, this moratorium shall take effect immediately upon its adoption by a four-fifths 4/5) vote of the City Council and shall remain in full force and effect for forty- five( 45) daysfrom the dateof adoption unless earlier repealedor extendedby the City Council pursuantto California Government Code Section 65858.
4 SECTION VII:
Report.No lessthan10daysprior to thescheduledexpirationof this Ordinance, staffshall issue a report to the City Council on the progressof its study and on determinations for how the City should proceed, insofar asconclusions havebeen drawn.
SECTION VIII:
Custodian of Records. The custodian of records for this Ordinance is the City Clerk and the records comprising the administrative record are located at OrangeCity Hall, 300 E. Chapman Avenue, Orange, California 92866.
SECTION IX:
Enforcement. The City may enforce any provision of this Ordinance by mandamus, injunction, or any other appropriate civil remedy in any court of competentjurisdiction.
SECTION X:
If any section, subdivision, paragraph, sentence, clauseor phrase of this Ordinance is for any reasonheld to be invalid or unconstitutional, suchdecision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declaresthat it would havepassed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one( or more) section, subdivision, paragraph, sentence, clauseor phrasehad beendeclaredinvalid or unconstitutional.
SECTION XI:
The City Clerk is hereby directed to certify the adoption of this Ordinance and causethe sameto be published asrequired by law.
ADOPTED this 26th day of May, 2026.
iel R. Slater, Mayor, City of Orange
5 ATTEST:
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PamelaColeman, City Clerk, City of Orange
APPROVED AS TO FORM:
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Nathalie Adourian, CityAttorney, Cityof OrangeY g
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE
I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify thattheforegoingUrgencyOrdinancewasduly passedattheregularmeetingof theCity Council held on the 26th day of May, 2026 by the following vote, to wit:
AYES: COUNCILMEMBERS: Bilodeau, Barrios, Dumitru, Tavoularis, Gutierrez, Gyllenhammer, Slater
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
PamelaColeman, City Clerk, City of Orange
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