Consideration of Proposed New
Massage Ordinance and Related Fees
Consideration of Code Amendments
Pertaining to Adult Entertainment
City Council Meeting
March 4, 2025
1Lou Kirk
Assistant Chief Building Official
Planning and Economic Development
2 Background
• Heightened community concerns
• Apparent proliferation of illicit uses
• Potential for human trafficking, negative
community impacts, and threats to the public
health and safety
• Increased inspections and enforcement by
Police and Code Enforcement
• Comprehensive ordinance redesign
undertaken
• Proposal to update existing massage
regulations
Quantifying Community Concerns
Approximately 130 known
massage businesses exist
in the City at present.
• Not all are permitted
• The number operating
illicitly is not yet known
3 Background
• Ordinance 3937 adopted in 2010
• Business License/ revenue oriented
• Minimal regulation/enforcement
• Changes in State laws have further misaligned
the City’s ordinance
• Outreach
• Community Meetings with the public (April-May 2024)
• Public Safety Subcommittee Meeting (October 2024)
• Massage Industry Community Meeting (January 2025)
• Planning Commission Meeting – February 27, 2025
• Industry input invited through February 2025
4 Public Feedback
• Early Community Meetings
• Well attended public response to perception of illicit massage establishments increasing prevalence
• Environment of fear and anger with the perception that this issue was not being managed by the City.
• Massage Industry Meeting
• Well attended.
• Concerns regarding mobile massage, financial impacts. • Staff focus on eliminating illicit massage uses, emphasis of not penalizing legitimate businesses.
• Proposed ordinance concept was positively received.
• Ongoing outreach and transparency has been beneficial to continuing efforts.
• Planning Commission Meeting
• Positive feedback from the Public and the Massage Community. 5 Ordinance Redesign
• Public health and safety focus
• Realigning City codes with State standards
• Provide robust enforcement tools
• Seek to eliminate the proliferation and
existence of illicit massage uses
• Providing a balance for good actors
• Support the success of legitimate massage
uses by minimizing impacts to the greatest
extent possible
6 New City Ordinance
7 • Requirements Listed in Zoning Code
(Requirements in Title 6 will be repealed)
• Therapist registration through certifying bodies
• Establishment registration through City
• Operational and inspection requirements
• Exemptions and Administrative Adjustments
• Categorized violation types
• Enforcement and revocation
• Graduated violation types (“Gross” and “Procedural”)
• 180 days to obtain certificate
• 2-year renewal process
• Related Zoning Code amendments required
• Land use Tables, Permit Review Procedures, Definitions Zoning Code Amendments
8 • Required for clarity and internal consistency
• Zoning Code Land Use Tables
• Addition of “Massage Related Uses” as a permitted use • Table 2-6 (commercial zones)
• Table 2-10 (industrial zones)
• Permit Review Procedures
• Addition of Administrative Adjustment process
• Provides relief for certain business types
• Director-level review
• Definitions/Glossary
• Addition of definition “Massage related uses”
• Amendment of term “Business/Service” within the
definition of “Office”
Proposed Certificate Fees
9 • New Certificate - $205.75
• Certificate Renewal - $148.88
• Certificate Renewal (Active Code Case) - $334.92
• Administrative Adjustment - $149.72
• Additional inspection fees at full staff cost if
business triggers additional inspections
• Mobile massage not required to pay inspection
portion of fee total
Additional ZC Amendments
10 • Not related to Massage Ordinance
• Identified during Zoning Code review process
• Necessary for internal code consistency
• Clarifies permitting requirements for “Adult
Entertainment Businesses”
• Amendment of Zoning Code Land Use Tables
• Establishes CUP requirement
• Table 2-6 (commercial zones)
• Table 2-10 (industrial zones)
Planning Commission
11 • Recommended changes (2/27 meeting)
• Definitions
• Addition of “Administrative Adjustment”
• Revised “Certified Massage Therapist”
• Revised “Certifying Body”
• Hours of Operation
• Proposed as 7:00 a.m. to 10:00 p.m.
• Revised to 7:00 a.m. to 8:00 p.m.
• Associated related adjustments
• Minor errata cleanup
• Section 20-49.090(B)(4) and (D)(2)
Recommendation
The Planning Commission and the Planning
and Economic Development Department
recommends that the City Council:
1. Introduce an ordinance to establish regulations
for massage businesses;
2. Introduce an ordinance to establish permitting
requirements for adult entertainment businesses;
and
3. Adopt a resolution to establish fees for massage
business certification and other related services.
12 Questions
Lou Kirk
Assistant Chief Building Official
[email protected]
13