ORDINANCE NO. 1121
AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
STANTON, CALIFORNIA ESTABLISHING A TEMPORARY MORATORIUM ON
SPECIFIED PERSONAL SERVICE AND MEDICAL OFFICE BUSINESSES PENDING STUDY AND THE PREPARATION OF AN UPDATE TO THE CITY’S MUNICIPAL
CODE AND ZONING CODE AND DETERMINING THE ORDINANCE TO BE EXEMPT
FROM CEQA
WHEREAS, pursuant to Cal. Const. Art. XI, Sec. 7 and under the City’s general police powers, the City of Stanton (“City”) is empowered and charged with responsibility for the health, safety, and welfare of its citizens; and
WHEREAS, the City protects the health, safety, and welfare of the community through numerous avenues, including by establishing and enforcing zoning, licensing and health and safety regulations on specified commercial activities; and WHEREAS, such regulations include Chapter 5.16 of the Stanton Municipal Code (“SMC”), which contains licensing requirements and operational standards for massage establishments in the City; and
WHEREAS, among other things, SMC Chapter 5.16: (1) prohibits operating a massage establishment without a City-issued license; (2) requires all massage technicians to be licensed by the California Massage Therapy Council; (3) contains mandatory operational requirements for massage establishments (e.g., permissible hours of operation, sanitation requirements, required signage etc.); (4) authorizes City personnel and law enforcement to inspect massage establishments (to ensure compliance with the SMC Chapter 5.16 and ensure the business is operating in a safe and sanitary manner); and (5) allows the City to revoke a massage establishment license in specified circumstances, including if the establishment violates the City’s safety/sanitation requirements, employs unlicensed massage technicians and/or illicit sexual activity occurs on the premises; and
WHEREAS, collectively, the regulations provided in SMC Chapter 5.16 serve to: (1) ensure that massage establishments in the City operate in an orderly, safe, and sanitary manner; and (2) prevent massage establishments from being used as fronts for illegal activities, including prostitution and human trafficking; and WHEREAS, despite the above regulatory framework, in recent years, the City has continued to experience issues related to illicit sexual activity and suspected human trafficking at business offering massage services; and
WHEREAS, it has come to the City’s attention that some businesses regulated by and licensed under the SMC as “personal service” uses1 are offering patrons massage 1 The SMC generally defines “personal service” uses as those that provide “nonmedical services to individuals.” (SMC, § 20.700.120).
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ORDINANCE NO. 1121
services despite not having a City-issued massage establishment license. For example, some businesses within the City that were only licensed for personal service uses such as facials or body waxing have also unlawfully provided massage services without a required conditional use permit; and
WHEREAS, moreover, recently, undercover operations by the Orange County Sheriff’s Department indicated that a spa licensed to provide facials, waxing and other skin care uses—and whose business license specifically prohibited massage services—was nonetheless offering patrons massage services and employing massage technicians who engaged in alleged illicit sexual activity in violation of State laws relating to prostitution; and
WHEREAS, in the past, the City has also experienced nuisance issues (including illicit sexual activity) at businesses offering acupuncture and acupressure services—both of which fall within the ambit of the SMC’s “medical services – office” use; and WHEREAS, medical office and personal service uses are subject to the City’s traditional business license regulations provided in SMC Chapter 5.04; and WHEREAS, research by City staff indicates that Chapter 5.04, as well as other areas of the SMC, appears to be in need of an update to more specifically address issues associated with businesses licensed for certain medical office and personal service uses offering unauthorized massage services and/or employing individuals who engage in illicit sexual activity on the premises; and
WHEREAS, SMC Section 20.700.120 lists various examples of “personal service” uses.
Of the uses listed, the following involve the potential for ongoing, close—and at times direct—physical contact in a private setting (e.g., a partitioned area or a back room) between employees and patrons: (1) barber and beauty shops, which SMC Section
20.700.120 suggests may include “accessory massage” services; (2) nail salons, which SMC Section 20.700.120 suggests may also include “accessory massage” services; (3) tanning salons, where patrons may be fully disrobed, depending on the tanning method used and targeted area of the body; (4) spas and hot tubs for hourly rental, where patrons may be fully disrobed before and/or during the activity; and (5) tattoo parlors and body piercing studios, where patrons may be fully disrobed depending on the area of the body receiving the piercing or tattoo. Businesses offering body waxing services can likewise involve close and direct physical contact between employees and patrons in a private setting—with the potential for patrons to be fully disrobed, depending on the anatomical area waxed; and
WHEREAS, as noted above, a number of businesses in the City that operate as “day spas” or other type of beauty care businesses within the City have apparently provided unauthorized massage services or engaged in illegal actions at their premises; and WHEREAS, businesses that perform unauthorized massage services pose significant potential impacts to the health, safety and welfare of the community. Among other ORDINANCE NO. 1121
things, these impacts include the potential for: (1) injury to patrons stemming from the employment of unlicensed massage technicians; (2) injury to patrons and/or employees stemming from the lack of appropriate sanitation and safety standards; (3) increased opportunities for prostitution activity and human trafficking by virtue of the secretive nature associated with offering unauthorized and undisclosed (to the City or law enforcement) massage services; and (4) the lack of a current regulatory platform enabling the City to promptly revoke the business license for a business performing unauthorized massage services; and
WHEREAS, per Government Code Sections 36937 and 65858, the City Council may adopt an interim urgency ordinance to protect the public safety, health, and welfare from an event, occurrence, or set of circumstances; and
WHEREAS, City staff requires time to further gather data about the adverse impacts of specified medical office and personal service uses engaging in unauthorized massage activities and to research, study, and consider ways to possibly amend the City’s regulatory process and the Stanton Municipal and Zoning Codes to protect the public health and safety and reduce potential illegalities occurring at these businesses; and WHEREAS, City staff, the Sheriff’s Department, and the City Attorney’s office are also conducting research into the possible and likely impacts of further regulating these uses in order to mitigate potential adverse impacts; and
WHEREAS, as a result, the City Council desires to institute a 45 day moratorium to allow staff and the City Council the opportunity to research and select the best course of action for the City’s citizens and the community at large.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF STANTON, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by reference.
SECTION 2. 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 seen with 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 3. The City Council hereby enacts this interim urgency ordinance under section 65858, subdivision (a), of the California Government Code, which allows the City to adopt an interim urgency ordinance by not less than a four-fifths vote, to protect the public safety, health, and welfare by prohibiting any use that may be in conflict with ORDINANCE NO. 1121
a zoning proposal that the city council, planning commission, or department of the city is considering or studying or intends to study within a reasonable time. The purpose of this ordinance is to maintain the status quo while the City evaluates whether and how to regulate the subject uses.
SECTION 4. The City Council hereby directs and orders as follows:
1. During the time that this urgency ordinance is in effect, no new medical office or personal service business may be established in the City if it qualifies as one or more of the following uses: (a) barber shop; (b) beauty salon; (c) nail salon; (d) tanning salon; (e) salon, studio, or spa offering nonmedical skin or facial care; (f) salon, studio or spa providing services involving eyelash extensions and/or eyebrow waxing, threading, or tattooing; (g) a business whose primary service involves providing patrons with access to on-site spas or hot tubs; (h) a tattoo (including, but not limited to, henna) or body piercing studio; (i) a business providing acupuncture and/or acupressure services; and (j) any use similar to the preceding (a) – (i), as determined by the City’s Community Development Director.
2. During the time that this urgency ordinance is in effect, the City shall not approve or issue any use permit, license, variance, building permit, business license, or other applicable entitlement, license, permit, or approval for the establishment of any business establishment listed in subsections (1)(a)-(j) above, or the enlargement of any such existing business, within the City.
SECTION 5. The City will continue to accept and process applications for uses prohibited by this moratorium if so required by State law. Any application received and processed during the moratorium shall be processed at the applicant’s sole cost and risk with the understanding that no permit, license, approval or other entitlement for a use covered by Section 4 above may issue while this moratorium or any extension of it is in effect.
SECTION 6. This Ordinance is adopted under the provisions of Government Code Sections 36937 and 65858, and shall take effect immediately upon its passage by a four-fifths vote of the City Council. The City Council finds that businesses performing unauthorized massage services as described herein pose potentially significant and urgent threats to the health, safety and welfare of the community—including, but not limited to, bodily injury to patrons and employees and increased opportunities for prostitution and human trafficking. Consequently, the City Council finds that this ordinance is necessary for the immediate preservation of the public health, safety, and welfare of the community. This Ordinance shall remain in effect for 45 days from its adoption, unless earlier repealed, terminated, or extended.
ORDINANCE NO. 1121
SECTION 7. No less than 10 days prior to the scheduled expiration of this Ordinance, staff shall issue a report to the City Council on the progress of its study and on determinations for how the City should proceed, insofar as conclusions have been drawn.
SECTION 8. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof.
PASSED, APPROVED, AND ADOPTED this 14th day of June, 2022.
DAVID J. SHAWVER, MAYOR
ATTEST:
PATRICIA A. VAZQUEZ, CITY CLERK
APPROVED AS TO FORM:
HONGDAO NGUYEN, CITY ATTORNEY
ORDINANCE NO. 1121
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF STANTON )
I, Patricia A. Vazquez, City Clerk of the City of Stanton, do hereby certify that the foregoing Urgency Ordinance No. 1121 was duly introduced and adopted at a regular meeting of the City Council on the 14th day of June 2022, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
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CITY CLERK, CITY OF STANTON