File #: TMP-0215    Version: 1 Name:
Type: Ordinance Status: Agenda Ready
File created: 11/5/2014 In control: City Council
On agenda: 11/10/2014 Final action: 6/10/2016
Title: ORDINANCE NO. 2014-1405 - CONSIDERATION OF AN INTERIM URGENCY ORDINANCE IMPOSING A TEMPORARY MORATORIUM ON THE ESTABLISHMENT OR EXPANSION OF MASSAGE ESTABLISHMENTS
Attachments: 1. Ordinance - Massage Moratorium - FINAL 11042014, 2. Ordinance - Massage Moratorium - redlined v2 rev 11102014
MEETING DATE:
NOVEMBER 10, 2014

SUBJECT:
Title
ORDINANCE NO. 2014-1405 - CONSIDERATION OF AN INTERIM URGENCY ORDINANCE IMPOSING A TEMPORARY MORATORIUM ON THE ESTABLISHMENT OR EXPANSION OF MASSAGE ESTABLISHMENTS
Body

Recommendation
Recommendation
INTRODUCE AND ADOPT the attached proposed interim urgency Ordinance, which imposes a temporary moratorium on the establishment of any new massage establishments and expansion of any existing massage establishments within the City of San Marcos.

Body
Board or Commission Action
Not applicable

Relevant Council Strategic Theme (If not applicable, please state not applicable below)
Quality of Life

Relevant Department Goal
Not applicable

Introduction
The massage business in the City of San Marcos is currently regulated under San Marcos Municipal Code (SMMC) Chapter 5.44. The Governor recently signed Assembly Bill 1147 relating to massage therapy, which was supported by this Council and becomes effective January 1, 2015. AB 1147 restores a measure of local control over massage establishments by giving agencies more authority to establish and enforce regulations that govern massage establishments and the manner in which those businesses and professionals operate. It is recommended that the City Council enact a temporary moratorium on massage establishments to provide the time needed to study and to appropriately amend the City's regulations in response to AB 1147, as well as previous state legislation relating to massage therapy.

A moratorium takes effect immediately to temporarily prohibit the issuance of permits or entitlements for a particular type of use to allow an agency to study the potential effects and amend or establish regulations for that use. The proposed interim urgency Ordinance imposes a temporary moratorium on the approval of new massage establishments and the expansion of existing massage establishments to preserve the public health, safety and welfare until su...

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