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The original item was published from 5/4/2022 3:06:13 PM to 5/16/2022 10:05:00 AM.

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Posted on: May 4, 2022

[ARCHIVED] NOTICE OF ADOPTION - Ordinance No. 576-22 Massage Businesses

CITY OF MURRIETA

PUBLIC NOTICE OF ORDINANCE ADOPTION

 Notice is hereby given that the Murrieta City Council introduced the following Ordinance at a Regular meeting on April 5, 2022 during a public hearing held at City Council Chambers, 1 Town Square, Murrieta, CA  92562. The City Council adopted the Ordinance at a Regular meeting on April 19, 2022, during a public hearing held, at City Council Chambers.

 Said Ordinance is on file in the office of the City Clerk at 1 Town Square, Murrieta, CA  92562. If you would like a copy of this Ordinance including exhibits, please contact the City Clerk’s office at (951) 461-6031.

 ORDINANCE NO. 576-22

 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MURRIETA, CALIFORNIA, AMENDING CHAPTER 5.18 OF THE MURRIETA MUNICIPAL CODE REGULATING MASSAGE BUSINESSES AND MASSAGE THERAPISTS

WHEREAS, the City of Murrieta (“City”) is authorized by Government Code Section 51030 et seq., to regulate massage businesses by imposing reasonable standards and conditions on the operation of these businesses; and

WHEREAS, on August 3, 2021, the City Council adopted Ordinance No. 565-21 to update the City’s massage regulations consistent with State laws, provide updates to the City’s license application and operating standards, and establish zoning restrictions on massage businesses; and 

WHEREAS, the Council directed staff to return to provide an update regarding implementation and enforcement of the new regulations six months following the effective date of Ordinance No. 565-21; and 

WHEREAS, the implementation of the new massage regulations under Ordinance No. 565-21 and recent enforcement efforts by City staff have given rise to certain necessary modifications to the existing massage regulations; and 

WHEREAS, on April 5, 2022, the City Council received an update from City staff relating to the implementation and enforcement of Ordinance No. 565-21, and considered the proposed amendments to Chapter 5.18 of the Murrieta Municipal Code; and

WHEREAS, the City wishes to continue regulating and enforcing the business of massage as set forth in this Ordinance for the benefit of the public health, safety and welfare of the community.

NOW THEREFORE, the City Council of the City of Murrieta, does hereby ordain as follows:

SECTION 1. The above recitals are true and correct and are incorporated herein.

SECTION 2. Chapter 5.18 (Massage Businesses and Massage Therapists) of the Murrieta Municipal Code is hereby amended as shown in Exhibit A, attached hereto and incorporated herein by this reference. [available upon request from the City Clerk’s Department]

SECTION 3. The City Council finds the introduction and adoption of this Ordinance is not a project within the meaning of Section 15378 of the California Environmental Quality Act (CEQA) Guidelines because there is no potential for it to result in a physical change in the environment, either directly or indirectly. In the event this Ordinance is found to be subject to CEQA, it is exempt from CEQA pursuant to the exemption contained in CEQA Guidelines under Section 15061(b)(3) “Common Sense” exemption because it can be seen with certainty that there is no possibility of a significant effect on the environment.

SECTION 4. If any section, sentence, clause or phrase of this Ordinance is determined to be invalid, illegal or unconstitutional by a decision or order of any court or agency of competent jurisdiction, then such decision or order will not affect the validity and enforceability of the remaining portions of this Ordinance.  The City Council declares that it would have passed and adopted this Ordinance, and each section, sentence, clause or phrase thereof, regardless of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.

SECTION 5. This Ordinance shall take effect and be enforced thirty (30) days following its adoption by the City Council.

SECTION 6. The City Clerk shall certify to the adoption of this Ordinance and shall publish in accordance with the law.  

INTRODUCED at a regular meeting of the City Council of the City of Murrieta, California, held on this 5th day of April, 2022; and

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Murrieta, California, held on the 19th day of April, 2022.

APPROVED:

/s/                                                                    

Jonathan Ingram, Mayor

 ATTEST:

/s/

Cristal McDonald, CMC, City Clerk

 APPROVED AS TO FORM:

/s/

Leslie E. Devaney, City Attorney

 ATTACHMENTS:

 Exhibit A - Chapter 5.18 “Massage Businesses and Massage Therapists” [available upon request from the City Clerk’s Department]

 I, Cristal McDonald, City Clerk of the City of Murrieta, California, do hereby certify under penalty of perjury that the foregoing Ordinance was duly and regularly introduced at a meeting of the City Council on the 5th day of April, 2022, and that thereafter the said Ordinance was duly and regularly adopted at a meeting of the City Council on the 19th day of April, 2022, by the following vote, to wit:

 AYES: White, Stone, Warren, DeForest, Ingram

 NOES: None

 ABSENT: None

 ABSTAIN: None

 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Murrieta, California, this 19th day of April, 2022.  

 /s/        

Cristal McDonald, CMC, City Clerk

 A copy of the Ordinance, including exhibits, can be provided at no cost by contacting the City Clerks Department at (951) 461-6031 or [email protected] 

 Dated: April 25, 2022

Published: April 29, 2022

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