Article 38 — MASSAGE ESTABLISHMENTS

It is the purpose and intent of this chapter to regulate the operations of massage establishments, which tend to have judicially recognized adverse secondary effects on the community, including, but not limited to, increases in crime in the vicinity of massage establishments; decreases in property values in the vicinity of massage establishments; increases in vacancies in residential and commercial areas in the vicinity of massage establishments; interference with residential property owners' enjoyment of their properties when such properties are located in the vicinity of massage establishments as a result of increases in crime, litter, noise, and vandalism; and the deterioration of neighborhoods. Special regulation of these businesses is necessary to prevent these adverse secondary effects and the blighting or degradation of the neighborhoods in the vicinity of massage establishments.

(Ord. No. 2015-01R, § 5, 1-14-15)

In addition to any other definitions contained in the municipal code, all words and phrases included in this chapter pertaining to massage establishments shall be consistent with the definitions in Chapter 16A, Article 1, section 16A-1, unless it is clearly apparent from the context that another meaning is intended.

Businesses, including day spas, salons, beauty parlors, barber shops, etc., that provide up to 15% of their gross floor area for massage activities are not considered massage establishments, however, persons administering massages at said establishments shall comply with all state and local licensing provisions.

(Ord. No. 2015-01R, § 5, 1-14-15)

• (a) Massage establishments, as defined in Chapter 16A, Article 1, section 16A-1 of this code, shall be a permitted use only in certain commercial shopping centers listed below:

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Center Name Address
Civic Center Plaza 311 - 445 N. Escondido Boulevard
Del Norte Plaza 302 - 358 W. El Norte Parkway
El Norte Parkway Plaza 1000 W. El Norte Parkway
Escondido Gateway 810 - 860 W. Valley Parkway
Escondido Promenade Center 1200 - 1290 Auto Parkway
Ferrara Plaza 2401 - 2447 E. Valley Parkway
Major Market Shopping Center 1805 - 1895 S. Centre City Parkway
Plaza Las Palmas 970 - 1138 W. Valley Parkway
Westfield North County 200 - 298 E. Via Rancho Parkway
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• (b) Massage establishments, as defined in Chapter 16A, Article 1, section 16A-1 of this code,

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City of Escondido, CA

ESCONDIDO CODE

§ 33-752

§ 33-755

not located within commercial shopping centers listed in subsection (a) shall be permitted in the General Commercial (CG) zone subject to a conditional use permit pursuant to Article 61 unless otherwise prohibited.

• (c) A massage establishment legally established prior to the adoption of this ordinance operating with a valid business license and other appropriate approvals that does not comply with subsection (a) or (b) shall be considered a legal nonconforming use pursuant to Article 61, Division 3.

• (d) Any person violating or causing the violation of any locational provisions regulating massage establishments pursuant to this section shall be subject to the remedies of section 33-753 of this article.

• (e) The requirements of subsections (a), (b), and (c) of this section shall be in addition to any other relevant provisions of this code.

• (Ord. No. 2015-01R, § 5, 1-14-15)

• (a) Any person operating or causing the operation of a massage establishment on any parcel in which no application for a massage establishment permit under Chapter 16A has been granted, or any person violating or causing the violation of any of the locational provisions regulating massage establishments shall be subject to license revocation/suspension pursuant to section 16A-16, a fine of not more than $1,000 pursuant to Government Code sections 36900 and 36901, and any and all other civil remedies. All remedies provided herein shall be cumulative and not exclusive. Any violation of these provisions shall constitute a separate violation for each and every day during which such violation is committed or continued.

• (b) In addition to the remedies set forth in subsection (a), any violation of any of the locational provisions pursuant to section 33-752 regulating massage establishments is hereby declared to constitute a public nuisance and may be abated or enjoined.

• (c) If a massage establishment permit is revoked, or not renewed as a result of violations, no massage establishment permit may be issued at that location for a period of five years from the date of revocation or non-renewal.

• (Ord. No. 2015-01R, § 5, 1-14-15)

The provisions of this chapter regulating massage establishments are not intended to be exclusive, and compliance therewith shall not excuse noncompliance with any other provisions of the municipal code and/or any other regulations pertaining to the operation of businesses as adopted by the city council of the City of Escondido.

(Ord. No. 2015-01R, § 5, 1-14-15)

If any section, subsection, paragraph, sentence, clause, or phrase of this article and the ordinance to which it is a part, or any part thereof is held for any reason to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, the remaining sections, subsections, paragraphs, sentences, clauses, and phrases shall not be affected thereby. The city council hereby

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City of Escondido, CA § 33-755

ZONING

§ 33-756

declares that it would have adopted this article and the ordinance to which it is a part regardless of the fact that one or more sections, subsections, paragraphs, sentences, clauses, or phrases may be determined to be unconstitutional, invalid, or ineffective.

(Ord. No. 2015-01R, § 5, 1-14-15)

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City of Escondido, CA