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HomeMy WebLinkAbout08-27 CC One-Year Moratorium on CUPs for Independent Massage Establishments eA* eq(YaA(m Aejed Council Agenda Request Meeting of August 27, 2009 1. To be considered under: Consent Calendar ❑ Resolutions ❑ Ordinan New Business � Old Business ❑ Informational Items ❑ Public Hearings Other ❑ 2. Item Title: (Please provide the wording that should appear as the item's title on the agenda). Consideration of the recommendation by the Planning Commission to immediately impose a 45---day interim moratorium on issuance of Conditional Use Permits to independent massage establishments under the City's Massage Ordinance (P.D.M.0 Chapter 5.87), while options for long term regulatory strategy are studied. 3. Financial: (N/A) (a) Account/Project# (b) Amount Requested (c) In the Current Budget? (d) Appropriation Required? 4. Submitted by: Kevin Swartz Assistant Planner 5. Approvals: Department Head: Lauri_kibian City Manager: John M. Wohlmuth CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT NREQUEST: Consideration of the recommendation by the Planning Commission to immediately impose a 45-day interim moratorium on issuance of Conditional Use Permits to independent massage establishments under the City's Massage Ordinance (P.D.M.0 Chapter 5.87), while options for long-term regulatory strategy are studied. SUBMITTED BY: Kevin Swartz Assistant Planner DATE: August 27, 2009 CONTENTS: Ordinance No. Legal Notice Planning Commission Resolution No. 2507 Planning Commission Staff Report dated June 16, 2009 Planning Commission Minutes dated June 16, 2009 Palm Desert Police Report Memo dated June 10, 2009 Recommendation: That the City Council, by minute motion, approve a 45-day interim moratorium on issuance of Conditional Use Permits for any independent massage establishments while the City's Massage Ordinance (Palm Desert Municipal Code Chapter 5.87) is studied and potentially amended. Executive Summary: As the municipal code is now written, all massage establishments must be granted a CUP by the Planning Commission. On June 16, 2009, the Planning Commission unanimously adopted Resolution No. 2507, recommending that a moratorium be placed on all independent massage establishments while staff researches and amends Palm Desert Municipal Code Chapter 5.87. ("Independent" or "stand alone" massage establishments are ones that provide only massage services, and are not part of another business or use, such as in a day spa or with medical treatments or physical therapy.) Approval of the Planning Commission's recommendation to the City Council would immediately impose a moratorium on issuance of CUPs for all independent massage establishments in the city of Palm Desert for a period of 45 days. During the 45-day period, the impact of limitations, restrictions, and/or prohibitions will be studied. Staff will bring back the findings during a public hearing within the 45-day period. If additional time is necessary to study and revise Massage Moratorium August 27, 2009 Page 2 of 3 the existing code, staff will request that a public hearing be conducted to consider extending the moratorium for up to another 10-1/2 months. Background: At the Planning Commission meeting on May 19, 2009, the Commission requested that staff prepare a report for recommendation to the City Council that a moratorium be placed on CUPs for all independent massage establishments for a period of one year, while the City studies massage establishments. The Commissioners requested the moratorium in light of Police Department activity at massage establishments because of concern for the perceived disproportionate number of massage establishments in the city, and for reported illegal conduct and incidences of operating without an approved license. The moratorium, if approved, would take effect immediately and prohibit CUPs for new stand alone massage businesses. Staff prepared a report and resolution for the June 16, 2009, Planning Commission meeting. The Commissioners had a brief discussion and then approved Resolution No. 2507, recommending to the City Council approval of a 45-day moratorium on issuance of CUPs for independent massage establishments, while the impact of limitations, restrictions, and/or prohibitions are studied. Analysis: The Massage Establishment Ordinance requires a Conditional Use Permit to assure that there is adequate parking and land use compatibility for all massage establishments. The Planning Commission is recommending that a moratorium be placed on issuance of Conditional Use Permits to independent massage establishments for a period of one year. During the moratorium, the City will study the current ordinance and ways in which it could be revised to enhance community compatibility and policing, and to assure that a balanced blend of business types is maintained throughout the city. Reasons for requesting the moratorium include: That Palm Desert has a high number of such establishments, which may be disproportionate to the city and visitor population. That Palm Desert desires to have a broad mix of retail businesses and services so as to avoid financial hardship in the event of a significant downturn in any one sector. That more study is needed before making any long term decisions regarding limitation or prohibition of independent massage establishments. Massage Moratorium August 27, 2009 Page 3 of 3 That independent massage establishments have been determined to require greater policing and code enforcement resources. Over the years, massage establishments have failed to comply with conditions imposed by their Conditional Use Permits. The City has found massage establishments' staff conducting business, even though the license to operate was inactive. Massage establishment licenses have been denied because applicants have been operating who have been convicted of "disqualifying conduct". Massage establishments have been raided for illegal conduct. There have been investigations of massage establishments for organized crime activity and human smuggling offenses. Government Code Section 65858 authorizes the City Council, without following procedures otherwise required for the adoption of a zoning ordinance and in order to protect the public safety, health and welfare, to adopt by a 4/5 vote an interim moratorium ordinance that is valid for 45 days from the date of its adoption. Then, after notice and public hearing, the City Council may extend the interim moratorium ordinance, also requiring a 4/5 vote, for an additional 10 months and 15 days. The Council can then again extend the ordinance for one year after notice and public hearing. No more than two extensions may be adopted. Staff anticipates that the proposed changes to Chapter 5.87 will be addressed, reviewed, and presented to the Planning Commission within the first interim 45-day moratorium period. Staff agrees with the concerns of the Planning Commission and requests consideration of their recommendation to immediately put into effect a moratorium on issuance of CUPs for all independent massage establishments. Submitted by: Department Head: Kevin Swartz Lauri Aylaian Assistant Planner Director, Community Development Approval: John M. Wohlmuth City Manager ORDINANCE NO. AN ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA, IMPOSING A 45-DAY INTERIM MORATORIUM ON THE ISSUANCE OF CONDITIONAL USE PERMITS TO INDEPENDENT MASSAGE ESTABLISHMENTS. WHEREAS, the City Council of the City of Palm Desert, California, did on the 271h day of August, 2009, hold a duly noticed public hearing to consider imposing a 45-day interim moratorium on the issuance of Conditional Use Permits to independent massage establishments; and WHEREAS, on June 16, 2009 the Planning Commission recommended approval that a moratorium be placed on the issuance of Conditional Use Permits to independent massage establishments until the City Council considers and enacts an alternative ordinance; and WHEREAS, the City is receiving applications for massage establishments, which applications may be in conflict with proposed alternatives and preclude effective implementation of important proposed goals and policies; and WHEREAS, to enhance the community's appearance and to protect the public health, safety, and welfare, the City Council desires to adopt an ordinance to impose a 45- day interim moratorium on the issuance of independent massage establishments; and WHEREAS, at said public hearing, upon hearing and considering all testimony, documentary evidence, and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts and reasons to exist to justify its action as described below. NOW, THEREFORE, the City Council of the City of Palm Desert, California does hereby ordain as follows: SECTION 1. IMPOSITION OF THE MORATORIUM A. The City Council finds that the adoption of an ordinance imposing a moratorium on of the issuance of Conditional Use Permits to independent massage establishments is necessary to prevent approval of additional permits that may be inconsistent with proposed changes to Palm Desert Municipal Code Chapter 5.87 currently under consideration. B. Notwithstanding any provision of the Municipal Code to the contrary, no issuance of permit of any nature shall be approved for any request for a Conditional Use Permit to independent massage establishments within 45 days of this ordinance while Chapter 5.87 Massage Establishments is under review for potential amendment. SECTION 2. SEVERABILITY If any section, subsection, clause or phrase of this Ordinance or any part thereof is for any reason held to be invalid, unconstitutional, or unenforceable by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining ORDINANCE NO. portion of the Ordinance. The City Council declares that it would have passed each section, subsection, paragraph, sentence clause or phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause or phrase would be declared invalid, unconstitutional or unenforceable. SECTION 3. COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT The City Council finds that this moratorium complies with the "City of Palm Desert Procedure for Implementation of California Environmental Quality Act, Resolution No. 02- 60", in that the Director Community Development has determined, pursuant to Section 3.07, that the moratorium is exempt because there is no possibility that the adoption of the moratorium will have significant effect on the environment. SECTION 4. EFFECTIVE DATE This Ordinance shall become effective immediately upon adoption if adopted by at least four-fifths (4/5) vote of the City Council and shall be in effect for forty-five (45) days from the date of adoption unless extended by the City Council as provided for in the Government Code. SECTION 5. PUBLICATION The City Clerk of the City of Palm Desert, California, is hereby directed to publish this ordinance in the Desert Sun, a newspaper of general circulation, published and circulated in the City of Palm Desert, California. PASSED, APPROVED and ADOPTED this day of , 2009, by the City Council of the City of Palm Desert, California by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ROBERT A. SPIEGEL, Mayor City of Palm Desert, California ATTEST: RACHELLE D. KLASSEN, City Clerk City of Palm Desert, California APPROVED AS TO FORM: DAVID J. ERWIN, City Attorney CITY OF PALM DESERT LEGAL NOTICE CONSIDERATION BY THE CITY COUNCIL RECOMMENDING THAT A MORATORIUM BE PLACED ON ISSUANCE OF CONDITIONAL USE PERMITS TO INDEPENDENT MASSAGE ESTABLISHMENTS, WHILE OPTIONS FOR LONG TERM REGULATORY STRATEGY ARE STUDIED. PROJECT DESCRIPTION: The City Council will consider recommending that a moratorium be placed on Independent Massage Establishment so that City can begin modifications to Palm Desert Municipal Code Title 5 Business Taxes, Licenses and Regulations, Chapter 5.87, Massage Establishments and Massagists. PROJECT LOCATION: City wide, City of Palm Desert PUBLIC HEARING: SAID public hearing will be held on Thursday, August 27, 2009 at 4:00 p.m. in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed moratorium is available for review in the Department of Community Development at the above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. PUBLISH: Desert Sun Rachelle Klassen, City Clerk August 14, 2009 City of Palm Desert, California PLANNING COMMISSION RESOLUTION NO. 2507 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL THAT A MORATORIUM BE PLACED ON ISSUANCE OF CONDITIONAL USE PERMITS TO INDEPENDENT MASSAGE ESTABLISHMENTS FOR A PERIOD OF ONE YEAR,WHILE THE IMPACT OF LIMITATIONS, RESTRICTIONS, AND/OR PROHIBITIONS ARE STUDIED. WHEREAS,the Planning Commission of the City of Palm Desert,California, did on May 19,2009, request staff to prepare a report for recommendation to the City Council that a moratorium be placed on CUPs for all independent massage establishments for a period of one year; and WHEREAS,on June 16,2009,the Planning Commission at the City of Palm Desert,California,did hold a duly noticed public hearing to recommend to the City Council that a moratorium be placed on CUPs for all independent massage establishments for a period of one year; and WHEREAS, at said public hearing, upon hearing and considering all testimony, documentary evidence, and arguments, if any, about which the persons desiring to be heard said, the Planning Commission did find the following facts and reasons to exist to justify the recommendation to the City Council of said request: Reasons for the moratorium are: That independent massage establishments have been determined to require greater policing and code enforcement resources. That Palm Desert has a high number of such establishments, which may be disproportionate to the city and visitor population. That Palm Desert desires to have a broad mix of retail businesses and services so as to avoid financial hardship in the event of a significant downturn in any one sector. That more study is needed before making any long term decisions regarding limitation or prohibition of independent massage establishments. Over the years massage establishments have failed to comply with conditions imposed by the Conditional Use Permit. The City has found massage establishments staff conducting business, even though the license to operate was inactive. Massage establishment licenses have been denied because applicants have been operating who have been convicted of "disqualifying conduct'. Massage establishments have been raided for illegal conduct. There have been investigations for organized crime activity and human smuggling offenses. NOW,THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Planning Commission in this case. PLANNING COMMISSION ke.SOLUTION NO. 2507 2. That Planning Commission hereby recommends to the City Council that a moratorium be placed on CUPs for all independent massage establishments for a period of one year. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 16t'day of June, 2009, by the following vote to wit: AYES: CAMPBELL, DELUNA, SCHMIDT, LIMONT NOES: NONE ABSENT: TANNER ABSTAIN: NONE ` CONNOR LIMONT, Vice Chair ATTEST: LAURI AYLAIAN, Secretary Palm Desert Planning Commission APPROVEP AS TO FORM: DAVIDJ. bAWIN, CityAttorney 2 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: Consideration by the Planning Commission to recommend to the City Council that a moratorium be placed on issuance of Conditional Use Permits to independent massage establishments for a period of one year. SUBMITTED BY: Kevin Swartz Assistant Planner DATE: June 16, 2009 I. EXECUTIVE SUMMARY: Approval of the Planning Commission's recommendation to the City Council would place a moratorium upon issuance of CUPs for all independent massage establishments in the City of Palm Desert for a period of one year, while the impact of limitations, restrictions, and/or prohibitions are studied. II. BACKGROUND: At the Planning Commission meeting on May 19, 2009, the Commission requested that staff prepare a report for recommendation to the City Council that a moratorium be placed on CUPs for all independent massage establishments for a period of one year, while the City studies massage establishments. The Commissioners requested the moratorium, in light of Police Department activity at massage establishments because of illegal conduct and operating without an approved license. Over the past two weeks there have been two massage establishments that have been shut down, and the City is holding public hearings to consider revocation of their Conditional Use Permits. The moratorium, if approved, would take effect immediately and prohibit CUPs for new massage businesses. Applicants currently in the City's application pipeline would be exempt. While researching massage establishments, staff found that the City has approved 19 Conditional Use Permits. Out of the 19 CUP's, ten are for independent stand alone massage establishments. The remaining nine are considered a secondary use within an existing business, with the primary use including salons, skin care, pilates, yoga, and chiropractors. Additionally, the Marriott Desert Springs has a spa, which includes massage that was approved Staff Report Moratorium June 16, 2009 Page 2 of 3 during the entitlement process, and did not need a CUP. For the purpose of this summary report, staff broke massage establishments down into the following: independent massage establishment, massage establishments as a secondary use, and massage establishments within a hotel. Below is a chart summarizing the findings. Approved Independent Massage Massage CUP's Massage Establishments Establishments Establishments as a Secondary Within a Hotel Use 19 10 9 1 III. ANALYSIS: The Massage Establishment Ordinance requires a Conditional Use Permit to assure that there is adequate parking and land use compatibility for all massage establishments. The Planning Commission is recommending that a moratorium be placed on issuance of Conditional Use Permits to independent massage establishments for a period of one year. During the moratorium, the City will study the current ordinance. Attached is a memo from the Palm Desert Police Department outlining their perspective of massage establishments. Reasons for the moratorium are: That independent massage establishments have been determined to require greater policing and code enforcement resources. That Palm Desert has a high number of such establishments, which may be disproportionate to the city and visitor population. That Palm Desert desires to have a broad mix of retail businesses and services so as to avoid financial hardship in the event of a significant downturn in any one sector. That more study is needed before making any long term decisions regarding limitation or prohibition of independent massage establishments. Over the years massage establishments have failed to comply with conditions imposed by the Conditional Use Permit. The City has found massage establishments staff conducting business, even though the license to operate was inactive. GAPlanning\Kevin Swartz\Word\Staff Report Massage Moratorium.doc Staff Report Moratorium June 16, 2009 Page 3 of 3 Massage establishment licenses have been denied because applicants have been operating who have been convicted of "disqualifying conduct". Massage establishments have been raided for illegal conduct. There have been investigations for organized crime activity and human smuggling offenses. IV. RECOMMENDATION: Staff recommends that the Planning Commission recommend to the City Council that a moratorium be placed on issuance of Conditional Use Permits for any independent massage establishments for a period of one year while options for long term regulatory strategy are studied. V. ATTACHMENTS: A. Palm Desert Police Report Memo dated 10 June 2009 Submitted by: Department Head: Kevin Swartz Lauri Aylaian Assistant Planner Director of Community Development Approval: s � Homer Croy' a ACM for Dev lopment Services GAPlanning\Kevin Swartz\Word\Staff Report Massage Moratorium.doc MINUTES PALM DESERT PLANNING COMMISSION JUNE 16, 200 Commissioner Campbell thought they could go ahead and propose to Council to go ahead and change that amendment, but she thought these two people should be exempt from this amendment. Vice Chair Limont seconded Commissioner Schmidt's motion. Action: It was moved by Commissioner Schmidt, seconded by Vice Chair Limont, approving the findings as presented by staff. Motion carried 3-1 (Commissioner Campbell voted no.) Ms. Aylaian noted that it sounded like that motion, second and approval was for staff's recommendation. Mr. Erwin concurred. Commissioner Schmidt clarified that it was her understanding that in the recommendation, there was no reference to the Nelson or Kuykendall properties. Mr. Erwin said that was correct. Commissioner Schmidt said that was her intent. She wasn't certain they had the authority to exempt anyone. That was her only reason; she didn't think they had the authority to exempt anyone at this point. Vice Chair Limont agreed with Commissioner Schmidt. She was hoping this helped to clarify, because she knew this had been a difficult situation for them, the City and the Planning Commission. She was pleased because for her at least, it helped to say this is the original intent, because the ridgelines vary so greatly. Commissioner Campbell asked the City Attorney if he wrote the amendment. Mr. Erwin answered yes. Commissioner Campbell stated that she would change her vote. It was moved by Commissioner Schmidt, seconded by Vice Chair Limont, adopting Planning Commission Resolution No. 2506, recommending to City Council approval of Case No. ZOA 09-253. Motion carried 4-0. IX. MISCELLANEOUS A. Request for a recommendation to the City Council to adopt a one-year moratorium on the issuance of conditional use permits for independent massage establishments while long- term regulatory strategies are studied. Mr. Kevin Swartz stated that on May 19, 2009, the Planning Commission requested that staff prepare a report and recommendation to the City Council for a moratorium to be placed on conditional use permits for all independent massage establishments for a period of one year while the + 22 MINUTES PALM DESERT PLANNING COMMISSION JUNE 16, 2009 City studies massage establishments. The Commissioners requested the moratorium, and in light of the Police Department activity at massage establishments because of illegal conduct and operating without an approved license. In the report, staff outlined the reasons for the moratorium and staff recommended that the Planning Commission recommend to the City Council a moratorium be placed for one year while staff studies the issue. He asked for any questions. Commissioner Schmidt noted that it seemed there might be several CUPs that were dormant and businesses that were no longer operating. She asked if that was correct. Mr. Swartz stated that he included a chart in the report; there were 19 approved CUPs and those were all active. Two of them were in front of the Commission today. If they didn't get appealed within 15 days, that number would drop down to 17. Out of the 19, 10 are independent massage establishments, 9 are secondary use massage establishments. He confirmed they are all in operation. Commissioner Schmidt reiterated that any CUP that has been running with the land that would house an independent massage establishment was either operational or non-existent. There were no CUPs just sitting out there that were issued to massage establishments that were no longer in business. Mr. Swartz concurred. Commissioner DeLuna thought it was worth noting that there if there are 19, 9 of which were either in day spas or hotel establishments, that putting a moratorium on the stand alone independent massage establishments while they study the need, no one who legitimately wanted a massage would be denied access to a reputable massage therapist. Commissioner Campbell asked if any applicants currently in the application process would be exempt from this moratorium. Mr. Swartz said that was correct. Mr. Bagato indicated that staff currently had no applications. Commissioner DeLuna asked what the process was to move this on to the City Council, and if it was approval of the resolution. Mr. Erwin confirmed that Planning Commission's approval of the resolution would move it to the City Council. It would be on a Council agenda. The way a moratorium works, the Council could initiate it immediately. The immediate enactment of it is good for 45 days. The Council, after a public hearing prior to the end of the 45 days, could extend it for 10 and one half months. That's how they got one year. Commissioner DeLuna stated that she would move to approve the resolution moving it to the City Council. 23 MINUTES PALM DESERT PLANNING COMMISSION JUNE 16, 200 Vice Chair Limont asked if they needed a public hearing on this matter. Mr. Erwin replied no. (Note: there was no one in the audience.) Action: It was moved by Commissioner DeLuna, seconded by Commissioner Schmidt, recommending approval of a one-year moratorium. Vice Chair Limont asked for discussion. Commissioner Schmidt noted that there was discussion regarding independent versus stand alone and asked if this language was sufficient to cover them all. Mr. Erwin said yes. Commissioner Schmidt stated that her second would stand. Vice Chair Limont called for the vote. Motion carried 4-0 (Chairperson Tanner was absent). It was moved by Commissioner DeLuna, seconded by Commissioner Schmidt, adopting the findings and Planning Commission Resolution No. 2507, recommending to City Council adoption of a one-year moratorium on issuance of conditional use permits for independent massage i establishments while long-term regulatory strategies are studied. Motion carried 4-0 (Chairperson Tanner was absent). i X. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES i Commissioner Campbell reported that the next meeting would be i June 17. B. LANDSCAPE COMMITTEE Vice Chair Limont summarized their discussion items. i C. PARKS & RECREATION None. D. PROJECT AREA 4 COMMITTEE Commissioner Schmidt provided an update on their last meeting. 24 PALM DESERT POLICE DEPARTMENT Served by the Riverside County Sheriffs Department Stanley Sniff, Sheriff- Coroner TO: Planning Department DATE: June 10, 2009 FROM: Lieutenant Andrew Shouse SUBJECT: Massage Establishment Summary SUMMARY For the past several years numerous massage establishments have opened for business in the city of Palm Desert. Many of these establishments are legitimate businesses where clients may obtain professional massage therapy services. Typically, massage services offered at resort and hotel locations, or offered at locations licensed to provide massage as a secondary use, do not generate much suspicion, public complaint, or police activity. Generally, these businesses are legitimate and the persons involved strive to comply with all laws and licensing requirements. However, more than one of the massage businesses operating in the city are suspect locations where the owners and/or employees may be engaged in prostitution and pandering activities. In Palm Desert, all of the suspect massage establishments are independent(stand alone)businesses. The city of Palm Desert currently has ten (10) licensed independent massage N establishments within the city limits. Two (2) of the ten (10) have not yet opened for business. Not all of these businesses are believed to be engaged in illicit activity, but one or more business may be suspect. POLICE ACTIVITY In 2007 the Riverside County Sheriff's Department's Special Investigation Bureau conducted an undercover sting operation at numerous massage establishments located in several cities of the Coachella Valley. Six (6) Palm Desert businesses were investigated. During the investigation, law enforcement obtained evidence of alleged prostitution and pandering activity at four (4) of the locations. Prosecution was sought for provable offenses in those cases. Since January 2007 there have been seventeen (17) documented police reports of alleged prostitution activity at massage establishments within the city of Palm Desert. There have also been a minimum of five (5) additional undocumented and informal complaints received from the public regarding illicit activity at these locations. In 2008 Palm Desert Code Enforcement and the Palm Desert Police Department's Special • Enforcement Team (SET) began conducting monthly compliance checks at all the independent massage establishments within the city limits. These checks are aimed at ensuring that businesses and therapists are in compliance with various regulations and Municipal Codes. The Palm Desert Police Department also regularly investigates allegations of prostitution activity. In 2009 we arrested two (2) subjects for prostitution at an east Palm Desert massage business. That business has since been closed by the City. During 2008 and 2009 the city of Palm Desert has revoked two(2)business licenses from massage establishments operating in the city and is in the process of reviewing/revoking their conditional use permits. A coordinated effort between the Police Department, Code Enforcement and the Planning and Business Licensing Departments is what is necessary to ensure that these businesses remain in compliance with the law. CONCLUSION Over recent years, Federal, state and local authorities have investigated numerous suspect massage establishments not only for prostitution activity, but for organized crime activity and human smuggling offenses. Many of these organizations operate multiple locations in various cities. Girls are rotated between locations to avoid identification and prosecution by law enforcement. It is well known in the law enforcement community that prostitution activity is not a "victimless crime". With many of these women, they are compelled to work off never ending debt they assumed when they were transported to the United States and continue to accumulate for daily living expenses. They are often times subjected to emotional and physical abuse by both their customers and handlers and are reluctant to seek assistance from authorities for fear of deportation and retaliation.