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.