Title
An Ordinance Of The City Of Hollywood, Florida, Amending The Zoning And Land Development Regulations To Establish Distance Separation Requirements And Other Regulatory Provisions Relating To Massage Establishments; Providing A Severability Clause; And Providing For An Effective Date. (14-T-27)
Body
Staff Recommends: Approval of the attached Ordinance.
Explanation:
This item is presented with a companion item to repeal Chapter 119 of the Code of Ordinances entailed Massage Parlors. City Staff, including the Police Department and City Attorney's Office, believe the proposed Zoning Code regulations will adequately address regulating this type of use, further helping to curb illegal activity, such as human trafficking, which is commonly associated with this type of business.
On June 12, 2014 the Planning and Development Board (Board) forwarded a unanimous recommendation of approval to the City Commission amending the Zoning and Land Development Regulations to:
- require a distance separation between massage establishments;
- exempt certain businesses typically associated with massage establishments, such as licensed health care facilities and hotels of 75 rooms or more;
- create definition(s); and
- create accessory use regulations, such as only utilizing 25% of the floor area and not permitting exterior signs.
During the Board meeting, a local business owner expressed concern regarding implications the proposed amendment may have on the ability of sole practitioners locating within a single building. As such, the Board requested Staff seek the opinion of the Police Chief, prior to First Reading, regarding sole practitioners of massage establishments and the possibility of these being exempt from the distance separation requirements.
The Police command staff discussed these implications and determined the proposed regulations are appropriate and concurred with Planning Staff that modifying the proposed regulations (at the suggestion of this local business owner) may create a loophole for those businesses wishing to circumvent the proposed regulations. Additionally, the command staff did not recognize a correlation between the size of the establishment and criminal activity.
As the companion item (15-T-17) is now being repealed, requirements of posting applicable licenses in a conspicuous place are now proposed in the Zoning and Land Development Regulations.
The year prior to initiating this Text Amendment 23 Certificates of Use (CU) were issued for massage establishments. However, over the last year, four (4) CU's were approved, after showing compliance with the proposed regulations. With little resistance from the business community, requests to open this type of establishment over the last year have significantly decreased, perhaps curbing the potential for human trafficking to take place in Hollywood.
ATTACHMENT: Planning and Development Board Staff Report(s)
Recommended for inclusion on the agenda by:
Wazir Ishmael, Ph.D., City Manager
Gus Zambrano, Assistant City Manager/Sustainable Development
Jaye M. Epstein, AICP, Director, Department of Planning