Title
Staff Report for an Urgency Ordinance Making Findings and Establishing a Temporary Moratorium on the Establishment or Relocation of New and Existing Massage Establishments to Become Effective Immediately
Staffreport
RECOMMENDATIONS
Staff recommends that the City Council adopt, by a 4/5 vote, an interim urgency ordinance to place a temporary moratorium on the issuance of business licenses on new massage establishments or the relocation of existing massage establishments within the City. The moratorium will only prohibit new massage establishments and the relocation of existing establishments to the extent permitted by State law. Upon its adoption, the moratorium will be effective immediately for forty-five days. The moratorium may be extended through subsequent public hearings and City Council actions for up to 22 months and 15 days. This moratorium is necessary in order to conduct a study on how best to address the primary and secondary effects to public safety, health and welfare associated with massage establishments, and pending changes to state law that will re-establish local land use controls over massage establishments. The act of adopting the moratorium is not a review or determination on the merits of allowing disallowing the proposed land use.
BACKGROUND AND SUMMARY
Cities have traditionally had local control over local zoning and land use authority related to massage establishments. In 2009, the Legislature adopted Senate Bill 731, which added the Massage Therapy Act to state law. The Massage Therapy Act effectively eliminated local zoning authority over massage establishments and limited San Leandro's ability to regulate massage establishments as it relates to business licensing, zoning, and promotion of public health, safety, and welfare.
Prior to the effective date of the Massage Therapy Act, San Leandro had 11 massage establishments. After the passage of the Massage Therapy Act in 2009 the number of massage establ...
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