Title
Staff Report for an Urgency Ordinance Extending a Temporary Moratorium on the Establishment or Relocation of New and Existing Massage Establishments for a Period of Ten Months and Fifteen Days, to Become Effective Immediately
Staffreport
RECOMMENDATIONS
Staff recommends that the City Council adopt the interim urgency ordinance extending a temporary moratorium on the issuance of business licenses on new massage establishments or the relocation of existing massage establishments. The moratorium, as extended, will only prohibit new massage establishments and the relocation of existing establishments to the extent permitted by State law. The moratorium will be extended for a period of ten (10) months and fifteen (15) days, to become effective immediately.
BACKGROUND AND SUMMARY
On October 20, 2014, the City Council adopted urgency Ordinance 2014-019 establishing a 45-day moratorium on the establishment or relocation of new and existing massage establishments. The temporary moratorium became effective immediately and will expire by its own terms on December 4, 2014 unless extended. Following notice and a public hearing, the City Council may extend the moratorium ordinance for ten (10) months and fifteen (15) days. The extension request was noticed as required.
As noted in the October 20, 2014 staff report on the adoption of the temporary moratorium ordinance, cities have traditionally had local control over local zoning and land use authority related to massage establishments. In 2009, the California 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 related 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 establishments....
Click here for full text