Title
Staff report for an ordinance amending San Leandro Municipal Code Chapter 4.23 to repeal provisions related to the regulation of acupuncturists and to regulate the operation of massage establishments; and to repeal the ordinance establishing a moratorium on massage related land uses.
Staffreport
RECOMMENDATIONS
Staff recommends that the City Council adopt the attached Ordinance amending San Leandro Municipal Code Chapter 4.23 to repeal provisions related to the regulation of acupuncturists and to regulate the operation of massage establishments; and to repeal the ordinance establishing a moratorium on massage related land uses.
BACKGROUND AND SUMMARY
In 2009, the California Legislature adopted Senate Bill 731 ("SB 731"), which added the Massage Therapy Act into state law. The Massage Therapy Act effectively eliminated local zoning authority over massage establishments and limited the City of San Leandro's ability to regulate massage establishments through business licensing, zoning, and health, safety, and welfare regulations. As a result, staff stopped enforcing provisions of the City's Zoning Code and Municipal Code that were inconsistent with SB 731.
Prior to the effective date of the Massage Therapy Act, San Leandro had 11 establishments. After the passage of the Massage Therapy Act in 2009, the number of massage establishments in the City increased to approximately 45. The noticeable increase in establishments was similar to other cities in Alameda County. Like San Leandro, cities throughout California received numerous complaints regarding illicit activity at massage establishments, including prostitution and human trafficking. Because of increased complaints, the Police Department diverted significant public safety resources to investigate complaints of illicit activity at numerous massage establishments. In San Leandro, one massage establishment, with a history of multiple offenses for prostitution since 2011, was shut dow...
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