Title
URGENCY ORDINANCE Making Findings and Establishing a Temporary Moratorium on the Establishment or Relocation of New and Existing Massage Establishments to Become Effective Immediately (establishes a 45-day moratorium on the issuance of business licenses for massage establishments)
Body
WHEREAS, the City of San Leandro has an interest in planning and regulating the use of property within the City. Implicit in any plan or regulation is the City's interest in maintaining the quality of urban life and the character of the City's neighborhoods. Without stable, well-planned neighborhoods, sections of the City can quickly deteriorate, with tragic consequences to social, environmental, and economic values; and
WHEREAS, cities have traditionally had a high degree of local control related to local zoning and land use authority over massage establishments; and
WHEREAS, the California Legislature adopted Senate Bill 731, effective July 1, 2009, adding and repealing Chapter 10.5 (commencing with Section 4600) of Division 2 of the Business and Professions Code, relating to massage therapy ("Massage Therapy Act"); and
WHEREAS, the Massage Therapy Act placed substantial limits on cities' regulation of massage establishments as it relates to business licensing, zoning, and health, safety, and welfare regulation; and
WHEREAS, in 2009, San Leandro had 11 establishments that provided massage and now has 30 establishments that provide massage; and
WHEREAS, cities throughout California have received numerous complaints regarding illicit activity, including prostitution, at massage establishments. In San Leandro one massage establishment, with a history of multiple offenses for prostitution since 2011, was recently shut down as part of a county-wide enforcement sting operation; and
WHEREAS, San Leandro, consistent with the Massage Therapy Act, has no existing zoning regulations that address the location of California Massage Therapy Council...
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