File #: 15-565    Version: 1 Name: Urgency Ordinance to extend the temporary moratorium on the establishment or relocation of new and existing massage establishments
Type: Staff Report Status: Filed
In control: City Council
Meeting Date: 10/5/2015 Final action: 10/5/2015
Enactment date: Enactment #:
Title: Staff Report For An Urgency Ordinance Of The City Of San Leandro Extending A Temporary Moratorium On The Establishment Or Relocation Of New And Existing Massage Establishments For A Period Of One Year, To Become Effective Immediately
Sponsors: Rich Pio Roda
Title
Staff Report For An Urgency Ordinance Of The City Of San Leandro Extending A Temporary Moratorium On The Establishment Or Relocation Of New And Existing Massage Establishments For A Period Of One Year, 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 one year, to become effective immediately. This would be the second and final extension and would allow the City additional time to study the issue of how massage establishments can be regulated. If extended, the moratorium would expire on October 20, 2016.

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. Following notice and a public hearing, the City Council adopted Ordinance 2014-022 on November 17, 2014, which extended the moratorium ordinance for ten (10) months and fifteen (15) days.

The temporary moratorium, as extended, will expire by its own terms on October 20, 2015 unless extended. Following notice and a public hearing, the City Council may extend the moratorium ordinance for one (1) additional year. The extension request was noticed as required.

Cities 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 lim...

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