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Section 2. Moratorium Imposed.
<br /> A. Scope. In accordance with the authority granted the City of San Leandro under
<br /> Article XI, Section 7 of the California Constitution and California Government Code Section
<br /> 65858, from and after the effective date of this ordinance, no person,partnership, corporation, or
<br /> other entity shall commence doing business as, or operations of, a massage establishment, nor
<br /> shall a business license be issued to a massage establishment owner unless specifically excluded
<br /> herein.
<br /> B. Exceptions. This moratorium shall not prohibit the following: 1)the renewal of a
<br /> business license for an existing massage establishment provided that the renewal seeks to
<br /> maintain the massage establishment in its current location, and the massage establishment is
<br /> operating in a manner, and housed within a building, which complies with all City, State, Federal
<br /> or otherwise applicable, codes, rules, regulations or laws; 2)persons engaged as follows: (a)
<br /> physicians, surgeons, chiropractors, osteopaths, nurses,physical therapists, or acupuncturists
<br /> who are duly licensed to practice within the scope of their licenses; (b) employed at hospitals,
<br /> nursing homes, sanitariums, or any other health facility licensed by the state; (c) coaches or
<br /> trainers acting within the scope of their employment at accredited high schools,junior colleges,
<br /> colleges or universities, and(d)trainers of amateur, semi-professional or professional athletes or
<br /> athletic teams while engaged in their training responsibilities for and with athletes, and when
<br /> training or working in conjunction with a specific athletic event; and 3)the issuance of a
<br /> business license to, or relocation of, a CAMTC certified massage establishment until AB 1147
<br /> takes effect on January 1, 2015.
<br /> C. Statutory Findings and Purpose. This ordinance is declared to be an interim
<br /> ordinance as defined under California Government Code Section 65858. This ordinance is
<br /> deemed necessary based on the findings of the City Council as set forth in the recitals
<br /> incorporated by Section 1 of this ordinance, and the additional information set forth below:
<br /> 1. The purpose of this ordinance is to protect the public safety,health and welfare from a
<br /> current and immediate threat posed by the establishment or relocation of new and existing
<br /> massage establishments within the City of San Leandro, in light of the State Legislature's recent
<br /> passage of Assembly Bill 1147, which reinstates significant local control over massage
<br /> establishments to local jurisdictions, until such reasonable time as a detailed study of the possible
<br /> adverse impacts such establishments might have on commercial and residential uses and the
<br /> general public health, safety, and welfare. The facts constituting the urgency are: a)the City
<br /> currently has 30 establishments that provide massage and only had 11 establishments prior to the
<br /> passage of Senate Bill 731 in 2009, which deprived cities of local control over massage
<br /> establishments; b) cities throughout California, including San Leandro, have received
<br /> complaints, investigated, and from time to time have found illicit activity, including but not
<br /> limited to prostitution, occurring at massage establishments; c)there are no existing regulations
<br /> within the City of San Leandro that address the location of California Massage Therapy Council
<br /> ("CAMTC") certified massage establishments, and massage operations, which are near
<br /> potentially sensitive areas throughout the City; d) such locations can be particularly sensitive to
<br /> potential harmful effects of massage establishments; e) as applications for business licenses are
<br /> submitted to the City,there is no determination whether the locations of such uses are consistent
<br /> with the purpose and intent of the City's zoning ordinance; f) unregulated massage
<br /> ORDINANCE NO.2014-019 4
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