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File Number: 16-317 <br />shut down as part of a county-wide sting operation. Another massage establishment in San <br />Leandro had its business license revoked because of prostitution activities. <br />In 2014, the Governor signed Assembly Bill 1147 (“AB 1147”) into law, which became <br />effective January 1, 2015. AB 1147 amended state law to return zoning and business <br />licensing authority over massage establishments to cities. In October 2014, the City Council <br />adopted, and later extended, a temporary moratorium to prohibit the relocation and <br />establishment of new and existing massage establishments pending effective changes in <br />state law. At the time the City Council adopted the moratorium on the establishment and <br />relocation of new and existing massage establishments, the City revoked the business license <br />of one massage establishment for solicitation of prostitution. In October 2015, the City <br />Council extended the temporary moratorium a second and final time to allow the City <br />additional time to study and conduct community outreach to determine how best to regulate <br />massage establishments. The moratorium expires on October 20, 2016. <br />Since the City Council established and extended the temporary moratorium on the <br />establishment and relocation of massage establishments, staff has prepared amendments to <br />the Municipal Code to update performance standards for massage establishments. San <br />Leandro Municipal Code Chapter 4.23, “Massage and Acupuncture Establishments and <br />Services,” is outdated and includes provisions regulating acupuncturists throughout the City. <br />Local regulations regarding acupuncturists are no longer required because state law <br />comprehensively regulates acupuncture. The proposed amendments repeal and replace San <br />Leandro Municipal Code Chapter 4.23 in its entirety to eliminate provisions regulating <br />acupuncturists and to regulate massage establishments consistent with state law. <br />While AB 1147 amended state law to return significant regulatory authority over massage <br />establishments to cities, there are still some limitations on the City’s ability to regulate <br />massage establishments. For example, cities cannot prohibit an establishment from locking <br />its external doors if the massage establishment is owned by one individual with one or no <br />employees or independent contractors; impose a dress code requirement on California <br />Massage Therapy Council (CAMTC) certified massage technicians that exceed the dress <br />code requirement delineated under state law; or prohibit specific massage techniques <br />recognized by CAMTC as legitimate. Following review, staff has made proposed <br />amendments to Chapter 4.23 to ensure consistency with state law and to adopt procedures <br />and requirements that were previously banned under the 2009 Massage Therapy Act. <br />The main provisions of the proposed Ordinance are as follows: <br />·Eliminates the requirement that CAMTC certified massage technicians register with the <br />City and adds the requirement that massage establishment operators maintain an <br />updated list of CAMTC certified massage technicians with the City. <br />·Requires all massage establishment operators to obtain an operator permit. Applicants <br />must undergo a background check including: inquiry into whether the applicant was <br />required to register as a sex offender; inquiry into whether the applicant had been <br />convicted of a felony; and the applicant’s employment history within the past five years. <br />These amendments permit the City to recoup its costs with an application fee from all <br />massage establishment operators. <br />Page 2 City of San Leandro Printed on 6/14/2016