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File Number: 16-318 <br />Business and Professions Code, relating to massage therapy (“Massage Therapy Act”); and <br />WHEREAS, the Massage Therapy Act placed substantial limits on cities’ regulation of <br />massage establishments as it relates to business licensing, zoning, and health, safety, and <br />welfare regulation; and <br />WHEREAS, the California Legislature recently passed Assembly Bill 1147 which become <br />effective January 1, 2015, amending Section 460 of, and adding and repealing Chapter 10.5 <br />(commencing with Section 4600) of Division 2 of, the Business and Professions Code, and <br />amending Section 51034 of the Government Code; and <br />WHEREAS, Assembly Bill 1147 amended the Massage Therapy Act to return land use <br />and regulatory authority over massage establishments to cities; and <br />WHEREAS, in 2009, San Leandro had 11 establishments that provided massage services <br />and now has approximately 45 establishments that provide massage services; and <br />WHEREAS, cities throughout California have received numerous complaints regarding <br />illicit activity, including prostitution, at massage establishments. In San Leandro one massage <br />establishment, with a history of multiple offenses for prostitution since 2011, was recently shut <br />down as part of a county-wide sting operation and San Leandro Police uncovered prostitution <br />activity at another massage establishment as part of a sting operation; and <br />WHEREAS, San Leandro, consistent with the Massage Therapy Act prior to Assembly Bill <br />1147, stopped enforcing existing zoning regulations that address the location of massage <br />establishments near potentially sensitive areas throughout the City; and <br />WHEREAS, as applications for business licenses and massage permits are submitted to <br />the City, there is no determination whether the locations of such uses are consistent with the <br />purpose and intent of the City's zoning ordinance and unregulated massage establishments <br />conflict with contemplated zoning and with the public health, safety, and welfare; and <br />WHEREAS, following changes in state law pursuant to Assembly Bill 1147, the City <br />Council (1) intends to address community concerns regarding the establishment and <br />operation of massage establishments, (2) has studied the potential impacts the massage <br />establishments may have on the public health, safety and welfare, (3) has studied and <br />determined the appropriate and necessary local regulations for massage establishments, (4) <br />studied and determined the appropriate zoning and location for massage establishments, and <br />(5) determined appropriate controls for protection of public health and welfare; and <br />WHEREAS, the City Council intends to continue the City’s previous enforcement of <br />existing zoning regulations that require massage establishments to obtain a conditional use <br />permit to operate in throughout the City, and intends to regulate the operation of massage <br />establishments; and <br />WHEREAS, the failure of massage establishments to comply with local and state laws, <br />particularly laws prohibiting prostitution and other illicit activity, presents an imminent threat to <br />the public health, safety, and welfare of the residents of the City; and <br />WHEREAS, San Leandro has a substantial interest in promoting compliance with state <br />Page 2 City of San Leandro Printed on 6/14/2016