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10.5 (commencing with Section 4600) of Division 2 of, the Business and Professions Code, and amending Section 51034 of the Government Code; and WHEREAS, Assembly Bill 1147 amended the Massage Therapy Act to return land use and regulatory authority over massage establishments to cities; and WHEREAS, in 2009, San Leandro had 11 establishments that provided massage services and now has approximately 45 establishments that provide massage services; 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 sting operation and San Leandro Police uncovered prostitution activity at another massage establishment as part of a sting operation; and . WHEREAS, San Leandro, consistent with the Massage Therapy Act prior to Assembly Bill 1147, stopped enforcing existing zoning regulations that address the location of massage establishments near potentially sensitive areas throughout the City; and WHEREAS, as applications for business licenses and massage permits are submitted to the City, there is no determination whether the locations of such uses are consistent with the purpose and intent of the City's zoning ordinance and unregulated massage establishments conflict with contemplated zoning and with the public health, safety, and welfare; and WHEREAS, following changes in state law pursuant to Assembly Bill 1147, the City Council (1) intends to address community concerns regarding the establishment and operation of massage establishments, (2) has studied the potential impacts the massage establishments may have on the public health, safety and welfare, (3) has studied and determined the appropriate and necessary local regulations for massage establishments, (4) studied and determined the appropriate zoning and location for massage establishments, and (5) determined appropriate controls for protection of public health and welfare; and WHEREAS, the City Council intends to continue the City's previous enforcement of existing zoning regulations that require massage establishments to obtain a conditional use permit to operate in throughout the City, and intends to regulate the operation of massage establishments; and WHEREAS, the failure of massage establishments to comply with local and state laws, particularly laws prohibiting prostitution and other illicit activity, presents an imminent threat to the public health, safety, and welfare of the residents of the City; and WHEREAS, San Leandro has a substantial interest in promoting compliance with state laws prohibiting prostitution and in promoting compliance with federal, state and local laws intended to discourage prostitution and other illicit activity; and WHEREAS, the City Council adopted a temporary 45 -day moratorium on the establishment and relocation of new and existing massage establishments through Ordinance ORDINANCE NO. 2016-008 2