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The Pleasanton City Council voted last week to extend the city’s moratorium on new massage establishments in the downtown area for up to two years total, though city officials expect the permanent regulations to be resolved sooner than that.
Initially enacted last month to allow future massage rules to be decided as part of the Downtown Specific Plan update process instead of separately, the urgency ordinance was adjusted slightly this time around to provide more leeway for existing businesses to add massage therapists in their current spaces.
“As we re-evaluate and reimagine our downtown, we need to look at what’s appropriate for where these businesses are … to figure out where they make sense as part of redoing this Downtown Specific Plan, which hasn’t been done for almost 20 years,” Councilwoman Kathy Narum said during the Aug. 21 meeting at the Pleasanton Civic Center.
Narum, who sits on the Downtown Specific Plan Update Task Force, later tried to assure the local massage industry that the group has not considered permanently banning massage businesses downtown, but rather is considering restrictions on location.
Mayor Jerry Thorne added, “The reasons that we did (the moratorium) are primarily because of the transition zones and that we want to make sure we have a good balance of businesses in our downtown.”
Massage establishments are the only permitted business use subject to a temporary ban during the specific plan update process, which city officials anticipate wrapping up next spring.
The issue took center stage several months ago when a massage business tenant sought to open at 1056 Division St., at the northwestern edge of the Downtown Specific Plan area, in a building that looks like a house converted for commercial use that is zoned in the office district — a designation that allows massage businesses with city approval.
The prospect of a massage business opening in what is otherwise a residential part of downtown raised red flags for many neighbors, but the prospective operator withdrew plans after city officials found they failed to meet all permit requirements.
Even though the location on Division Street never opened, the question remained for city staff about how to address future massage businesses throughout the downtown area.
Ultimately, the council unanimously approved a recommendation July 17 to adopt an urgency ordinance establishing an initial 45-day ban on new or expanded massage businesses in the downtown area.
But city staff decided there were several kinks to work out in the original ordinance after hearing feedback from current downtown massage business owners — passionate pleas that continued in front of the council last week.
Though indicating they preferred no moratorium at all, the massage therapists seemed to support the main adjustment to the ordinance proposed by city staff, which would allow existing downtown massage establishments to add certified technicians to their employee list as long as they don’t expand the physical space of their business during the moratorium period.
“It hurts my practice. If we’re not able to add more technicians, we’re not able to help the oncology community,” said Michelle Peña, whose one-room massage business also serves cancer patients through the Sandra J. Wing Healing Therapies Foundation. “We can only do so many massages per day (individually) because it takes such a toll on our bodies, and we want to make sure we’re able to help the community.”
The other message the owners and technicians wanted to get across during the meeting was to make sure the council and residents understand that downtown massage businesses are legitimate businesses.
“I believe the way to resolve this issue isn’t through restricting free enterprise of licensed massage therapists and not through the arbitrary act of denying businesses that are allowed to practice per current zoning. I believe it’s through an understanding of what licensed massage therapists bring to the community,” certified therapist Gina Marie Woodard told the council.
“I implore you: The key to resolution is understanding that we are not sex workers. We are hardworking healers who are just trying to help people,” she added.
“I hope that you would give us a chance to educate you on our profession,” Upuia Ahkiong said. “At the state level, we’ve gone through licensing, background checks. So I need to emphasize to the city, to the council members, to the city of Pleasanton that we are professional therapists and we want to be treated like such.”
Thorne later responded, “I can assure you that the task force has never considered massage therapists to be sex workers.”
At the end of the 20-minute discussion, the council voted 4-0 to extend the urgency ordinance enacting the temporary moratorium for another 22 months and 15 days (two years overall). The vote needed to be unanimous that night, with four-fifths approval required and Councilman Jerry Pentin absent.
The key change in the ordinance, based on the input from massage business operators, allows existing establishments of three or fewer therapists to apply for a conditional use permit to hire a fourth therapist or more — while not adding square footage — whereas the July 17 ordinance did not provide for that sort of employee expansion.
The business owners said they wanted more flexibility to hire additional massage staff for their existing tables, given that most individual therapists only work part-time.
The core rules during the moratorium also allow existing massage businesses downtown to stay open, secure annual permit renewals, hire replacement technicians or change owners as long as they adhere to all permit and code requirements and do not expand their physical space.
The final downtown massage decision is now shifted to the Downtown Specific Plan update process. All task force recommendations for potential downtown regulations, including on massage businesses, will ultimately be forwarded to the Planning Commission for review and to City Council for final consideration.
Please restrict hours of operation as well. The late night neon massage signs are an obvious lure. A large portion are absolutely prostitution fronts. Enough.
If we’re going to do social engineering and free market interference to shape our downtown, can we at least go all the way and curtail the number of banks, and implement rent controls so we can have a thriving downtown with diversity of businesses like Livermore? It’s a shame when the family owned, family friendly ice cream shop can’t survive because of astronomical rents.
Should be able to what you want to do behind closed doors.
What a shock !! Must have a new member in the City Counsel. One thing Pleasanton doesn’t need is another massage parlor or another coffee shop.
What Pleasanton needs is a GOOD FAMILY Restaurant like Cracker Barrel where one can enjoy an inexpensive healthy hot home cooked meal instead of a fast food joint. Home Buffet is another delightful place. We have empty
spaces in our city that could accommodate such a place.
We don’t need another Bar or another Bank. Let’s get something for the entire family for a change.
I think we should open safe places for drug users to shoot up and give them free needles.
No more massage parlors, yes to illegal drug sanctuary free needle zones.
Finally the city and its residents are waking up to all the massage parlors popping up downtown and in all the little nooks and crannies around town, hopefully they will be squeezed out along with no more banks, nail and hair salons downtown.
Please let’s have a ban on nail salons. Let’s get some interesting places to go. Pleasanton is becoming a boring place to live.
No one should question the legitimacy of massage therapy as a valid healthcare modality. Nevertheless, there are Illicit massage businesses in Pleasanton, just as there are across the country. Check out the website rubmaps.com. This subscriber only website lists erotic massage parlor reviews, claiming “find your happy ending”. It might also be worth recalling that several years ago the Pleasanton PD raided and closed several of these illicit establishments. While saying that whatever goes on behind closed doors is legitimate, it is also important to realize that these illicit massage businesses almost certainly serve as fronts for human trafficking and money laundering. These illicit businesses do not employ licensed massage therapists.