The City of Hayward is extending a moratorium on massage businesses after multiple complaints and a massage parlor bust in December. The extension will give staff more time to work on Massage Permit Ordinance amendments.
The Santa Clara County District Attorney’s Office said in December in a press release that they arrested three people who were responsible for operating multiple brothels, including one in Hayward, on Dec. 3. The brothels operated legally as massage parlors. The Hayward Police Department (HPD) were part of a multi-agency operation that found 40 women allegedly involved in commercial sex work.
HPD Public Information Officer Jessica Banuelos said through email, “Our department remains committed to enforcing all applicable laws, including those prohibiting prostitution, human trafficking and other criminal activities that may be associated with illicit massage businesses. We have worked closely with city officials, state agencies and regional partners to address community concerns and hold individuals accountable.”
The HPD’s Vice Unit is responsible for the permitting process and enforcing massage business rules. They also run background checks and investigate complaints.
The department said there are reports of illicit activity happening in nearly all permitted massage parlors. Out of 17 legal parlors, 10 received complaints. HPD said over the phone they can’t reveal which businesses received the complaints because the investigation is ongoing.
HPD said one permit was revoked on Oct. 8 after police found evidence of commercial sex work happening in the parlor. In addition, the department found that there are five other unpermitted parlors in the city.
The city extended their massage businesses moratorium during the Jan. 27 council meeting from 45 days to 10 months. The moratorium started on Dec. 16. This means any proposed massage business and any massage business changing ownership are not allowed to receive any permits.
“I wanted to acknowledge Councilmember Andrews’ work around really treating trafficking as a serious issue within this city. I think it’s often underspoken about, and underrated as one of our top issues, but it happens quietly in the background,” said Mayor Pro-Tem George Syrop during the council meeting.
The moratorium will give staff time to create land use and operational rules surrounding massage businesses.
The Massage Permit Ordinance is part of Hayward’s Business Friendly Project, aimed at making it easier for people to own a business in the city. However, the massage permit ordinance will not make it easier for people to open massage businesses. New rules are being applied to the draft ordinance.
“While the vast majority of our proposed revisions are ways to lighten permitting requirements and streamline processes, there are two uses where we’re recommending stricter controls for,” said assistant city planner Sachiko Riddle during the council meeting regarding massage establishments. An updated version with amendments to the Massage Ordinance will come back to the council for final adoption this spring.
The proposed rules under the Massage Permit Ordinance include not displaying sexually suggestive ads in their business and changing the permit length from two years to one.
The proposed massage business also has to ask property owners who lease the land to them to write a notice to the city saying the land owners are aware what type of business they are running. City staff said massage parlors are also required to post signs with the human trafficking hotline number on it, like the ones seen in airport bathrooms.
Massage businesses are only allowed in Downtown Hayward. A conditional use permit is needed for massage parlors that are in other retail spots in the city. They are not allowed to operate anywhere else.
All proposed massage businesses have to get a Massage Establishment Permit from the police department, a business permit and land use approvals. Every employee offering massage services at the parlor must get a certificate from the California Massage Therapy Council. Permit applicants also have to go through a background check, including fingerprinting.
Those who want to provide feedback to Hayward’s Business Friendly Project, especially help with changes to the Massage Permit Ordinance, can attend two community meetings. The first is the Proposed Rezoned Properties meeting on Feb. 12. The second is the community meeting for Industrial Zoning Districts on Feb. 19.
