Simi Valley council takes action to further ban new massage, medical marijuana ... -...

[massage]

The Simi Valley City Council has extended its moratorium on new massage businesses and has introduced an ordinance to further formalize its existing ban of medical marijuana dispensaries.

The council took both actions Monday night.

"The city of Simi Valley has the second highest number of massage businesses in Ventura County," Simi Valley Police Cmdr. Alan Thompson told the council. "A shocking number of them" are fronts for prostitution.

The council initially adopted the moratorium a year ago as a result of the state returning some regulatory control of massage businesses to local governments. The council on Monday extended the moratorium for up to another year to allow city staff time to finalize study of the issue.

It bans new massage businesses, including off-premises establishments, and the expansion of existing ones. Off-premises massage businesses are independent contractors who work from home or provide services at offices and health fairs.

"With the growth in the massage industry ... the city has investigated numerous complaints related to suspected illegal activity and there is concern about associated negative impacts on quality of life, effects on public safety, impacts to the local economy, and overall character of the city," Peter Lyons, environmental services director, wrote in a memo to the council.

The moratorium extension establishes an exemption: It permits a handful of salaried employees who worked at now-closed spas the opportunity to start their own off-premises massage businesses if they had been independent contractors before the ban.

The council extended the moratorium over the objections of a handful of massage therapists and supporters.

Nicole Ochoa said the moratorium unfairly lumps legitimate massage therapists like herself in with prostitutes.

"The confusion between the two professions is disgusting," she said.

Greg Wolff, the husband of a massage therapist, called the moratorium "draconian."

Their concerns struck a chord with some council members.

"In some ways I think we're unfairly characterizing legitimate massage businesses," said Councilman Glen Becerra.

Councilman Keith Mashburn agreed.

"Unfortunately, the legitimate businesses get caught up in this mess," he said. "That is not the intent of this council."

Even so, Becerra and Mashburn joined the three other council members to unanimously approve the moratorium extension.

In another action, the council introduced an ordinance to further formalize the city's existing ban on medical marijuana dispensaries and the cultivation, processing, distribution and delivery of medical marijuana.

The ordinance, which will modify the city's municipal code, is expected to be adopted Jan. 25. It comes in response to the California Medical Marijuana Regulation and Safety Act that went into effect Jan. 1. The act mandates that cities and counties must have land use rules that regulate or prohibit commercial medical marijuana uses.

Under the ordinance, patients with a serious health condition and with a physician's prescription will continue to be allowed to cultivate marijuana for personal use pursuant to the state's Compassionate Use Act of 1996.

No members of the public addressed the council on the ordinance.

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