►
Description
San Bruno City Council Meeting April 23, 2013
10b. Revise Massage Establishment Ordinance
A
B
Good
evening,
mr.
mayor
members
of
the
City
Council,
while
we
wait
for
chief
Telford
and
Lieutenant
Caldwell
to
come
up
to
the
table,
I'd
like
to
thank
the
two
of
them
for
helping
out
with
reviewing
both
the
draft
of
this
report,
the
draft
of
the
ordinance,
the
PowerPoint
presentation
and
thanks
also
go
to
efforts
by
David
wall
turing,
your
community
development
director,
as
well
as
a
joanne
Ryan
in
the
finance
department
who
processes
many
of
the
business
license.
Applications.
B
B
Unfortunately,
there
were
also
some
that
were
engaged
in
illegitimate
practices
and
the
ones
who
were
not
doing
so
were
concerned
and
became
concerned
about
regulations
all
over
the
state
where
each
city
could
impose
their
own
regulations
and
separate
license
fees,
making
it
difficult
and
expensive
for
legitimate
practitioners
to
practice
their
trade
in
different
different
cities,
both
in
the
bay
area
and
across
the
state.
So
what
happened
was
in
2008?
B
Now
one
interesting
thing
about
this
organization
and
its
permitting
system
was
that
nobody
was
actually
required
to
get
a
permit
from
the
organization.
It
was
purely
voluntary
you
could,
if
you
wanted
to,
but
you
didn't
have
to.
But
if
you
were
certified
by
the
camtc,
then
cities
couldn't
impose
a
regulatory
license
or
a
separate
/,
and
they
couldn't
charge
you
a
licensing
fee
greater
than
for
other
professionals.
So,
even
though
the
system
was
voluntary,
as
you
saw
my
staff
report,
I
thought
it
was
kind
of
interesting
over
a
three
or
four
year
period.
B
Since
the
camtc
was
adopted,
we
had
over
45,000
applications
for
massage
permits,
so
it
became
a
popular
thing
to
do
it.
Partly
in
response
to
the
act
after
camtc
was
was
passed,
cities
amended
their
ordinances
to
deal
with
the
implications
of
the
new
law.
Some
cities
wanted
to
ban
establishments.
They
wanted
to
establish
moratorium,
so
they
could
study
the
situation.
There
was
a
proliferation
of
massage
establishments.
That
cities
didn't
think
was
a
good
idea.
What
San
Bruno
did
instead
in
2009,
was
adopted.
B
What
was
at
that
point
a
best
practices
ordinance,
which
was
a
two-tier
regulatory
system,
so
in
other
words,
if
you
were
certified
by
the
camtc,
then
you
could
practice
massage
in
the
city
of
San
Bruno,
without
significant
additional
regulatory
constraints.
But
if
you
weren't
certified
under
the
camtc,
you
could
still
practice
massage
in
the
city,
but
you
have
to
go
through
a
background
check
and
all
kinds
of
other
things
and
that
at
the
time
was
authorized
under
the
state
law
as
it
existed.
B
So
what
happened
in
2011?
Is
the
state
amended
the
ordinance
to
further
constrain
local
regulation?
Oh
now,
it
worked.
So
what
the
state
law
said
was
that
you
can't
adopt
a
moratorium.
You
can't
ban
massage
establishments
except
in
very
limited
circumstances,
when
you're
putting
a
moratorium
on
all
other
kinds
of
professional
services
like
dentists
and
doctors,
and
so
my
lawyers
and
so
on
and
so
forth.
B
So
what
happened
after
2011?
Is
the
cities
began
amending
the
ordinances
to
conform
with
the
law,
and
they
felt
is
we
do
that?
Amendment
of
their
local
ordinance
is
important
not
only
to
conform
to
state
law,
but
also
so
that
we
can
continue
enforcing
those
things
in
our
local
ordinance
that
were
allowed
to
do
still
under
state
law.
It's
also
an
opportunity
to
revisit
the
two-tier
system
that
the
city
had,
which
is
allowing
all
massage
therapists,
irrespective
of
whether
they
were
camtc
certified
or
not.
B
So
what
we're
proposing
tonight
is
your
review,
an
ordinance
that
requires
a
couple
of
things.
First
of
all,
that
all
massage
practitioners
have
a
camtc
permit,
and
so
even
though
nobody's
making
a
massage
practitioner
go
to
the
state
agency
and
get
a
permit,
our
ordinance
would
say
if
you
want
to
practice
massage
in
San
Bruno,
you
have
to
have
a
camtc
permit,
that's
that's
the
regulation
and
in
addition
to
that,
all
massage
establishments.
B
So
if
you
have
more
than
one
practitioner
doing
massage
at
a
particular
place,
every
one
of
those
people
needs
to
be
camtc
certified,
so
once
they
are,
then
all
of
those
individuals
can
obtain
what's
called
a
certificate
of
registration
from
the
city,
and
that's
just
a
document
that
says.
Yes,
we
see
that
you
are
we've.
We've
done
our
review
of
your
paperwork
and
your
you're
okay,
the
ordinance
would
also
require
a
yearly
renewal.
B
B
Interestingly,
the
ordinance
also
allows
a
grace
period
to
September
to
become
camtc
certified.
So
if
you
want
to
practice
in
san
bruno
and
you're
not
certified
right
now,
you
can
become
certified.
You'll
have
the
number
of
months
to
do
that
and-
and
we
don't
think,
that's
going
to
be
an
issue
for
most
people,
the
other.
The
other
thing
about
the
ordinance
is
that
it's
sunsets
in
2016
and
you
might
wonder
well,
why
is
that?
B
And
the
answer
is
because
state
law
that
created
the
camtc
also
sunsets
in
2016
unless
its
amended
repealed
or
something
we
don't
know,
what's
going
to
happen.
So
we
want
to
make
sure
that
whatever
new
ordinance
we
we
adopt
is
consistent
with
state
law,
both
in
terms
of
its
content
and
in
terms
of
its
effect.
B
B
The
result
is,
and-
and
Neil
and
Jeff
can
talk
about
this
further-
that
it's
going
to
have
to
shift
our
focus
in
terms
of
enforcement
from
a
proactive
or
from
up
front
prevention,
deterrence
standpoint
to
an
after-the-fact.
We
get
a
complaint.
We
we
understand,
there's
some
illicit
or
criminal
behavior
potentially
going
on,
and
then
we
have
to
do
some
enforcement
about
it.
B
So
the
result
of
that
is
that
we
think
there
may
be
additional
resources
needed
in
the
police
department,
and
we
also
think
that
that
that
our
office
may
be
involved
in
more
civil
enforcement
through
the
court
system.
If
we
can't
get
camtc
to
take
action
on
individuals
who
who
we've
determined
are
violating
the
law
in
some
way.
B
So
we
just
have
a
couple
of
next
steps.
First
of
all,
obviously,
for
you
to
provide
comments
and
tell
us
your
thoughts
about
the
proposed
ordinance
if
any
and
then
to
come
back
to
some
of
your
subsequent
meetings,
introduce
and
adopt
the
new
ordinance.
But
in
the
meantime,
staff
has
already
been
working
closely
internally
to
implement
what
I
would
refer
to
as
an
enhanced
and
more
coordinated
review
system,
both
for
the
new
and
existing
practitioners
and
establishment.
B
C
B
It's
a
very,
I
would
say,
complex
or
potentially
complex
process.
What
the
camtc
requires
is
a
certain
number
of
hours
from
particular
schools
that
are
approved
by
the
state
in
massage
therapy,
and
the
number
of
hours
depends
on
a
couple
of
different
factors.
The
camtc,
then,
is
supposed
to
do
a
background,
check
and
other
investigations
to
make
sure
that
the
person
is
a
legitimate,
massage
practitioner
and
then
thereupon,
they
issue
a
license.
B
What
what
we
have
found,
unfortunately,
is
just
because
somebody
has
a
license,
doesn't
necessarily
mean
that
that
they're
not
going
to
engage
in
some
criminal
activity
and
I've.
Given
you
some
examples
of
that
in
the
staff
report,
which
is
what
gives
us
pause
to
think
that
the
camtc
has
either
the
resources
or
the
wherewithal
to
properly
investigate
each
and
every
one
of
these
tens
of
thousands,
literally
of
licensees
that
are
that
are
that
are
coming
in.
C
A
B
It's
an
interesting
question:
there
is
an
entire
body
of
state
law,
called
unfunded
mandates
and
there's
a
process
by
which
cities
can,
in
theory
and
I
emphasize
the
words
in
theory,
recover
money
for
unfunded
state
mandates.
I
think.
The
short
answer
to
your
question
is
not
from
a
practical
standpoint.
C
On
councilmember
Salazar,
because
even
the
state
regulates
and
sets
most
of
the
precedent
what
the
city
can
and
cannot
do
and
in
essence
we
can.
We
can't
charge
a
different
business
license
structure,
therefore,
to
recoup
costs,
and
so
really
our
hands
are
tied,
that
the
state
has
put
forth
its
standards
and
again,
like
you,
said,
unfunded
mandates.
They.
B
Are
I
mean
the
only
the
only
additional
possibility
is
if
there
is
civil
litigation
against
a
massage
establishment
under,
for
example,
a
state
block
called
the
red
light
abatement
act.
That's
a
statute
under
which
the
city
can
recover
its
costs
and
attorneys
fees
for
doing
so.
But
it's
it's
more
difficult
for
the
city
to
recover.
Just
the
ongoing
actual
cost
of
monitoring
and
investigating
these
establishments
to
make
sure
that
they
are
complying
with
state
law.
B
A
D
D
Camtc
doesn't
endorse
any
ordinances,
but
we
do
have
given
out
samples
I
see
that
a
lot
of
this
has
come
from
from
redwood
city
ordinance,
which
was
drafted
by
your
former
city
attorney
Pam
Thompson,
and
what
we've
learned
is
that
the
concept
of
the
revocable
registration
is
actually
a
creative
interpretation
of
the
law.
It's
not
in
statute.
There
are
some
cities
that
have
not
put
it
in
because
they're
very
they're
concerned
of
a
legal
challenge,
but
a
number
it
is
the
trend.
A
number
of
cities
are
putting
it
in.
D
I
am
concerned
about
some
of
the
statements
and
staff
report.
I,
don't
I,
don't
deny
them,
but
I'm
camtc
takes
very
seriously
illegitimate.
Behavior
in
the
profession.
We
do
a
very
thorough
background
check.
Lieutenant
Caldwell
probably
gets
emails
all
the
time
from
people
he
doesn't
know,
because
we
send
an
email
blast
to
our
contact
in
every
city
where
an
applicant
has
listed
as
home
or
work
for
the
last
ten
years
and
many
times
we
get
information.
That
is
not
on
a
on
the
DOJ
report
or
FBI
report.
D
We
can.
Our
standards
are
a
civil
standard,
so
we
can
work.
We
have
a
lower
standard
to
deny
revoke
or
suspend,
and
we
we
do
work
very
effectively
where
we're
moving
on
increasing
our
professional
standards
division
and
our
professional
standards.
Division
is
actually
the
director
spent
32
years
with
LAPD
28
of
those
in
Vice,
his
whole
division
or
X
vice
officers
and
an
attorney
so
he's
got
a
very
good
and
effective
division.
D
We
the
like
your
city,
we
can't
deny
somebody
if
their
background
if
their
education
holds
and
their
background
is
clean
and
a
lot
of
times.
As
you
know,
there
are
people
who
are
prostitutes
and
we
they
just
haven't
been
caught
caught
yet
or
sexual
predators,
which
we
get
a
lot
of
complaints
of
as
well.
We
do
have
very
effective
means
for
denying
suspending
and
revoking
that
have
been
enhanced
this
year
with
the
passage
of
SB
1238.
D
D
D
That's
the
opportunity
where
our
law
gets
reviewed,
that's
the
opportunity
to
to
make
changes
either
to
camtc
how
we
operate
or
to
the
law
itself,
and
we
expect
to
be
asking
for
quite
a
bit
more
authority
for
us
and
to
assist
cities
in
section
4
point.
Well,
I,
don't
know
if
you
want
me
to
go
into
sections
or
if
you
are
not
going
to
vote
on
a
first
reading
today.
I
could
certainly
work
with
mark
on
it.
So.
B
If
I
may,
through
the
chair,
it's
wonderful
to
see
Beverly
again,
we
did
work
closely
together
on
the
Belmont
massage
ordinance
and
we
can
certainly
get
together
after
the
meeting.
It's
not
slated
for
introduction
tonight.
It's
just
open
for
discussion
and
were
you
know
very
pleased
to
know
that
camtc
is
continuing
to
improve
its
its
efforts
to
work
with
cities
and
especially
when
cities
come
up
with
information
that
calls
into
question
whether
an
applicant
or
a
licensee
from
camtc
should
have
their
license,
suspended
or
revoked.
B
That's
the
kind
of
of
cooperation
that
were
that
cities
are
really
looking
for
so
very,
very
pleased
to
hear
that,
and
will
certainly
work
together
with
with
Beverly
between
now
and
the
next
meeting,
to
incorporate
some
of
those
things
that
she
talked
about
into
the
ordinance
and
make
sure
it's
it's
just
as
good
as
it
can
be.
Okay,.