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Description
San Bruno Planning Commission Meeting 07-21-09 6g. Massage Ordinance
B
Thank
you
so,
this
evening,
before
you
is
a
proposed
amendment
to
the
zoning
code
in
what
it
would
currently,
the
zoning
code
treats
massage
establishments
like
adult
businesses
in
what
this
amendment
proposes
to
do
is
to
no
longer
treat
massage
establishments
that
receive
a
certificate
of
exemption
from
the
city
in
that
manner
and
instead
treat
them
similar
to
a
professional
service
and
personal
services
businesses.
The
reason
for
that
is
this.
B
There
is
a
new
state
law
which
changes
how
cities
can
regulate
massage
personnel
and
massage
establishments
prior
to
the
city
law.
Excuse
me,
prior
to
the
state
law
being
enacted,
this
industry
was
subject
to
regulation
at
the
municipal
level
of
solely
and
as
a
result
of
that,
the
city
has
a
complete
regulatory
scheme
that
regulates
both
massage
technicians
by
requiring
them
to
prove
certain
educational
requirements
and
under
grow
undergo
a
thorough
background
check
by
the
city
and,
if
approved,
they
receive
a
permit.
B
There
are
those
in
the
massage
industry
who
felt
that
they
were
being
treated
unfairly
by
being
lumped
in
with
adult
businesses
and
wanted
to
distinguish
the
legitimate
practice
of
massage
therapeutics
as
different
from
the
sex
industry,
which
is
often
times
some.
Some
of
these
establishments
are
a
cover
for
those
activities.
B
Similarly,
those
establishments
that
are
owned
by
a
sole
proprietor,
who
is
a
state
certified
massage
technician
or
who
employs
only
state
certified
technicians,
would
no
longer
be
required
to
get
a
license
from
the
city.
So
what
that
means?
Is
you
end
up
having
two
different
classes
and
a
personnel
and
two
different
regulatory
schemes?
B
For
because
the
the
process
that
the
state
offers
is
purely
voluntary?
Not
everybody
is
going
to
go
and
get
the
certification
from
the
state.
In
that
case,
the
city
can,
if
so,
if
the
massage
personnel
or
the
massage
establishment
does
not
get
the
state
certification,
then
they're
still
subject
to
the
city's
existing
laws.
If,
however,
they
do
get
the
state
certification,
then
they're
really
subject
to
the
state
laws
and
the
state
has
really
limited
what
the
city
can
then
regulate.
B
So
the
city
recently
introduced
an
ordinance
that
addresses
the
City
Council
recently
introduced
an
ordinance
that
addresses
these
changes
in
state
laws
and
what
it
does
is
proposes
to
have
a
certificate
of
exemption,
that
those
who
are
state
certified
would
still
need
to
come
to
the
city
and
show
that
they
do
have
a
certificate
of
exemption.
Prove
their
identity,
improved
their
entitlement
to
an
exemption
to
the
city,
but
once
they
have
that,
then
by
state
law,
you
can
no
longer
prevent
those
establishments
from
being
treated
the
same
as
adult
businesses.
B
A
B
There
are
the
state
law
applies
to
all
cities,
but
there
are
different
approaches
that
cities
have
so
one
approach
is
to
just
do
a
broad
exemption
and
say:
okay,
if
you're,
if
you
have
a
state
certification,
we're
just
going
to
exempt
you
from
everything
and
I
thought
that
that
was
a
little
lacks
in
that
approach,
at
least
for
San
Bruno,
because
there
is
some
authority
that
is
still
allowed
to
the
cities.
You
can
require
them,
as
we
are
doing
to
identify
themselves
to
obtain
some
proof
from
the
city
that
they
are
entitled
to
this
exemption.
B
They're
still
subject
to
certain
health
and
safety
regulations,
and
so
I
didn't
recommend
that
approach.
Another
approach
is
to
require
instinet
is
to
require
all
personnel
who
was
to
engage
in
the
practice
of
massage
to
obtain
a
state
certification.
So
while
it's
voluntary
at
the
state
level,
some
cities
are
making
it
mandatory.
I
also
didn't
recommend
this
approach,
because
I'm
not
sure
of
the
legal
efficacy
of
that
at
this
time.