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7.A. - Page 2 3 implement the Zoning Ordinance for this use and ensure coordination between the Police Department and Zoning Administrator's reviews.' In 2009, a new state law was adopted (SB 731), and amended this year (AB 619), governing massage establishments and is instituted under Section 4600 of the California Business and Professions Code. The state law (as amended) created a nonprofit public benefit corporation now called the California Massage Therapy Council (CAMTC) to regulate and standardize the issuance of massage therapist and practitioner certificates throughout the state. Accordingly, massage workers may voluntarily apply for and receive a certificate from the CAMTC, after undergoing an application and review process. The state process is voluntary but if a massage worker obtains a state certificate, cities cannot impose different or more stringent requirements than allowed under the new state law. Similarly, a massage business that employs only state certified massage workers are not required to obtain a separate City license, permit, or other authorization. In addition, a city may not enact ordinances, regulations, rules, requirements, restrictions, land use regulations, moratoria, conditional use permits, or zoning requirements that are different than those requirements that are uniformly applied to all other individuals and businesses providing professional services. A city also may not enact or enforce existing local building code or physical facility requirements that do not uniformly apply to other professional or personal services businesses. Thus, the state law preempts much of a city's authority to regulate massage workers /businesses that are state certified. Cities may continue to regulate massage workers /businesses that are not state certified. Here is a summary of what cities can and cannot do under state law with respect to certified workers and businesses: STATE LAW Can Do Can't Do Local police may verify information and get history Local agency cannot require state certified of state certificate holder from CMTC. massage worker or business to obtain license, permit or other city authorization to practice massage. Local agency may adopt reasonable health & Local agency cannot enact ordinances, regulations, safety requirements — cleanliness of massage rules, requirements, restrictions, land use rooms, towels & linens, reasonable attire and regulations, moratoria, conditional use permits, or personal hygiene for persons providing massage zoning requirements that are different than those services as long as does not impose additional requirements that are uniformly applied to all other qualifications such as medical examinations, individuals and businesses providing professional background checks, or other criteria. services. The City's ordinance does currently acknowledge state certifications, but the City has been complying with state law by accepting them in accordance with law. 2