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7.A. - Page 6 2. Continue existing city process, and exempt state certified workers /establishments from the city regulation The benefit of this approach is that it is simple and involves no substantial change in existing City law, but it does not allow the city to use the limited authority it has to regulate some aspects of the certified workers /businesses. San Mateo and other cities enacted such ordinances. 3. Create a hybrid approach with one set of regulations for City - permitted workers /businesses and a separate set of regulations for state - certified workers /businesses This allows the City to retain its authority as to those workers and businesses that do not become state certified and also allows the City to retain authority in limited areas over state workers /businesses. The disadvantage is that it is cumbersome, creates additional work, and potential confusion with two processes. A number of cities use this approach including San Bruno. Recommendation The staff is recommending Option #1. Most massage workers are state - certified and this is likely to be the trend. This would enable the City and consumers to easily identify credible massage workers who have attained substantial education in the field and passed CAMTC's background check. This is CAMTC's mission and recently, the legislature adopted SB 285, which goes after "suspect" schools by making it a crime to give out unearned diplomas in the field of massage therapy. The law further allows law enforcement to provide information about prosecuted persons to CAMTC. The City can also require such workers /businesses to register their status with the City's Police Department, to adhere to reasonable health and safety regulations, and to obtain a business license. With respect to a moratorium or distance requirement, enacting a moratorium on city - permitted businesses may be an option, but since the trend is toward state - certified businesses, this may not achieve the desired outcome. And, if the City were to proceed with allowing only state - certified workers /businesses, a moratorium on City - permitted establishments would be irrelevant. Key Elements of Proposed Ordinance A draft ordinance is attached. Key elements of the proposed ordinance include: • Require all massage practitioners to become state - certified and all massage establishments to employ only state - certified massage practitioners; • For business owners that are do not perform massage and are not state - certified require Police Department background check; • Establish effective date set out far enough that there is adequate time for practitioners and establishments to comply; • Require massage businesses and practitioners to obtain a City Certificate of Registration from Police Department verifying possession of valid and current state - certifications and require zoning clearance letter and business license; 0