AgdaPkt 2011-11-14 - Laserfiche WebLink

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6.4.A. - Page 1 REPORT To the Honorable Mayor and City Council From the City Manager November 14, 2011 SUBJECT New Ordinance Regulating Massage Services RECOMMENDATION Waive First Reading and Introduce an Ordinance Repealing Existing Chapter 18A and Enacting New Chapter 18A Regulating Massage Services BACKGROUND During its meeting on October 24, 2011, the City Council received a report regarding the current law on massage, compliance, and options for regulating massage services. The City Council determined that the City's Municipal Code should be updated in light of state law regulating massage services. Collectively, the new laws (AB 619, SB 731, and SB 285) instituted under Section 4600 of the California Business and Professions Code created a nonprofit public benefit corporation called the California Massage Therapy Council ( CAMTC) to regulate and standardize the issuance of massage therapist and practitioner certificates throughout the state. The policy behind the state law is to enable consumers to identify legitimate and professional massage workers /businesses. Further details including pathways to CAMTC certification is located on CAMTC's website located at the following address: www.camtc.org Although voluntary, once a massage worker obtains state certification, 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 is 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. The following is a summary of what cities can and cannot do under state law with respect to certified workers and businesses: