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(a) Massage professionals and businesses providing massage therapy promote public health and well-being with therapeutic practices that temper aches and pains, ease stress, reduce blood pressure, and provide other valuable health benefits.
(b) In 2008, the Legislature enacted uniform statewide regulations pertaining to massage therapy (Senate Bill No. 731 (2008), amended by Assembly Bill 619 (2011)) codified in Business and Professions Code Sections 4600 et seq. The regulations created a private nonprofit benefit corporation, the California Massage Therapy Council ("CAMTC"), which was authorized to regulate and standardize the issuance of certificates to massage professionals throughout the state.
(c) The 2008 law, as amended, also served to exempt massage practitioners and massage therapists who are certified by the CAMTC and massage businesses that employ only CAMTC-certified practitioners from local permitting and other regulatory requirements except for reasonable health and safety standards. This has had a preemptive effect on the ability of cities and counties to effectively regulate massage businesses.
(d) The lack of local regulation has led to a marked increase in the number of massage businesses that have opened in San Francisco, especially in some areas of the City that now exhibit a significant concentration of such establishments.
(e) The lack of regulation has also allowed many illicit massage businesses to open, sometimes using deceptive euphemisms like "relaxation spa" or "health club." These illicit businesses are generally outlets of the sex trade, and some engage in human trafficking and other human rights violations. Such massage businesses are detrimental to the health and safety of the community and adversely impact the local economy by driving legitimate business away, potentially affecting the vitality of neighborhoods and the provision of adequate services for residents and visitors alike.
(f) In 2014, the Legislature passed, and Governor Brown signed, Assembly Bill No. 1147 (''AB 1147" ), which authorizes local governments to use their regulatory and land use authority to ensure the public's safety, reduce human trafficking, and enforce local standards for the operation of the business of massage therapy in the best interests of the affected community.
(g) Under AB 1147, cities and counties regained broad authority over the ability to regulate businesses that provide massage therapy, and CAMTC retained authority over regulating those individuals who hold a CAMTC certificate to practice massage therapy.
(h) Through this Article 29, the City seeks to exercise its authority under AB 1147 to regulate all massage businesses, including those that employ only CAMTC-certified practitioners, and to regulate massage practitioners who do not hold a CAMTC certificate.
This Article 29 shall be administered and enforced by the Department of Public Health. The Director may adopt rules and regulations to carry out the provisions of this Article.
(Former Sec. 29.3 added as Sec. 1902 by Ord. 269-03, File No. 030995, App. 12/5/2003; amended by Ord. 317-08, File No. 081250, App. 12/19/2008; redesignated and amended by Ord. 262-13, File No. 130400, App. 11/27/2013, Eff. 12/27/2013; redesignated as Sec. 29.11 and amended by Ord. 72-15
, File No. 141302, App. 5/28/2015, Eff. 6/27/2015)
(a) No permit issued under this Article 29 shall be transferable under any circumstances, including but not limited to the sale of the Massage Business.
(b) Upon the effective date of the sale of a Massage Business, the permit for the Massage Business shall expire by operation of law. If a permittee sells a Massage Business, the permittee shall promptly surrender the permit to the Director no later than the effective date of the sale. This obligation is not dependent on the Director’s requesting the surrender, but arises by operation of law as a result of the sale of the Massage Business. If the permittee fails to surrender the permit to the Director as required by this subsection (b), the Director may, after giving the permittee notice by mail or electronically of the proposed action and an opportunity to respond, establish that the permit has expired by operation of law and hence is not a valid permit, and that it must be surrendered.
For the purposes of this Article 29:
"Approved School" or "Approved Massage School" means a school that provides instruction and training in massage and meets the requirements of California Business and Professions Code Section 4601(a).
"CAMTC" means the California Massage Therapy Council as established in California Business and Professions Code Section 4602, or any successor agency.
"CAMTC Certified Practitioner" means an individual who administers massage for compensation and holds a valid and active certificate to practice massage issued by CAMTC pursuant to California Business and Professions Code Sections 4604 or 4604.2.
"City" means the City and County of San Francisco.
"Compensation" means a payment, loan, advance, donation, contribution, deposit, forgiveness of debt, or gift of money or anything of value.
"Convicted" means having pled guilty or having received a verdict of guilty, including a verdict following a plea of nolo contendere, to a crime.
"Department" means Department of Public Health.
"Director" means the Director of the Department of Public Health or any individual designated by the Director to act on his or her behalf.
“Inspector” means a Department employee responsible for conducting inspections on behalf of the Department.
"Massage" means any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the external soft pads of the body with the hands or with the aid of any apparatus or appliance.
“Massage Business” means Massage Establishment, Outcall Massage Service, and Sole Practitioner Massage Establishment, collectively.
"Massage Establishment" means a fixed place of business where more than one individual administers Massage for Compensation, excluding those locations where Massage is provided only on an outcall basis.
“Massage Practitioner” means any individual who administers Massage for Compensation pursuant to a permit issued by the Director under this Article 29.
"Outcall Massage Service" means any business other than a Massage Establishment or Sole Practitioner Massage Establishment that provides Massage for Compensation at a location designated by the client rather than on its premises.
"Owner" means any individual, partnership, firm, association, corporation, or combination of individuals of whatever form or character with an ownership interest in a business that provides Massage services.
"Sole Practitioner" means a Massage Practitioner permit holder or CAMTC Certified Practitioner who provides Massage for Compensation without any partners, associates, or employees, and absent any business relationship with a Massage Establishment.
“Sole Practitioner Massage Establishment” means a fixed place of business solely owned by a Massage Practitioner permit holder or CAMTC Certified Practitioner, which individual is the only person who provides Massage for Compensation. The business location may be shared by up to two Massage Practitioners or CAMTC Certified Practitioners in any combination, except as otherwise provided pursuant to Section 29.29(e).
(Added as Sec. 1900 by Ord. 269-03, File No. 030995, App. 12/5/2003; redesignated as Sec. 29.1 and amended by Ord. 262-13, File No. 130400, App. 11/27/2013, Eff. 12/27/2013; redesignated and amended by Ord. 72-15
, File No. 141302, App. 5/28/2015, Eff. 6/27/2015; amended by Ord. 272-18, File No. 180757, App. 11/20/2018, Eff. 12/21/2018)
(Former Sec. 29.5 added as Sec. 1904 by Ord. 269-03, File No. 030995, App. 12/5/2003; redesignated and amended by Ord. 262-13, File No. 130400, App. 11/27/2013, Eff. 12/27/2013; amended by Ord. 75-14
, File No. 140226, App. 5/28/2014, Eff. 6/27/2014; redesignated as Sec. 29.13 and amended by Ord. 72-15
, File No. 141302, App. 5/28/2015, Eff. 6/27/2015)
The Director is authorized to access local, state, and federal level summary criminal history information for licensing, permitting, and/or certification of Massage Businesses and Massage Practitioners, and for the suspension or revocation of licenses, permits, and/or certification of Massage Businesses and Massage Practitioners, and may not disseminate the information to a private entity.
(Added by Ord. 272-18, File No. 180757, App. 11/20/2018, Eff. 12/21/2018)
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