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HomeMy WebLinkAboutAgenda: Study Session Item a: Massage Therapist Regulations.CJ~ CollN
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°�'�2°,ityof °0 STAFF REPORT
Development Services Department
DATE: March 5, 2013
TO: Honorable Mayor and City Council
FROM: Jason Kruckeberg, Assistant City Manager /Development Services Director
By: Jim Kasama, Community Development Administrator
SUBJECT: REPORT, DISCUSSION, AND DIRECTION ON MASSAGE THERAPIST
REGULATIONS — ARCADIA MUNICIPAL CODE SECTIONS 6418 ET
SEQ.
Recommendation: Amend Regulations to Comply with State Law
SUMMARY
The City of Arcadia's Massage Therapist Regulations were initially adopted in
November of 2002 (Ordinance No. 2163) and have been revised four times in response
to changes in State laws; most recently, in August of 2009 (Ordinance No. 2260). Since
then, the State has enacted two new pieces of legislation, AB 619 in August of 2011,
and SB 1238 in September of 2012. Both of these new laws restrict the abilities of local
agencies to regulate massage therapists that are certified by the State, and the City's
regulations need to be revised to be in compliance with the new State laws. It is
recommended that the City's Massage Therapist Regulations be amended to comply
with State law, but that the City retain the ability to regulate massage therapy to the
fullest possible extent.
BACKGROUND
The City's current Massage Therapist Regulations include requirements and procedures
for the issuance of a City of Arcadia Verification Card. A Verification Card is issued
after the Arcadia Police Department has completed a background check and verified the
authenticity of either a State - issued Massage Certificate, or a City- issued Massage
Therapist Identification Card. The City's regulations also include several operational
requirements for businesses that provide massage therapy; for instance, massage
being limited to an incidental portion of the overall business, medical offices being
limited to a maximum of two (2) massage therapists, massage therapy not being
allowed between 9:00 p.m. and 7:00 a.m., massage businesses being subject to
inspections and searches, minimum lighting requirements, and maintenance of records
of employees and customers. The combination of the Verification Card requirement, the
Massage Therapist Regulations — Study Session
March 5, 2013
Page 2 of 3
operational regulations, and a regular inspection program has proven successful in
deterring illicit activities at massage therapy establishments in the City of Arcadia.
Assembly Bill 619, which became State law in August of 2011, formally established the
California Massage Therapy Council (CAMTC) and charged it with the issuance and
enforcement of Massage Certificates as well as overseeing the training required for
such Certificates. AB 619 made the requirements for State - issued Certificates stricter
and established clear discipline procedures. Senate Bill 1238, which became effective
January 1, 2013, clarified the procedures by which the CAMTC may suspend, revoke,
or otherwise discipline a certificate holder upon receipt of clear and convincing evidence
of the commission of an act punishable as a sexually - related crime related to the
qualifications, functions, or duties of the certificate holder.
DISCUSSION
While AB 619 and SB 1238 have made the qualifications for the State - issued Massage
Certificates stricter, the legislation also precludes local agencies from requiring separate
background checks or other authorizations in addition to those carried out by the
CAMTC. A basic business license can be required; provided, however, that the fee and
requirements are the lowest of, and no different from, those required of any other
profession or personal service business. Therefore, the requirements for a background
check, fingerprinting, and a City of Arcadia Verification Card cannot be imposed upon a
massage therapist that is certified by the CAMTC unless it is done free of charge and
does not unduly delay the applicant's business operations.
The City's zoning regulations currently group massage therapy with Personal Service
Businesses, which include barbers, hair stylists, manicurists, estheticians, etc., and
such Personal Service Businesses are required to have an approved Conditional Use
Permit (CUP). AB 619 and SB 1238 preclude the requirement of a CUP for massage
therapists certified by the CAMTC, unless a CUP is also required not only for all other
personal service businesses, but for all other businesses and professions regulated by
the State Corporations Code, which includes doctors, dentists, nurses, accountants,
architects, attorneys, etc.
AB 619 and SB 1238 also include provisions that preclude the establishment and
enforcement of rules and regulations on CAMTC - certified massage therapists that are
not likewise imposed on the other businesses regulated by the State Corporations
Code. For instance, the City's Massage Therapist Regulations include numerous
operational provisions — such as massage being limited to an incidental portion of the
overall business, medical offices being limited to a maximum of two (2) massage
therapists, massage therapy not being allowed between 9:00 p.m. and 7:00 a.m.,
massage businesses being subject to inspections and searches, minimum lighting
requirements, and maintenance of records of employees and customers. None of these
operational requirements are imposed on any other businesses by the Arcadia
Massage Therapist Regulations — Study Session
March 5, 2013
Page 3 of 3
Municipal Code. Under the new laws, the City would either have to impose such
requirements on every business or remove the requirements from massage uses.
Of note, AB 619 and SB 1238 apply only to sole - proprietorships that are certified by the
CAMTC, or to massage therapy businesses that employ, or use only therapists certified
by the CAMTC. Therefore, it may be that day spas, or other personal service
businesses that combine massage therapy with other personal services, may still be
subjected to the requirement of a CUP, as well as the other operational requirements
stipulated by the City's current Massage Therapist Regulations. As such, all methods
for retaining a CUP requirement for massage therapy businesses that still complies with
the new State legislation will be explored.
Additionally, since AB 619 and SB 1238 do not make State - certification mandatory
(State law provides for voluntary certification until at least January 1, 2015) the City -
issued Massage Therapist Identification Card process can be retained, which would
enable the imposition of the existing operational requirements on non - CAMTC - certified
massage businesses. Furthermore, any business, including a massage therapy
business, whether CAMTC - certified, or City - certified, that violates any applicable
regulations or laws, may have its business license revoked or suspended by the City's
Business License Officer.
FISCAL IMPACT
Changes to the City's Massage Therapist Regulations to comply with State law will
likely reduce the number of applications for Conditional Use Permits, City- issued
Massage Therapist Identification Cards, and Verification Cards. This will reduce the
amount of fees accrued by the Development Services Department, and the Police
Department. However, these fees are not a significant portion of the revenues for these
Departments and are only imposed to cover the time and materials associated with
reviewing and enforcing these entitlements. There will likely be an increase in massage
businesses due to the relaxation of the regulations and an increase in inspections to
comply with the new State laws. This could result in increased Police responses and
costs if the CAMTC does not stringently enforce its standards.
RECOMMENDATION
It is recommended that the City's Massage Therapist Regulations be amended to
comply with State law, but that the City retain the ability to regulate massage therapy to
the fullest possible extent.
3
Doanic Lanza �f
City Manager