not through the infers of the c m ac they've disapproved 60 of those schools they've not certificate those students from those schools i know that the education requirements recommend to the massage progression is hard to comprehend i know this is a rather combraktd process please feel free to reach out to must thank you very much thank you for your time. >> thank you. next speaker, please. >> thanks for having us i'm a left hand practitioner with the state of california and for efficiently years a business owner of a small studio a human

arts studio 10 years in the same location 5 hundred square feet and we're i believe nc one i employ 6 people c mc certified moonl therapist i was told by the planning department now the power has been handed to the city my business is not zoned to provide services we can offer skin care and hair not massage that's 50 percent of my staffs income we're told to go through a conditional use process if we only offer skin care don't have to go through the process but if we have offered a service we've offered legally for years we have to go to the conditional use we're against human

trafficking to traffic human beings are the ones that pay for those process hair slogans and different businesses have bad actors yet they're not being permitted through this process people will enslave people we need more enforcement like the police i don't know that's not my department your industry is being singled out and this conditional use is unfair they orientated represents that are in alignment and said conditional use is an unfair burden san francisco is already losing small businesses the process will put me out of business it is not just the cost of permit or the inspection costs that is the cost of the

massive behind costs and paying for a permit with the health department it great but the minute we have ever department i can't be forced i'm in a 5 hundred square feet non-conforming space there is a myriad of problems paying for permits and contractor and closing down to have everything fixed and every single 3ri89s i have to apply for that's basically a small business horror story we can't it will not stop illicit businesses that will close small businesses we need the skilled trade services to you know have san francisco fight for our citizens in the city thank you very much. >> good afternoon

my name is candice the president of the mission merchants association and the owner of in san francisco wall traufks is honorees and horrible none of us want that it has nothing to do with to massage bringing the permitting back to moonl will hurt massage in 2010, i was shut down over zoning issues because i didn't have a permit this was hell it took a year and a half out of my life and told the story a thousand times it was wrong i had thirty employees we were making 55 thousand dollars a month doing all the right things but because of the kwifg conditional use you permitting and not zoned there i was 14u9 do you think they were city licensed and all of a sudden i had no in case a year and a half later i did a 2

hundred thousand build out and commissioner keane when you had a built out i'm a c m t c establishment when you had a built out the the planning department send notification with or without the appointment you don't need the conditional use to send out the notification it was really all i have to say it will kill small businesses. >> this is my brother and manager we have a family run business they're leaving san francisco that is making it harder to stay in town. >> hi good afternoon. i'm kathy a visitor from san raphel he will i'm c a mc approved i

have my license through the city of san rap we'll coming up for zoning right now i wanted to speak on behalf of sole proprietor exemption as 09 people said our profit margins are small, in fact i went into the business and became that by that alone i'm i'll not be linked to the sex trafficking industry my clients come from trademarks and doctors and others i know i have 2 thousand hours of education the bottom line t is 85 hours i wish there was a way that those of us who are in this sort of medical field can be exempt i work in the same building for 17 years they've been no complaints that

is a building that is occupied by therapists i work alone and been there i see a maximum of 4 clients a day not a lot of traffic i don't see how high work inadvertently impacts the neighborhood i want to give you a picture of one of the typical sole proprietors we're serious conditional use permits will drive me out of business thank you. >> is there any additional public comment. >> go ahead and come up. >> i'm a terrible public speaker but here to speak on behalf of the moonl therapists as employees and practitioners

of businesses you've heard from the backdoor i want you to think about what is talked about this is on reduce that will hurt the practitioners every time there is new employment that comes up in san francisco we hear more and more how difficult it is to run a business it triangles down to us i know in the last couple of years my colleagues had to leave the city couldn't afford it anymore and taking more cuts more more regulation it comes down to us so, please think about that when thinking about this process i know also i would like to say that c m t c has great

intentions the state on hold not only looking at parking garages one small area tracking throughout the entire state and i think that is a great way to moved in our business and industry i know supervisor tang said we're just going back to the way things were when i first moved here going back to the way things were your only needed one hundred hours of training to know how short your nails should be in becoming a massage therapist please help us to moved not backgrounds or backwards. >> thank you. >> good afternoon the director of office of small business i

want you to have before the commissioned responses they heard on monday, i want to express my appreciation to commissioner chan and the commissions to take on a very sensitive and needed effort to really deal with the problem we are having around sex trafficking and illicit operations i wanted to provide and from the offices they've spent a lot of time working on this and month to month meeting with stakeholders i want to provide a couple of clarifying points in the response the commissions role to faucet and promote small businesses with there less than it made it's recommendation it

felt strongly that the city needs to move forward in a way to be able to start distinguishing moonl as a 234079 legitimate and it is liability it is part of the health care industry there are code to get reimbursements varying degrees with your health insurance those things didn't exist in 2003 or 2006 from the commissioners prospective that there is a significant growth in the movement of moonl as a legitimate as part of health care city and what can we do to separate it out from the fact there are illicit operators using massage as a means to legitimize what they're doing so and it is through that less than

that the commission made its initial recommendation it was a dual recommendation was not going to make a formal like straight up and down but the legislation should be amended and that the commissions purview in terms of fostering and promoting it looking at this industry not in relationship to just this industry what is the city doing is a whole what is the middle-class businesses those businesses where you're not making high in case the individuals that were working in those businesses maybe lower middle-class wages what are we doing as we've setting up policies and procedures to not make it cumbersome to maintain our middle-class businesses this is an issue such as we're

talking about our residents so the commission is very supportive of the - what the regulations are being put in in regards to the department of public health really raising the criteria from one hundred hours to 250 the commission had some deliberation whether the 5 hundred hours or the 250 force the practitioners they looked at the massage health care practitioners to provide guidance on this but raising the standard is something they were supportive of and in addition to the fact that one i think one of the issues that has brought united states to the point and has really helped to escalate in

2009 with an an 3731 is that it doesn't provide a means either the state level or the city for those who received the cam text certification to do inspections for establishment and so that was a huge will that that those entities were able to open up and so the commission felt very much that with the ability with the new state regulation to come in and create a permit to insure the health and safety this is one of the key ways in which we get to deal with illicit operators commission it's initial

recommendation first was to recommend not going a wlanth cu really wanting to take the time to figure out a way as the commissioners talked about elevate the massage medical practice as more of - level it to a place of consideration we look at it from a health and zoning prospective as other health care practitioners but that said the commission understood that there is some interest to have cu so in the case to provide you with their secondary recommendations in that they support of staff's recommendation on the exception of the sole prarths exemption as well as supervisor tang has mentioned in her comments to

support maybe perhaps some expedited or 140r7bd term for the conditional use so that because of the time and the expense involved one other point i want to make been the conditional use in relations to 2006 back in 2006 property owners were grant free rent until you got through the process but with the real estate today it's not there if are your not getting through your conditional use process for 6 months you have to pay rent on the space and the last thing i want to say the commission fully supports commissioner chan and the departments staff's recommendation to find a way to either bring in legal non-conforming or after about

amnesty for the current health care practitioners who either are got certified through the planning department or in medical services but monthly is allowed or didn't do the land use controls so. >> thank you very much is there any additional public comment comment? okay. thank you very much 3gd >> commissioner antonini. >> yeah. i'm very supportive of this legislation i have a question for supervisor tang we talked about the cu process but it would it seems to me from what i'm reading in that all establishment especially those currently in operation will have to go through the cu process it allows us to we'd out the bad operators during the process and we could make exemptions for someone that is 12r5sh9d and

operating they'll continue to operate during the process because then after a couple of years of going through this when wroef had enough time we can find the ones not begun through the process address not be allowed to practice if i interpret it the right way. >> i definitely hear what you're saying commissioners but with the compromise with the establishment we would be more willing to say look if you filed the proper permits with the department of public health to say you're a establishment if you're currently in operations we feel that is sufficient to have them in our system and we would actually be having the wreck zit fees i feel that is a good compromise versus telling

everyone to go through a krud process it not their fault they're caught in 24 dual system we draw the line we want them not if you're a sole practitioner but a full blown establishment we feel that you know should be a requirement again, it is a compromise to say right now for the time being let's make all those who are currently in existence to file a permit are dph as an establishment. >> so you're saying i want us to require the conditional use for all new establishments but those who are already in existence can get the permit from the department of public health and that would suffice is that. >> it is the gist of it was it

entails but again those are existing establishment and prargsdz are not caught. >> that sounds reasonable as long as somewhere the city as had a mechanism to eliminate those strashts that don't get their permits from the department of public health if there's enough teeth in that permitting process to police it to eliminate establishment involved in illicit activities then it will serve the same purpose. >> the revocation process is important without filing through the dph we have no process of revocation that is why it's important to follow up. >> awhile i have you up here the other thing there are 50 establishment in the sunset how many of those operate out of individual homes but sometimes if a business out of a home it's

not a home anymore so i thought we were concerned of the housing elements and maybe some of the establishment are eliminating housing unit. >> we've only been able to track 50 there are actually storefronts but it is difficult to catch but we've found people it is gone down but there were people operating illegally out of homes the city came in and dealt with it in terms of storefront that's been more challenging okay. thank you very much supervisor. >> thank you. >> commissioner hillis. >> this was a question for dph your estimates on the percentage of establishment that are acting

illegally do they fall under the california certified or the dph or not certified at all. >> so it's there's been a shift over the last couple of years the c mc exemption passed at one point i find documented evidence at 1.32 percent establishment but as more and more people do not get the dph credit and the c mc denims it is going with the ones that have the exemption so even within the last year a huge change where there are 90 c mc exemptions right now i wasable you know to find 40 or 45

percentage with illegal activities. >> we're trying to i mean trying to get out the bad actors or so an enforcement mechanism not role it is making a land use action kind of more enforcement action which i think is abdominal of a rub. >> it is two-fold one we have the surplus so a land use tool to diesel with the density issue with the exemption so we can make sure we have healthy be 34ikd communities that includes the legal massage establishment when you apply for a permit you have to get a zoning approval if they fit the criteria one more tool for the city to help to eliminate

illegal moonl establishment. >> what's the tools right now obviously we're not doing a great job. >> we have 80 no permits or revocation we you know have to work with c m t c they're a relatively new organization they've got growing pains to the communication has not been streamlined it is really expensive time consuming daunting process to try to close down the establishments with the exemption they don't have a permit normally if we have a establishment with a illicit business we have a process but it makes it more difficult for the city to close down the establishment. >> so under the new way of doing things i'm a i'm sorry i'm confused. >> so the new way everyone that

opens a massage business with the location has to get a permit you woman to 9 department of public health and apply for an application we sent e send you to the planning department ask for a conditional use and have an amnesty program for existing businesses. >> so new businesses will they need the california licenses as well as the other. >> we're the the city as a whole the department of public health we're only looking at fixed locations the c mc regulates the practitioners so we're removing that exemption where it dpaert the type of certifications or people that work at the 125ish9 we're regulating the businesses we want to make sure we're not placing any new requirements on practitioners you can get a licensed from the department of

public health or the c mc. >> it sound like from public comment the c mc the california license is more difficult to get they're higher bars. >> it's different in the past the hours were training were more but the department of public health had a program that c mc changed were going to raise our requirements for training hours we're trying to make the standardization for therapists standardized. >> okay sorry so if you have a dph site permit why isn't it enough why can't you enforce that if yours to require every business that has a space for the site why not - i mean do you have the resources to enforce and revoke

their permits so they're not - i perceive perhaps people going through the c mc process they become bad actors it is hard i mean, you have republics with the land it is hard to revoke the c mc we'll had a problems are medical marijuana but you're really the endorser to say whether or not your operating as a good or bad actor and that violate the rules how you dispense if you're using that's the utilities. >> it comes back to i'm not an expert so i can't continent an answer all the issues around the conditional use but that gives oversight to what goes into

community. >> thank you on the existing businesses so the proposal - maybe this is for supervisor tang the existing businesses work out of - were figuring out whether to grandfather them in or give them time to get a cu and if they're good actors you know it cuts both ways. >> not necessarily what we have for in the new legislation will you'll have to get a zoning referral with an amnesty hopefully that has criteria you'll have to meet around potential violations and after that going through the to get even though health department permit we put the director has the ability to call an administration active hearing we put two additional processes to mediating we'd out people that have illicit activities in this process for the existing ones.

>> and do you anticipate if their cu hearings here dph would weigh it in we've had trouble with this the cannabis clubs we may know they're a bad actor. >> i think i hope the planning commission will ask the department of public health to speak about the establishment because your inspectors and health department are out in the field everyday and knowledgeable. >> dph to monitor the planning conditions who their routed to dennis herrera you know the industry better than we do we know the land use part thank you. >> thank you. >> thank you maybe ask one other questions so is there a possibility that like for restaurants comprehensively posts some kind of scoring you know they've going gone through the registering.

>> for massage establishment. >> yeah. >> i don't think we have a scoring system for massage establishment what we can do is use our data portal for the inspections out there i think the scoring system i don't know if we have enough evidence like sanitation to come up with a quantify score that make sense. >> i guess according to the scoring but a posting sticker or something. >> we would like to make sure we're able to be transparent and provided the data to the public. >> okay. thank you one other thought maybe following up on commissioner hillis maybe the cu process helps us in the clustering aspect this is part of the problem where we see two or three massage establishment set up on the same block