to have a better educational outreach to workers and provide linkages and services and health care and other social purposes for workers so a little bit about the connection massage recollection and the public health it is seen as positive by the department of public health but unfortunately the regulatory environment created by the state impede the ability to have a healthy community i spoke about the loopholes of the unregulated businesses and those businesses don't have the same permitting of the hygiene of equipment and proper sanitation all have a health impact we recognize the many massage parlors are

legitimate unfortunately, many are not we estimate 40 are illegal and those are houses for human trafficking human traufk is one of the faster crimes going in the world and 40 percent state of california occurs in the bay area because of the proposals from the state legislation there's no public process or community input into those businesses opposing e opening into the neighborhood so this slide kind of shows the landscape of the massage landscape we have 20th century 1 and 46 that were permitted under the owl health system and 90 exempt from the regulations because of the c mc regulations we'll have a couple

establishments open and close those figure is not complete but there are many businesses that have not employed with health codes or planning codes there is a lot of businesses we know know about but to bring them in and get them on par with other businesses in san francisco as you can see there's certain areas that have higher density about 70 percent of massage establishment are located in 7 neighborhoods in san francisco this is the sunset the richmond and the financial district and chinatown and western edition so some of the unat the end consequences of into into 731 we have a two tier establishment some are under regulated but to have a level the playing field for all businesses in the city

of san francisco so to show the next slide shows the dividends in the regulation if you're an exempt business or regulated by the public health department very w have revocable permit and subject to cost fees and all the regulatory health we recover our costs right now we're losing money not recovering the costs from the establishment through the department of public health you have to go through the land use and loss the tnc don't have to ply with local human trafficking or the state requirements also i want to say in general the massage establishments in san francisco has been did the

over 50 percent of other establishments have at least one violation and 14 percent are is 10 or more 2008 we've revoked many permits they have a different owner and about thirty percent of those have been opened and closed many times to prevent establishments that have been closed and prevents from reopening but we have this two tier system it is difficult to compare the regulated places we know in the last year, we've seen c m t c exemption sites are 39 high-risk violations great again, we're not looking at those they're only complaint driven several place have closed and it's about this expensive for the health department to

close those sites many regardless of types of licenses and massage certification this is in filing complaints is a matter of enforcement and human trafficking and provide a fair and even regulatory regulatory investment sees the regulations can be imposed on businesses and improve the

regulation of tnc on their board a public health official and an anti trafficking appointee and changes and puts restrictions on the local government the state regulators regulators saw a bill and it was passed 68 to one and the package of this bill made it clear that tnc has regulatory requirements over the massage and through the land use and regulatory authority. >> so in order to codify ab 1147 we're proposing the following amendments we want to delete the establishments giving the tnc the certified

practitioners so those that were exempt need a license and cost recovery fields that level the playing field to help leave out the bad factors and legitimizes we're adapting and adding a clause for anyone that has a tnc practitioner not get a practitioner permit to avoid dual licenses fraud and enabling the general practitioner from 1 to two hundred 50 hours additionally add a strickerer languages and extending a more criminal charges we're going to

make that more difficult for a massage if it's closed or had multiple violations it is a target for them to appeal those issues and again, our goal of could go this to standard device the regulatory manufacture to help with the protection and aimed at preventing workers and customers so lastly i want to insure the commission we're committed at the health department to prevent and thinking of ways to collaborate with the agencies and nonprofits the department of public health is on the mayor's office of housing with the him trafficking and other collaborative efforts to provide information how to support this we for our permitting process i

know loot small businesses have concerns about permits and the costs and we're you know underway a lot of efforts to try to streamline those processes right now our department is going to have lean training it is to open miss our permitting policies in a couple of years moving into the citywide permitting building that helps to streamline the permits for small businesses and adding the health department is working on how to provide links and provide information on prevention of programs and make sure that once we implement the evaluation to achieve a more protection and last but not least we're hoping for the successful adaptation of this legislation for the small businesses and practitioners and develop changes in the law

so i'll be happy to answer any questions for now about the health code changes or i'm going to turn it over to supervisor tang to speak about the legislation action. >> questions. >> commissioners do you have any questions or do you want to - >> okay. >> can you walk me through what the costs going to be involved as a if you want to establish a massage. >> sure right now to an application cost - i don't have the exact costs right here - if you're a new massage business in san francisco you have to apply with the public health it is $681 and in addition you have to get a fire department

referral a departmental referral there are fees associated with all the referrals and the unanimous license for a massage establishment is 4 hundred plus a year to open up your business in san francisco. >> are those fees going to be whether it is a single practitioner or a larger group. >> that's for a larger massage establishment we have a sole practitioner establishment a permits is only $497 and the annual fee is $500 plus and supervisor tang will talk about the ways we're trying to make it easier for sole practitioners to refrigerate in san francisco around the planning code. >> are those fees and

requirements are those consistent with the other health and wellness performs. >> yes. an example for a track two establishment license fees are 12 hundreds for a midsize restaurant is $1,200 and their certified by the controller's office every year. >> to 0 recover loss in the vertical or across all our businesses. >> all programs and ooishl u usually we subsidizing on some of the costs. >> but in an area like there is quite a bit of work to be done that means that cost recovery is in excess it's under we're not control. >> not necessarily for example there's offend costs maybe 50

percent of my time is being spent we kind of divide my time so the city administrator and my costs and other costs in the legislation outreach and drawing up prelims plan that doesn't increase the cost of the program it is based on the cost of the inspectors the operating costs and the program manager. >> okay. >> commissioner tour-sarkissian. >> thank you for your presentation i have a specific question on the educational requirements is there a reason to have two levels of education will you explain where the 215 and 5 hundred. >> one for a general massage practitioner and another for an

advanced practitioner so we saw 2 hundred and 50 hours as a way to move barriers for massage tlooeft entering the market lows abuse or less complaints that allows the massage practitioner to spend less them in a school that is costing it provides an economic entity for a low cost about say they having can are is a sole practitioner license where a general one couldn't. >> since we're proposing new legislation and regulation what is the department doing right now to cut down on illicit

activity. >> this is was it looks at prior to 2008 since the state legislation came in 2008 that causes contractions for our department our main issue we'll have the 90 exemptions that are not paying cost recovery fees we have to respond to complaints so you've a lot of the work is not based on that right now so prior to 2008 we had an inspection program and like i said we're really looking at legislation to enforce our legislation from the problems. >> you mentioned 90 non-regulated massage establishments and you've mentioned recall thirty to 40 violations could you be specific how many out of the 90 violated.

>> you could i don't know. >> i know what you're asking how many of 90 establishments received violation from the - you know what i have it but not on me i'll be happy to get that fogs information to you. >> are those violations of the nature. >> their high-risk violations. >> high-risk violations. >> that's illegal activities or not having permits. >> those are two entirely different things the not having a permit and the illicit activity the commission a has a question when you look at establishments that have met the respiratory what's the instance of violations are those a class

of this realm that have gone through the necessary steps to become certified and you know essentially legitimizes themselves are they in the bad actors or an issue of bad actors not plying and practitioner licensing things out there already so we're going to be asking you to - >> two things i want to separate out we permit massage practitioners that's one thing that gives us a license to practice massage therapy and prevent massage establishment we're looking to take back the regulatory permit for the licensed establishment you can be a business owner like a physical business intermitting entity we want to regulate for

about 50 percent of the massage establishment in san francisco have at least one violation so in addition to the illegal activity we look at other things like sanitation and rereceive construction to make sure there's 0 proper equipment there are other violations that impact health that are not associated with an illegal massage establishment the type we want to close down we go in and do routine inspections and respond to public complaints as well. >> commissioner ortiz-cartagena. >> i have a few questions what are other counties doing like san francisco are we on line with the fee schedule. >> san francisco is probably a little bit more expensive because san francisco is more expensive again, our costs of rover our fees and operating costs i think we all know one of

the most expensive places our fees are more expensive than other county within california. >> and commissioners, i know if i haven't focused on this bad actors once we get to a level the fees will come down. >> if you're costs are reduced yes, they will be. >> and my last question since all the state implemented the practitioner permit and is there a possibility of foot massages. >> the state gives authority to c m t c it's not a state equity but a nonprofit they're allowed to give licensing yes to the massages are regulated under

foot massage therapy. >> commissioner white. >> yes. he brings up a good point have you seen other counties go into this type of legislation changes and has that worked. >> most communities in california have been a lot more restrictive most counties in southern california have a moratorium and much restricter health regulations so we have interim controls what i more incompetence have a moratorium they're not allowing massage establishment to open because of the mriefks that happened in sb 31 okay. >> thank you. >> commissioner tour-sarkissian

and commissioner ortiz-cartagena and then supervisor tang take the floor so she give her report. >> just two more questions. >> great questions. >> just to sum up the process regarding licensing. >> okay. >> for c m t go c establishments that found in the past affidavits what's the process and for those that have not filed what would there be an amnesty of some way to comply. >> for the establishments that have the exemptions they'll have to get a permit from the health department we'll be looking at ways to streamline it and make that easier a possibility for example if they have a dph permits to use yarusso the costs right now the department of public health costs are somewhat

fixed we've seen areas to reduce it slightly and working with the building inspection and fire department to reduce the fees again, we have to make sure those places are safe and comply with the fire codes in the past they didn't have the city services going in and if they didn't have any exemption we're working with the planning department to put together africa amnesty promissory note program right now it's a thousand dollar fine if you're illegal illegally operating as long as you get our application ♪ the it will we'll not enclose fines and want to acknowledge in the past we didn't do great outreach we want to do the

outreach to the stakeholders and the massage businesses to understand the policies and procedures >> commissioner ortiz-cartagena. >> on the proposed new permit is sfpd one of the referral agencies. >> yes. in order to get a massage permit i have to get a background check. >> to the sfpd. >> okay. >> thank you very much thank you. >> supervisor tang. >> welcome. >> thank you good afternoon, commissioners thank you very much i think cindy did a pretty good job of running down the challenges we're dealing with in terms of the health component i have a s a depression sheet for someone that owns a massage establishment that can clear up questions just to speak broadly

i have a package of legislation for the amending of the go health code cindy probably went over this it bears repeating in 2006 in san francisco all massage establishments under legislation that was actually sponsored by one of my predecessors required that all massage establishment into through a conditional use permit this is the crux of the legislation i know that diego sanchez is here from the planning department but i'm trying to do with the package of legislation to turn the clock back to the 2006 levels that has caused a lot of angst among the people that have existing establishment especially, since

they - we don't blame them for the dual system today, we're looking at the differentizing the massage establishment we have many, many, many establishment that are not completely tracked and no exemption filed with the city or not filed any proprieties with san francisco so we're reilly trying to bring everyone into the fold and do better improvement this legislation is by 0 no means meant to punish anyone that was caught in the dual system that came about in 2009 i wanted to do share with you a couple of the changes we met with stakeholder groups those changes are not reflected in the legislation we've committed to bringing about when it comes before the land use commission and one especially in the

feinstein system we want to talk about the public service of the massage in the feinstein section we realize we're highlight the negative impact but there is also positive role those establishment play in our society secondly we're also, we have received the health and sanitation requirement to be in conformity we're trying to make things lessen reduce and the practitioners that were 30i789d out that are arresting to we're going to have an exemption for people that are 60 years and older they don't have to pay a percentage and people of the this was a exception so we're striking that out we're extending the timeline for when a mass angle establishment is opening where a malmassage

parlor was closed previously they want to see a 3 year gap period instead of one year the 3 outstanding things the planning department will mention in daily is that number one we want to make sure that a if you were previously c a mc exempt and filed all your prima facie case paperwork with the city we want an easier process rather than going through a full blown conditioning process what's the amnesty process, and, secondly in terms of the sole practitioners currently there are different ways to be a sole massage practitioner one practicing by our, and, secondly, share space with up to 3 other people 4 total sole practitioners if an establishment and wanted to figure out a way to make is

easier if you're that one person practicing without another individual those are areas we're in the process of trying to figure out an easier path to not go through the whole process other thing i want to mention we knowing that there are many establishments out there our office sent out a letter last week to two hundred establishment in san francisco we have a little over 2 hundred in our dph blue cross books there are many, many more not in the system we sent a letter highlighting the changes in the health code asking for feedback i've not heard from anyone but we'll try to incorporate as many as possible our goal not to make it more difficult especially, if their legitimate but the reality

is whether or not your dph or c m ac exempt we've found establishment that even though they meet the minimal requirements they're still breaking the reilly's rules in other places we have to have our own staff to make sure their abiding by all the different rules in terms of the foes this is san francisco ems you know all two well, we require of all types of businesses we're not trying to single out the massage industry we want to make sure it is fair across the industry massage is a small business and yes there's work we need to do to make our process shortly and faster you know cheaper all of that; right? i'm commit to working on that i've been trying to do that for small restaurants in general in district 4 so i'm committed to working on that but it doesn't mean that you

know, i know that is unfortunate that this industry has been you know hijacked by a certain group of individuals not practicing massage and it's unfair but we need to bring everyone into our fold so we can again, do better he oversight cindy mentioned that i'll reiterate after the new state law was changed you can look this up but city after city passed moratoriums on new massage permits i choose to take a better approach and turning the clock back to 2006 when every massage establishment had to file i'll be happy to answer any questions but we have planning staff that will go into detail about the programs we're thinking have to