, 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 make it easier for people. >> thank you very much with the outreach you've done what's the primary objections you've heard from the massage establishment in san francisco and united states conditional use requirement. >> okay. >> and also especially, if you have received an exemption and filled the proprieties they wanted an easier way to come into the fold and that's what the planning department will

elaborate more. >> commissioners another questions awhile supervisor tang is here. >> call up the other planning department. >> the cu part. >> condemn good morning diego sanchez with planning department i'll present planning department recommendation currently, the planning department well, i'll go over the current controls for massage summarized it requires the conditional use for mass acknowledge but there are exemption for use massage and chair massage and employing state certified therapists didn't - police code violations and the planning code didn't currently considers a mass

acknowledge establishment employing the certified therapist and medical use this generally didn't require the conditional use in any district the ordinance as drafted we've changed the controls the planning code will 0 eliminate from the conditional use authorization requirement from massage establishment and employing the cam tech certified therapist and pro bono the massage use in one year of the location if that is closed due to health code violations and lastly 9 planning code will not have a medical use for massage uses planning department supports the ordinance as drafted for the following arraigns it run states the land use and has negative effects when is it disproportionately located in

neighborhoods and it supports the massage establishment by roache the state certification and local certification this reduce the confusion around the land use regulations and the planning department supports the ordinance because the one year approximate puts operators on notice about the use for regulatory codes and the interpretation code is a regular period of time planning department supports the cu requirement for the following reasons the cu respiratory as mention is a common requirement for retail uses including restaurants and certain automatic uses and k through 12 public schools or other schools those uses are not vilified but roles for the social fabric with the cu process allows as a

concentration the public nature including the public operators to shine the have you seen for a to shine and a filter for less scrupulous filters and lastly the conditions of approval that a accompany all permits and those for the planning code enforcement efforts we understand there are proposed amendments to the ordinance and the ones that concern the planning department and the planning codes are the sole practitioner dimensions as well as the amnesty program the massage from the conditional use authorization the city lose it ability to the planning process to weigh in an neighborhood issues this is one of the reasons that the land use were

returned to local jurisdiction this exemption creates an initiative for one practice as a sole practitioner because of the racked land use process that is unclear from a land use prospective that a sole practitioner has a lessor land use than a regular establishment ate the lack of conditions of approval complicate the planning department issues and the planning department does recognize but use of the legitimate establishment and lucrative planning process we've been open to an amnesty practice those process that is skeleton and will be accommodated we'll like to legalize all the medical establishment as they were in the 2009 controls and the

existing land use controls for medical uses used to govern the process and if you're in a location that requires a conditional use you'll be required to have that and we'll allow the businesses to continue to operate that can take months we'll not shut you down the participation in this amnesty program should require lease the handful of efforts a licensed prior to january 1st and one should have a valid certification or practitioner permit prior to the date potentially january 1st of 2015 one should be operating in the state in question prior to the date potentially january 30th, 2011 and no police department or planning code enforcements violations of time of your

permit approval and once you've started the dph permitting process we believe that the amnesty program should have a sunset we propose up to 18 months and an outreach to talk about the amnesty program and conducted with the massage industry applicant that concludes my presentation. hopefully it was a valuable plan of summary. >> when you say closed when a business is closed is that closed for violation mitigations or short closer or it means you've been shut down. >> shut down with respect to the one year what's drafted in the ordinance that will be shut down because the planning code violations and other violations. >> commissioner ortiz-cartagena. >> so to clarify so i got a

list of permits so the out call services are parking garages that make out calls. >> that's what i believe. >> and required to get a cu. >> we don't regulate that under the planning code. >> okay. so in theory okay. okay. >> so commissioner l. riley. >> so is it out pour of discussion (inaudible) more expensive than the petitioner they're basically doing the same thing. >> that's a public health what are you referencing. >> i'm looking at the permit at the it is 1 hundred and 46 for

the practitioner. >> those are not combfrnd by the planning code. >> did this include the hotel spaces. >> there are accessory uses in a large hotel that's one of the exemptions i mentioned the planning code has 3 exemptions and that's one mentioned. >> commissioner ortiz-cartagena. >> so in essence i'm just trying so bear with me so if say i'm a warehouse owner and build several studios for out call practitioners to come and practice their trade when they come to the location it's not specific. >> but will they go through a cu process. >> how you're using that space as a massage establishment you'll be required to do a cu and the controls that are

proposed from what i understand. >> so from whatever you can use it for your r i don't know. >> so basically the cu process is one the caveats to the practitioners. >> from the planning department's prospective it is one of the tools to control neighborhood concentration so we eye it for restaurants or night time establishment. >> you're not simply outs massage establishment it's a tool for control of concentration. >> okay. >> have you defined those concentration perimeters yet. >> we haven't defined those yet it would be recommended if through the amnesty program or - >> okay. >> do we have any other questions from the commissioners. >> you didn't answer my

question for fee difference. >> perhaps. >> an out call business is not a solo practitioner establishment is it is a location designated by the client rather than the practitioner but it would not be one person an out call that employees multiple you'd be a business without a fixed location with more than one employee. >> okay. >> great. >> okay. >> well sorry. >> i apologize. i wanted to bring up one point i heard a the question we through the legislation process we're not putting on a restriction for example, oh, the sunset or whichever district can only have so many massage establishment

that people thought we changed the zone that's not true. >> okay. so at this point why not ask for. now public comment is limited to 3 minutes so may i just recommend if you're going to make a public comment keep our public comment short and sweet and to the point and address specific issues that's why we're here to be heard about this legislation and how we might voice any concerns and impact perhaps changes to the legislation so and we'll going on you don't feel bad it's the procure >> i'll right the first 3 names

(calling names). >> don't be shy. >> hello, i'm beverly may i the director for the massage council a piece of information i'm in san mateo county that has a couldn't wide ordinance for certification and order a certification for everyone to be certified and no plans to change their fees their fees are currently $420 a year for the health inspection not anything pro bono the counties or city for charging for a health inspection the statutory mandate is protection for the public, however, local

governments has historically regulated the sizeable portion that is combined with the professionals not 2009 that the stating was passed on or about an in 2012 that provided for the exception for continental certain land use if everyone is certified until that date, month massage tlooert underground they worked out of their or clients homes in the back of hair salons or massage places and renting places in businesses those who could for the record the process located in the chinatown or tenderloin less likely to cause

public opposition let's see in the with the change in the law in 2012 it opened the door to the growing progression to come out into the public and open the businesses in more desirable businesses and opened the doors for illicit businesses but in san francisco many of the businesses taking advantage of this does not meet the requirement of the health department tier and most of businesses if not all when they come before the health department there's been uncertified people working driver's license i believe the 2003 ordinance the city passed is working san francisco all sex workers in massage is victims and not arresting or up holding

employees looking at the owners however, the c mc will take action against the holders now we're getting information from the county i'm concerned as are the certified professionals and business owners that the proposals will take that county and city backwards - >> thank you. >> all right. >> thank you very much i'm adam gordon essentially i'm a massage therapy person in the city of san francisco we'reer all for the cohesive structure in san francisco the ccii process to august is not fair nor effective you'll see a number of the businesses with severe violations went through the

process successfully it if seem to work and organized criminals are well funded and small businesses can't it takes a long time to go through it and one has to be rendering at this point other points on the proliferation when you understand what a legitimate massage business is is a wonderful resource in a neighborhood where we practice the neighbors appreciate having a massage therapy place to walk to brment is a huge mr. cranshaw plus so the proliferation only applies when you're talking about criminal mass acknowledge if you have brooths opening up with a low much better than a nail salon or even a hair salon

open up you'll are 12 to towing goes throw in an hour and massage customers are fewer so the cu process both in make sense and it is difficult yes, ma'am for massage they were and the other thing about massage therapy it's a low margin business they're looking for the highest quality and to do that, they have to pay some of the largest percentages even though image 50 or 60 or 55 percent after san francisco taxes on this payroll and on health care expense come to maybe 40 percent back to the massage they were establishments even bigger ones like mine net $50,000 a year and the cost research is that a lot

of the programs is helping human trafficking victims we're talking about translators coming in and inspectors to look for trafficked people to look for victims of skwauz we're all for being incorporated into effective city policy and treated fairly but your fairness didn't match up to the legislation we did commend supervisor tang on meeting and working with us she's listed off a bunch of amendments she's proposing and one if a planning point of view my understanding it will exclude a number of businesses during theexception period. >> q can i ask you one clarifying question. >> sure. >> are you in agreement that

the health inspection is an arbitrarily thing. >> we fully support efforts to stop human trafficking again, it is become such a part of the way that the city that is excuse me. historically thought of massage as including prostitution and human trafficking without considering things like proliferation we which we talk about the inspections to have someone come into do the outreach it is not fair our businesses shoulder the costs. >> i understand thank you. >> amanda. >> hello my name is amanda i'm proud to say i'm a small business owner

in san francisco i operate a solo massage practitioner i've been in practice for 12 years and definitely over qualified to work in the city i get my business open in the in case of time before they started with the legislation if i hadn't gotten my business from an january 31st i wouldn't be able to stand her pagers and similar sound-producing electronic devices are prohibited at this meeting. practice it would cut me out to go through the practice of getting a conditional use authorization i'm a sub letter as most people don't work full time i can't rent the office for the entire time and i'm not authorized to ask for a conditional use authorization permit i have to have a public hearing and shoulder the burden that is not something i'll have

permission to do that many landlords dismiss that out of hand they don't want the negative respondent he conditional use is associated with strip clubs and adult entertainment the list if include acupuncture or parking garages that are not subject to conditional use please take into consideration i paid just to get my business permit in the department of building inspection and planning i paid over 13 hundreds just to get that through alone i'm doing that bans a state is certification i'm looking at the costs and thankfully i'm able to shoulder that burden but not all massage therapist can't we're working on a low budget and if

we pass this it is a third of my earnings in an their year just to follow the city regulations people are in compliance because the buzzing are prohibited to say we have to be in that group lumped u lumps us in with the group of people we don't associate ourselves from i'm all for getting rid of the bad actors and having an overview not for the scoping regulations and can't be in support of so many double dipping recollections including the permit themselves i have a certification that's well repeated in the city wanted me to get another a permit that's double dipping and if make sense thank you very much. >> okay. the next 3 speakers

are (calling names). >> good afternoon thanks for taking our comments i want to appreciate all the work that the commission is doing and commissioner chan's office it's a big topic i'm a massage therapist and an educator i teach massage for challenges i was the supervisor for health and healing education healing for c mp c i trained the massage therapist to work with the needy population people we have had strokes and dealing with cancer oftentimes their clients can't afford to pay large hourly service fees so many of my practitioners will scale they'll do a sliding scale for the clients as a woo to give

back to the community in times of need i want to comment on the explosive taxes and fees for my parking garages to work with our community and also the cu process seems xvrm and way to stop practitioners to offering a good service to the neighbors and families if there's a way to provide overview for the community i'm for it the accessible as an educator that's appropriate but for high standards for building and office use cuts out people that are doing a great service for the neighborhood thank you for your time. >> thank you. >> good afternoon commissioner

i'm department of education take care lee the owner of massage that is a downtown and basically, the basically, the basically, the franchise i employ many of the massage people we have a busy confine it took me close to 5 years to establish my business in san francisco from 2005 to 2010 and most of years were spent you know struggling with the planning code and the zoning requirement or the zoning controls and the conditional use permits around the establishments i probably went through a dozen locates where the conditional use or started the whole zoning process you know trying to make sure that location will work only to have it fall through it was around you know when the

california massage they were couldn't that san francisco started it recognize massage therapist like differences and cannabis dispensary practitioners sow we were considered medical use that pretty much removed the conditional use permitting and that is what we need to find a location if not for that i would probably be still looking for a location after 3 years in business i see a tremendous demand for therapy we turned away a lot of people because of where we are in the convention center the changes that are being promote the planning code from first hand experience that expansion e change will shut me out if i want to stay in the location it is not because i don't want

to be regulated it is because i can't go to the conditional use process again, i hope about that makes it to the board of supervisors we find a way to recognize massage therapy for the health care it is and not unfairly burdened with that the industry is not unfairly burdened with a high entry thank you. >> thank you. >> hi i own susie a left hand practitioner by the city of san francisco i have 6 people working for me all of which are both licensed