what open issues do you see at this point? what are you still working on? >> we have largely tried to shape the amnesty program. for the large part what we have shared with you today already shared at land use committee in terms of the conditions. in terms of the conditional use requirement i have her the from the businesses if there is owner ship that is also cmtc certified there may be some exemption for the process for them. unfortunately we are not able to pursue that because there are also establishments out there that have exactly that structure and have violated the laws. it's not as easy as saying the legitimate ones we'll apply the standards to you and the

illegitimate ones we'll apply different standards for you. >> did you talk about that or in general agreement? >> yes. we've explored. i can't tell you how many different permutations of this legislation already. >> okay. now build into legislation is the notion of a 3-year review, is that correct? >> that's correct. so this is not, i know we got some calls where people were concerned that this meant you are on a probation period for 3 years, that's not the case. if you were granted a permit from the planning department you are subject to after 3 years they look at check to make sure there are no violations in place and make sure you are up and up and it's not that you are on probation for 3 years. >> is there a contemplation that in 3 years after the passage of this legislation there will be an evaluation as to whether this is really

solving the problem. because a possible outcome is it's not solving the problem and let's put more regulations in place or this is not working or maybe at that time there has been developments at the state level about making a division to exception or -- something like that to come back and look at the legislation. >> if i'm still around, i will be happy to reevaluate. >> maybe this is a way to help that. okay. >> so, commissioners, a couple things. so supervisor tang had, if we go with the department -- the health code legislation, she's proposed two amendments, correct, two amendments which are the requirement for the

education be 500 hours so eliminating the 250 requirement and making the set standard of 500 hours and also to revoke a permit for 3 years from being able to reopen. those are two things that will be amended in the health code regulation and apart from that, other than than not having a specific designation for establishments to meet division 2, i think then pretty much there will not be any other changes to the health code recollection, correct? or will there be amnesty in regard to the grandfathered code. >> amnesty is in the planning code. the last one i mentioned the last time we were here. >> it might be good for the

record if you can present those. >> substitute for legislation in the finding section we are going to acknowledge the usefulness validity of massages of profession as suggested by the community and ensure the health and sanitation are realistic practice and not burdensome and to provide reacceptables for towels and make sure that we have not list of offenses. only if you are convicted, not just currently charged with but convicted of crimes. we are planning to add the definition of the sole practitioner to clarify. currently in the health code it says a sole practitioner establishment, but it doesn't say what a sole practitioner position is

and we are going to remove the tier general and advanced practitioner license and just one that will require 500 hours of training and remove the temporary permits excepts those from out of state. if you have an out of state temporary practitioner permit you have a 60-day maximum which is in the code. we would remove the provision allowing for trainee permits. in terms of the massage practitioner certifications they no longer have to be posted in a public area, however they must be made available from a request from a health inspector as per state law and extend the length of time the health director has provided evidence against practitioner or establishment when requested from 2 business to 5 calendar days. we are requiring a notification to the police department of all denied

permit application. also the health director may hold hearings for cmdtc for restrictions for hearings and permits for over 60 years old and who do not employ others from employing the license fee. we are saying no, you will need to go through proper process. as pointed out again by members of the massage therapy community. in terms of the planning code, again, we are making the amendments to the amnesty program as outlined earlier, we plan to exempt the sole practitioners and establishment owners of conditional use process up to four using the space and extending the time when establishment has to be shutdown due to any violations as mentioned

currently it's a 1 year requirement but require 3 years before the new establishment can open. those are in a nutshell the amendments that will be contained in the substitute legislation. >> thank you very much for that review. >> so, commissioners upon that file you can either take official action tonight. supervisor tang did say that the likelihood is that these two items will go before land use committee in early may. we have a commission meeting on the 27th if you want to reserve making a final recommendation upon reviewing the revised legislation once it's substituted, but it would be helpful to at least put some statement on the record for me to at least be able to provide something for

the supervisor and to the other supervisors in terms of what you support in terms of the direction of the amendments being proposed. >> okay. >> commissioner dooley? >> i think that we can kind of separate these two out. the 2 pieces. i feel that the health code part seems like you've done a lot of work and it seems like it might work but personally i have grave reservations about the planning code. the part specifically that will require massage establishments to get a cu. as a small business owner myself, i know that is incredibly torturous and difficult and if there is no violations, i just cannot recommend that that now

be part of the cu process. >> i would say we make a motion to deal with the health one first. >> i think you mentioned about no violations to allow to go forward with a cu. we don't have the violations on record. >> i want to make another note is that you can also provide while it may not necessarily be specifically related to the specifics in the legislation, but and it can be something that is a separate document for each of the legislations, but some direction that you would like to provide the city. so in relationship to while we have the amnesty program but a direction

to the dbi or the planning department that the city is going to have businesses coming through the office and help them prepare for that and ensure that process and we can invite the department of building inspection and ask are they going to be requiring blueprints for these very small entities. i shouldn't say small, but some of the places are not that big or their tenant improvements. a lot of the tenant improvement don't involve major construction. what are going to be the requirements to help these business through but you can provide some direction to the department about some expectation you would like to see to help the businesses through this process. >> i mean it's a universal truth that conditional use is a burden of both time, money and effort on any

small business regardless of the profession. i think as commissioners here we would never advocate for increasing the burdens on small business to open and operate. that being said, the conditional use process exist for a reason and there are good reasons for it. and i think there is, you know, this is not great consolation for any specific group, but there is general acknowledgment here in city hall that the conditional use process needs to be looked at very carefully and stream lined and made lesson -- onerous for everybody. the planning department doesn't like it either. they all have to recover their cost and more time and effort on their parts. i think we are

always balancing what is in the public good and what is good government with what is kind of in our best interest as business owners. i don't want it to be miss construed that the commission is endorsing something to the disfavor of small business but that we are sometimes just making good policy decisions that are a balance of what we want as small business owners or on behalf of our constituents of small business owners and what represents good govens. -- governance. we are always here to try to make better law and compliance of the laws. there have been modifications that are amenable to and in fact been recommended by the constituent group here and that you've made every effort to incorporate those

suggestions. i think there is still a window of opportunity that maybe some finer points that the supervisors and the department of public health should know about, do it now. little things. it sounds almost trivial, you don't have the waste basket for towels and then it's someone crying that it shouldn't be there. go through it with a fine comb. >> i want to keep them separate from item no. 3 and item no. 4. in the public comment i heard it was more about the planning issues and not so much the health issues. i think that they did get those right and they did listen and increasing it to 500 hours. i would second commissioner dooley's recommendation on item 3 that

we support the supervisor on item no. 3 separate from item no. 4 with the health code amendments that they are putting forward. since we are going to have to vote on two any way let's tackle one before we tackle the other. >> so, commissioners, so the motion before you is to recommended to the board of supervisors approval for the health code legislation with the proposed amendments. >> okay. and it's been second. >> seconded. so that was supervisor dooley first and seconded by commissioner -- dooley and all

right. i will do a roll call. commissioner adams, aye, commissioner dooley, aye, commissioner dwight, aye, commissioner ortiz cartagena, yes, riley, yes, sarkissian, yes, white, yes. that passes 7-0. okay. so item 4 concerns the planning code provisions. i think that as we have already noted that we commend the efforts to adjust the planning code as it refers to this sole practitioner and the ability for four up to four sole practitioners to share a space and that is what the supervisor is recommending but we won't know whether it's finally approved from the planning commission

until they do so. i'm supportive of that. the question, the crux of this is the conditional use for certified legitimate practitioners. we have had a lot of discussion about that and there is a lot more discussion outside of this room with that and it sounds as though it's intractable at this time that there is not going to be accommodation. we can object that here just go on the record to saying that we wish it would change, but again we are a recommending body. we don't do anything other than make a recommendation. if we want to make a recommendation we can go ahead and do that. is there a commissioner that wants to propose a motion? >> and again, sort of with kind of an over arching and some

specifics, i think it would be helpful to be on record to support supervisor tang because there was discussion at the planning department for the sole practitioner establishment to have it be just one but to support supervisor tang on the conditional use exemption for the sole practitioner with four and then also to support what the planning department did put made a direction to staff as to find an expedited means to define and final a space for conditional use process. >> right and to explore the elements of amnesty program. correct? >> and again there is one more meeting if you want to take final action after you see the amended legislation or you can go ahead and take action

tonight. >> okay. >> i would like to see it again. >> you would like to see it again? >> yes. when it's finalized. >> okay. do we want to have a motion to at least see the progress? >> yes. absolutely. i would make that, i would definitely like to make a motion i do support the progress and i really appreciate supervisor tang making it up to four. i think that's really important. i do agree with commissioner dooley. it's like another burdensome. it's something else that has to get conditional use. i think this whole city is going to get conditional use if we don't stop it somewhere. i would definitely put forth a motion to hear this again but support what supervisor tang has done up to now

especially with the common scenarios. >> all right. do we have a second for that motion? >> i second the motion. >> okay. all right. so commissioners, i will do roll call. all right. commissioner adams? yes, commissioner dooley, no commissioner dwight? yes, commissioner ortiz cartagena? no. commissioner riley? yes. commissioner sarkissian? yes, commissioner white? yes. so we have 5 in favor aye and two nos. so that recommendation to the direction of the legislation is going in passes but then the

commission is going to review the final draft at the april 27th meeting. >> correct. with that, i think that concludes items no. 3 and 4. >> yes, thank you all for committing the time you did and efforts before this meeting we received a number of very thorough letters detailing this issue and i appreciate that from the community and also appreciate the engagement of the supervisors office and the department of public health and so, it goes on from here. so thank you all. >> commissioners we will move on to item no. 5 which is the directors report. so in your, i do not have a written report for you tonight. in your

packet though i do want you to know that, in your packet, i don't have a copy of it myself but there is a calendar of events for small business week. hang on just a moment. maybe item no. 5 or 6. so very excited. >> i didn't get it either. >> saturday, the city's sidewalk sale is memorial weekend?

>> we are doing it both weekends. some on the 18 and some on the 23rd. >> monday night the 18, flavors of san francisco our kickoff event from 5:30 to 8:30. this is a large networking event for small businesses and to meet with our small business week sponsors and the city departments and other non-profits that provide resources and assistance to small businesses. >> tuesday is the small business annual awards to honor honorees and that's from 3-4:00. that does involve the commission. so we have the president open, the vice-president close and we

have a reception for the honorees right before. that's the tuesday. then tuesday evening we have three, i think events going on. yes, three events going on. the mega made contact with golden gate businesses association and the castro merchants at the lgbt center and this year for the first time the api how to succeed as an american business owner. commissioner riley has been working with tong from the sba working together for this event. and we have a latinos

entrepreneurs business in adjourn. journey -- we have three events which is exciting. that's tuesday evening. wednesday evening is business awards with bank of america. this is a small private reception event. then thursday is a small business champion mixer. so this is a mixer with the council district merchants and sf economic development organization doing a mixer together. very pleased that this year st environment has come on as a sponsor and will be sponsoring this event as well. then friday different this year than the previous years but we are hosting the conference at city college the chinatown campus. we found that the event small business week is

most successful when we are able to host a conference with multiple multiple workshops. we weren't able to do that last year. it did okay but not extremely well. we had difficulty finding space to host the conference where we can have ten workshops happening at four different times throughout the day for each of those sessions and so in the past we had used city sf state downtown campus. they closed one of they are floors. so city college campus was able to accommodate us on a friday. this will be a change for us to do it on a friday but i think very important. i will send you out the finalized list of conferences and we have some very exciting new things for the conference this year. we are also kind of targeting

to have our conference to have a little bit more direction towards existing businesses and not just start up businesses. so that's exciting. then after that we will have a small business conference happy hour in the lobby and ending the week again with sidewalk sales. so, that is the big thing for the office. i do want to announce that carol chung that has officially started her position as the business counselor prince george's -- prince -- project manager. she is now working in the office, her first day was march 30th. so, i will have her come to the next commission meeting during her

work hours to introduce herself. carol does speak both cantonese and mandarin. she worked at city college at the dental school. next, i think i was not able to really get the information that i wanted to get to you to really start preparing for the legacy business program so we will engage with that. i will be sending out a series of items that i do need to have you read ahead of the next meeting and so be looking for that from me later in the week. and then i do want to let you know that we are engaging to enhance our sales force so that we are one automating some surveys to start having better

engagement and improved engagement with the individuals that we have serviced and counseled special those that it's been a while so we can check in and see how they are doing, are they growing their business or did they actually get their business open so we can sort of understand what some of the needs are and remind people that we are there to assist them. i think with that i will just leave unless you have other questions. >> what about commission secretary? >> that will be finalized hopefully soon within the next week or two. there is a couple steps with dhr that we are waiting to get some confirmation back on. >> perfect. thank you. >> i know i'm in a hurry. so i have nothing to report. >> so that concludes my report. we can move on to item no. 6. president's report. >> i have nothing to report. >> item no. 7, vice-president's

report. i have a long list, kidding. nothing to report. >> item no. 8. commissioners report? >> i have one item. i did attend the -- >> next. >> payroll tax to -- gross receipts tax seminar. the feedback with cpa's. it was very good. the outreach that the city treasurer's office has done, his name, greg cato has done especially with the cpa's that were in attendance. there is about 30 of them. i just want to give a shout out to greg and jose cisneros on that outreach.

there were people complaining and it wasn't perfect, but greg was able to answer all the questions and i was very impressed with the outcome of that. that's it. >> any other commissioner reports? okay. that's it on that one. new business? any new business. >> item no. 9. no new business. that leaves us to item no. 10. adjournment. >> i motion to adjourn. >> second. >> all in favor say, "aye". >> aye. >> any opposed? we are adjourned. [ meeting is adjourned ]