. >> good afternoon ladies and gentlemen, this is the meeting will come to order this is the regular meeting of the stauld

i'm mr. rosen the chair of the committee to my right is supervisor wiener and transportation authority will be sitting in on behalf of supervisor jane kim our clerk is andrea ashbury and would like to recognize gym smith and jessie larson that be providing the sfgov on channel 26 madam clerk, any announcements? electronic devices. completed speaker cards and documents to be included should be submitted to the clerk. items acted upon today will appear on the may 12, 2012 board of supervisors agenda unless otherwise stated thank you very much madam clerk item would be accident health care to rise the massage establishments associated fees and item 2 aimd the administrative code of the

massage establishment. >> supervisor tang is the author supervisor tang any racks. >> thank you, everyone who come out r came out for items 15e and by the way, of background today's legislation is the amended to the planning code and heartache code without the details we've submitted substitute legislation last tuesday all the amendments are part of the public record in terms of the changes i wanted to share with the committee just a brief overview of why we're doing this and why we're here today in 2003 and prior to that actually, the jurisdiction over enforcements and regulations of massage establishment was under the san francisco police department in 2003 the jurisdiction over that transferred 0 our san francisco

department of public health there were concerns we were criminalizing the industry so it allows us to have a much more how shall i say in 2006 san francisco stabbed a permitting process through the department of public health and we had our former supervisor fiona through the board of supervisors required a conditional review for all massage establishment in 2006 and 2009 there other was state law that passed sb 731 that created the california massage council for short that's c a mp c with the certification of massage practitioners there are also new limits on the authority of cities to impact or enforce the certified individuals and establishment

employing only c a mp c certified folks when it was created you know it was residency really for a good rebate you you know there are not all cities in california have a prilt process like san francisco especially for those jurisdictions that don't it created a stated decided process throughout the state of california, however, one hardship more san francisco we had our own system in place so we had believe r essential a dual system so we had some people establishments that of certified through c a mp c and we also had another certified there the dpw and through the process many were left out of either system there's establishments and businesses that are not certificate through the organization so 2013 some legislation was passed by the city to actually

give our city departments tools to work with and in 2014 our govern stained i signed into law after the hearings of the citizens they've found the state realized it is important to return the land use and regulatory controls for massage establishment that's why we're here today so in 2015 that's why i have proposed academies to codify some of the changes through ab 1147 in support more short for the health care provisions i'll go over highlights the city health code the permit for establishment employing all c a mp c athletes if you're employing them you'll

be required to get a business permit the reason as i mentioned there are many businesses not in either system we need to be able to capture all of that, and, secondly two the exempt from the certificates we're thirdly requiring multi lingual education and the changes are actually based on input into the sex workers and stockholders for example, the permits and certificates are not required to be dated pub, however made to be available upon investigation by the an inspector under state law and with removing the provision where the potential for denial of permit only if you're convicted with concern crimes

not charged with them and changing the requirement to have the hours of education and attire and trafficking and education in terms of the planning code we're removing the conditional use authorization for establishment employing all c a mp c therapists i've heard from businesses this is a very burdensome costly process i'll say this is a requirement that was in place since 2006 as we will hear from our former supervisor district 4 fiona this was in place and roughly hundred establishment that have gone through this process not to mention another types of businesses not only maximum has to go through the cu process, and, secondly, after hearing conferees we're adding on exception for sole practitioners

even those up to 4 that share spaces as long as they have independent processes are exempt and per the suggestion for the shoulders we're bagging the opening of the massage establishment where it was 14u9d for 3 year period and lastly we are adding legitimatization program for establishment that didn't receive proper permits so that's in a in a nut shell so my staff has worked hard on that legislation with many, many stakeholders i'm going to ask her to come up to 9- so everyone can understand how flexible wire trying to be we're not trying to

shut down existing businesses we want to make sure that everyone is on - sfgovtv if we can put up the projector arrest avenue we're heard from the massage stakeholders there are massage establishment that didn't get correct land use authorization either they were confused because of the dual process if the state or thought they were automatically qualified or didn't get their authorization and our intent from the beginning was not to shut down currently operating establishment so codified in the

section we state the intent to have an establishment where the massage establishment operating any seek the prilths while their seeking the permit will be in operation the legitimatization process we the non conforming or permitted use as long as they meet the following requirements it was operating in january of 2015 and that data has been into play with our cus it got a license prior to john january 9th and get valid proprieties prior to january 19th and no open police department e.r. planning staff or other cases and the massage establishment applies for a

permitted within 90 days of the effective date this is the application not powerful only apply for the dpw permit in conformity with the health care changes as well as the daylights we'll make sure the rules will be posted with the program the department of housing is doing the outreach and even posting notice clearly explaining the myriad and underlying zoning district and that zone massage different so we will honor that and let the massage establishment the underlying matt haney the determination of applicability starts with the dpw gets the application for the permit refer it to the planning

department the department will be in charge of making sure the requirements are met we've also nuts and bolts noted that if they intend to intense if i they'll have to follow the process of the cu authorized business in terms of expanding and placed an 18 month sunset open the program so we'll have a reasonable timeframe to get everyone under the same standard so that's itself description of the legitimatization program as mentioned we've worked very, very hard to make sure we've encompassed all establishment and make sure they continue to operate as we deregulate and create our standards for the massage establishment that's one of the highest priorities and in

developing our legislation so. >> thank you very much. >> people have questions i'll conclude by saying that not only is the conditional use permitting temporary restraining orders process is a tool that we have been using in the city for many, many industries not only massage there is a concern that in some of the massage establishment unfortunately, there has been some illegal activity happening many have asked the changes human and labor and sex trafficking we're trying to give the city departments the tools to go into the establishment and really see if there are problems that exist as i mentioned there are quite a few of the establishment not part of any system and we will need through the process to be able to capture those locations

i'll cite according to the california attorney general we're one the top dissension states for trafficking go human beings from 2010 to 2012 california 9 resemble turn off all electronic devices. identified one thousand plus victims and initiate over 2 thousand 5 heed investigations and arrested almost 2 thousand individuals and many were from the united states it is a real issue and realize this a larger one than san francisco that tables we need to find ways to address this not only protectively but other department action we'll have a speaker from dpw and let you

know we're trying to figure out a better outreach and sensitive ways to reach out to victims in some of the massage establishment so with that then i'll be happy to answer any questions i see some names on the roster supervisor wiener. >> thank you to the chair and madam chair and thank you supervisor tang for bringing this forward this is one felt very challenging piece of legislation because on one hand we have the industry with many, many very liability operators that provide a very valuable service and are employing people and playing by the rules and doing absolutely nothing one thing on the other hand we have establishments that are doing anything but playing by the rules that are

abusing people where you have just really horrible examples of human being trafficking and basically in some extreme incidents sex slaves a terrible situation so it is changing to strike the balance you have legitimate establishments and i have those highly abusive establishment and i know that is important for people in the industry who i know raised real concerns of over regulations and sweeping in the good acres with the bad actors and situations on the books this is not on a blind slate it is important to make sure we have good land use controls in place to have the tools we need to deal with those very abusive acres it is

important to do what we can for legitimate businesses to start and thrive and to be sure to grow and we're is not city government tiger's the industries because of bad actors first of all, thank you supervisor tang and her office for listening and stacking feedback i know that supervisor tang's office had a number of meetings and supervisor tang also think outside the box receptive to making the amendments to stand the exemption from the conditional review not only for sole prargdz but others co-loeks e locating we know that massage therapist share a room in a common office i appreciate that exemption it helps a lot of people

i do have a few issues i want to raise some of those will if they happen need to be trailing legislation yoptd to trigger a rereferral to the planning commission and supervisor tang is aware but i want to raise those and maybe questions for staff one is when i have a legitimate existing massage therapy business that needs to move let's say down the block for more space or all too often happening their rents gets doubled is he e they have to find different real estate and this is moving is there a way to and they don't have violations a clean record is it not forcing them to go through the conditional use process because they're a business that is

changing locations and another issue the industry has raised the issue of because they're being shifted from the category of service, heath e health to services establishment they're being removed if the health care fields there's a sign in the beginning the legislation that makes it clear that massage has many benefits ensue the probably of changing the name instead of massage establishment service, health massage or something like that or acknowledging we're not trying to city government missed the whole industry and then finally there's an issue i believe this is not related to supervisor tang legislation but was instituted by legislation from then supervisor carmen chu that has

to do with massage therapists co-related with the acupuncture i think under the legislation proposed by supervisor tang as i nodded up to 4 solo practitioner therapists can correlate await goes through the cu but if they located with a single which they shouldn't they have to go through a conditional review it creates an odd phenomenally but carmen chu supported the legislation but there were abuses an act tush or chiropractor the acupuncture it is gone but a way to extend the up to 4 solo massage therapists

60 locating to locate with an chiropractor or acupuncture it without going through the conditional use authorization we see those co-locations with the professionals they'll refer to each other and work in the same space not working for each i think this may need to be trail legislation but those with are the issues i wanted to raise today and have it out there as part of the the conversation and i look forward to the dialog today. >> great. thank you very much before we go any further and on to public comment first, i want to call up the doctor emily murase to make a brief remark and also call of the up the representative from the department of public health to

speak. >> emily and good afternoon. supervisor cohen and supervisor tang and supervisor wiener i'm the director for the status of women the policy director has been staffing the mayor's office systematically in march of 2013 and since the beginning the task force has had an explicit committee to look at prostitution and human trafficking in some of the san francisco's massage parlors we've engaged with the amendments i peppering participate in the night life inspection the inspection of human trafficking under ed with the department of public health and partnership with the inspectors from the police department under the leadership of tony and building inspectors

inspire building inspector one without a license and other as doub for housing for employees the women i saw were mostly not english speakers and very scared supervisor tang's legislation insured those can't be fronts for forced prostitution and human trafficking we're proud to work with her and to draft a proposal for the victims for obvious reasons can't be here i urge you to eradicate human trafficking in san francisco you'll hear more if one of our commissioners to talk about what the commission has done i'm going to turn it over to women's policy director to present additional information on this topic. >> so to add with dr. murase

has said that is difficult to get the information our circumstances with the department of public health has estimated 50 percent illicit activity and many shows signs of human trafficking an episode i do aired on nbc showed the live footage when they occupied one of the inspections it was very clear there were maybe a half of dozen women and they have their identification or passport didn't have access they've claimed they're keeping them for safekeeping it was difficult so pa last year's that runs the center for human trafficking has

a national initiative they've found what we call commercial front brothels that are the top places for sex trafficking and excited to hear about the work in san francisco especially this ordinance it is important to do what we can at a local level to address human trafficking the ordinances have addressing the human trafficking in the establishment in important ways a person convicted of human trafficking will be 3r67bd from working in massage establishment and not be able to work in those places we're exciting that the ordinance is trying to get the education to people that might be trafficking in those established everyone applying for a