he presentation? on the screen sfgovtv? okay so i'm cindy work in the environmental health branch with the policies and i'm sure you're aware of the environmental heartache branch has 14 environmental recollections that makes sure that the hotels are held to certain standards of cleanliness we regulate taxicabs to protect the public and regulate food restaurants to protect the public from food born elements and tasked with the anyone else establishment and practitioners in san francisco for health safety and sanction the did you want leads a athletic massage therapy and sees the need for a regulatory environment and one that

protects our cities vulnerable populations so for any presentation i'm going to give a quick overview of the state legislation and the proposed new legislation that supervisor tang reviewed and focus on presenting our current massage regulatory landscape and some of the problems in the assignment and lastly talk about our prospective changes at the hunt to provide the information to our regulatory and massage businesses >> so as supervisor tang mentioned prior to the preexterminate of state legislation the massage establishment were regulated and all had permit and paid fees and recovery fees

2008 at the 7:30 one created a new entities the c mc a private nonprofit public corporation their intent was to have a voluntarily state and it created a loophole in the law and was it did if a massage business applied hundred percent of certified parking garages they were exempt from the permits and regulatory controls so similar the mayor's office the indoors the health department and supervisor tang worked with the legislation to regulate this stale and it was ab 1147 what it did was it ruptured land use control back to local governments and give the local governments the

ability to now regulate and permit massage establishment so the legislation that i'm going to talk about this isn't new legislations it is legislation we had prior to 2009 additionally, we are going to allow outline businesses to continue to operate as they apply with the exemption for a permit and the land use controls only apply to new businesses i want to stress those requirements are not new arrangement or requirement requirements in place we're looking at removing the c m ac exemption i'll talk about later in the presentation in addition that adds enforcement mechanisms to strengthen our legislation so this slide gives us a picture of the current massage businesses in san francisco

we currently have 20036 massage establishment operating in san francisco 90 of those have opened in the past 5 years. >> i'm sorry. >> we know of 200 and 36 hundred and 46 permitted by the department of public health, 90 have the exemption we reprobably have 60 to 90 other establishment operating with no business licenses at all so the cf exempt establishment have no permit from the duplicate and no zoning district controls this is a couple of problems one thirty to 50 percent the businesses are illicit and up for human trafficking it is one of the faster growing crimes in the

world and 43 percent of state human trafficking cases occur in the san francisco the land use controls have an effect 89 of the dpw permitted sites now within one thousand feet of c mc sites 70 percent of the establishment are located in neighborhoods that includes the richmond, the sunset the financial district and civic center and chinatown so next, i want to talk about some of the problems within the establishment i know many are people going to get anyone else's those are pictures we're not used to seeing we counter a variety of the situations when we go into massage establishment this slide

show us the types of situation in our massage establishment often we find that exterior of the massage establishment include window covers, locked doors that have's a negative impact and basically unsanctuary conditions and use of equipment for consumers mid-market we see people living in the massage establishment those are violations and people living in massage establishment are indicators that people are trafficked the health effects of people trafficked are severe so are the impact the businesses in the neighborhood so while the c m t city exemption has indented the land use as a whole the massage industry has been problematic in

san francisco map shown shows all the violations of dpw permitted sites and our biggest issue around enforcement last year the department we found that since the inception of the program we've revoked over 80 are permits and found 60 percent of the establishment reopened and this new legislation will have strickerer enforcement previous map shouted dpw permitted establishment so we don't do routine inspections for the establishment it is difficult to compare the violation history this slide is a snapshot of the site looking at 20148 or 82 violations issued

and 39 high risks violations and other violations related to sanction we've closed 7 of the sites and since they don't have permits the closing businesses have been daunt to the hunt and again, we can't really compare inspections and violations from c m t c exempt sites most of the involvement is complainant driven from the last map and charts as you can see many of the establishment get multiple violations the bar graph on the left shows that and the second paragraph to see the rate of violations per inspection the point of the last map and chart

note to say the establishment are less compliant but those are prevalent in the massage establishment regardless of the professional cervix and it really shows the need for regulatory environment and strickerer enforcement mechanisms like permits and control so this will help us prevent the illegal businesses from opening for more law-abiding businesses during my presentation we talked about human trafficking i want to acknowledge this is a complex systemic social issue this legislation will not solve all the issues by step in the right direction as far as the health department we've been working with the mayors task force with the human trafficking and other

classify efforts in the last year, we have a training program for the health inspectors the investment health branch has access to many businesses and have an unique opportunity to identify victims of human trafficking in this year's budget we have a budget for a health care worker that provides socially education and resources referral services to vulnerable populations within the anyone else industry and also our other regulatory businesses oakland wearing to improve or licensing process we plan to do a comprehensive outreach pending this legislation to insure the vital of the massage industry is

regulated you'll hear under any businesses that have been mislead by the professional organizations characterizing this legislation this legislation will help us regulate other businesses and the mission of the hunt is to promote arithmetic and this legislation serves that directive thank you thank you very much colleagues do you have any questions for dpw. >> seeing none, thank you very much appreciate that i'd like to call up diego sanchez from our planning department. >> supervisor czechoslovakian with the planning department supervisors on march 26 the planning commission heard the proposed amendments by commissioner chan deliberating on the matter the recommendation for approval with the proposed 7 molestations first to require

all new and existing so secure a permit through the duplicate and have a 3 year for establishment in compliance with the approval and third the reestablishment of the massage establishment in the same location due to planning or other health violations in 3 years and four allow the massage establishment to continue while being permitted and this massage establishment with one sole practitioner so for a conditional use authorization requirement and 6 the proposed with the article 2 and 7 add a understanding to have a conditional use authorization for small business commission's public works that concludes my presentation. and i'm here for questions thank you. >> at the diego i think supervisor wiener has a question. >> thank you, madam chair thanks for the prediction a few

questions right at the beginning other than the departments take to in terms of possible i guess trailing legislation for to allow the situations where a massage establishment in good standing with no violations needs to move to a different location not requiring going through the conditional use process i want to get the departments take i know you doesn't have an official determination. >> the oisht proposition in light of the crisis with the rising rent typically wherever a new business locates in a new locations a land use approval so we'll have to evaluate that i will have to explore this i

think we can definitely condominium to look at that. >> that we explore and look at that and second changing the name i guess on and on example section one 02 planning code the objection we used to be classified as quote service come a height and now reclassified a is health recommended profession changing that to service come a health dash massage or something like that if there is an issue with doing that. >> modern happy to look at that. >> from the codes prospective it is cosmetic not an impact but for the progression for it is meaningful and that is, i think

an amendment we can make today not substantive so and then in terms of the of the issue i've raised you have so we now in legislation thank you to supervisor tang for her listening and responding up to 4 massage therapists sole practitioners can relocate without seek a conditional use yet a single practitioner acupuncture it has to get a cu if i'm understanding the legislation correctly. >> there maybe a possibility that choirth brings on the massage practitioner as a sole low practitioner to take advantage of the owners but we can definitely retain this concern and look at it ways how to exempt that type of use from

conditional use authorization given the exit exemption. >> i guess my first question is then is if you have a let's say and acupuncture i thought they relocation in an office together under the current law do they have to get a conditional use authorization. >> that's my understanding. >> it will think potential trailing legislation i want the departments feedback mirrorably up to four locations and finally if you are let's say this came up from a business in my district we've got a lot of feedback from the massage professions but someone that has an existing massage business clean record no problems and

something else buys the business mined they purchase an existing business not an cu. >> it explicit trigger a land use. >> what if technical they're taking over the lease but no sale of the business they're coming in and setting up their shop an existing reputable establishment will they need a conditional use authorization. >> we're concerned with the use not rezoning it with the arrangement so to speak so what you're saying it won't need a exempt. >> with formula retail if you have formula retail so if i have you know a starbuck's or a franchise formula retail and in a particular location you own it i buy it do i need a cu but if you vacant i come in as a

newspaper formula retail in the seem space i'll have to get a new ccii. >> for the formula retail that's a pretty good indication not aware of too many formula retail establishment. >> so not uncommon in san francisco for a restaurant to go into a particular location notes a cu depending on the neighborhood it if you obituary a recuperated and the landlord enters into a lease i started a different restaurant there would you typically have to get a new ccii or that cu carries over. >> it carries over that shut down period more than 3 years. >> that applies here as well. >> okay. >> great that's very, very helpful we look forward to future discussions on the other two. >> thank you for the question

supervisor wiener i'm happy to entertain trailing legislation to the department i want to call up i wanted to bring up virginia from the small business commission. >> good afternoon supervisor cohen and supervisors regina cork for the small business commission and the small business commission first want to extend my and the commissions great appreciation to supervisor tang and deanna and cindy and diego sanchez for attend the small business commission hearing 3 times and also with the great amount of work with the massage community so the condition just to aid the two pieces of legislation the commission did recommend to approve the health care

regulation really understanding the importance and need for the department of publicity so have a practitioner establishment permit it is a good sort blending of the c amt c and have the establishment permit so we have the opportunity to provide the height and safety oversight to all massage establishment and the condition wants to appreciate both the supervisor and the department of public health for taking in the massage community february in increasing the anyone else hours and also strengthening the fact that the massage location can't return and reopen in the same location for 3 years much discussion was had about the need for really

raising and elevating the massage practitioners that were truly in the health care fold as a means to elevate them and have absent sort of state really state definition that this is a means of being able to sort begin to raise the bar and separate out the true health care practitioners if the non-health care partitioned r practitioners when the commission heard the legislation with the understanding that it's recommendation open the non substitute legislation that supervisor tang laid out many of the issues by the health care providers as defined in the california business and code

division two, that includes the chiropractor and acupuncture i thought they're not required to have the massage permit if they have massages and assessorsries to supervisor wiener some of the discussion you're having with sort of support that direction the commission also recommends that the departments planning and department of public health do some realtime tracking in terms of looking at the effects of the legislation and in terms of the its effect in either prevent establishment from opening and it's ability to close the establishment and also will supporting the health care massage practitioners in opening largest amounts of the discussion was around the conditional use i think most of

that decision is a result of because of the conditional use process and the amount of time is takes to get to the quality of life process massage stiernt are not available or eligible for the community-based priority processing that is an expedited processing for small businesses and small formula retail around the conditional use in 2006 when legislation was first changed over to the health department with a conditional use contaminate many landlords allowed the businesses to engage in a lease discussion if charge them the rent awhile they were going to the conditional use process we're in a different economic climate so landlords are rarely do i hear and mostly

landlord you have to go through a conditional use the business is having to pay rent so for the conditions - for our health care massage practitioners those are our middle-class individuals that live in the city so the confuse process as the process apart if the means of needing to support the ideas of neighborhood input that is counter inner tuff for our small and madam mayor's from opening so the commission the first matter of legislation that was introduced didn't include the amnesty program but made suggests to supervisor tang and the commission to develop an amnesty program the commission

hat not taken the final action but in support of the direction that supervisor katie tang has taken that with the amnesty program will address many of the concerns of our existing practitioners being able their be able to stay in business i think with the change i think supervisor wiener with some of the sort of as we look at the planning code some of the things that the commission has dysfunction with at the last meeting if you have a health care practitioner that has to go currently is required to go get an establishment permit and go through the cu what we have in our planning code right now there are certain areas medical services like an acupuncture or chiropractor is classified in

the planning code those services are allowed but massage establishment are not and so how do we address that if a chiropractic office wanted to being sure to have anyone else's and accessory uses will they be able to apply for the massage permit if the among other things is not allowed in the permitting area we need to look at those closely as we move forward in terms of how do we line up really work with the goals of really wanting to really have our massage the health care side of anyone else and the practitioners really be a robust and viable means and viable means to our health care delivery and in the city to sort of look at some of the unique elements with that again really

wanted to express xrergs for supervisor tang for the amount of time she spent with the commission and hearing our concerns and addressing those. >> thank you very much. >> i have a quick question for the colleague one the thing i've heard in from many of the coalition and the constituents is that there was a request for a continuance for more time for outreach and we get that request can you talk about the process in notifying the small businesses about this particular issue. >> in terms of for our office we notified either through the merchants groups i know that massage is part of the membership businesses that have come into our office and those that we have sgasz with through the past there were through

previous reiterations the massage of changes to the massage regulations over the period since 2009 we've also accumulated a list of different entities and organizations and schools and things naichz. >> so you rely on e-mail. >> e-mail phone calls in terms of the outreach again i don't with the small staff doesn't have the ability to do a mailing or you know outreach to all the licenses. >> through the chair to build on that our office sent anti 200 letters to the establishment noted allowed to send out more than that through the circulation so we actually have

200 and 50 on the books we've sent out physical letters to the businesses to let them know our goals the legislation some of the outlines and to contact our office with concerns since then we've received phone calls from many establishment many of whom are not here we answered many of the questions they were fully permitted. >> thank you. >> okay. thank you and with that, i'm i'd like to call up the last speaker from our san francisco police department although jurisdictions of the among the sfpd has been a huge partner on this effort. >> sew supervisor tang and board of supervisors i want to thank you and our r

your office for taking on this venture especially the folks we've worked with our nonprofit groups when this was brought to my attention four years ago i respect how to the are first inspection i misunderstood what it was for those individuals coming from a victim metrological background the special victim unit denies and human trafficking mirrored each other during those inspections what the individuals and department heads that were though how we come into contact with those cases through our human trafficking hotline and complaints from the community and also from the victims themselves after we've conduct the inspections with the individuals priority with services and later on feeling they're