issues with this legislation the conditional use process assisted not unique to the massage industry but something used by the planning department to address issues and allow for neighborhood input more transparency or businesses coming into who neighborhood in all neighborhoods so i again, i hear all the comments the concerns that have been shared some are inadequate and some accurate and i've done my best over the course of months to put in your suggestions both this legislation however, i'm sure you're aware of there's a much larger issue and michael will give you the city departments to have properly enforced the illegal businesses in the sunset i've been working with a business that as a chiropractor and act

punitive damage i thought shooe she has clients and not see that happen i've spoken with a constituent in district 4 that was above a anyone else parlor and one door to his apartment and one to the business and seen people ringing his doorbell and women picked up at midnight and and people are surprised to see him and there are issues again those peers have come out to testimony it this didn't apply to you and also there were comments about technology and in the internet solute that's been a tool that our city has been using for example in the sunset district we have 8 establishment

that have received c pmc 6 are listed on web maps.org you'll look out reviews other than anyone else that's a at some point how we're actually using some of the technology and the internet to better track where the thinking legitimate businesses in summary i'm happy happy to work with supervisor wiener and again my goal to revert back to our city has been doing since 2006 for the conditional use permit requirements for massage establishment and lastly i would say that in terms of the fee those businesses that receive a fee communication were paying half the fees incriminate to the organization not an arm they've set up a permit no - everything

was relied on in our jurisdiction so, yes, the fees are increasing you getting the exemption have it much better on the roughly hundred that were established and permitted through dpw and lastly after i see 7:30 one was passed many, many jurisdictions dozens of them paved moratoriums on anyone else establishment we're in san francisco not having that approach but one we think is much more fair not only for the massage industry we cough issued for moratoriums to figure out the things but we've decided not to go that route we want to be understanding of the legitimate businesses with that said, colleagues thank you for your time and trying to said this

issue and prior to this hearing i have one technical amendment we'll care of but it is non-substantive on pipeline 2 lines 14 through 17 insuring the words for the purposes of the planning code the massage establishment shall are a practitioner establishment in terms of the health code something our city attorney found they've left out and so city attorney if you could confirm for the record john gibner, deputy city attorney yes without having to refer it it to planning. >> thank you very much thank you, colleagues. >> supervisor wiener. >> thank you very much madam chair and thank evidently

on both sides one of the issues the worse issue that both sides are right and bodies make really good points we know there say we have a real tangible legitimate problem in terms of the human trafficking associated those are not true establishment but criminal entrepreneurs that are mass ratting as massage establishment be that as it may a that's how their registering and setting themselves up and abusing the system it is a very, very real problem that is having impacts on people who are just being absolutely victimized it is deplorable the bay area is one the epic systems in this country is a real strain on the regional at the same time, we have many legitimate businesses

that are not highly capitalized bmw's first and foremost and wanted to make sure we are not unduly burdening them we'll get into the challenges with the conditional use process and the confuse process is one of the processes that makes all the certain in the world in terms of how it is defined but we know that in practices it is not always playing out the way we want it to. >> we have a few questions for the department one is one of the public increments mentioned in a situation where co-located practitioner therapists they'll have to pay $2,000 in permit fees and being inspected 14 times i want to get a sense of

what is required in that kind of situation. >> hi sunday from the san francisco department of public health. >> each solo practitioner would require to get a license that establishment licensee think is 5 heed and $99 donation to that the building will need to kit a referral from the planning department to be exempt if the cu process and be inspected by the fire department and the department of building inspection with the same location they'll use the same referrals and referral fees but those inspections are necessary for the department to insure the safety of the building before the workers and the employees are. >> i inspect that true of any business that open ups a

question i forget the name of the project the special expedited conditional use process that exists for businesses we've had restaurant for example, in upper market that utilized the process and spend the processed what are the perimeters of that program in terms of where it lies. >> well, right now the c, b, and diego might be able to answer some of that this detail is it is an internal process citywide. >> what kinds of businesses. >> businesses that go through the conditional use for the small businesses i can recall who the cb 3 was you know

approved where massage establishment were one not able to go through restaurants that have a full liquor license and bar not able to access the consolidation of space going beyond the one size limit and medical cannabis i think are the four criteria. >> not being able to go through. >> not being able to go through. >> i had a routine i know that serves hard liquor went through the expedited process. >> well, i know that beer and within and alcohol there are was discussion if they serve hard alcohol but not have a bar inside the liquor establishment. >> so in terms of the rational for not allowing massage

establishment so utilize the expedited process can i hear that examination. >> sure diego sanchez with the planning staff the businesses allowed to participate or not be less controversial the one that produce lows public out country and concern that's why the medical cannabis dispensary or the restaurants that serve hard alcohol as not being ones to participate in the expedited process in the external process. >> it's a policy. >> it's a policy. >> okay. and then so i would i'd be curious to know supervisor tang's view on this it seems to me when you have himself uh-huh - i mean frankly we should be airing on the side of inclusion on the conditional use it is to be able to get out to the neighborhood see what you

think and ultimate have a hearing and decision at the planning commission with apple open transparent process and then quell important to have that permitted issue with conditions here's the things you have to do and if you don't we'll yank our permit and the c is a powerful tool so in terms of expediting the process you know you chouch everyone for public nose or participation and the planning commission hearing and the ability to revoke or modify it i'm trying to see if there is a way i'm going to support this legislation subject is to the trailing legislation we are going to work on but you know, i think that is points that are being raised about the conditional use process are legitimate they're absolutely

legitimate and starbuck's or safeway has to go so there a 9 or 12 months conditional use but they have the resources to absorb it but when especially the way this legislation is drafted there are a lot of small businesses that have to go through the process why not give them that expedited review. >> when this internal policy was opened up their caution on the universe of businesses allowed to participate again, it was a concern about trying to minimize the number of businesses that historically have created a lot of community concern such medical cannabis restaurants that serve hard

alcohol those formula retail and when the business goes into the expedited use how does that work different than the conditional use process i know they get to a hearing more quickly but how is it reviewed. >> the items on consent on the consent calendar typically items on the consent calendar more routine matters before the commission and assumed those are approved much more rapidlyly and they streamline the case reports as well normal cu requires a much more in-debt analysis or proliferation for other conditions depending on the conditions proposed and a neighborhood notice or hearing at the planning commission no one what have a pulled off any member of the public can pull it off. >> that's correct. >> so there be a situation you

have allow it to go into the excelled conditional use process and if an up to arrow in the community when you're talking about for example you have 3 massage theeftsd in a business together in noah valley and running an office suit not going to be supervisor controversial but more problem establishment much more controversial and why not allow the process to go into the expedited conditional use process and seemed like it is causing condemnation it can be shifted to a longer process a more than happy to look at that. >> i'd like a formal response to the department it seems to me there should be flexibility we're going to start you off in a certain way and if there is a implosion in the community

because it is there are issues around it then we're going to slow down and make that a more traditional process. >> more than happy to look at that. >> if the department will responder formally. >> sure. >> then this came up a few times in public comment there are probably a handful of neighbors commercial districts where this shift from one use category service on the health to massage establishment means that it will now be band in the cd. >> 7 out of 40. >> they'll be grandfathered in. >> seem they can temp of the proposed ordinance. >> right but they'll not it they're able to illegal

legitimize. >> right that's we're assuming the community the supervisors that have those district that are not allowed done a community process and they disaster to the scope are the breath of the uses they want to see in their community. >> except for a number of years the planning code classified them as health come a health their lauded. >> u allowed. >> that's the state ordinance in 2008, required that the local jurisdictions not consider massage establishment any different than a professional medical professional service like a chiropractor. >> so that's helpful but basically before the city of stepped up to the plate in and planned everything locally those are 7 neighborhood commercial districts band the monthly

strashtd and the state said you can't treat them differently we've compiled and this takes us back to the local control before. >> that's correct. >> do you have a list of medical cannabis dispensaries. >> i'll get that to you. >> okay. thank you. >> okay. the nc that do not allow the massage is mc w out the sacramento and union and west portal. >> what's an nc one. >> it is i believe the name of a small cluster of commercial district perhaps the least intense of the mc t. >> which is one. >> similar it incorporates the new form based code with respect

to the residential density. >> is there a map that shows you that. >> i can get that. >> provide that to me or the whole committee and dale. >> that will be interesting to see thank you for sitting on the hot seat for awhile again, thank you to the departments those were helpful so we'll be from the planning department we'll get a response around the potential of including anyone else establishment in the expedited conditional use with the possibility of shifting them to the longer than cu if it smeeldz it is controversial in the neighborhood or other circumstances showing there is a problem and then we'll duplicate the file for both items one and two to send the items forward to

the full board and keep a duplicate copy of the file in committee continue to the call of chair and we will be considering trailing legislation to deal with the issue of when an existing massage establishment needs to move and was they'll have to get a confuse for the new locations diesel the issue of massage authenticities are accessory acupuncture itself and chiropractor and whether or not this reflects the status of legislation currently allows you he up to 4 massage therapists again before the co-located anyone else therapists you don't need a cu but if you're coworker with a chiropractor you need a

cu those are the two issues we'll be with the departments and commissioner tang's office on the possible amendments and so i would- 34 that's how i intend to proceed and one amendment i'd like to put out there change the title from anyone else establishment to and this is section 102 service come a health don't worry about massage to make clear we're not somehow saying this is not somehow health related field and that amendment will be throughout the code and so i understand from the city attorney we can make that today not a substantive change to anything but in terms of the concern we're somehow nouns you're a health relayed no.

your not so i want to put that out to the city attorney. >> john gibner, deputy city attorney. >> yes. make that amendment not requiring a continuance but it would require changes throughout the planning code the term of establishment appears in dozens probably more than hundred places in different sections of cold case code i'll recommend if the committee is amenable to it changing the definition in section one 02 anyone else establishment or service heartache massage means the following so we have basically two alternative independence and anywhere in the code the term to mean the same thing that's will have the same effect not establish perhaps

what you're trying to accomplish but going forward to the planning code change. >> okay. thank you. >> madam chair i'm defer to the colleagues for further comments. >> first, i want to thank supervisor tang for the two items and acknowledging the with work work that dein an did and the hearty thank you to the stakeholders it is informative and also cut close to home i particular want to thank the folks would own their businesses and work or working in the industry coming out and sharing with us their experiences and more or less their fears about what a cu about do to their business and acknowledge that i've heard clearly that there is a distinction of language

between anyone else parlor and others i want to recognize i believe this is the first time that seethe of the industry has been organized or organizing themselves around an issue i want to prelude u applaud you one of the things i've heard in public comment you would like to change the distinction or make the definition dishing our business from massage parlors this is a matter of keating the general public comment i've heard compelling argument from both sides and can appreciate the trail legislation that supervisor wiener is proposing i think this is something we need to do to clean up up the legislation i said the 81 intent of what commissioner chan opposed to do but not offer

becoming or onerous for businesses there are larger establishment that shoulder the financial burden but i think more than massage that off the top of my head from a public prospective to pay those additional fees so i am sensitive to making sure the cu is not a barrier of industry into the industry and also not a barrier that would prohibit a business from expanding i want to echo we've heard it and received it i'll be working with supervisor wiener on the trailing legislation partnering with the planning department to figure out how we can begin to relax that i do believe we have a serious problem with expectation of women and girls in san francisco many of you recognize that and

it is unfortunate oh, oh it's okay. no problem we're franl and this occurs in the massage establishment and the parking garages have that o with the new regulars it our job to strike a balance we want to protect our interests as well protect and defend the woman that have been trafficked in the city we policymakers want to make sure we about balance our interests to eradicate the victimization of women i've heard that consistent and you know you guys are familiar with the expression one bad apple ruins the bunch this is seems like what is happening ♪

industry i'm committed to make sure we don't bet the bad actors ruin the good work and quite frankly saving lives and monique people and relaxing tension is stressful here in san francisco whoever wants to massage commissioner chan i'm pay for it this woman deserves a little bit of relief in tension so, please we say to take care of each other and let's see supervisor wiener millennial >> commissioner chan. >> thank you, colleagues four thoughtful comments and again, the cu process is something we're grappling with and recently called a hearing to do a deep dive into the restaurant industry it involves many, many departments and try to take that

process and apply it cross the board i've been interested in many, many years it is all that work we're going to be doing on the implementations does it making sure that you know whoever is going to receive and go whether the clients end or the planning department and the various departments so in terms of the expedited permitting process your office is not in particular involved in the conversation with the planning department when we decided when distresses will go through it but as i said we are going to make sure that we are everyone is on the on the same page i agree to work with supervisor wiener on the trailing amendment i'd like to suggest to this committee if we could forward on this legislation and if

supervisor wiener has separately legislation to consider that separately. >> is that a motion. >> i think supervisor wiener made a motion. >> i believe that's a motion to forward this to the full board and so what i want to do is first of all, to request we duplicate items one and two or the files and that we continue to duplicate files for number one and two to the call of the chair and with respect to the various amendments we'll work on those in a collaborative way and give it by a, to the planning commission and back to committee here. >> okay so to the folks at home i'll translate what happened then i see the pufldz looks at we've disappointed the files half the file legislation will if it

comes out of committee will move forward and the other half will go back to the planning commission is that what you said - >> so for the members of the public what doing because amendments i want to work on we can't do today for various reasons has to go back to the planning commission to comment on them we'll duplicate the foil wore to keep that version of the file in committee so we can make the amendment going forward and then go back to the planning commission and go to the whole process rather than introducing now process the original version supervisor tang will forward that to the full board with two tracks of legislation. >> that motion was made by supervisor wiener. >> the duplication i'm requesting we did you want it is

automatic. >> no motion any supervisor can duplicate. >> commissioner chan but before we do this should we address the amendments. >> the motion by supervisor tang has been accepted and accepted unanimous by this committee that motion pauses i request to did you want the items one and two and to the call of the chair. >> to talk about others maximums we'll do separate legislation and the duplicate file in committee any amendments we'll do a substitute legislation for the files in committee and refer that to say planning commission contaminate so this is in the precluding to the ca