er 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 permit will get language information the anti trafficking poster that is regulated under state law and will be clearly be required to be posted in those

establishment as supervisor tang mentioned prioritizing those average workers is the initiative best practices and again, i want to thank supervisor tang that working hard with the sex workers and amended the legislation to create more safety so people wouldn't have to complai delay their permits pub thank you for that. >> thank you very much. >> through the chair before i call up the various departments i want to say we didn't do this alone many, many departments and i want to thank the department on the status of women and, of course dpw they're trying to do everything they can especially the jurisdiction over massage established i want to thank our

planning department, smacking and san francisco police department that is working in concert with us i neglected to mention this legislation actually went before the various commission including u excluding the heartache commission they made recommendations really to make sure that we address the legitimate therapist and business owners and acknowledge the benefits of massage therapy so we amend that to include the language and before the planning commission made certain recommendations we've incorporated into our legislation and before small business commission we said there maybe disagreement that is absolutely fine but we went through those various commissioners i want to thank dr. murase and invocation i'm going to call up our department of public health

cindy that worked pretty much evidence with this legislation. >> okay. good afternoon supervisors could i get the 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