sses that would be exempted from having to get a massage establishment permit for having massage as an ak accessory use and removed the manicurist as defined in chapter 3 but i just wanted to bring to your attention -- in the land use committee which was held on on may 4th, both pieces of legislation, the health code and the planning code were heard, and at the time of the meeting, supervisor weiner had decided to file for the planning code to continue on some amendments. he has since decided he's going to reintroduce new legislation for the amendment and i want to highlight what he is thinking about and if you

turn to page 3 of of the document. so -- and i want to make sure that the nuances of this may not necessarily be as verbatim as i say it just because certain things still need to be worked out but the intent of what he plans to change is to deal with the solo practitioners who colocate with chiropractors and acupuncturists and completed and find a means to allow massage establishments and he specifically requested that the department come back to him with a means of how to incorporate the massage establishments

into the cb 3 program making them eligible for that and then to amend the definition of service medical to include massage and how that, you know, ends up being articulated, you know, is being worked on right now. so those are the 4 key things. supervisor weiner is only going to be dealing with the planning code amendments and no changes to the health code and it will be introducing new legislation as opposed to amending the divided file. >> uh-huh. >> the 2 pieces of legislation items number -- you know the health code legislation and the planning code legislation are going before the board of supervisors tomorrow and the amnesty program which you heard at your last commissioner's meeting is in the planning code and that program will be moving forward and voted on tomorrow. i think one of the things that i

didn't really quite understand and appreciate until this weekend after talking to a couple massage practitioners, is around the solo practitioner establishment and that is that there are many massage practitioners who may work in different chiropractors offices or they may work in what supervisor tang has developed in terms of where solo practitioners might work together and then in a chiropractor office and these individuals are going to need to get a permit and that means an application fee and a practitioner permit fee but an annual practitioner permit fee and i think i did include in your -- sort of at the

back end but the annual license for solo practitioner is $599 this year with annual cpi and so for these individuals who may be working part-time in one location and part-time in another, this is a gnaw a nuance and i'm not sure i don't know how well it was understood i think you know, for our office and i bring this up just because for our office we are seeing, we do see -- i would say different kinds of sort of healing arts, businesses being developed and coming forward so i mean i talked about one in your notes in the past about, you know, there is a business in the eks is he also i in the exce

lsior and one of the elements she wants to provide is massage and we have these different hybrids and trying to understand those nuances and really the healing arts , different entities come together to provide sort of a whole, you know, kind of package in sort of the of the way in which they want to do it sort of like restaurants in terms of restaurants have different types of food and individuals in the healing arts come together to sort of provide a unique sort of package in which they deliver their healthcare around this type of delivery of services so that said, i think there maybe, you know, with this commission's purview with the fostering and promoting we can do more proactive work and the legislation as it is with the health code and we'll -- will

likely pass and so there's no opportunity for last minute amendments with that but maybe really putting together, you know, if you think that staff should spend time to put together working with the community to develop and articulate some more of these nuances and see if there might be a possibility for future change. >> okay. well, now that we've watched this unfold for the last 6 to 8 weeks i i would say, first off, i have to applaud the way the massage community has mobilized itself and participated in this process and put forth what i think are substantial and well thought out recommendations some of which have been incorporated in the short-term in the legislation specifically amnesty and treatment of

soul practitioners and you should all pat yourselves on the back for for that it's a partial win of course there's still lots of work to be done but i think the other very important thing and what's essential in in the legislative process is you have found yourself a sponsor in supervisor weiner and a supporter and dare i say a champion at this point and someone who will you know listen to and give you some considered thought and sometimes it's hard to pierce the veil and i think you have and we all feel very comfortable working with supervisor weiner he's a very level headed and thoughtful person and i think you have a good person on your side and he's committed to not only these amendments on the planning side but addressing some some of the things on the dpa side going forward with the legislation and

we've accomplished the best in the short-term and we have got a good foundation going forward and good on you and you know it's gratifying to us up here to have had some of that happen in this forum because sometimes you know we're advisory sometimes it can feel thank less and rather lonely up here and you guys are -- six times the number of people we often have in the gallery and it's actually been very comforting to have you here so thank you. we have public comment first and we'll make some recommendation out of our committee here to kind of keep the thing going and let them let the supervisors know we're still keenly interested in this issue going forward and you have my assurance that we do and we'll remain your allies and try to move to the next step

and thank you very much without further ado if there's public comment on this matter please come up and state your peace. >> we do have speaker cards. >> just to remind you, there's no shame in reading what you have to say because there's a 3-minute limit and we'll gong you and we don't like to do it and the other thing is you are reading your peace into the record it's unlikely that people will see you but they will read what you say so it doesn't matter that you are looking down at your paper while you say it. . let's have it. >> our first speaker -- >> how about if you read off the first 3 speakers and -- >> announcing speaker names. >> hello. i'm i'm at the

national holistic institute and thank you for hearing us out and listening it really means a lot to all of us. it really means a lot to all of us and i -- i'm still new to this industry i'm still learning about it and i -- it's -- i think there is maybe another way -- i don't know. i'm still learning about the permit as well but to me i think maybe there is another way maybe there's not. i understand why it's happening, i do, you know, with the stopping the sex trafficking and

help stop that but i think maybe there is another way. i don't know. but just anyway thank you so much for working so hard. >> thank you. we will be working together on those other ways so thank you next? >> hello everybody. again thank you for considering this. this is a subject that's been going around and around for a long time. i've been a professional massage therapist for over 40 years working in san francisco in the healthcare business cpmc aids patients ortho services

and working for chiropractors and licensed by the city of san francisco and they have been in business for 30 years and everything is going along wonderfully and i've provided myself over sixty thousand healing massage sessions in my career so far. i'm probably one of the few in the bay area that has more than 30 years as an american massage therapy association member so i'm pretty aware of most of the people that are in the business in san francisco and i want to thank them for stepping up just like you thanked them and i want to thank supervisor weiner for taking an interest in this and i think he's he's a could not she he's a good supervisor and i see some things that i that i that i find i wouldn't

say disturbing but alarming and i'll bring this to the attention of supervisor weiner and katie tang as well and i hope that all of these issues are hashed out and that the business -- for example myself you know my profession is respected and my livelihood is respected and as a health serving institution is respected and they are not put under extraordinary pressure for more fees and regulations which will not control which is really the problem which is the criminalization of prostitution got a problem here where a massage therapy is associated with prostitution and it's an ongoing trouble and i don't want to have to suffer my career and the public's access to healing massage suffer because of

that and thank you. >> thank you for coming out. >> yes. mr. hollis? >> good afternoon commission. first of all, i would just like to thank you all for dealing with us for the past couple of months not months as long as we have been here [laughter] definitely appreciate supervisor weiner and his recommendations to help us out with bringing us some kind of right into this bill that we have going on. i have a couple of questions though just to throw out some ideas about some some of the things you mentioned when it comes to something like an out call, so to speak, like if i was working for myself and i can, you know, i guess lease, not lease but rent time out on somebody else's lease building will that make me

obligated to have to go to a cup process? if i'm renting time on somebody's building so to speak? what would be the regulations behind nonprofit massage? would they have to go through the same regulations just as much as a regular corporate business would or something along those lines and a couple of the business advocates here with the -- what's that? the university of san francisco? i believe. their incentive program would be very good to implement such as small businesses starting out and if there's people who are doing something right you know going through the right regulations and things of that nature to help drop the fees on small business owners such as those that don't have the money to take out the loans that will definitely help us out along with those advocates that are not doing so well with the traffic ers and

prostitution and stuff like that that they can keep the fees but help us get through the fees and that would be something good to implement i would think in my own eyes and i think it has been listened to and responded to in some kind of way and i appreciate that. thank you. >> thank you very much. any other comments? >> i feel like i spend with you all than i do my entire family. >> we're part of your family [laughter]. >> i'm going to miss you all so much. thank you so much. i've been through some horrific stuff but my business, , i'm letting go. i think supervisor weiner has great ideas i'm really really thankful for him and i think amnesty is still confusing

and we don't have any goals about starting to get into that and imagine it gets voted on next week and it's a law what happens? what do i tell everybody? i'm going to start getting phone calls and i'll need to work with regina regina about what when and where because people are confused and we're not getting any response from supervisor tang's office and i'm going to read what she wrote. pointing out that quad are you that quad ruple regulation -- if the the space is shared by 4 practitioners could be a problem. weiner asked that a single space may be inspected 16 times. she says it seems that all

4 practitioners should be able to share the same permit or at least share one set of inspections plus fees and a lot of the practitioners are only renting maybe one or 2-days a week when first starting out and possibly in multiple locations and that's an issue with solo practitioners having the same department go to the same space 16 times that's kind of crazy so if you could recommend something for that that would be like amazing other than that thank you very much i'm sure we'll be back hopefully for happy things. a party? i have no idea at this point thank you and we'll keep sending you random e-mails i have 41 seconds left i can keep talking i'm teasing. . >> thank you very much. any other speakers for comment? >> yes. announcing

speaker. >> how do you say it? oh, easier than it looks. all right thank you. >> my name is tony -- i'm the governmental regulation s chair california chapter and i really want to thank you guys you took time to dig into our issue and see showed a very keen grasp of the problem that these ordinances cause for us and advocate on our behalf and thank you very very much and a few things briefly first supervisor weiner suggested that making new massage businesses eligible for the 3 bcp priority processing program in seeking conditional use permits we think it's a good idea. this would draw up a process that could take up to 6 to 12

months to 30-day and see this would be critical to the small businesses that we run and land use regulations where other xat compatible businesses -- so now with the concession that there's going to be a permit process to guard the door these become prejudicial and unnecessary. supervisor tang was great in trying to work this out and the mechanics of it but nobody is going to understand it and even if it becomes law to have workshops for people that have massage businesses will be not only beneficial i think it will be essential and requiring a duplicate background

check. it's actually illegal under the act as amended. it specifically says you can not require a certificate holder to undergo a second background check so those lines should be amendmented to reflect that. >> someone also mentioned the other side of the issue not only one massage therapists getting permits in multiple location but also one location having multiple therapists and the costs that that imposes and finally the ordinance right now charges for an application and annual fee for the first year -- that's my warning. we would like to see the annual fee change to a renewal fee and the renewal fee would come up in the second year and you wouldn't have to pay twice in the first year to establish your business. thank you very much.

>> first off do we have any other public comment? seeing none, public comment is closed. thank you for those very specific and substantive suggestions it's really hard to write legislation so when you come to the table with very specific, well-thought out suggestions like that they often get written into the legislation and you save people a lot of hassle trying to write it themselves and these are the types of issues we'll help you work on and dedicated to applying our resources to it and brian just joined us here not only to help us administer our meetings but more importantly to be to be to be an analyst and one of our commissioners is on a short fuse here we're here to make a recommendation tonight and

if i may cut to the chase there's a couple of items that we might recommend as as a group here and put forth as an official recommendation on behalf of the commission looking forward. the first recommendation is to work with supervisor weiner's office on the proposed amendments to the planning code and also to work with him going forward on any follow along legislation that that might be recommendations whether it might be the planning and or the department of health and where necessary to make, to work with supervisors in specific districts around zoning issues and understand that zoning -- geographically around the city we have to take it up with the supervisors and ultimately the residents and business owners in those micro districts and or micro neighborhoods where they might have already you

know passed certain restrictions so we can certainly take that up with supervisors on a case by case basis and assist you in that way and then finally, working with the massage community to define the potential need to develop a more nuanced established license fee as you mentioned. soul practitioners sharing a space or in the case where a sole practitioner operates in multiple spaces and these issues, there's probably more and your list provides a really excellent framework for moving forward so. >> i would second your -- >> those would be the suggestions if there are any comments, please make them now. >> i would like the president -- to be specific about what we're supporting as to supervisor weiner's proposals should we go

over them and be specific about them or read them into the record? >> well, so he has made proposals to to the current -- to be considered and written into the current legislation. >> yeah he's going to be introducing new legislation and the 4 items i read to you earlier on page 3 those were confirmed by mr. powers his aid this afternoon whether it's him or somebody else i think there will be i think there will need to be something done to define that but in terms of -- >> this is about the planning code. >> this is about the planning code so supervisor weiner has committed to deal with the solo practitioner colocated in the

chiropractor offices -- the multiple licenses if a practitioner is located in multiple does business in multiple locations the permit making any changes to that is under the health code so he won't be dealing with that it's only around the land use zoning applications. and then allowing an amnesty program -- allowing those that have completed the amnesty to move one time and then find a means for massage establishments to go through the cb 3 p and amend the definition and this is only under the planning code of service medical to include something like massage i think that that is a means to try to help deal with the issue where medical services are permitted in

one zoning district but massage establishments are not. in addition to -- so the specifics of how those get written you know is really to the land use attorneys but those are kind of the laymen's terms of the objectives of what he wants to accomplish. >> if i may continue on this issue i propose -- i move that this commission supports supervisor weiner's efforts along these lines as read into the records. >> okay. >> just another point of clarification once it's correct me if it's introduced it will come back before you to be reviewed and heard. >> very well. anyone second the motion? >> commissioner dooley? >> oh, sorry. yes, please. >> i just wanted to say that i think we've made

some progress here. i personally think that there's still things in this legislation that are punitive towards the massage industry and not really understanding or being respectful of what a solid profession this is but i'm hoping that these issues will be addressed ongoing because i personally do think that there are still problems with this legislation that are going to have a negative effect on your industry so i just want to let you know that that is a concern. >> okay. thank you. any other comments before we move on with commission tour-sarkissian's motion? >> so your motion dealt with working with supervisor weiner on his 4

items? >> at least on this issue. >> okay. and then do we want to take that specifically? commissioner dwight had made other suggestions. >> add on to that yeah. i wanted to be a little bit more specific about supervisor weiner's suggestions but we can add on everything that our president said. >> okay so to include that -- to have the commission and staff work with the massage industry in the community to work where needed with supervisor's offices on specific zoning districts and then to continue to work with the massage community to define -- i mean it's not maybe just the solo practitioners but i think the larger issues are around the solo

practitioners but there still needs to be some clarification -- >> clarification when they have multiple locations primary versus -- >> right and then i don't know -- i mean there might be some other elements that i think have been brought up that fall sort of in that broader umbrella of you know things like duplicate background checks and things of that sort that we can take a look at. >> i think that that motion you know expresses our desire to help move this forward even beyond the current legislation. >> all right so we have a motion before us. is there a second? >> second. motion by commissioner tour-sarkissian and seconded by commissioner dooley. shall we do a role call? >> yes. >> commissioner dwight? >> yes. >> commissioner