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tv   [untitled]    May 26, 2015 5:00am-5:31am PDT

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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
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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
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, 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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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 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
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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
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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
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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
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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 dooley? >> yes. >> commissioner tour-sarkissian. >> yes. >> commissioner white? >> yes. >> all right that motion passes 4 to zero and we
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have a quorum and thank you commissioners. >> lastly, if i could put it out there -- you know, we're certainly willing and enthusiastic to help your community understand the amnesty provision and you know i think that given that the office of small business is here to help people work through the process, we'll spend sometime to kind of unravel this and try to make sense of it for your community and we'll work hopefully with you all with your assistance so that brian here can help with any analysis that's necessary. >> okay. sorry? a question? >> it's generally no but it is to your prerogative i mean note -- >> can i get in trouble?
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can i lose my presidency? >> technically it is out of order. >> okay. >> unless you do it specifically -- invite somebody up. >> can i specifically invite somebody up? i can. okay i'd like to specifically invite you to come up and say what you have to say real quickly. >> thank you. are we allowed to volunteer to help you do the amnesty program and explain it to our people? >> yeah, sure. >> okay we'll have volunteers to help you. >> okay. thank you. >> okay. i think that concludes these two items. thank you all very much for coming out tonight. very much appreciate it. and to be continued. all right. let's move onto the next item. >> all right. item number
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7. discussion and possible action to make recommendations to the board of supervisors on bos file number 150462 the public works code waiver of street space fee for small business week sidewalk sales. >> commissioners, so this is the annual sidewalk sale fee waiver that we support. >> yep. >> so just as a matter of pro forma putting it before the commission and i've highlighted for you we're doing it over 2 we 2 weekends -- mother's day weekend and may 23rd which is memorial day weekend so different districts had desires to do it in different weekends and some districts are doing it both weekends and i did get the supervisor of that district's support