REPORT TO COUNCIL
SUBJECT
Title
Introduce an Ordinance Amending Chapter 9.41 (Massage Establishments and Massage Therapists) and Title 19 (Zoning) of the Sunnyvale Municipal Code; Adopt a Resolution Amending Related Fees, Rates and Charges; and Find CEQA Exemption per Guideline 15061(b)(3)
Report
BACKGROUND
The City of Sunnyvale has a long history of regulating massage establishments and massage therapists under Sunnyvale Municipal Code (SMC) Chapter 9.41. SMC Chapter 9.41 was last amended in FY 2010/11 (RTC 10-021, Ordinance No. 2913-10) to comply with Senate Bill 731, the Massage Therapy Act (SB 731), which established uniform State and local regulation of massage businesses and massage professionals and imposed limitations on the power of cities and counties to regulate massage professionals. A private, non-profit organization, now known as the California Massage Therapy Council (CAMTC), was established to certify massage professionals on a Statewide level, conduct background checks, and investigate schools offering massage degrees.
The regulatory plan envisioned by SB 731 was not entirely successful; in response, the Legislature passed Assembly Bill 1147, Massage Therapy (AB 1147), effective January 1, 2015, to restore local governmental authority to regulate massage establishments and business through ordinances that govern zoning, business licensing, and reasonable health and safety requirements. In summary, AB 1147 (Attachment 3) institutes the following key changes:
1. It reconstitutes the CAMTC's board, adding public members as well as a position for a police chief.
2. It raises professional standards for massage professionals, and clarifies that CAMTC certified massage professionals can practice in any jurisdiction without being required to meet additional background check requirements or obtain any further training and education.
3. It provides protection for consumers to help ensure their privacy, safety, and protection, including ...
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