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therefore, remains necessary to ensure that those practicing massage in Pleasanton possess the minimum qualifications necessary to operate such businesses and perform such services offered, and to ensure that those offering massage services conduct their work in a lawful and professional manner. Because SB 731 provides for voluntary, statewide certification and prohibits mandatory local permitting of certificate holders, cities, like Pleasanton, will lose some local control over massage regulation in their communities. Staff is concerned because the new state law relating to certificate holders, at least in the short term, may not be adequately enforced; there may be inadequate efforts and finances to investigate and resolve problems relating to massage providers and massage schools, and inadequate efforts and finances to manage the denial, suspension, and revocation processes. In addition, because some of the conduct which is grounds for denial, suspension or revocation under the Municipal Code is not included in the new state law, staff is concerned that some illicit activity may not be prevented. SB 731 does, however, prohibit criminal acts such as prostitution, so there will be some ways that the CAMTC will be able to curb illicit activity. The new state law also has less stringent educational credentials for some certificate holders because massage practitioners who have only had 250 hours of massage education may currently be certified. This provision is valid until 2015; thereafter applicants will need 500 hours of education. Because Pleasanton requires a minimum of 500 hours, staff is concerned that some certified massage practitioners may not possess adequate education to correctly and safety perform massage. Although staff is troubled by the loss of local control, the City will work closely with the CAMTC and local massage community to implement SB 731 and continue to promote massage and support legitimate massage businesses throughout the city. Public Contact Current City of Pleasanton massage permit holders were provided notice of the proposed revisions via post card. The proposed ordinance was available on the City's website and in hard copy at the City Clerk's Office and City Attorney's Office. Submitted by: Fiscal Review: Approve by: t Ytml (ow Michael J. Fraser Michael H. Roush David P. Culver Nelson Fialho Chief of Police City Attorney Finance Director City Manager Attachment: 1. Proposed Ordinance Page 3 of 3