22 - Laserfiche WebLink

AB 1147 Assembly Bill-Bill Analysis Page 7 of 35 AB 1147 Page 9 ordinance restricting the opening of a new massage establishment in a location in which a massage establishment has been closed due to criminal activity. (BPC § 4613) 39)Provides that the Act shall be subject to review by the Legislature and the appropriate policy committees and that the Act shall remain in effect only until January 1, 2015, and as of that date is repealed, unless a later enacted statute is enacted before January 1, 2015, and deletes or extends that date. (BPC § 4620) Existing law, Section 460 of the Business and Professions Code: 1) Provides that no city or county shall prohibit a person or group of persons authorized, by one of the agencies in the DCA by a license, certificate, or other such means to engage in a particular business, from engaging in that business, occupation, or profession or any portion thereof. 2) Provides that no city, county, or city and county shall prohibit a healing arts professional licensed with the state under the licensing Division for the Healing Arts within the Business and Professions Code, from engaging in any act or performing any procedure that falls within the professionally recognized scope of practice of that licensee. 3) Provides that prohibition under Item # 2 above for cities and counties shall not be construed to prohibit the enforcement of a local ordinance effective prior to January 1, 2010, related to any act or procedure that falls within the professionally recognized scope of practice of a healing arts professional. 4) Provides the prohibition under Item # 2 above shall not be construed to prevent a city, county, or city and county from adopting or enforcing any local ordinance governing zoning, business licensing, or reasonable health and safety requirements for establishments or businesses of a healing arts professional licensed with the state under the licensing Division for the Healing Arts within the Business and Professions Code. Existing law, the Corporations Code: Defines "professional services" as any type of professional services that may be lawfully rendered only pursuant to a license, certification, or registration authorized by the Business and Professions Code, the Chiropractic Act, or the AB 1147 Page 10 Osteopathic Act. (Corporations Code § 13401) Existing law, the Government Code: 1)Authorizes a legislative body [of a city or county] to pass ordinances not in conflict with the Constitution and laws of the State or the United States. (Government Code (GC) § 37100) 2)Provides that the legislative body of a city for incorporated areas or county for unincorporated areas may enact an ordinance which provides for the licensing for regulation of the business of massage when carried on within the city or county. (GC § 51030) 3)Specifies that the ordinance may condition the issuance of a license http:/Avww.leginfo.ca.gov/pub/13-14/bi lUasm/ab_1101-1150/ab_1147_c fa_20140620_I I I 115_sen_comm.htm 1 7R/2014