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City of Pleasanton
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2014
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8/25/2015 4:32:05 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
7/15/2014
DESTRUCT DATE
15Y
DOCUMENT NO
22
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AB 1147 Assembly Bill-Bill Analysis Page 18 of 35 <br /> had serious unintended consequences, with bad actors masquerading as <br /> legitimate massage professionals who exploited loopholes in current <br /> law to insulate themselves against the ability of local governments <br /> and law enforcement to shut them down. This bill will give that <br /> power back to the cities and counties, which will go a long way <br /> towards eliminating the brothel owners and human traffickers who are <br /> hurting women, hurting neighborhoods, hurting the profession, and <br /> hurting California." <br /> As stated by Assembly Member Gomez "It's time we take back control <br /> AB 1147 <br /> Page 24 <br /> of our neighborhoods with this reform measure. Legitimate massage <br /> therapists have a role in our communities. But the current law has <br /> allowed criminal elements to hide behind the law and disrupt our <br /> communities. The most critical piece of the reform measure is that <br /> the bill will return land use authority to cities and counties. The <br /> broad pre-emption of local land use authority for 'certified-only' <br /> massage professionals has been removed, returning local land use <br /> control back to the cities and counties. Now our communities will <br /> once again have a voice in the process." <br /> As stated by Assemb7v Member Holden "This bill frees cities and law <br /> enforcement to do what they do best: guard the best interests of its <br /> citizens and resident businesses and protect their community from <br /> criminals. This bill allows good massage therapists to be recognized <br /> and bad actors to be put out of business. AB 1147 removes the most <br /> detrimental parts of the law and ensures that control over planning <br /> of our communities is handed back to the people, not business owners <br /> with bad intentions." <br /> The changes to the Massage Therapy Act and it statutes and the <br /> rationale for the major changes to the Act are as follows: <br /> a) Return of local control by cities and counties of massage <br /> establishments and businesses. This bill returns the authority <br /> of land use and zoning controls to the cities by removing the <br /> preemption clause which allowed massage establishments to open <br /> and operate as long as they were utilizing all certified <br /> individuals. This bill will permit cities to regulate <br /> establishments and massage businesses as each jurisdiction deems <br /> appropriate. With the return of land use and zoning controls, <br /> cities will be able to continue or re-establish local ordinances <br /> dealing with health and safety requirements; requires massage <br /> establishments to abide by hours of operation; establish <br /> appropriate business license fees; and determine the appropriate <br /> inspection fees. <br /> b) Practice protection for Massage Therapists. This bill amends <br /> current law to include protection for those certified individuals <br /> who have met the specified requirements of certification to be <br /> able to practice in each jurisdiction without being required to <br /> obtain any additional education, take or pass an additional <br /> examination, or take any medical tests as a condition to practice <br /> in that jurisdiction. This bill seeks to maintain uniform <br /> certification standards for practitioners and therapists. <br /> c) Reconstitute the California Massage Therapy Council (CAMTC) . <br /> AB 1147 <br /> Page 25 <br /> httpl/www.leginfoxagov/pub/13-14/bilWasmilab_1101-1150/ab_l 147_c fa_20140620_1 111 15_sen_comm.htm I 7/3/2014 <br />
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