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AB 1 147 Assembly Bill-Bill Analysis Page 30 of 35 business providing professional services, will allow governments to prevent the proliferation of establishments operating under the auspices of massage therapy from engaging in prostitution, human trafficking and other illegal activities, and will advance police efforts to close down these illicit establishments. AB 1147 Page 40 The City of Pasadena is in support but does ask for some clarification of language regarding the use of the term, "professional services," as defined. They are concerned that the cities may want to adopt permitting schemes that apply to just massage establishments but that they would not necessarily apply to other professional businesses. The American Massage Therapy Association, California Chapter (AMTA-CA) is in support of this measure. They specifically support setting a higher bar to become certified by requiring 500 hours of education from approved schools, passage of a national exam and strengthening the unprofessional conduct rules as required by this bill. AMTA-CA indicates that while they have serious concerns with giving regulatory authority of all massage establishment back to the cities, they are optimistic the protections for massage therapists in the bill will be sufficient to ensure there is incentive for massage therapists to meet the higher standards to become certified and be protected from onerous adult entertainment type ordinance applied in prior years. AMTA-CA notes that additional amendments are required to clarify that sole providers of massage are not charged additional establishment fees since the majority of AMTA-CA members are sole provider businesses. As stated by AMTA-CA, "The exorbitant fees charged by cities limits small businesses, drives them underground, forces them to work for large chains or spas (and] limit access to independent specialists. Cities have charged fees as high as $18,000 for conditional use permits, required many establishment inspections and charged fees for each visit, charged annual fees of $800 or more. These fees prohibit massage therapists from practicing their profession independently." AMTA-CA would like have the sections of the relating to sole providers strengthened in order to ensure that certified massage therapists are protected from exorbitant fees used by cities to in essence stop their practice and limit consumer access. 8.Support if Amended. The Sacramento County Board of Supervisors (SCBS) has expressed a "Support if Amended" position on this measure. The SCBS are concerned about the removal of language which stated as follows: "An owner or operator of a massage business or establishment who is certified pursuant to this chapter (Act] shall be responsible for the conduct of all employees or independent contractors working on the premises of the business." The SCBS indicates that they see no reason or rationale for weakening the existing law and that without this language the bill is significantly undercut because the new standard, . .if an owner AB 1147 Page 41 or operator of the establishment knew or should have known of the act," will make it nearly impossible for local governments to hold owners and operators accountable for illicit behavior occurring on http://www.leginfo.ca.gov/pub/13-14/bi 1 I/asm/ab_1101-1 150/ab_I I 47_c fa_20140620_I 1 1 1 15_sen_comm.html 7/3/2014