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17
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2019
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090319
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17
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8/28/2019 4:02:17 PM
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8/28/2019 4:02:12 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
9/3/2019
DESTRUCT DATE
15Y
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BACKGROUND <br /> Statewide Regulation <br /> In 1976, the State of California adopted a law (Government Code Chapter 6, Massage, <br /> §§51030-51034) that allowed cities and counties to enact laws to regulate massage <br /> businesses through licensing. The issuance of a local license to engage in a massage <br /> business could be conditioned on the business meeting reasonable standards relating <br /> to the massage personnel's education, experience, and passage of a competency exam <br /> as well as the business's operations. <br /> In 2008, the State Legislature adopted the Massage Therapy Act (Senate Bill 731) to <br /> establish voluntary statewide certification for massage practitioners and therapists. The <br /> Massage Therapy Act created what is known now as the California Massage Therapy <br /> Council (CAMTC), a private, nonprofit public benefit corporation. Although CAMTC is <br /> not a branch of the California State government, it is required to create and implement <br /> voluntary statewide certification for massage therapy practitioners, approve massage <br /> schools and ensure that certified massage therapy practitioners adhere to education <br /> and practice standards and do not engage in unprofessional conduct and illicit activities. <br /> CAMTC has statutory authority to deny, suspend or revoke massage certification for <br /> massage practitioners. CAMTC has an enforcement unit that investigates the conduct of <br /> CAMTC certificate applicants and holders. It also works with municipalities and law <br /> enforcement, like the Pleasanton Police Department and City Attorney's Office, to curtail <br /> unlawful and unprofessional conduct of CAMTC certified massage therapists. <br /> When the Massage Therapy Act was enacted in 2008, it preempted most local land use <br /> and operational regulations relating to massage therapists certified by CAMTC and <br /> massage establishments that exclusively employed certified massage therapists. In <br /> 2012, the Massage Therapy Act was amended to further limit local government <br /> authority to regulate massage. <br /> After the Massage Therapy Act went into effect, California experienced dramatic growth <br /> in the number of massage businesses as well as increased complaints regarding <br /> massage businesses and crimes involving massage businesses. In response, <br /> municipalities urged statewide legislative reform. In 2014, the State Legislature <br /> amended the Massage Therapy Act to permit local authorities to adopt reasonable <br /> health and safety and business license requirements for massage establishments and <br /> practitioners. Additionally, municipalities could once again exercise broad authority to <br /> regulate massage facilities as a land use, including through conditional use permits. <br /> The Massage Therapy Act now allows local governments to regulate massage <br /> businesses in the best interests of their individual communities. The Massage Therapy <br /> Act also directs local governments to give strong consideration to establishing massage <br /> business registration programs that grant local governments the ability, for specific law <br /> violations, to suspend or revoke the registration of a massage business. <br /> The Massage Therapy Act is set to remain in effect until January 2021 , unless <br /> extended. <br /> Page 2 of 6 <br />
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