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12
City of Pleasanton
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CITY CLERK
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2008
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020508
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12
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1/30/2008 2:12:30 PM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
2/5/2008
DESTRUCT DATE
15 Y
DOCUMENT NO
12
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BACKGROUND <br />The City has regulated massage establishments and massage therapists for many <br />years. In general, the Pleasanton Municipal Code provides that anyone who <br />administers massage for compensation must hold a permit from the Police Department <br />in addition to satisfying other requirements, such as zoning compliance and payment of <br />business license taxes. Because the ordinance has not been revised for over ten years, <br />and due to changes in the practice of massage, the City Attorney's Office, Police <br />Department, Code Enforcement, Business License, and Planning have been working <br />with the massage community to update the Massage Ordinance to address various <br />concerns and circumstances that have arisen. <br />Although the ordinance proposed amends Pleasanton Municipal Code Chapter 6.24 in <br />its entirety, the ordinance's purpose and intent and many of its basic requirements <br />remain unchanged. A red-lined version of the proposed ordinance showing deletions, <br />insertions and amendments is not being provided because it would be confusing and <br />cluttered. Unless otherwise noted, all statutory references are to the Pleasanton <br />Municipal Code (PMC). <br />Notices of this meeting and proposed amendments were mailed to massage <br />establishment and massage technician permittees and other interested persons at least <br />ten days prior to this hearing. <br />DISCUSSION <br />This report reviews the proposed ordinance's principal substantive revisions to the <br />current PMC chapter regulating massage. <br />Definition of Massage and Acupressure: Many healing arts and other methods of <br />applications of touch, pressure, and movement fall under the current ordinance's <br />definition of massage. The ordinance proposed amends the definition of "massage" to <br />delete the term "treatment" because massage therapists may not treat (or diagnose or <br />prescribe) medical conditions. The ordinance proposed also amends the definition by <br />adding the term "acupressure" because this healing art fits the definition of "massage", <br />but it is not expressly included in the definition, and acupressure is not regulated by the <br />State. This amendment will clarify that individuals administering acupressure to the <br />public must hold a permit from the City. (6.24.020(D), definition of "massage".) <br />Offsite Massages: Offsite massages are massages given by persons who hold <br />massage establishment or massage technician permits but give massages at locations <br />that do not have massage establishment permits. For example, a business may wish to <br />have a massage technician provide massage to its employees once a week. If the <br />massage technician has an offsite permit, the individual would be permitted to provide <br />massages to the employees at the business. Offsite massages, however, would not be <br />allowed at a permittee's residence. The proposed ordinance provides for offsite <br />massages by including a definition of "offsite massage" (6.24.020(H), requiring an offsite <br />massage permit (6.24.030(C)), providing an application process (6.24.080), and by <br />Page 2 of 8 <br />
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