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Permit Denials: While the current ordinance mandates that the Police Chief deny an application if any of the enumerated circumstances exists, the proposed ordinance provides the Police Chief discretion in making a decision when the applicant has had a massage permit suspended. (6.24.110(C)(1).) A Police Chief, for example, may wish to grant a permit when an applicant's permit from another jurisdiction was suspended for reasons other than for significant health or criminal concerns. The proposed ordinance also provides the Police Chief discretion in making a decision when the applicant has operated a massage establishment or a massage therapist in a manner which would be grounds for denial, suspension, or revocation of a permit under this Chapter. (6.24.110(C)(2).) For example, the proposed ordinance provides the Police Chief discretion to deny (or issue) a permit in a circumstance when an applicant who operated a massage establishment in a jurisdiction that did not issue massage permits had engaged in conduct that would be prohibited under Pleasanton's ordinance. Prohibited Conduct: Alcohol: Although massage establishments traditionally do not serve alcohol, it has become popular for some spas to provide various amenities, including wine, to their clients. The ordinance proposed provides that if a massage establishment serves alcohol, it must have a license from the State of California Department of Alcoholic Beverage Control and no alcoholic beverages may be sold, served, kept or consumed in any room where massage is provided. (6.24.190(8).) Unlawful Touching: The proposed ordinance expands the types of instances that are considered prohibited conduct. For example, in addition to prohibiting permittees and massage establishment employees from exposing themselves or touching a client's sexual or genital parts, the proposed ordinance also prohibits permittees from allowing clients to touch, expose or view the sexual or genital part of any person before, during, or after a massage. (6.24.190(C)(3).) The proposed ordinance also clarifies that the term "touching" includes contact skin-to-skin or through a drape, cloth or other material. (6.24.190(C).) Breast Massage: The current ordinance prohibits the massage of a woman's breasts. The proposed ordinance deletes this prohibition in recognition that breast massage has health and therapeutic benefits, for example by providing relief to women who suffer from various conditions, such as mastitis. (6.24.190(C).) While not part of the ordinance proposed, massage technicians and establishments may independently require clients to sign waivers when clients are minors or when they request certain types of massage, such as breast massages. Page 6 of 8