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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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1/30/2008 1:27:22 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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Insurance: <br />The current ordinance requires a minimum of $500,000 per massage technician up to a <br />maximum of $1,000,000 per massage establishment. The proposed ordinance <br />standardizes the insurance requirement to a minimum of one million dollars for all <br />permittees. (6.24.060(B)(21).) <br />Application Process: <br />The timeframe for an application's review varies, depending upon the application's <br />completeness and complexity and the background check from the Department of <br />Justice (DOJ) and Federal Bureau of Investigation (FBI). The timeframes for <br />background checks by the DOJ and the FBI vary in length. An applicant's fingerprints <br />are sent to the DOJ and FBI the same day they are taken. The DOJ and FBI return <br />some results the same day or within one week of the City submitting an applicant's <br />fingerprints, while other results may take weeks or, in rare cases, months. Reviews by <br />the DOJ and FBI are entirely under the control of those agencies and, although the City <br />may inquire about the status of an application, the City must wait for the DOJ and FBI <br />(and possibly other law enforcements to review an applicant's criminal history) to <br />complete their respective background checks. If an applicant passes the background <br />check, the Police Department generally completes the application process in <br />approximately two weeks. <br />State Le islq ation: Existing state law authorizes cities to enact ordinances providing for <br />the licensing and regulation of the business of massage when carried on within the city. <br />Additional legislation relating to state-wide regulation of the massage profession, <br />including state-wide certification of massage therapists by a nonprofit organization, <br />(e.g., SB 731 (Senator Opereza; Massage Therapy) was introduced last year, yet never <br />made it out of committee. If enacted, the bill would have preempted local public entities <br />from regulating certified massage therapists, but would have still allowed local public <br />entities to regulate non-certified massage therapists. If similar or other state legislation <br />is eventually adopted, the City will amend its ordinance to align with state law. (The <br />group that prepared the proposed ordinance amending the PMC did not want to wait <br />until the state enacted applicable laws due to the uncertainties of if and when the <br />legislation would become effective.) <br />Recognition: As mentioned, the proposed ordinance was the result of a collaboration of <br />many members of the massage community. Consensus was reached on the majority of <br />the proposed ordinance. The group spent many hours reviewing the ordinance, <br />permitting process and other relevant information. Staff wishes to recognize the <br />following individuals for their significant contributions to the proposed ordinance: Peg <br />Malone, Anita McCombs Ramirez, The World School of Massage (Patricia Cramer and <br />Nick Tangney), Dr. Keith Grant, and Marjorie Muentz. <br />Page 7 of 8 <br />
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