REPORT TO PLANNING COMMISSION
SUBJECT
Title
Action on Amendments to the City Code Chapters 18.34, 18.36, 18.42, 18.56, 18.70, and 18.104 regarding Massage Establishments
Report
BACKGROUND
Prior to 2009, the jurisdiction of massage-related businesses fell under the purview of local municipalities. Local jurisdictions often enacted restrictions on the location and/or operation of massage-related businesses to address the industry's susceptibility to criminal activity including human trafficking, paid sexual services, robberies and sexual assaults.
The passage of Senate Bill 731 in 2008 created the California Massage Therapy Council (CAMTC) and from 2009-2015, CAMTC was the governing non-profit board in the State of California authorized to evaluate the qualifications of massage therapists or practitioners and issue certification and local jurisdictions were limited in their ability to regulate massage establishments.
Assembly Bill 1147, also known as the "Massage Therapy Act," went into effect on January 1, 2015 and re-established the authority of local jurisdictions to impose land use, business licensing, and health and safety regulations on massage establishments including local permit requirements. CAMTC retained the responsibility of regulating the testing and certification process for individuals to provide massage therapy services.
Chapter 5.40 of "The Code of the City of Santa Clara, California" ("SCCC") sets forth the regulatory requirements for massage establishments operating within the City of Santa Clara, and Chapter 18.104 sets forth the land use requirements for massage establishments in the City. On September 22, 2015 the City Council approved Ordinance No. 1945 amending Chapter 5.40 and adding Chapter 18.104 ("Massage Establishments") to the City Code to be compliant with AB 1147.
Chapter 18.104 required only those massage establishments meeting certain locational restrictions to obtain a use permit from the City in order to operate. Exi...
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