Staff Report
PREPARED BY : ROBERT SCHULTZ
Town Attorney
Reviewed by: Town Man ager Assistant Town Manager Finance
MEETING DATE: 10 /18 /201 6
ITEM NO : 5
COUNCIL AGENDA REPORT
DATE: OCTOBER 12, 2016
TO: MAYOR AND TOWN COUNCIL
FROM: ROBERT SCHULTZ , TOWN ATTORNEY
SUBJECT: ADOPT AN ORDINANCE O F THE TOWN COUNCIL O F THE TOWN OF
LOS GATOS AMENDING TOWN CODE CHAPTER 14 ARTICLE X I. -
MASSAGE THERAPY ESTA BLISHMENTS AND MASSA GE THERAPY
PRACTIONERS
RECOMMENDATION :
Staff recommends that Town Council accept public comment and then move to continue the first
reading of the Ordinance to November 1 , 2016 .
INTROD UCTION :
The Town Attorney's Office is in the process of drafting an ordinance to amend portions of
Town Municipal Code Chapter 14, Article XI entitled Massage Therapy Establishments and
Massage Therapy Practioners .
Additional time is needed to ensure the amendments are in compliance with the passage of recent
State law. Therefore, this item should be continued until a date certain so that no further legal
notices are required to be posted.
BACKGROUND:
In 2008, the State signed into law the Massage Ther apy Law (SB 731), creating a statewide
system for issuing massage worker permits and shifted government regulation from local
governments to the California Massage Therapy Council (CAMTC ). The Massage Therapy law
preempted most local land use, zoning and o perational regulations relating to massage therapists
and practitioners certified by the CAMTC and massage establishments that exclusively employ
certified massage therapists and practitioners.
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: ORDINANCE RE S MOKING REGULATIONS
MAY 3, 2016
BACKGROUND (Cont’d):
In 2009, i n response to the passage of the State Massage Therapy Law , the Town made extensive
revisions and amendments to the Town Code relating to Massage Therapy and Establishments .
In 2013 and 2014, elected officials across California relayed a message to the League of
California Citie s about one of the challenges facing cities: the inability to regulate the massage
industry and the resulting increase of illicit establishments. Towns and c ities worked with their
Legislators to craft legislation that would return local authority to citi es to regulate massage
businesses and give cities the tools to shut down businesses violating local ordinances.
In 2015, the State restored the ability of towns and cities to impose local regulations on massage
establishments and practitioners as a resul t of the new provisions of Assembly Bill 1147. This
legislation allows local governments to use their regulatory and land use authority, as is the case
with other businesses, to ensure the public’s safety, reduce criminal activity, and enforce local
standa rds for the operation of the business of massage therapy. Under AB 1147, cities are able to
regulate the business that provides the massage therapy services and the California Massage
Therapy Council will be responsible for regulating those individuals who apply or have a
certification to provide massage therapy services. Since the provisions of AB 1147 established a
sunset provision in 2017, s taff decided not to bring any revisions to the Town Code to the Town
Council.
In 2016, AB 2194 extended the prov isions of AB 1147 until 2021 , and ma de other changes t hat
now require the Town to implement certain requires in the Town Code. The Town Attorney’s
Office requires additional t ime to complete its review of AB 2194 so that the Town Code is in
compliance with all State law requirements and to p rovid e the Town with the regulatory
authority to protect the public health, safety, and welfare of its citizens .
ENVIRONMENTAL ASSESSMENT :
It has been determined that there is no possibility that this project will have a significant impact
on the environment; therefore, the project is not subject to the California Environmental Quality
Act (Section 15061 (b ) (3)).
FISCAL IMPACT :
The adoption of this ordinance will not result in a fiscal impact .