Item #08
Date: January 16, 2024
To: Mayor and City Council
From: Christian S. Sachs, Chief of Police
Jim Schaad, City Manager
Subject: Repealing and reenacting Chapter 5.48 of the Marysville Municipal Code entitled, “Massage Establishments and Massage Therapist”
Recommendation:
Pass a Motion to 1) introduce Ordinance XX for first reading , 2) and set February 6, 2024, for second reading and consideration for adoption, 3) waive the first and second reading of the Ordinance authorizing the changes to Chapter 5.48 of the Marysville Municipal Code Entitled, “Massage Establishments and Massage Therapist”.
Rationale for Recommendation:
The recommended changes will allow for great consistency in the licensing and oversight of massage therapists within Marysville as they are regulated by one State authorized agency, the California Massage Therapy Council (CAMTC). To further protect the public, support professionalism within the massage industry, and follow the intent of State law.
Background:
The City’s existing ordinance regulating massage establishments and massage therapists was last updated in 2019. During the time it was adopted, there were no administrative fines adopted to assist with the enforcement of these establishments.
In 2008, the State adopted the Massage Therapy Act into law which allowed for the creation of a quasiState agency, the California Massage Therapy Council, (CAMTC). The CAMTC was authorized to license and provide oversight of massage professionals in California. With the creation of the CAMTC, massage professionals in Marysville had the option to obtain a statewide license through CAMTC or a City license through the Marysville Police Department.
In 2014, with the passage of SB 1147, the State updated and amended the Massage Therapy Act as codified in section 4600-4621 of the Business and Professions Code. The updated law eliminated the CAMTC practitioner license as an option for new applicants and established a 500-hour minimum training requirement. The legislation provided additional guidance with regard to intended enforcement and oversight roles with the CAMTC regulating therapists and local jurisdictions regulating businesses. The updated law included a statement of legislative intent in section 4600.5(b)” “It is the intent of the Legislature that broad control over land use in regulating massage establishments be vested in local governments so that they may manage those establishments in Item #08
the best interest of the individual community, and that the requirements and practice of the profession of massage therapy remain a matter of statewide concern, regulation, and oversight.
Local governments should give strong consideration to establishing a registration program that grants local governments the ability to either suspend or revoke a registration of massage business for specific violations.”
Staff has completed several investigations regarding complaints of authorized activity at these locations along with establishments not following the ordinance. Currently, the only administrative process is to suspend or revoke a license and no current administrative fines can be assessed.
These investigations exhaust Department resources as they are time-consuming and often times handled on multiple occasions.
Discussion & Analysis:
These changes will allow for greater consistency in the licensing and oversight of massage therapists and establishments within Marysville. Furthermore, it is believed these changes will provide enhanced protections to the public and legitimate massage professionals from nefarious activity which can be associated with massage businesses including prostitution and human trafficking.
These changes allow the Department to issue administrative fines to the establishments and massage therapists in violation of Chapter 5.48 of the Marysville Municipal Code and provide an additional tool to assist the Department with compliance.
Environmental Review:
N/A
Legal Review:
The ordinance has been reviewed and approved by City Legal Staff.
Fiscal Impact:
The fiscal impact is not known at this time. There is a potential for an increased fiscal impact due to new administrative fees assessed if violations occur, however that amount is unknown.
Attachments:
1) Ordinance XX
2) Massage Ordinance proposed changes