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Summary
of Changes in the Proposed Massage Ordinance
[Note:
The Legislative Analyst's report by the City Attorney's office can
be read here.]
Major
Changes
- Move
the permitting process from the Police Department to the Department
of Public health. By far, the most significant change being proposed
is moving the whole permitting process of massage practitioners and
businesses from the authority of the Police Department and putting
it under the jurisdiction of the Department of Public Health. All
of the stakeholder are happy with this change.
- Create
two categories of practitioner permits, instead of only one. The
current category, "masseusse/masseur," is now called "general
massage practitioner" and the amount of training required move
from 70 to 100 hours. The new category that has been created requires
200 hours of training was created called "advanced massage practitioner."
- Add
a new business category called "solo massage establishment."
We wanted to make it easier for therapeutic massage practitioners
to operate a private practice without the onerous oversight and fees
required for massage establishments. One must hold and "advanced
massage practitioner" permit in order to work in a solo massage
extablishment. Up to four practitioners can share one office space
(more upon special approval from DPH) making it easier for private
practitioners to afford the rent on a commercial space.
- New
fee structure. The
following chart details the old and new fees. All of the fees will
be adjusted beginning fiscal year 2004-2005 based on the actual costs
for providing each of the services as certified by the Controller
and approved by the Board of Supervisors.
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Filing
Fee
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Annual
Fee
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Old
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New
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Old
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New
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General
Massage Practitioner
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244
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100
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75
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75
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Advanced
Massage Practitioner
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n/a
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100
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n/a
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75
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Massage
Establishment
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1684
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240
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463
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600
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Solo
Massage Establishment/Outcall
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n/a
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240
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n/a
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400
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Outcall
Massage Business
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462
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240
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393
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200
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- Note:
Advanced Massage Practitioners holding a Solo Massage Establishment
permit will not be required to pay additional fees for an Outcall
permit.
- Exclusions:.
Permits would not be required for practitioners who are already state
licensed as a health care practitioner. A permit is also not required
of state-licensed barbers, cosmetologist, estheticians, or manicurists,
as long as they are only doing the amount of massage allowed in their
scope of practice. Non-profit organizations with a legitimate federal
tax exemption are exempt from paying the fees described above. However,
they still have to apply for the license at the health Department..
Besides these
major changes, there are numerous minor changes that are included. Please
read the Legislative Analyst report
for a complete summary.
Frequently
asked questions
- Can
I work out of my own home?
Unfortunately,
this new ordinance does not modify the zoning regulations. San Francisco
law requires massage businesses to operate only in facilities zoned
for commercial use. In addition, the zoning regs require that massage
businesses must be at least 1,000 feet from each other anywhere in
the city. If all goes well with the implementation of this new massage
ordinance, we may take on the Zoning Regs next.
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