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tv   [untitled]    April 28, 2015 4:00pm-4:31pm PDT

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think where massage has been implicit restricted you'll have to go through a process to address that on a location by location district or district by district, however geography by domino basis unless you want to take that on citywide but in the specific geography when the case arrives i think that would overly complicate your efforts to address that as that point. >> commissioner white. >> yeah. i have a quick question so if i'm a nail salon and offer chair massage is that part of this amnesty program. >> like a completely separate service not the nail - i know when you get our nails duplicate
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you sit in a massage chair but that's in the process - >> no, they do anyone else's. >> i believe you can they can clarify but i believe if you add anyone else yes you'll have to go - >> through the cu. >> for a new establishment correct act for a new but if you're existing you offer massage in your salon. >> what the amnesty program we're going to fold in everybody. >> the did you want has a definition for massage and there are - it's not - what is that definition it explicit include hand massages and foot massages. >> so whatever. >> for the planning code for a chair massage if you're getting a massage in the open of it's a
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chair massage it didn't require a permit. >> okay. >> any other questions? thank you that was a little bit told us >> i looked at every possibility. >> thank you for being here if there's no other questions commissioners time to open up for public comment okay and i will say as and also do in the best interest of you in the comments and for the best estimate there's a 3 minute comment it pains us to give the hook prepare to read it it keeps you on script and be on the point that are accountable here so we welcome the public dialog
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so, please we're here to listen to you what you have to say. >> i'm eric can a massage therapist i have a lot to say i'll be brief request we be given more time to review this amnesty program we received today we want to get this right we're a small we're small businesses and this affects us and our ability to live in san francisco and work in san francisco it is emotional and financially hardship and there's roadblocks in our place for the purpose and intent of sexual tragic i feel marginalized by those restrictions that maybe put in place so really like more time to workout thank you. >> thank you very much.
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>> good afternoon, commissioners adam a massage therapy i own and employee several massage therapist like my previous colleagues, we having had about 3 hours to review this yes, ma'am the amnesty program it is crucial that we get it right i'm interested in me i'm not clear we appreciate commissioner chan's commitment to make sure that people stay open we don't know other thing we're advocating for as a group is for a profession to be replaced and it is a medical practice we noted one thing the land use recollections are being amended
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so we're removed from the classification of a medical service and being marked out as a massage establishment we don't want to go through rezoning the whole city but the fact is we really do we think the time is now for san francisco to recognize therapy as a professional service oh, among ha-ha-ha oh i don't want that in my neighborhood but a lot of people have xoifk beliefs about this. >> thank you very much. >> hello commissioners ami amanda i have a sole provider practice in san francisco i'm asking requesting more time for
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public review before this commission comes to a decision about this legislation we're seeing new language in the amnesty i'll read the part i'm confused about the did you want noticed the lisa are going to go through the legalization process this will explain when zoning district with the confusion and which don't permitted them i'm still confused what that maples the businesses that wish already in effect in a certain location has to go through a conditional use if the zone says they're not allowed or necessary to be condition overlook i heard two different answers and want clarification especially, when it come forward to sole providers it is that they're
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specific zone district requires a conditional use for anyone else has to go through the progressing progress i believe i'm hearing yes. i played other than with the property i didn't find a massage place not listed as conditional including my own so we're looking at poeblthd flying restrictions that make all of this a point so i would love clarifications before we move forward we'll not rewrite the whole zoning district district but we're looking at a huge overhaul of the way the city is zone massage therapy it may or may not keep people here. >> here's an answer - before
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you leave today. >> thanks for having us i'm the owner of a business i'm super confused i had about 3 hours to try to get through all the new language i'd like to have a lot more time to digest and ask the appropriate questions because well, i appreciate everybody's effort to try to clarify things i know that commissioner chan's office is working like crazy to finish it i don't understand how this will impact me i've had two hours at work to look at this i'd like to digest and ask the appropriate questions to not put small businesses out of business thank you. >> thank you. >> hello i'm sorry damon i'm a
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sole practitioner at the blue bud i can't i think we're looking for the best interests to move forward more smoothly and hammering out the details so moving forward because we've got a small aspect that changes the dynamic of backing where to work and at a prior small business meeting we were looking to unify with like practitioners and choifks and psychosis theory and licensing it is fair across the board and when it comes to massage as an accessory it effects our acupuncture and chiropractic so that would be a
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bigger discussion and maybe have more time for collaboration to move forward to nail down details thank you. >> thank you. >> hi 82 for letting me speak we stooped for other massage employees please don't let this group be the entire representation in our minds most of my colleagues are at work somebody mentioned we're the bone of small businesses there's a lot of discussion about the c p u and dissipating out the sole proprietors and other businesses to withstand this process i've
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personally seen and gone through and watched other businesses massage businesses sole providers and that gets busy enough to take on more staff it is a grassroots business started from one therapist becoming too and having an office to having employees and employing people in the city i see this hurdle being constructed between going from one to being able to provide work for many so, please keep in mind in how that effects the growth of those small businesses and then on top of i haven't gotten a chance to look at the new language would love some more time thank you. >> thank you.
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>> good afternoon, commissioners it's nice to see you i'm gary the owner and operator of the massage school and bodywork in the past hearings from today, you've heard if from many massage establishments i want to give you a prospective if a massage school that trains the future small business owners as i've stated first of all thank you to supervisor tang and recognize her efforts to get here it is obviously she's left hand, however, as a small business owner and the owner of the director of a massage school the requirement of the conditional use permit for massage statement i've stated in
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past public 60 percent of our massage therapists work for themselves, however, the graduates become bmw's business owners to open their own massage police cars so we graduate one hundred plus massage therapists last year there are people actually seeking or soon to be self-employment opportunity or working for others or starting establishments in my opinion the proposed anyone else legislation as it is written about create expensive and on reduce opportunity for seeking out the rewarding opportunity of starting and own your own small business it's true the changes have been made exempting the sole practitioners from the cu process the fact i or anyone
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here wants to in this room wants to start a massage establishment we'll be forced to go through the tedious and stereotype had a right process the burden of going through the conditional use is an expensive fee and result in the referrals their time consuming and expensive as documented did cu process takes a looked at to be approved sometimes as much as 6 months and that time the therapist have to sign a lease while the cu process drags on the explicit but the legitimate small business owners will not be able to survive and it must be written out of the process it
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is, oh, butch and descriptiony no other profession is to go through this offering regulated progress sorry to go over. >> thank you good afternoon commission i'm a student at national holistic institute due to the amount of time to look at this bill i had something planted to say but it got thrown out the window because of the new language i'm come up to ask for more time to look over this bill and found out who's going on everybody is confused about this ordinance especially, when it comes to the fact of us working with other health care practitioners personally i had the idea of
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wanting to work with choirths and acupunctures about it they have to go through a conditional use authorization i don't know that's hurting us a prevention balanced it is as simple as that i want to have more time to have a better way of explaining what we want to see on they're not. >> thank you very much. we hear loud and clear the request for more time to review (laughter). >> good afternoon. i'm a small business owner i'm asking for more time i've had 20 minutes to look at this i'm not clear where i fall into that i have 3 contract employees and i'm four and am a massage
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establishment or what i'm not sure i need more time thank you. >> okay. >> hi i'm david i'm a massage student at the national holistic institute and learning the ropes of massage therapy and learning about this too this is the first meeting i would really recycle to also like for time to go over everything and learn more and talk about to my fellow students as well maybe get them involved as well because this is something that will effect them vefbl two thank you thank you for your time. >> thank you for coming out.
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>> good afternoon my name is thompson i'm the government relation chair for the therapy chair i'll add my voice presidential delay 3 hours is not enough the time for the understanding the legislation but that leaves me one minute and 43 seconds unlike the way we've been treated supervisor tang and others have been forthcoming and sat down with us and talk about things and they've been rialto modify that's great and we really appreciate that but for my mind it skips over a fundamental problem that this ordinance change comes from a false premise it is there are members
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of the massage community massage therapist are engaging in trafficking and the in fact of the matter criminals pretend to run the massage establishment this conditional use authorization doesn't distinguish one from the other and massage businesses i think gary said criminals have money if in their pocket they can try to get through the process if i decided to open a business with adam i z don't have the capital to this represents a stock for massage therapist to try to open a business in san francisco that's my pointed thank you very much (clapping.) >> i have never received applause like that thank you (laughter). >> i'm beverly with the
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california massage council my only concern it is difficult i've been involved with legislation at the state level and for years and years and to vote on something without seeing the actual language even in the authors favor sometimes the language there's an error maybe it changes the context it is difficult and unwise to vote in support of chart especially, when as in seeing commissioner chan's represented and planning had to answer a few questions saying we're not sure he think so, so you may want to consider postponement. >> do we have any other. thank you all for coming out, i
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appreciate it everyone has a busy schedule and it is had the opportunity to see you here i appreciate our effort to come multiple to clarify the process we're here doug this we're an advising body we don't approve or disapprove anything the legislation being drafted will go before the planning commission for their review and approval but they'll ultimately have to go correct to the board of supervisors >> land use commission. >> sorry the land use commission it didn't become law until it goes to the board of supervisors correct so we have multiple places in the process to address this issue of times as i said we hear loud and clear
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the need to have ample time to review legislation and they've been changes that are made it is completely reasonable to ask for time to review and said how that might effect you as you comment on that so we support that particular request i want to clarify one issue that came up in public comment if we're no order if i can ask for a clarification. >> absolutely this is your time to continue to ask questions clarifying questions and make comments. >> i said this may seem circle last year, i apologize it is tedious sometimes but the question was amnesty for the existing practitioners in areas that explicitly prohibit massage
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if you're currently operating but you're in a zone or geography that explicitly prohibited massage what's the amnesty position how do you deal with amnesty. >> i apologize for the confusion. >> did i get that question am i asking the right question? right >> (inaudible). >> okay. >> so again to be hopeful to be clear the amnesty program was created to incorporate all massage establishment in san francisco regardless of where they're located if they're currently operating before january 19th in the notice section it says we're going to clearly plan the zoning district they're in a location that didn't permit massage in the first place they're currently operating we
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don't want to close people done in san francisco but going forward we have to honor the zoning in that district. >> understood. >> that is about before it came down. >> if i understand the age i didn't program exemption those who are currently operating of they're in a geography that explicitly prohibits massage as long as they're operating under the conditions you've i'd like before january 19th. >> correct. >> correct okay. thank you then we had another question. >> the second was around fellow practitioners in relationship to the amnesty and that's going forward with the flying district we say cu is not required for
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sole practitioner establishment about in a zone not permitting it is up to the supervisors in that district. >> if you're desire to open a business and not preservation opposed and open a business in a grow. that explicitly requires a cu your prohibited or have to go through the cu process of you're a sole practitioner. >> dei can't think if you're a sole practitioner that would fall under the exemption if you do open up in a cu area you're exempt from the cu i mean, that's part of exemption. >> that's correct. >> i'm sorry what. >> if you're fall under the
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solo practitioner establishments definition and open up in a area where conditional use is required you're exempt from the cu but if you're interested if a area where massage is not permitted - >> you may not open up a massage a sole practitioner may open a sole practitioner without going through the conditional use because their subject so the exception. >> i'd like to add that in certain district like the commercial districts massage establishments require neighborhood notification which is the thirty day notice a shorter process than the conditional use authorization but it requires that. >> okay neighborhood notification okay.
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>> all right. we have other commissioner questions commissioner ortiz-cartagena. >> i have more of a general comment i want to thank everyone commissioner chan's office i'm a commissioner tobin i'm confused so it is my experience that criminals like confusion and zoning never stopped it so i'm still a strong opponent of no cu p you might as be looking at foreign language i appreciate that you guys want more time i'm not for the cu p process in in no way, shape, or form but i like the interaction i wish all
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the interaction their macon honest effort to get those agreed upon so >> commissioner l. riley. >> yes. we're hearing again and again people need more time to look at the translation so when do you plan to move forward? the one piece that was left open was the amnesty program that is the language that was provided the majority of legislation is still the same as when we presented two weeks ago small business commission's we'll be moving forward with language it was supposed to be heard anothers land use commission only the amnesty program >> it could be tomorrow. >> we're introducing the substitute tomorrow but noting not heard at the land use
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commission until may 4. >> and it will be heard didn't become legislation so there's another furthermore for participating in the process in the meantime the legislation as it will be present as a matter of record tomorrow; right? >> okay so. >> i have a question about the process i'm sorry to harp on amnesty program it's the concern of everyone and the fact it maybe bvrm and i understand there are no exemptions we ply with dpw and it should fly through the planning department correct. >> it is only tell me have to
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apply not receive it. >> within 90 days. >> correct. >> if i may for everybody's benefit. >> sure. >> upon request they've submittal i'm reading from the amnesty program under the determination of the will accessibility does the anyone else establishment submit to the planning department everything for the finding under subsection b on behalf of that's the is what. >> the requirements in the bulletin. >> the upper part. >> correct. >> so the planning department would check again, whether the dpw requirements are met correct. >> they will check to make sure for instance, in their functioning before january 19th that the business license was received from january 19th, etc. the planning department is


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