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REQUEST FOR COUNCIL ACTION Date:April 10, 2023 Item No.: 7.b Department Approval City Manager Approval Item Description:Review and Consider an Ordinance Amending CityCode Chapter 309: Massage Therapy 1 B ACKGROUND 2 The City Council has discussed the regulation of massage therapists and massage therapy 3 establishments (Chapter 309) several times over the past 18 months. 4 5 On November 8, 2021, the City Council adopted Ordinance #1607 (Attachment A)that amended 6 Chapter 309 in the following ways: 7 Cleaned up existing language to specify that massage therapy establishments that do not comply 8 with federal, state, or local laws may have their license denied, revoked, or not renewed. 9 Added language stating that massage therapy establishments shall not have an unlicensed person 10 conduct massage therapy on their premises 11 Limited the amount of massage therapy establishment licenses allowed in Roseville to 25. 12 13 The City Council directed staff look more broadly at Chapter 309 and bring back other suggested 14 changes at a future date. 15 16 On July 25, 2022, staff brought back suggested amendments to Chapter 309. The changes proposed 17 included: 18 Prohibiting the transfer of existing Massage Therapy Establishment Licenses 19 Allowing for additional information to be required as deemed necessary by the City beyond 20 what is identified in Chapter 309 when a person applies for a massage therapists license 21 Allowing other qualified service providers to conduct criminal background checks as part of the 22 licensing review instead of solely relying on the Police Department 23 Determining a maximum number of massage therapy establishments in the city. Ordinance 24 #1607 capped the amount of massage therapy establishments to 25 25 26 Based on discussion of the City Council and concerns raised by massage therapy establishments with 27 the language prohibiting transfers of Massage Therapy Establishment Licenses, the City Council tabled 28 action on language regarding transfer of licenses. However, the City Council did amend Chapter 309 to 29 limit the number of massage therapy establishments from 25 to 24 to reflect the actual amount 30 establishment licenses in place inRoseville and to allow for additional information from massage 31 therapist applicants to be required as deemed necessary by the City. (Attachment B-Ordinance #1615) 32 33 Subsequently, staff has been doing research and working on language with the City Attorney. As a 34 result of that work, staff is bringing forward additional changes to Chapter 309, including language 35 around the transfer of massage therapy establishment licenses. The proposed changes are as follows 36 and outline in Attachment C: Page 1 of 4