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REQUEST FOR COUNCIL ACTION Date: 1 U14/2005 Item No: 3.m Department Approval: Manager Approved: Agenda Section: �� - �� Consent Item Description: Consider Amending City Code, Chapter 309 - Licensing of Massage Therapy Establishments Background At the 9/26/OS City Council meeting, the Council approved in concept, the suggested changes to City Code, Chapter 309 ' Licensing of Massage Therapy Establishments. While the Council was generally agreeable to the suggested changes; there was a concern expressed about the ability of massage therapists to set up temporary chair massage offerings at multiple locations in successive fashion �i, �� - 14 days in one location, 14 days at another, etc.). The suggested Code revisions included a provision that would allow for the offering of chair massages on a temporary basis for up to 14 days in a calendar year, at any one location— without getting a massage therapy establishment license. This language was intended to accommodate the offering of chair massages at wellness-type events. However, conceivably a massage therapist could indeed �no�e from location to location throughout the calendar year, under the suggestedrevisions. The Council suggested that the follow-up to this discussion be brought back on the Consent Agenda for final approval. Discussion Items During the past month, City Staff has held discussions with the City Attorney regarding the concern noted above. As our discussions evolved, and after reviewing the minutes, we became increasingly unsure as to what the overriding concern was (and is) with regard to the offering of temporary chair massages in successive fashion. While the activity itself may be somewhat dispersed, the massa�e therawist would be required to obtain a license from the City regardless of where the massages were given. Under these circumstances, the City would be regulating the practice of chair massages at the massage thera�ist level. Massage thera�ist liae�si�� rec�uirements are found in Cha�ter 309.04. If the Council is uncomfortable with this level of regulatory oversight, the Council could revise the Code so that the provision of chair massages at temporary locations is further restricted to limit each massage therapist to one or two occasions in any calendar year. The Council is reminded that Code provisions regarding the conduct of massage therapists and the provision of massage therapy in general remain in effect.