Contemplating a new state law set to kick in this summer and a
history of illegal activity at some local massage parlors, the city
council approved a 45-day moratorium on new licenses for massage
practitioners and any establishments that employ them.
Contemplating a new state law set to kick in this summer and a history of illegal activity at some local massage parlors, the city council approved a 45-day moratorium on new licenses for massage practitioners and any establishments that employ them.
Wednesday night the council heard a proposal from Morgan Hill Police, who are currently in charge of issuing the license for local massage therapists and related service providers. The MHPD wanted time to consider how a state law that will go into effect Sept. 1 might change the way local regulations are enforced, according to Cmdr. David Swing.
The department’s proposal called for a blanket moratorium on all new licenses during the 45-day time period. But after representatives from two local establishments with clean records presented their concerns Wednesday, the council added an exemption.
Cindi Torres of Naturals Day Spa on Monterey Road said her business model relies on ushering in therapists from a massage school who do not yet have their massage practitioner license. She said one of her current employees is such a student, working as an intern. Torres said she is considering hiring the intern full-time, but will not be able to do so until after she completes school this summer. By then, the moratorium would have taken effect and she would not have been able to get her city license.
“It’s unfair to her as well because she’s been wanting to do this for a while,” Torres said.
Also protesting the moratorium were Danielle and Jeff Fiegel of Massage Envy. They said if they were to lose one of their 23 therapists during the moratorium, they would be unable to hire a new one who is not yet licensed in Morgan Hill.
These complaints spurred the council to add language to the moratorium ordinance to lessen the impact on upstanding massage businesses. Now, the moratorium does not affect existing massage establishments with current permits in good standing with the police – or their practitioners.
Most cities have had crime-related concerns with massage parlors and spas, Morgan Hill Police Chief Bruce Cumming said, and Morgan Hill is no exception. Many of those problems are related to offering illegal sexual services, which is specifically prohibited in city code, not to mention state laws against prostitution.
In the last year, police have received eight calls regarding allegations of sexual acts in two Morgan Hill massage parlors. Swing said one of those, on Jackson Oaks Drive, recently surrendered its license and is no longer in business.
The other one, near the intersection of Monterey Road and Cosmo Avenue, is still in operation with a license. Police have received a series of complaints from neighbors and customers about the business and are conducting an investigation but have not made any arrests or filed any charges.
The city shut down a massage establishment on Main Avenue a year ago because of allegations of sexual acts taking place there, Cumming added.
“We are very careful with massage practitioners, and we want to tread carefully,” Cumming said. “We want to have the ability to (enforce regulations) properly.”
The city currently requires both individual massage practitioners and businesses that offer massage services to acquire an annual license. California Senate Bill 731 establishes statewide regulations on the massage industry for the first time. These include the creation of the Massage Therapy Council, a nonprofit group that will be in charge of all licensing and guidelines related to massage therapy services in California.
Local police asked for the moratorium on new licenses to give them time to ensure the local ordinance is consistent with the new state laws, and determine how the new laws will affect local existing practitioners.
“We as a local government are not yet sure what the impact will be,” Swing said. “We are proposing a moratorium on new licenses until we can better understand what those ramifications are.”
Other cities in California, including Torrance and Simi, have enacted similar moratoriums in recent months.
Cumming said police follow strict local regulations on massage practices. The city code regulating massage practitioners and businesses allows police to conduct a background check on applicants. It requires all licensees to be at least 18 years old and have completed at least 100 hours of education and training specific to the field. It also prohibits massage therapists from wearing revealing styles of clothing such as mini-skirts and bikinis.
Furthermore, the ordinance generally prohibits applicants who have been convicted of most crimes from gaining a massage license, and specifically those who have been convicted under the Red Light Abatement Act, a state anti-prostitution law dating back to 1914.
Massage parlors and spas in California are currently regulated only by cities and counties that have individual ordinances, according to Massage Therapy Council Executive Director Cheryl Oliver.
SB 731 requires at least 500 hours of training for massage therapists who want to be licensed, and requires applicants to pass a background check. Therapists and practitioners would pay a fee to the state council to become licensed, and would have to pass a test administered by the organization.
Oliver noted the licensing will be voluntary, though some cities or counties may choose to amend their ordinances to allow only state-licensed practitioners to set up shop in their jurisdictions.
Swing said the department has not yet evaluated this option or any potential amendments to the city’s current ordinance, and will do so during the next 45 days.
Massage professionals currently permitted by local police departments would not be automatically licensed – they would still have to qualify for a state license, Oliver said.
The council has sought the assistance of law enforcement authorities in establishing the requirements for a state license, primarily due to the recurrence of massage establishments fronting for sex services.
“We’re working closely with law enforcement to help them get a better grasp on the massage practitioners who are not just massage practitioners,” Oliver said.
There are about 50 licensed massage practitioners in Morgan Hill, and about a dozen licensed establishments, Cumming estimated. He said most follow the existing ordinance.
In the state of California, there are about 40,000 practicing massage providers, Oliver said.
A staff report presented to the city council estimates about $1,000 in licensing revenue will be lost during the 45-day moratorium.
Reporter Natalie Everett contributed to this story.
