State trumps city rules for massage businesses
Residents who’ve e-mailed City Council members and this column complaining about more massage establishments operating in Yorba Linda lately will be unhappy to learn that city officials are limited in the actions they can take to reverse the trend.
Assistant City Attorney Jamie Raymond told the council recently that legislation adopted a year ago preempts local licensing laws and instead creates a statewide process in which a masseuse can be licensed by the state and can’t be required to obtain a local license.
Yorba Linda adopted a tough ordinance in 2003 enacting detailed regulations for massage establishments and strict standards for massage technicians “to discourage” the businesses “from degenerating into houses of prostitution,” according to a statement in the ordinance.
The 29-page city law required massage technicians to pass practical and written tests: a “hands-on” exam administered by a city-hired practitioner versed in massage styles and paper test questions covering massage, anatomy, physiology, ethics and legal regulations.
In addition, massage technicians were required to wear city-issued photo identity cards and be clothed at all times. Use or possession of adult-oriented merchandise and condoms was forbidden, and operators required to record patron names, addresses and services provided.
The ordinance also prohibited “signaling devices” used to alert employees and customers to the presence of law enforcement personnel. Council vote for adoption was unanimous.
The state law, which took effect Jan. 1, was introduced by Sen. Jenny Oropeza (D-Long Beach). She said the law creates a non-profit group, the Massage Therapy Organization, “to certify legitimate massage practitioners and therapists.”
The law requires certified personnel to pass an exam and criminal background check, be fingerprinted and complete 500 hours of training for a therapist or 250 for a practitioner.
Finance Director Susan Hartman told the council before her recent retirement Yorba Linda requires proof of state certification for massage therapists before issuing a city license. If a practitioner elects not to obtain the voluntary state certification, they must still attain a city permit to practice in Yorba Linda.
A FINAL NOTE
First, Yorba Linda offered employees a “golden handshake” that gave them an additional two years of service credit on their CalPERS retirement formula if they retired this month.
Now, the Placentia-Yorba Linda Unified School District plans to offer teachers a mid-year supplementary retirement plan that would save money, bring back teachers laid off in June and reduce the likelihood of Spring 2010 reductions due to declining enrollment.
According to the current salary schedule, fully credentialed first-year teachers earn $45,681 versus $94,560 for teachers with a master’s degree and 30 years of service.
Assistant City Attorney Jamie Raymond told the council recently that legislation adopted a year ago preempts local licensing laws and instead creates a statewide process in which a masseuse can be licensed by the state and can’t be required to obtain a local license.
Yorba Linda adopted a tough ordinance in 2003 enacting detailed regulations for massage establishments and strict standards for massage technicians “to discourage” the businesses “from degenerating into houses of prostitution,” according to a statement in the ordinance.
The 29-page city law required massage technicians to pass practical and written tests: a “hands-on” exam administered by a city-hired practitioner versed in massage styles and paper test questions covering massage, anatomy, physiology, ethics and legal regulations.
In addition, massage technicians were required to wear city-issued photo identity cards and be clothed at all times. Use or possession of adult-oriented merchandise and condoms was forbidden, and operators required to record patron names, addresses and services provided.
The ordinance also prohibited “signaling devices” used to alert employees and customers to the presence of law enforcement personnel. Council vote for adoption was unanimous.
The state law, which took effect Jan. 1, was introduced by Sen. Jenny Oropeza (D-Long Beach). She said the law creates a non-profit group, the Massage Therapy Organization, “to certify legitimate massage practitioners and therapists.”
The law requires certified personnel to pass an exam and criminal background check, be fingerprinted and complete 500 hours of training for a therapist or 250 for a practitioner.
Finance Director Susan Hartman told the council before her recent retirement Yorba Linda requires proof of state certification for massage therapists before issuing a city license. If a practitioner elects not to obtain the voluntary state certification, they must still attain a city permit to practice in Yorba Linda.
A FINAL NOTE
First, Yorba Linda offered employees a “golden handshake” that gave them an additional two years of service credit on their CalPERS retirement formula if they retired this month.
Now, the Placentia-Yorba Linda Unified School District plans to offer teachers a mid-year supplementary retirement plan that would save money, bring back teachers laid off in June and reduce the likelihood of Spring 2010 reductions due to declining enrollment.
According to the current salary schedule, fully credentialed first-year teachers earn $45,681 versus $94,560 for teachers with a master’s degree and 30 years of service.
posted by Jim Drummond at 12:00 PM
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