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AB-3061 Massage establishment owners: registration.(2017-2018)

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Date Published: 03/23/2018 09:00 PM
AB3061:v98#DOCUMENT

Amended  IN  Assembly  March 23, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 3061


Introduced by Assembly Member Gloria

February 16, 2018


An act to add Section 4613 to the Business and Professions Code, relating to massage establishments.


LEGISLATIVE COUNSEL'S DIGEST


AB 3061, as amended, Gloria. Massage establishments. establishment owners: registration.
Existing law, the Massage Therapy Act, regulates massage therapists, massage practitioners, and massage establishments by the California Massage Therapy Council. the practice of massage therapy and requires a person to be certified as a massage therapist or massage practitioner by the California Massage Therapy Council to hold him or herself out as a certified massage therapist or certified massage practitioner. Existing law expresses the intent of the Legislature that broad control over land use in regulating massage establishments be vested in local governments and that local governments give strong consideration to establishing a registration program that grants local governments the ability to either suspend or revoke a registration of massage business for specific violations. Existing law authorizes the legislative body of a city or county for incorporated areas to enact an ordinance providing for the licensing for regulation of the business of massage when carried on within the city or county.
This bill would express the intent of the Legislature to enact legislation that would create a massage establishment owner registry to assist a city, county, or city and county in reporting and tracking the activities of massage establishment owners. require an owner of a massage establishment, as defined, to register as a massage establishment owner with the county clerk in the county in which the massage establishment operates or has its principal place of business and in which it maintains an office. The bill would specify the information required to be contained in the registration application, and would authorize the county clerk to charge a fee not to exceed a reasonable amount to cover the costs of registration. The bill would require a county clerk, if it revokes a massage establishment owner’s registration, to notify the council. By imposing new duties on county clerks, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 4613 is added to the Business and Professions Code, to read:

4613.
 Notwithstanding any other law:
(a) For purposes of this section, “massage establishment” means any business that offers massage therapy in exchange for compensation, whether or not at a fixed place of business. “Massage establishment” includes both of the following:
(1) A certified massage practitioner who is the sole owner, operator, and employee of a massage establishment operating as a sole proprietorship.
(2) A business that is organized as a corporation, general or limited partnership, limited liability company, or any other form of business other than a sole proprietorship.
(b) An owner of a massage establishment shall be registered by the county clerk of the county in which the massage establishment owner operates a business or has his or her principal place of business, and in which the massage establishment owner maintains an office.
(c) The application for registration as a massage establishment owner shall include, but is not limited to, all of the following:
(1) The massage establishment owner’s legal name.
(2) The massage establishment owner’s residential address and telephone number.
(3) The massage establishment owner’s business address and telephone number.
(4) The name and address of any massage establishment or similar business owned or operated by the massage establishment owner, whether or not the massage establishment or similar business is located in the county, and the form of business under which each massage business operates or will be operating.
(5) A signed statement confirming all of the information contained in the registration application, that the massage establishment owner shall be responsible for the conduct of the massage establishment’s employees or independent contractors providing massage services, and acknowledging that a failure to comply with this section or any local, state, or federal law may result in revocation of the massage establishment owner’s registration.
(d) An applicant for registration shall provide to the county clerk a valid and current driver’s license or other identification issued by a state or federal governmental agency or other photographic identification bearing a bona fide seal by a foreign government.
(e) If an applicant for registration is not certified to practice as a certified massage practitioner by the council, the applicant shall submit an application for a background check that includes the applicant’s business, occupation, and employment history for the five years preceding the date of the application and the dates of the applicant’s employment history.
(f) The county clerk may charge a fee not to exceed a reasonable amount to cover the costs of registration.
(g) A county clerk that revokes the registration of a massage establishment owner shall report the fact that the registration has been revoked to the council.

SEC. 2.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SECTION 1.

(a)It is the intent of the Legislature to enact legislation that would create a massage establishment owner registry to assist a city, county, or city and county in reporting and tracking the activities of massage establishment owners.

(b)For purposes of this section, “owner” means a person who receives, or is to receive, any percentage of the revenue earned from massage establishment activities.