PURPOSE

The purpose of this report is to provide information to the City Council in response to a request to exclude the performance of �chair massage� from certain regulations in the Burbank Massage Ordinance.

BACKGROUND

In August of this year, Council received a letter (Exhibit A, �Queen�s List Item # 107) and chair massage information from Merry Clingen, a Burbank-licensed Massage Technician.  Ms. Clingen was requesting that Council consider amending the Burbank Massage Ordinance to exclude the current requirement of having a tub or shower present where chair massage is the exclusive form of massage on a premises (Exhibit B).  Council asked staff to review this matter and report back with their findings and recommendation.

ANALYSIS

The business of massage therapy has been regulated in Burbank for many decades.  The current Burbank Massage Ordinance was last amended in 1983 in anticipation of the 1984 Los Angeles Olympics and has been effective in providing regulation of this business activity through the regulatory business licensing process.  Requirements of the licensing process are intended and designed to appropriately regulate the traditional healing art of massage.  The requirements are also designed to forestall opportunities for prostitution camouflaged as traditional massage businesses.  Through licensing requirements, our current ordinance regulates both the massage technician and the premises where massage takes place.  Excluded from local licensing regulation are the State-licensed professions such as: physicians, chiropractors, physical therapists, and other similar State-licensed professions.

Chair massage, is a form of traditional massage treatment that doesn�t require a person to disrobe.  The masseuse can either travel to the client or can operate from a permanent fixed location.  From a practicality perspective, this form of massage can take place in just about any venue.  It is common in other communities to see chair massage legally occurring in shopping malls, airports, convention centers, beauty salons, and sporting events.

Chair massage requires a special chair, professionally designed (see Exhibit A) which is mobile and can be relocated from place to place very easily.  Since the client receiving this form of massage doesn�t need to remove clothing, the massage technician has no need to use any oils, creams, wraps, or fomentations while performing chair massage.  Consequently, contrary to many other traditional styles of full body massages, chair massage does not require bathing facilities for before, or after the massage.

As previously stated, Ms. Clingen�s request is to eliminate the requirement for a tub or shower on the premises where chair massage is the exclusive form of massage on a premises whose primary business activity is not massage.  The tub and shower requirement will no longer be required. However, as in the past, a massage establishment license will still be required at such a business.

Since the Burbank Massage Ordinance has proven to be so effective in thwarting prostitution potentials, staff has been very reluctant to amend the ordinance.  However, relative to chair massage, it is staff�s opinion that given the appropriate restrictions of, no disrobing, and requiring this form of massage to only take place within public view, negates concerns about prostitution opportunities.  Therefore, staff from the License and Code Services Division, the Police Department, and the City Attorney�s Office have concluded that, Ms. Clingen�s logic has merit and with certain restrictions, the Burbank Massage Ordinance should be amended to not require tubs or showers at businesses whose primary business is not massage, however they provide chair massage as the exclusive form of massage on the premises.

CONCLUSION

Staff recommends that the Burbank Massage Ordinance be amended, as requested, but to include the following restrictions relative to chair massage:

1.        At all times both the massage technician and the person receiving the chair massage shall remain fully clothed in non-revealing opaque clothing.

2.        At all times chair massage must take place within public view in a well lit area that is not designated solely for chair massage uses and such massage shall not take place in a private area of any building or room.

3.        Specified anatomical areas and anatomical parts may not be touched by any part of the massage technician�s body or any mechanical device or apparatus operated by the massage technician.

4.        Chair massage may not take place in any business establishment which has as a primary business activity the serving of food, alcoholic beverage, or any form of entertainment.

RECOMMENDATION

Staff recommends the City Council request staff return in February, 2004 with an ordinance (draft ordinance attached as Exhibit C) to amend the Burbank Municipal Code (Article 22, Division 1, Section 8-225 (b) (2) [Exhibit C]), by adding new sections which would: define �chair massage�; list restrictions concerning the performance of chair massage; and, exclude the activity known as �chair massage� from the Facilities Requirements For Massage Establishments, which requires �tub or shower��.in every massage establishment location�.

EXHIBITS 

A.                Letter and information from Merry Clingen and September 8, 2003 �Queen�s List� memo concerning Chair Massage

B.                 Burbank Municipal Code, Article 22, Division 1, Section 8-22 (b) (2)

C.                Draft Ordinance

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