Ocean View Massage, which opened at 3927 E. Anaheim St. months ago offering foot and body massages, is one of several massage-therapy businesses in Long Beach. A new state law that goes into effect on Jan. 1, 2015 aims to give local cities and counties more control over massage-therapy businesses while reducing incidents of human trafficking and prostitution at such establishments.
Staff Writer
A new state law that will go into effect next year intends to give cities and counties more control over regulating massage-therapy businesses while strengthening efforts to crack down on illicit sexual activity and human trafficking at such establishments.
AB 1147, known as the Massage Therapy Reform Act, which was passed by the state legislature and signed by Gov. Jerry Brown, overhauls the original state massage-therapy law passed in 2009 that formed the California Massage Therapy Council (CAMTC), a nonprofit group tasked with overseeing state certifications.
Under current state law, cities and counties are prohibited from passing local ordinances regulating massage-therapy businesses with the requirement that those jurisdictions obtain CAMTC certification unless they made it mandatory for all business professionals, according to Kristin Kolpitcke, legislative representative for the League of California Cities.
The new law, however, which will go into effect Jan. 1, 2015, allows cities and counties to require certain land-use requirements through conditional-use permits, such as regulating hours of operation, specifically for massage-therapy businesses, making it possible for local jurisdictions to shut down businesses that don’t comply, she said in a phone interview with the Signal Tribune.
The new law also reorganizes the nonprofit CAMTC group with a broader cross section of stakeholders after being dominated by industry representatives.
Though the existing law allowed cities to require educational requirements and background checks, since the law didn’t allow cities to attach land-use requirements, they didn’t have the ability to close violating establishments, which has allowed owners of certain massage parlors involved in illicit sexual activity to exploit the loophole in the system and continue operating, Kolpitcke said.
“If you caught someone in an undercover sting for solicitation, you could make an arrest of that individual, but the owner is going to tell you they had no idea that was happening in their establishment, and the establishment would be open the following day,” she said. “That was the problem. So the biggest change that happened under AB 1147 is that it returns land-use and regulatory authority to cities and counties.”
Kolpitcke said the existing law has enabled the proliferation of massage-therapy businesses throughout the state since it gives cities and counties no legal recourse to regulate them with regard to zoning laws.
For example, she said, since the current law was passed nearly five years ago, the number of message-therapy businesses in the city of Huntington Beach has increased from nine to 75 while, in the city of Stanton, the number of massage establishments shot up from one to 28, with 26 of them advertising through illicit websites.
“Cities are going to have the ability, if they so choose, to update their ordinances to be able to require a business license to have a conditional-use permit,” Kolpitcke said. “They’re going to be able to inspect those businesses, and they’re going to be able to discipline those businesses before activities occur on the establishment. Now, the owner is responsible for what goes on in their business just like it would be for any other business.”
Assemblymember Chris Holden (D-Pasadena), who co-authored the bill with assemblymembers Jimmy Gomez (D-Northeast Lost Angeles) and Susan Bonilla (D-Concord), said in a statement that the new legislation “balances respect for the massage industry and the needs of local government” while also helping local jurisdictions clamp down on prostitution and human trafficking.
“This bill is the result of a lot of hard work to fix a broken system,” he said. “For many months, city officials were complaining that their hands were tied when it came to regulating massage business— legitimate or otherwise. The Massage Therapy Act removes restrictions on local communities and re-establishes city control over zoning and regulations. Some folks may think that massage parlor prostitution is a victimless crime, but it has increasingly become gang-controlled human trafficking of the worst kind. Young girls are brought in across states and borders and literally kept in slavery.”
It’s unclear whether the cities of Long Beach and Signal Hill are planning to pass new city ordinances to reflect the change in state law. However, law-enforcement officials from both cities said they don’t plan to make any big changes as to how they investigate massage-therapy businesses.
Dan Pratt, vice lieutenant for the Long Beach Police Department (LBPD), said in a phone interview that the department’s undercover vice squad carries out investigations of massage parlors on a regular basis.
He said a majority of massage-therapy businesses in Long Beach have been found to be in compliance, but he said “a small percentage,” or about three to four per year, have been cited for lewd conduct or prostitution, adding that the City has been able to close down some businesses by revoking their business licenses.
Pratt said LBPD also follows up on tips from residents who file complaints of suspicious activity, such as women wearing “scantily clad” outfits or becoming less technically oriented and more focused on pleasure.
Pratt added, however, that he is not aware of there being any reported cases of massage-therapy businesses being involved in human trafficking in Long Beach.
Regardless, he said the new state law, once it goes into effect, isn’t expected to impact how the LBPD conducts its investigations.
“There are some administrative changes, but as far as what we do to investigate, it doesn’t change anything,” Pratt said.
Signal Hill Chief Michael Langston said there are nearly half a dozen massage-therapy businesses in Signal Hill and most are offered as a fitness application at gyms.
He said that, while the police department regularly investigates massage-therapy businesses, sometimes partnering with LBPD, there hasn’t been any major rise in illicit sexual activity happening at these establishments.
“We really haven’t had any significant problems with any of these establishments,” Langston said, adding that city officials still have yet to look into the new legislation to see if any changes in city code are needed.
Andrew Veis, spokesperson for the office of Los Angeles County Supervisor Don Knabe, who has helped lead efforts in the county to combat child-sex trafficking, said in a phone interview that it’s not clear whether the County supports the new legislation or plans to make changes to regulations, but he said the County will continue to go after perpetrators of child-sex trafficking.
The County launched efforts earlier this year to develop a set of protocols in Compton and Long Beach that officials say will provide victims of child-sex trafficking with the services they need to recover into a new life.
“Sex trafficking comes in all different forms and shapes, and massage parlors are definitely an avenue for it,” Veis said. “We know sex trafficking is out there, and we know it’s happening in the darkest corners. We’re going to do everything we can to protect those girls. Sex trafficking is one of the most important issues we’re facing in the county right now.”
Ahmos Netanel, CEO of the CAMTC, said via phone that the state’s nonprofit group supported the legislation, adding that the new law will help “protect the public.”
He said massage-therapy businesses should check with their local jurisdictions starting next year to see if any changes have been made to regulations.
According to a statement from the CAMTC, under the new law, applicants for certification as a certified massage therapist (CMT) must have 500 hours of education from an approved school and have passed a CAMTC approved exam.
“The Council’s mission is protecting the public by certifying credible massage professionals,” Netanel said. “So anything that can be done to support that mission we support, and we work closely with local law-enforcement agencies, cities, counties and businesses in the communities.”
