Supervisor Fiona Ma: Curbing Illegal Activities

As reported by both the SF Examiner and SF Chronicle in recent weeks, the City has been cracking down on illegitimate massage establishments and potential illegal activity occurring in these businesses. 

My office has been leading the effort with the health and planning departments to identify questionable massage establishments. Together, we found numerous businesses that had opened throughout the City without proper permits. But, perhaps more interestingly, we have been very successful in shutting down businesses "fronting" as legitimate massage establishments but were, in actuality, conducting illegitimate and illegal sexual activity.

Last year, Supervisor Chris Daly introduced and successfully passed a Massage Ordinance, which required that massage therapists obtain licenses. The SF Department of Public Health was charged with inspecting massage establishments to determine their legitimacy. While the health department has made good progress, it remains difficult for them to inspect all massage establishments and new establishments that are frequently opening throughout the City.

The licensing of massage establishments is a process plagued with inconsistencies and inefficiencies, making these types of businesses a target for illegal activity. Out of concern over the proliferation of this type of illegal activity, I introduced an ordinance that would amend the city's Planning Code, requiring massage establishments to obtain a Conditional Use Permit.

Currently, massage establishments are generally zoned as a permitted use in business districts. By changing the zoning, the City can better insure that we prevent illegal activity without penalizing legally operating establishments.   

Often, massage establishments play an auxiliary role in another business, such as in an acupuncture or physical rehabilitation office, nail salon or other similar business that may employ a massage therapist to complement their services. These businesses will be allowed to continue to operate legally as long as they fulfill current requirements and restrictions. However, businesses that do not fall into this category would need to obtain all permits required from the health department before being eligible to apply for a Conditional Use Permit.

The Conditional Use Permit process is the highest standard the Planning Department uses in order to grant building and operating permits. In addition to submitting detailed building plans, businesses are required to hold public meetings and present their plans to the SF Planning Commission for approval. This process also gives the public an opportunity to appeal their concerns to the SF Board of Supervisors.

In shaping this legislation, I tried to balance the interests of legitimate small business owners and the requirements of city departments while being responsive to the concerns of the community. I feel this piece of legislation has accomplished this goal and will truly help us address recent problems, both in the district and citywide, regarding these types of illegitimate businesses.

This ordinance has already been heard in committee and passed with recommendation to the full board of supervisors.  I expect it to be heard and voted on by the full board in early June.

Fiona Ma is a San Francisco supervisor representing District 4.