Supervisors amend massage-establishment rules, remove ban tied to prostitution convictions

The San Francisco Board of Supervisors on Oct. 30 passed on first reading an ordinance that tightens regulation of massage practitioners and establishments while removing a proposed bar on permits tied to prior prostitution or solicitation convictions.

The ordinance, introduced by Supervisor Catherine Tang to revise the Health Code, would authorize criminal-history checks for applicants, add operating standards, update permit penalties and reinspection fees, and declare violations public nuisances. Supervisor Mark Yi proposed an amendment to strike a provision that would have allowed the Department of Public Health to deny a massage-establishment permit to applicants with convictions related to prostitution or solicitation.

The change was framed as balancing enforcement against human-rights concerns. "This legislation before us today makes huge strides in trying to tighten up our existing regulations on massage establishments," Supervisor Yi said, adding he supported removing the provision because convictions for prostitution often reflect coercion and trafficking and could create a barrier to people seeking legitimate work. He argued the city should allow opportunities for people to enter lawful employment.

Supervisor Tang, sponsor of the ordinance, told the board the Department of Public Health had proposed the denied-permit language after reviewing permitting practices and that the larger package targets business operators who exploit workers. "This is just one piece of several pieces of amendments to the Health Code," Tang said. She said the code already contains language to prevent people with histories of trafficking from opening businesses, and she said she would support Yi's amendment out of deference to those concerns.

Other supervisors voiced similar concerns about penalizing victims. Supervisor Aaron Peskin and Supervisor Matt Haney (remarks on record) signaled support for the amendment; Supervisor Safai suggested focusing enforcement on people who promote or force others into prostitution rather than on individuals with convictions who may be victims.

Supervisor Yi moved to strike the sentence authorizing denial of permits based on prostitution-related convictions; Supervisor Tang seconded. The board took the item "same house, same call" and the ordinance passed on first reading as amended.

The ordinance includes several administrative changes to the massage-permitting program and will return for further readings before becoming final. The Department of Public Health led drafting of the package, which takes effect Jan. 1, 2019 for some provisions and includes phased implementation of penalties and permitting changes.

The board's action removes the categorical bar for applicants with prostitution-related convictions and leaves other provisions expanding DPH authority intact; it does not change existing parts of the code that already prohibit owners or operators with documented histories of trafficking from obtaining permits.

Looking ahead, the ordinance will return for subsequent readings and final adoption where additional technical edits and the department's implementation plan can be reviewed.