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Council hears clarifications on proposed massage-business ordinance; city lawyer says intake form is a template, not retained data
Summary
City staff told council the proposed massage-business ordinance uses a blank intake-sheet template that would not collect or store client medical data, legal review found no HIPAA violation, and the draft adds due-process language and a three-year moratorium tied to suspensions or revocations while preserving property-owner appeal rights.
City staff summarized revisions to a proposed ordinance regulating massage establishments, addressing concerns raised at the prior council meeting and by local businesses.
Christian (presenter) said the client-intake sheet in the draft ordinance is a blank template submitted during license application and is not retained as a collected database. "There is no collection of the data on that sheet," he said, adding that city attorneys reviewed the draft and determined the ordinance, as written, would not create HIPAA exposure except in the rare case of a criminal investigation requiring a valid warrant.
The presenter also explained a new due-process section for property owners affected by license suspensions, revocations or denials: property owners would be afforded the same hearing and appeal rights the business owner receives. The ordinance includes a recommended three-year moratorium on issuing a new business license at a property after certain enforcement actions; the presenter said that provision was recommended by a GAAPL representative and has precedent in other municipalities and case law the city's attorneys reviewed.
Outreach to the city's seven massage businesses produced direct contact with four respondents (including phone calls) who were generally supportive; a few suggested further measures, and one proposed a refundable application deposit (illustrative example only) that the presenter said would likely be impractical.
Council members asked clarifying questions about the intake sheet purpose, property-owner rights, and small-business cost impacts. Staff said the proposed ordinance was primarily intended to clarify procedures and due process rather than impose new burdens on legitimate practitioners.
What's next: staff indicated motion language to substitute the revised ordinance had been circulated and is available for the council meeting packet.
