New rules rub massage businesses the wrong way

Jennifer Kho

COSTA MESA -- While some massage business owners say their concerns

about a new ordinance have been assuaged after an explanatory meeting

with police last week, others say they still oppose the changes.

“I thought it was a very positive exchange,” said Sgt. Robert

Phillips, who works in the Costa Mesa Police Department’s vice and

narcotics unit.

Council members gave preliminary approval Feb. 7 for a revision to the

city’s 2-year-old massage ordinance.

That ordinance, passed to crackdown on prostitution houses fronting as

massage parlors, requires masseuses to go through a rigorous licensing

process to practice in the city.

But it had a loophole: Employees for state-licensed practitioners,

including acupuncturists and chiropractors, did not have to get a city

license. And police say they have received numerous complaints --

verified by undercover investigations -- about prostitution in those

businesses too.

An initial revision to the ordinance, unanimously approved Jan. 15,

was replaced instead of getting its final approval Feb. 7.

Licensed masseuses say they were concerned that first change -- which

would have required brighter lights and allowed massage rooms to have

only partial, hinged doors or curtains -- would hurt legitimate business.

The revision also would have expanded the licensing process to include

employees for state-licensed practitioners, as well as including

acupuncturists and chiropractors.

Massage businesses said they were concerned that all employees,

including receptionists and custodians, would also be required to take

the test.

In response to those concerns, city staff drafted the second revision,

which will expand the licensing process to include business operators and

managers, but will not include all employees.

The latest change also would increase the training hours to 500, limit

hours of operation, restrict massage parlors to using only white lights

-- but not necessarily brighter ones than the original ordinance -- and

allow them to continue to use doors that cannot be locked.

Pat Edwards, owner of Kneaded Touch, a city-licensed massage business,

previously had strong concerns about the ordinance but now said she

thinks it’s “going to be good.”

“I don’t feel the 500 hours is unreasonable to ask,” she said. “The

test was hard -- you have to study for it -- but I really think that’s a

good thing. They are trying to weed out prostitution, so they can’t have

a test that anyone can pass. Most professionals have a [licensing

process], and I think this is a step in the right direction because we

want to be looked at as professionals.”

But Tom Hewko, a chiropractor at Back Pain Clinic, said the ordinance

is unnecessary.

“They want to put the chiropractors in with the massage ordinance,

even though we’re state-licensed,” he said. “It’s hard enough to find

good, steady people in this business. This just tightens our availability

to hire people to work, plus we’re going to have to pay more as far as

salary because of the fees, and that is going to be passed on to the

customer. Right now, we’re offering a service for the masses.”

Hewko said he opposes the 500 hours of training and thinks 100 hours

would be sufficient, particularly because therapists work with a licensed

doctor and already go through extra training at the Back Pain Clinic.

Hewko said he is also against the restricted hours of operation,

saying that customers often come in for a massage after work and that he

doesn’t think the measure will reduce prostitution because prostitutes

can work at any time.

The council is scheduled to consider final approval for the second

revision March 5.