A new Santa Barbara ordinance will force massage establishments and therapists to pay more fees and comply with new requirements.

The ordinance passed the City Council in a 5-1 vote on Tuesday, with Councilman Oscar Gutierrez voting against it and Councilman Mike Jordan recusing himself because his household includes a masseuse.

Gutierrez said he feared it could be “weaponized” against businesses.

“I just know that in the past there have been certain businesses when they got accused or faced with certain repercussions, they took it out on their competition,” Gutierrez said. “So I’m worried this will encourage that.”

Santa Barbara Police Chief Kelly Gordon said they tried to craft the ordinance in a way that gives them the enforcement tools to deal with bad actors and protect law-abiding establishments.

“This is really meant so we have the tools to deal with those that bring disgrace to the profession and doubt to the profession,” Chief Gordon said, “because it is a very needed and very well-established profession.”

The ordinance increases permit fees and requires annual and unannounced inspections, as well as live scan fingerprinting for certain employees. 

It also would require new therapists to get certified by the California Massage Therapy Council, which includes training for 500 hours. 

Under the ordinance, there are two pathways for massage therapists. The first is the indefinite exemption certificate, which is known as the grandfathering permit, for those with 10-plus years of experience in the city and proof of at least 200 hours of certified training and live scan fingerprinting. They will be able to operate indefinitely without the CAMTC certification.

The second option is the limited exemption certificate, which is for those with less than 10 years of experience or are recent massage school graduates. They will need proof of 200 hours of certified training and live scan and don’t have to get the CAMTC certification until Jan. 1, 2030. 

Councilwoman Kristen Sneddon asked for the city to further research the 10-year requirement to make the ordinance more inclusive. 

Originally for non-CAMTC certified owners, all staff would have to undergo live scan fingerprinting, which raised a lot of concerns about the privacy and safety of immigrant workers. 

Now, only non-CAMTC certified owners, managers and those with limited exemption certificates will undergo fingerprinting, as well as staff members who have an enhanced screening order. 

Inspections for home-based establishments will occur biannually with consent, and storefront inspections will happen annually. Unannounced inspections will happen only if there is a complaint about an establishment. Law enforcement does need consent before home-based inspections.

The fees for the permits have gone down since the ordinance was first proposed earlier this year.

Originally, massage establishments were going to have to pay $375 but now will have to pay $250 annually. Sole proprietors in home-based establishments were going to have to pay $275 but now will have to pay $150 biannually. 

Santa Barbara police Cmdr. Ben Ahrens said that since 2021, the department has investigated 32 cases involving massage establishments and providers. Those cases consisted of reports of fondling, rape, sexual battery, sodomy and prostitution. 

Out of the 32 cases, 20 have resulted in arrests or have been referred to the Santa Barbara County District Attorney’s Office, and two remain active and open. 

Additionally, 19 out of the 32 cases involved establishments or employees operating without a permit. 

During Tuesday’s meeting, resident Dirk Langer spoke in opposition of the ordinance. 

“The proposed ordinance will shut down most Asian businesses as it becomes unaffordable,” Langer said. 

He added that he had more than 100 signatures from customers opposing the ordinance. 

Sarah Lozier, a local massage therapist, argued that the additional regulations won’t actually stop illegal activity and will burden practitioners. 

“These burdens should be justified by evidence of meaningful public safety benefits, not simply by the intention to achieve them,” Lozier said.

However, a handful of massage therapists spoke in favor of the ordinance and the effort to prevent bad actors.  

Tova Morrison, a massage therapist since 1984, proudly showed the council her multiple CAMTC certifications. 

“I support this. I think if you do not have certification by the California Massage Therapy Council and your city licenses year after year, then you should not be doing massage in Santa Barbara,” Morrison said.

She added that she believes the ordinance is important for protecting clients and therapists.

Overall, the council was supportive of the ordinance and the goal to prevent sexual violence.

“The main thing for me is, whatever tools we can use to stem the tide of human trafficking, I think is something we have to embrace,” Mayor Randy Rowse said.