# Board of Supervisors Minutes: June 6, 2023

- Meeting date: 2023-06-06
- Document type: minutes
- Source format: PDF
- Extracted pages: 56
- [Canonical HTML transcript](https://sfbos.info/documents/930/2023-06-06-minutes)
- [Authoritative City source](https://sfgov.legistar.com/View.ashx?M=M&ID=1106458&GUID=C97A0C21-07DC-4E68-878A-1459581BA3F4)

> This text was extracted for search and accessibility. The linked City source is the authoritative public record.

## Structured legislative records

### File 221160: Health Code - Massage Permit Requirements

- Pages: 4-5
- Sponsors: Mandelman; Ronen
- Vote 1: final-passage, likely final
  - Action: e California Massage Therapy Council; remove certain departments (Building Inspection, Police, Fire) from the list of departments that the Department of Public Health (DPH) must notify regarding new Massage Establishment permit applications, and remove all notification requirements to departments in cases of change in ownership of Massage Establishments or Sole Practitioner Massage Establishments; remove the requirement that departments receiving notice of new Massage Establishment permit applications conduct inspections with written findings of the applying massage establishment; allow Massage Establishments to install an exterior door keyless lock system upon prior DPH approval and upon providing DPH with a valid and up-to-date access code; remove from the Health Code the inoperative local application process for new Massage Practitioner permits; include solicitation of lewd conduct or prostitution by Massage Practitioners as conduct subject to penalty under this Article; and clarify that violations of certain sections of the Health Code regulating Massage Practitioners are also subject to enforcement as public nuisances. Ordinance No. 105-23 FINALLY PASSED by the following vote:
  - Ayes: Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Safai, Stefani, Walton
  - Excused: Ronen

### File 230192: Planning Code - Landmark Designation Amendment - 429-431 Castro Street (the Castro Theatre)

- Pages: 5-6
- Sponsors: Mandelman
- Vote 1: amendment
  - Action: dmark Designation for Landmark No. 100, 429-431 Castro Street (the Castro Theatre), Assessor’s Parcel Block No. 3582, Lot No. 085, under Article 10 of the Planning Code, to list the exterior features that should be preserved or replaced in kind, to add interior features to the designation, and to capture the property’s full historical significance; affirming the Planning Department’s determination under the California Environmental Quality Act; and making public necessity, convenience, and welfare findings under Planning Code, Section 302, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Historic Preservation Commission) (Supervisor Melgar dissented in Committee) Supervisor Mandelman, seconded by Supervisor Safai, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 4, Line 1, through Page 5, Line 13, by striking the entire ‘Section 3. Auditorium Seating Findings.’; on Page 8, Line 2, by changing ‘fixed theatrical seating configured in the movie-palace style’ to ‘presence of seating’; and making other clarifying and conforming changes. The motion carried by the following vote:
  - Ayes: Dorsey, Engardio, Mandelman, Melgar, Safai, Stefani
  - Noes: Chan, Peskin, Preston, Walton
  - Excused: Ronen
- Vote 2: first-reading
  - Action: (Supervisor Peskin voted No on First Reading.) PASSED ON FIRST READING AS AMENDED by the following vote:
  - Ayes: Chan, Dorsey, Engardio, Mandelman, Melgar, Preston, Safai, Stefani, Walton
  - Noes: Peskin
  - Excused: Ronen

## Extracted text

### [Page 4](https://sfbos.info/documents/930/2023-06-06-minutes#page-4)

Board of Supervisors                             Meeting Minutes                                               6/6/2023




REGULAR AGENDA


UNFINISHED BUSINESS


Recommendation of the Public Safety and Neighborhood Services Committee


221160 [Health Code - Massage Permit Requirements]
            Sponsors: Mandelman; Ronen
            Ordinance amending the Health Code to exempt applicants for Massage Establishment, Sole
            Practitioner Massage Establishment, and Outcall Massage Service permits from fingerprinting
            requirements if the applicant holds a valid license issued by the California Massage Therapy Council;
            remove certain departments (Building Inspection, Police, Fire) from the list of departments that the
            Department of Public Health (DPH) must notify regarding new Massage Establishment permit
            applications, and remove all notification requirements to departments in cases of change in
            ownership of Massage Establishments or Sole Practitioner Massage Establishments; remove the
            requirement that departments receiving notice of new Massage Establishment permit applications
            conduct inspections with written findings of the applying massage establishment; allow Massage
            Establishments to install an exterior door keyless lock system upon prior DPH approval and upon
            providing DPH with a valid and up-to-date access code; remove from the Health Code the inoperative
            local application process for new Massage Practitioner permits; include solicitation of lewd conduct
            or prostitution by Massage Practitioners as conduct subject to penalty under this Article; and clarify
            that violations of certain sections of the Health Code regulating Massage Practitioners are also
            subject to enforcement as public nuisances.
            Ordinance No. 105-23
            FINALLY PASSED by the following vote:
                 Ayes: 10 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Safai, Stefani, Walton
                 Excused: 1 - Ronen




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### [Page 5](https://sfbos.info/documents/930/2023-06-06-minutes#page-5)

Board of Supervisors                              Meeting Minutes                                                  6/6/2023




Recommendation of the Land Use and Transportation Committee


Appointment of President Pro Tempore
            At the request of President Peskin, Supervisor Walton assumed the chair at 2:11 p.m. so the
            President could participate in the debate on File No. 230192 from the floor.

            The President resumed the chair at 2:16 p.m.


230192 [Planning Code - Landmark Designation Amendment - 429-431 Castro Street (the
       Castro Theatre)]
            Sponsor: Mandelman
            Ordinance amending the Landmark Designation for Landmark No. 100, 429-431 Castro Street (the
            Castro Theatre), Assessor’s Parcel Block No. 3582, Lot No. 085, under Article 10 of the Planning
            Code, to list the exterior features that should be preserved or replaced in kind, to add interior features
            to the designation, and to capture the property’s full historical significance; affirming the Planning
            Department’s determination under the California Environmental Quality Act; and making public
            necessity, convenience, and welfare findings under Planning Code, Section 302, and findings of
            consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1.
            (Historic Preservation Commission)
            (Supervisor Melgar dissented in Committee)
            Supervisor Mandelman, seconded by Supervisor Safai, moved that this Ordinance be AMENDED, AN
            AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 4, Line 1, through Page 5, Line 13, by
            striking the entire ‘Section 3. Auditorium Seating Findings.’; on Page 8, Line 2, by changing ‘fixed
            theatrical seating configured in the movie-palace style’ to ‘presence of seating’; and making other
            clarifying and conforming changes. The motion carried by the following vote:
               Ayes: 6 - Dorsey, Engardio, Mandelman, Melgar, Safai, Stefani
               Noes: 4 - Chan, Peskin, Preston, Walton
               Excused: 1 - Ronen
            (Supervisor Peskin voted No on First Reading.)
            PASSED ON FIRST READING AS AMENDED by the following vote:
                 Ayes: 9 - Chan, Dorsey, Engardio, Mandelman, Melgar, Preston, Safai, Stefani, Walton
                 Noes: 1 - Peskin
                 Excused: 1 - Ronen




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