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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 14, 2011 7:00 o'clock p.m. _____________________________________________________________________________________ Page 10 of 22 (9. MASSAGE THERAPY LICENSE REQUIREMENTS, Continued) of organizations that cannot do background checks. The City Attorney has indicated the City does have the ability under their licensing regulations to conduct background checks. Mattick stated background checks are common for massage centers, but that Staff could conduct a survey of the surrounding communities to see whether they perform background checks if the Council wishes. Mattick noted not every community requires a background check for employees of massage centers and that they could draft up some preliminary language. Bremer stated she does not see anything wrong with background checks since it increases public safety but that she does want to avoid a situation where the City is over-regulating. Bremer commented that it might be best to do a survey of the surrounding communities to see what their practice is. Part of the licensing process is that the customer receives some assurance the person meets certain standards. McMillan concurred the licensing process gives some assurance to the customer and that her initial concern with the ordinance was licensing individual massage therapists and how that might be too onerous. McMillan indicated in her view massage centers should be licensed. Mattick noted similar to tobacco or liquor licenses, the City has the ability to conduct compliance checks regardless if a background check is required. Bremer commented that it may not be necessary to ask the surrounding communities as long as the City Attorney knows there are some other cities that require background checks. Mattick indicated he is not sure of specific cities. Mattick pointed out that a background check does not guarantee that something will not happen but that it is one additional step that can be taken. The City is only conducting a background check on the employer currently, which may be enough, and that it comes down to whether the City feels it needs the additional background checks on the employees. Police Chief Farniok stated it was a concern that was raised recently that if the City is going to license massage centers, whether the City has an obligation to conduct background checks of people who will be actually performing the massages. Farniok indicated the background checks of employees would be one additional measure of safety. Curtis asked if this is a business that can do background checks of their employees. Bremer indicated she does not have that information available at the meeting, but that typically employers who deal with mental health issues, schools, or counselors are required to run background checks of their employees. School bus companies are not required to run background checks. Depending on the type of business, some companies can go back ten years, some can go back seven years, and some can consider DWIs. Bremer indicated the private sector undergoes a different type of analysis depending on the type of employment. Bremer stated in this instance the City is attempting to prevent someone convicted of a sexual assault or sexual crime from being a massage therapist. The question becomes whether or not the private employer will conduct a criminal background check. While many employers are aware of the opportunity to do that, they may not always take advantage of it since there is an additional charge that they would incur. Item #03 - CC Agenda - 03/28/2011 Approval of Council Minutes 03/14/2011[Page 10 of 22]