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HomeMy WebLinkAboutOrd 17502 3 4 5 6 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE No. 1750 ORDINANCE OE THE CITY OE BURLINGAME AMENDING CHAPTER 6.40 TO MORE CLEARLY REGULATE MASSAGE, SPA, AND BATHING ESTABLISHMENTS The City Council of the City of Burlingame ordains as follows: Section 1. In 1993, the City extensively amended its municipal code regulations governing the operation and conduct of massage and bathing establishments in the City. Those amendments have been largely successful in ensuring that legitimate massage practitioners are able to continue their work, while at the same time minimizing illicit and illegal conduct by others. This ordinance is intended to update those provisions and to ensure that any practice of massage is conducted in accordance with either State or City laws. These amendments make the City's provisions largely consistent with regulations in nearby cities, so that massage practitioners will be able have some certainty and consistency in the manner in which their businesses are regulated. Section 2. Chapter 6.40 is amended to read as follows: Sections: 6.40.010 6.40.020 6.40.030 6.40.035 6.40.040 6.40.050 6.40.055 6.40.060 6.40.070 6.40.080 6.40.090 6.40.100 6.40.105 6.40.110 6.40.115 6.40.120 6.40.130 2/22/2005 Chapter 6.40 MASSAGE, SPA, AND BATHING ESTABLISHMENTS Purpose. Permit required. Definitions. Corporations and partnerships. Application for permit. Exemptions from operator's permit requirements. Exemptions from massage practitioner permit requirements. Permit fee and investigation. Business license. Issuance or denial of permit. Appeal. Operating and sanitation requirements. Maintenance of insurance. Inspection by officials. Surety bond. Sale or transfer of establishment. Revocation or suspension of permits. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6.40.140 Display of signs and permits. 6.40.150 Notice of changes. 6.40.160 Renewal of permits. Section 6.40.010 Purpose. Itis the purpose and intent of the city council that the operation of massage, spa, bathing and other similar establishments and persons offering services therein, wherein the principal function is giving of massages and baths, as defined in this chapter, should be regulated in the interests of public health, safety and welfare by providing minimum building sanitation and health standards for such establishments, and to insure that persons offering services therein shall possess the minimum qualifications necessary to operate such businesses and to perform such services offered. It is farther intended that these provisions provide a framework that is consistent with regulations imposed by nearby communities on similar businesses. Section 6.40.020 Permit required. (a) It is unlawful for any person to operate, engage in, conduct, carry on, or permit to be operated, engaged in, conducted or carried on (as the owner of the business premises or in any other capacity) in or upon any premises within the city, the business of a massage, spa, bathing or other similar establishment, or an out call massage service, having massage or baths as their principal function, all as defined herein, unless the person has first obtained an operator's permit for such a business from the city and the permit remains in effect in accordance with the provisions of this chapter. (b) Itis unlawful for any person to act as a massage practitioner unless that person has first obtained a massage practitioner's permit from the city and the permit remains in effect in accordance with the provisions of this chapter. Section 6.40.030 Definifions. For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: 2/22/200.5 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (a) "Health officer" means the health officer of the County of San Mateo or the health officer's authorized representative. (b) "Massage" means any method of treating the external parts of the an body by bathing, rubbing, pressing, stroking, lrneading, tapping, pounding, vibrating or stimulating with the hands or any instrument. (c) "Massage, spa, bathing or other similar establishment" or "massage establishmenP' means any establishment having a fixed place of business where massages, baths or health treatments, involving massage, hot tubs, saunas, or baths as the principal function, are given, engaged in or carried on, or permitted to be given, engaged in or carried on in any manner described in Section 6.40.030(b). (d) "Massage practitioner" means any person who administers a massage, bath or health treatment involving massage or baths as a principal function to another person for any consideration whatsoever. (e) "Operator" means any person who owns or operates a massage, spa, bathing or similar establishment or an out call massage service. (f) "Out call massage service" mean s any business, in which the primary function of such business is to engage in or carry on mas sage treatments at a location designated by the customer or client and not at a fixed location. (g) "Person" means any individual, eapartnership, firm, association, corporation, joint venture, or combination of individuals. (h) "Recognized school" means any school or institution of learning which has been approved pursuant to division 7.5 of title 5 of the California Code of Regulations or an equivalent out-of-state school and which has for a purpose the teaching of a resident course of study of not less than five hundred (500) hours of theory, ethics, practice, methods, profession or work of massage, or baths or health practice with relation thereto, and which provides a diploma or certificate of graduation upon successful completion of such a course of study or learning. Schools offering a correspondence course not requiring attendance or courses taught solely by video tape or other electronic means shall not be deemed a recognized school. 2/22/2005 3 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Section 6.40.035 Corporations and partnerships. If an applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation together with the names and residence addresses of each of the officers, directors and each stockholder holding more than ten percent of the stock of the corporation. Each officer of the corporation or each partner in a partnership must submit an application and comply with 6.40.040. If one or more of the partners is a corporation, the provisions above pertaining to a corporate applicant apply Section 6.40.040 Application for permit. Any person, except as herein otherwise provided, desiring a permit to operate a massage, spa, bathing or similar establishment or an out call massage service, having massage or baths as their principal function, or to engage in the practice of giving massages or baths shall first make application therefor for permit under this chapter by filing with the license collector a sworn application in writing on a form to be furnished by the license collector which shall give the following information; an operator -massage practitioner may make a single application and pay a single fee: (a) Name, residence, and telephone number; (b) The previous address of the applicant for the ten (10) years immediately prior to the present address of the applican t; (c) Social Security number and driver's license number, if any; (d) Birt h certificate or other written proof acceptable to the police department that the applicant is at least eighteen (18) years of age; (e) Fingerprints (taken by the police deparhnent for criminal history investigation) and three (3) port rait photographs at least two inches by two inches, taken within the last sixty (60) days immediately prior to the date of the fi ling of the application, showing the head and shoulders of the applicant in a clear and distinct manner; (f) Applicant's height, weight, color of eyes and hair; (g) Business, occupation or employment of the applicant for the ten (10) years 2/22/2005 4 2 3 4 5 6 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 immediately preceding the date of application; (h) The business license and permit history of the applicant for massage or similar businesses, whether individually or as a member or part of a corporation, partnership, or other business, wherever located. The history shall include a statement as to whether any previous permit or license in which the applicant was involved was revoked or suspended or any revocation or suspension is pending, and the reasons for the previous or proposed revocation or suspension. (i) If the application is for a massage practitioner permit, the name and address of the establishment where the applicant is to be employed and the name of the operator of the same; (j) Whether the applicant has ever been convicted of any crime, except misdemeanor traffic violations. For each such conviction, a statement shall be made giving the place and court in which the conviction occurred, the specific charge under which the conviction was obtained and the sentence imposed as a result of the conviction; (lc) Whether any previous employer or person while employed by or with the applicant has been convicted in a court of competent jurisdiction of an offense involving conduct which requires registration under California Penal Code subsection 290, or a violation of subsections 266(i), 311 through 311.7, 314, 315, 316, 318, 318.5, 318.6, or 647(a), (b), (d), (h), (i), or (k) of the Penal Code; (Z) A statement as to whether the applican t has applied to the city or any other city in the County of San Mateo for a massage establishment permit, operator's permit, out call massage permit, or massage practitioner permit in the past fi ve (5) years, the date of the application, and each name under which the application was made; (m) A copy of a diploma or certifi cate of graduation from a recognized school demonstrating the applicant's successful completion of a resident course of study of at least five hundred (500) hours of theory, ethics, practice, methods, profession, or work of massage, or baths or health practice with relation thereto ; provided, however, that an applicant for an operator's permit who will have no physical contact with customers or clients need not possess such a diploma or certificate; 2/22/2005 2 4 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (n) Such other identification and information necessary to discover the truth of matters hereinbefore specified as required to be set forth in the application; (o) A certificate executed under penalty of perjury from a medical doctor stating that the applicant has, within thirty (30) days immediately prior to the filing of the application, been examined and found to be free from any infectious, contagious or communicable disease capable of being transmitted through therapeutic massage; (p) A separately signed waiver and release authorizing the city and its authorized agents; and employees to obtain information and to conduct an investigation into the truth of the statements made on the application and the qualifications and record of the applicant; (q) A certificate from a medical practitioner appointed by the city that confirms the applicant's knowledge of physiology, anatomy, and technique relating to the field of massage therapy. The applicant's knowledge shall be tested in an examination and demonstration process provided that an applicant for an owner's permit who will have no physical contact with customers or clients need not possess such diploma or certificate; (r) If the application is for an operator's permit, proof of current errors and omissions or malpractice insurance in the amount of not less than five hundred thousand dollars ($500,000.00), either as to the establishment or through membership in a professional massage association that provides automatic malpractice insurance as a membership benefi t; (s) Current certification in cardiopulmonary resuscitation and first aid fr om the American Heart Association or the American Red Cross. (t) If the application is for an operator's permit, the name and address of the owner and lessor of the real property upon or in or from which the business is to be conducted. If the applicant is not the owner of the real property, the owner of the real property must sign and acknowledge the application. (u) If the application is for an operator's permit, a safety plan including, but not limited to, exterior lighting, parking lot security, an 2/22/2005 d emergency access to the establishment. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Section 6.40.050 Exemptions from operator's permit requirements. The permits required by this chapter for operators shall not apply to hospitals, nursing homes, sanitariums, or other healthcare facilities duly licensed by the State of California.. Section 6.40.055 Exemptions from massage practitioner permit requirements. The massage practitioner permit required by this chapter shall not apply to the following: (a) Physicians, surgeons, chiropractors, osteopaths, acupuncturists, and physical therapists duly licensed to practice in the State of California, but only when engaged in the practice for which they are so licensed and in accordance with the terms of the licensing. (b) Nurses duly registered by the State of California, but only when engaged in the practice for which they are so registered and in accordance with the terms of the registration. (c) Employees of hospitals, nursing homes, sanitariums, or other health care facilities duly licensed by the State of California, but only when engaged in the scope of their employment, and only at their place of employment at the health care facility, an d only within the scope of and in conforman ce with the State license. (d) Cosmetologists or barbers who are licensed by the State of California, but only when engaged in the practice for which they are so registered and in accordance with the terms of the registration. (e) Accredited elementary school, high school, or college coaches and trainers employed by a elementary, high school, or college, but only while acting within the scope of employment tD the school. (f) Trainers ofsemi-professional or professional athletic teams, but only while acting within the scope of employment to the team. Section 6.40.060 Permit fee and investigation. (a) All applications for initial permits shall be accompanied by an investigation fee in the sum of two hundred fifty dollars ($250), no part of which is refundable. Additional fees may 2/22/2005 2 4 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 be charged to cover costs of processing the applicant's fingerprints by the State of California and for the medical examiner's competency examination. (b) Upon receipt of a complete operator's application, the license collector shall refer the apFlication to the city planner, bung official, the fire department and the police department, each of which within a period of thirty (30) days from the date of filing the application shall inspect the premises proposed to be used as a massage establishment, interview the applicant or any other person and make any other investigation necessary to make a written recommendation to the police department; provided that the thirty (3 0) days may be extended for such period as may be necessary to obtain fingerprint records from the appropriate state agency. (c) Applications for massage practitioner permits shall be referred only to the police and planning departments. The planning department shall provide its findings to the police department within thirty (30) days of the filing of a complete application. Section 6.40.070 Business license. At the time of an initial application for an operator's permit, applicant shall also apply fox and furnish the information necessary to obtain a business license as required by Chapter 6.04 of this code. No business license shall be issued until the investigation under this chapter is completed and the permit to operate is approved. The business license shall then be issued upon payment of the business license fee as provided in Chapter 6.04 of this code. Section 6.40.080 Issuance or denial of permit. (a) Upon receipt of the investigation report s from each of the departments to whom the application has been referred, the police department shall issue the requested permit if all required information, including diplomas or certificates, has been furnished an d the reports filed fi nd that (1) The character of the applicant is satisfactory; (2) If the application is for an operator's permit, the establishment as proposed would comply with all and not violate any applicable laws, including, but not limited to, the city's 2/22/2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20' 21 22 23 24 25 26 27 28 building, fire, health and zoning regulations; (3) The applicant has not been convicted in a court of competent jurisdiction of an offense involving: (A) Conduct that requires registration under Penal Code section 290; or (B) Violations of Penal Code sections 266(i), 311, 311.1, 311.2, 311.3, 311.4, 311.5, 311.6, 311.7, 311.10, 311.11, 314, 315, 316, 318, 318.5, 318.6, 459, 518, or 647(a), (b), (d) or (h), or comparable provisions of the laws of any other state, the United States, or any other country; or (C) Any other offense involving sexual misconduct with a child. (4) The applicant has not been convicted of the use of force or violence upon another; (5) The applicant has not lrnowingly and with intent to deceive made any false, misleading or fraudulent oral or written statements in the permit application or to any person investigating the application. (6) The applicant does not have an infectious, contagious or communicable disease, and is not in violation of any federal, state or local health law or regulation. (7) The applicant for a mas sage practitioner permit has satisfactorily passed the competency examination. (8) The city has not denied a previous application by the applicant for an operator's or massage practitioner permit within the twelve (12) months immediately preceding the date of the application. (b) Thep shall be denied if all of the above findings cannot be made or if all of the information required is not supplied to the city. If denied, the reasons therefor shall be endorsed upon the application, and the police department shall notify the applicant of the disapproval with a copy of the application upon which the reasons have been endorsed by first class mail. Section 6.40.090 Appeal. If a permit is denied, applicant has ten (10) days from the date of mailing the notice 2/22/2005 E 2 4 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 within which to appeal to the city council by filing a written application for a public hearing wAh Lite clerk of the city. Notice and a public hearing shall be given as follows: (a) Upon receipt of the appeal, the city clerk shall set the matter for hearing before the council, at a regular meeting thereof, within thirty (30) days from the date of filing the appeal, and shall give written notice of the hearing to the applicant at the applicant's address set forth in the appeal by first class mail at least Yen (10) days prior to the hearing date. (b) On the date set, the council shall hear the matter, and may continue it from time to time before reaching a decision. If the council finds that the applicant has satisfactorily met all of the requirements of this chapter, it shall order the issuance of the permit and business license. If it finds that the requirements have not been met satisfactorily, it shall deny the permit. (c) All findings of the council shall be final and conclusive upon the applicant Section 6.40.100 Operating and sanitation requirements. All massage, spa, bathing or other similar establishments and out call massage services shall comply with the following operating and sanitation requirements: (1) Advertising. No massage establishment or out call massage service granted a permit under this chapter shall place, publish or distribute or cause to be placed, published or distributed, any advertising matter that describes or depicts any portion of the human body in a manner, or with the use of descriptive language, which would reasonably suggest to prospective patrons that any service is available other than those services described in Section 6.40.030(a) of this chapter. (b) Out Call Massage Service. Any person granted a permit pursuant to this chapter who provides services described in Section 6.40.030(a) at any hotel or motel, shall first notify the owner, manager or person in charge of the hotel or motel that the permittee intends to provide a massage service to a person or persons registered at the hotel or motel and give a copy of the person's permit to the owner, manager or person in charge. (c) List of Services. A massage establishment shall post a list of services in readily understood language in an open, public place on the premises of the establishment. No owner, 2/22/2005 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 operator, responsible managing employee, manager, employee, contractor, or permittee shall permit nor offer any massage services on the premises other than those posted on the list. (d) Sanitation and Conduct. All establishments shall comply with the following minimum sanitation requirements: (1) Employees and Massage Practitioners. All employees in a massage establishment and massage practitioners shall perform their work fully clothed, be clean and wear clean outer garments whose use is restricted to the establishment. Doors to dressing rooms, bathing rooms, and treatment rooms shall open inward, and shall not be locked. Draw drapes, curtain enclosures, or accordion -pleated closures are acceptable on all inner dressing and treatment rooms in lieu of doors. Separate dressing rooms and toilet facilities complying with the city building codes shall be provided for each sex. (2) Linens. All establishments shall be provided with clean, laundered sheets and towels in sufficient quantity and shall be laundered after each use thereof and stored in closed, sanitary cabinets. Heavy white paper may be substituted for sheets provided that such paper is used only once for each person and then discarded into a sanitary receptacle. Sanitary approved receptacles shall be provided for the storage of all soiled linens. (3) Facilities. At least one entrance door allowing acce ss to the establishment and any building it may be in, shall remain unlocked during business hours; notwithstan ding this provision, the facility shall also comply with exiting and entrance requirements of other applicable laws and regulations. All premises and facilities shall be maintained in a clean and sanitary condition, and shall be thoroughly cleaned each day of operation. The premises and facilities shall meet all code requirements of the city as to safety of the structure, adequacy of plumbing, heating, ventilation and waterproofing of rooms where showers, water or steam baths are given. (4) Patron Facilities. Patrons of the establishments shall be furnished with securable locker facilities, for which the patron has the control of the key, and security deposit facilities for the protection of their valuables. (5) Hours. Massage establishment operations shall be carried on or conducted, and the 2/22/2005 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 premises shall be open, only between the hours of 7:00 a.m. and 9:00 p.m. (6) Disabled Access. Each massage establishment shall be disabled accessible with restrooms available with disabled access. (7) Changing Rooms. Each massage establishment shall provide separate restroom and changing rooms for male and female patrons. (8) Lighting. Minimum lighting shall be at least one sixty (60) watt light in each enclosure where massage services are performed. The light switch for the interior lights in each enclosure will be within the enclosure. There shall be no light in the enclosure that is operated from outside the enclosure. There shall be no sound device (i.e., buzzer or bell) than can be operated from outside the massage enclosure. (9) Records. Each massage establishment shall keep a written record of the date and hour of each treatment; the name and address of each patron; the name of the massage therapist administering the treatment; and the type of treatment administered recorded on a patron release form. Such written record shall be open to inspection only by officials charged with the enforcement of this chapter and for no other purpose. Such records will be kept on the premises of the massage establishment for a period of two years from the date of service. (10) No Residential Use. No part of the massage establishment shall be used for residential or sleeping purposes. No cooking or food preparation will be allowed on the premises unless a full service kitchen is installed. Such kitchen will be for the sole use of employees, and will be installed in an employees -only area. The full service kitchen will have a minimum of a sink with hot and cold running water, a refrigerator, a stove, and sufficient cabinets to store cooking utensils. (11) Physical Contact. No employee, contractor, or mas sage practitioner shall make any intentional, occasional, or repetitive contact with the genitals, anus, or areola (nipple) of another person in the massage establishment or while providing massage serv ices. Section 6.40.105 Maintenance of insurance. The operator of a massage establishment shall maintain the insurance required pursuant 2/22/2005 12 2 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 to subsection 6.40.040(r) at all times that the massage establishment is open for business. If at any time no such insurance is in effect for the establishment, the establishment shall close for business and establishment's permit shall be automatically suspended. Section 6.40.110 Inspection by officials. The investigating officials of the city, including the health officer, shall have the right to enter the premises from time to time during regular business hours for the purpose of making reasonable inspections to observe and enforce compliance with the provisions of this chapter and building, fire, electrical, plumbing or health regulations. Section 6.40.115 Surety bond. (a) Each applicant for an operator's permit shall post with the city clerk, a surety in the principal sum amount often thousand dollars ($10,000) either in cash or executed as surety by a good and sufficient corporate surety authorized to do a surety business in the state of California and as principal by the applicant. The form of the bond shall have been approved by the city attorney and shall provide that should the applicant be issued a permit under this chapter which is subsequently suspended or revoked, the city shall be reimbursed from said bond for all costs of any investigation or other proceedings related to said suspension or revocation. (b) If a holder of an operator's permit under this chapter successfull y completes twenty-four (24), consecutive months in actual operation under the permit without any suspension of the permit or the filing of any criminal or civil complaint regarding operations under the permit by either a city attorney, a district attorney, the California Attorney General, or a United States Attorney, the permitholder may request the city to release the surety bond, which the city shall do upon verification that no such suspension or complaint filing has occurred during the period. However, if at any time following such a release of the surety bond, the city determines that the permitholder is conducting its operations in violation of this chapter, the chief of police may order the posting of a surety bond in accordance with subsection (a) above as a condition of continued operations under the permit. 2/22/2005 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Section 6.40.120 Sale or transfer of establishment. (a) Upon sale, transfer or relocation of a massage, spa, bathing or similar establishment, the permit shall not be transferable without the written approval of the chief of police and the finance director. An application for such a change shall be accompanied by a nonrefundable investigation fee of one hundred fifty dollars ($150) and provide all of the information required in Section 6.40.040. (b) A permit for an out call massage service or a massage practitioner is not transferable. Section 6.40.130 Revocation or suspension of permits. (a) Any massage, spa, bathing ox similar establishment permit, out call permit, or massage practitioner permit issued under this chapter shall be subject to suspension or revocation by the city manager for violation of, or for causing or permitting violation of, any provision of this chapter or for any grounds that would warrant the denial of such permits in the first instance. (b) Prior to the suspension ox revocation of any permit issued under this chapter, the permittee shall be entitled to a hearing before the city manager or the man ager's designated representative, at which time evidence will be received for the purpose of determining whether or not the permit shall be suspended or revoked or whether the permit may be retained. In the event the permit is suspended or revoked, the notification of the reasons for such suspension or revocation shall be set forth in writing and sent to the permittee by means of first class mail. The manager may impose conditions or restrictions on the permit in lieu of suspension or revocation to attempt to eliminate violations or nuisances that have been found. (c) In the event of suspension or revocation of any permit, the permitt ee may appeal to the city council in the manner as provided in Section 6.40.090. Section 6.40.140 Display of signs and permits. No person granted an operator's permit pursuant to this chapter shall begin operations until a recognizable and legible sign has been posted at the main entrance 2/22/2005 14 to the permit 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 premises. All permits granted shall bear the picture of the permittee and shall be posted within the establishment in a location immediately available for inspection for representatives of the city, including the permits for out call massage and massage practitioners. Out call massage permittee must have their permit bearing their pictures available for inspection at all times while providing out call massage services. No person granted a permit pursuant to this chapter shall operate under any other name or at any other location than that specified in the permit. Section 6.40.150 Notice of changes. All persons granted permits pursuant to this chapter shall report immediately to the city finance department and the police departrnent all changes of residence or business address or change of ownership of the establishment or service. Failure to give such notice within fifteen (15) days of the event shall render the permit null and void. Section 6.40.160 Renewal ofpermits. Each permit shall be renewed annually, no less than ninety (90) days prior to the anniversary date of its issuance. Any permit not renewed shall be null and void on such anniversary date. The investigation fee for renewals shall be one hundred dollars ($100), no part of which is refundable. Additional fees may be charged to cover costs such as processing fingerprints. Prior to permit renewal being granted the permittee shall: (1) Provide two photographs of passport size at least two inches by two inches showing the head and shoulders of the applicant in a clear an d distinct manner taken with the sixty (60) days immediately prior to fi ling the renewal application and current information concerning any changes to the facts set fort h in the initial or immediately prior renewal application; (2) Obtain anew certificate, dated within thirty (30) days of the renewal, fr om a medical doctor stating that the licensee is free from infectious, contagious or communicable diseases capable of being tran smitted through therapeutic massage; (3) Obtain clearance from Lite police department that the permittee has had no arrests or convictions for violations listed in subsection 6.40.080(a)(3) or (4) above since the permit was 2/22/2005 15 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 issued or last renewed. Upon complete submission of this information together with the required filing fee, Lite permit shall be renewed. Section 3. The provisions of Section 6.40.040(m) contained in this ordinance shall apply as follows until October 1, 2005: (a) Any person who can demonstrate to the satisfaction of the chief of police that the person has been practicing massage in the City of Burlingame for a continuous period of six (6) months before March 1, 2005, under the exemptions contained in Section 6.40.050 as it existed on February 1, 2005, need only provide proof that the person has successfully completed seventy (70) hours of training in a Recognized School in order to be granted a conditional massage technician's permit under chapter 6.40. As a condition of such a permit, the person shall be required to complete the required 500 hours of training at a Recognized School within twelve (12) months of the date of issuance of the conditional permit. (b) This conditional permit process shall not apply to any permit application received after October 1, 2005. (c) The requirements of section 6.40.040(m) shall not apply retroactively to any massage permit that was approved by the City of Burlingame before the effective date of this ordinance. Section 4. This ordinance shall be published as required by law. M �.- i or Y: I, DORIS MORTENSEN, City Clerk of the City of Burlingame, do hereby cert ify that the foregoing ordinance was introduced at a re gular meeting of the City Council held on the 7 day of February, 2005, and adopted thereaft er at a regular meeting of the City Council held on thC 22 day of February, 2005, by the following vote: 2/22/2005 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AYES: COUNCILMEMBERS: BALOCK, COFFEY, GALLIGAN, NAGEL, 0 MAHONY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE C:\FII.F,S\ORDINANC\massage2005.bpd. wpd 2/22/2005 17 City Clerk