HomeMy WebLinkAboutOrd 16891
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ORDINANCE NO, 1689
ORDINANCE OF THE CITY OF BURLINGAME AMENDING SECTION 6.40.115
TO ALLOW THE RELEASE OF A SURETY BOND FOR A MASSAGE
PERMITHOLDER AFTER TWENTY-FOUR MONTHS OF LAWFUL OPERATION
UNDER THE PERMIT
The CITY COUNCIL of the CITY OF BURLINGAME does hereby ordain as follows:
Section 1. In 1993, the City adopted a comprehensive ordinance to regulate massage
practitioners in the City because many massage operations had been seized by organized crime
and were fronts for thievery and prostitution. The ordinance has been very successful, although
criminal elements continue to seek ways around the ordinance as reflected in other
communities' current problems in Santa Clara County.
However, the ordinance does place restrictions on the legitimate practice of massage as
well. A massage practitioner has requested the City Council to consider reducing the impact
on legitimate operators by limiting the requirement for a surety bond. This ordinance is in
response to that request and is based on a permitholder's conformance to State and local laws
while operating a massage business in the City over a demonstrated period of time. This
reduction is subject to change by ordinance amendment at any time if this reduction is used by
criminal elements to bring illicit massage operations back to the City.
Section 2. Section 6.40.115 is amended to read as follows:
6.40.115 Surety bond.
(a) Every applican
t for an operator's permit shall post with the city clerk, a surety in the
principal sum amount of ten thousand 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
said any investigation or other proceedings related to said suspension or revocation.
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(b) If a holder of a permit under this chapter successfully 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.
Section 3. This ordinance shall be published as required by law.
Mayor ,
I, ANN T. MUSSO, City Clerk of the City ofBurlingame, do hereby certify that
the foregoing ordinance was introduced at aregular meeting of the
City Council held on the 20th
day of May, 2002, and adopted thereafter at a regular meeting of the City Council held on the
3rd day of June, 2002, by the following vote:
AYES: COUNCILMEMBERS: BAYLOCK, COFFEY, GALLIGAN, JANNEY, O'MAHONY
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
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City Clerk