HomeMy WebLinkAboutOrd 0988ORDINANCE NO. �3S&-
AMENDING CHAPTER 6.40 OE TITLE 6
OF THE BURLINGAME MUNICIPAL CODE,
PROVIDING FOR
PERMITS AND REGULATION OF MASSAGE,
BATHING AND HEALTH ESTABLISHMENTS
AND
PERSONS OFFERING SERVICES THEREIN
The City Council of the City of Burlingame does ordain
as follows:
Sections:
CHAPTER 6.40
MASSAGE,
BATHING AND HEALTH ESTABLISHMENTS
6.40.010
Section
l: Chapter
6.40 of Title 6 of the Burlingame
Municipal
amended to
read:
Code
is
Sections:
CHAPTER 6.40
MASSAGE,
BATHING AND HEALTH ESTABLISHMENTS
6.40.010
Purpose
6.40.020
Permit required
6.40.030
Definitions
6.40.040
Applications
6.40.050
Exemptions
6.40.060
Permit fee and exemptions
6.40.070
Business license
6.40.080
Issuance or denial of permit
6.40.090
Appeal
6.40.100
Operating and sanitation requirements
6.40.110
Inspection by officials
6.40.120
Masseur or masseuse permit
6.40.130
Operator of establishment - Exception
6.40.140
Application - Masseur or masseuse
6.40.150
Massage trainee permit - Temporary work
permit
6.40.160
Issuance or denial of permits for masseurs,
masseuses or trainees
6.40.170
Sale or transfer of establishment
6.40.180
Revocation or suspension of permits
6.40.190
Display of signs and permits
6.40.200
Notice of changes
6.40.210
Expiration of permits
6.40.220
Application to Existing establishments
6.40.230
Application to massage practioners
6.40.240
Violation and penalty
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§6.40.010 PURPOSE. It is the purpose and intent of
the City Council that the operation of massage, bathing, health
and other 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 build-
ing 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.
§6.40.020 PERMIT REQUIRED. It shall be unlawful for
any person to operate, engage in, conduct or 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 of Burlingame, the business of a massage,
bathing, health or other establishment, or an out call massage
service, having massage or baths as their principal function, all
as defined herein, unless a permit for such business has first
been obtained from the License Collector of the City and remains
in effect in accordance with the provisions of this Chapter.
66.40.030 DEFINITIONS. For the purpose of this Chap-
ter, the following words and phrases shall have the meanings res-
pectively ascribed to them by this section:
(1) "MASSAGE". Any method of treating the external
parts of the human body by bathing, rubbing, pressing, stroking,
kneading, tapping, pounding, vibrating, or stimulating with the
hands or any instrument.
(2) "MASSAGE, BATHING OR HEALTH ESTABLISHMENTS". Any
establishment having a fixed place of business where massages,
baths, or health treatments, involving massage or baths as the
principal function, are given, engaged in or carried on, or per-
mitted to be given, engaged in or carried on in any manner des-
cribed in §6.40.030(1).
(3) "OUT CALL MASSAGE SERVICE". Any business not
licensed as a massage, bathing, health or other establishment
under the provisions of this Chapter, in which the primary func-
tion of such business is to engage in or carry on massage treat-
ments at a location designated by the customer or client and not
at a fixed location.
(4) "MASSEUR OR MASSEUSE". 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.
(5) "MASSAGE TRAINEE". Any person currently enrolled
in a "recognized school."
(6) "RECOGNIZED SCHOOL". Any school or institution of
learning which has been approved pursuant to California Education
Code §29007.5 and which has for its purpose the teaching of a
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resident course of study o£ not less than 70 hours within at least
3 months of the theory, ethics, practice, methods, profession or
work of massage, or baths or health practice with relation there-
to, and which provides a diploma or certificate of graduation upon
successful completion of such course of study or learning.
(7) "PERSON". Any individual, copartnership, firm,
association, corporation, joint venture, or combination of
individuals.
(8) "HEALTH OFFICER". The Health Officer of the County
of San Mateo or his authorized representative.
56.40.040 APPLICATIONS. The applications for a permit
to operate a massage,bathing, health or other establishment or
an out call massage service, having massage or baths as their
principal function, shall set forth the exact nature of the mas-
sage or bath to be administered, the proposed place of business
and facilities therefor, and the name and address of each appli-
cant. In addition to the foregoing, any applicant shall furnish
the following information:
(1) The previous addresses of each applicant for the 3
yearsimmediately prior to the present address of the applicant.
(2) Written proof that the applicant is at least 18
years of age.
(3) Two portrait photographs at least 2" x 2 taken
within the last 60 days.
(4) Applicant's height, weight, color of eyes- and hair.
(5) Business, occupation, or employment of the appli-
cant for the 3 years immediately preceding the date of application
(6) The massage or similar business license history of
the applicant; whether such person, in previously operating in
this or another city or state under license, has had such license
revoked or suspended, the reason therefor, and the business acti-
vity or occupation subsequent to such action of suspension or
revocation.
(7) All criminal convictions except minor traffic
violations.
(8) Applicant must furnish a diploma or certificate of
graduation from a recognized school or other institution of learn-
ing wherein the method, profession and work of massage is taught;
provided, however, that if the applicant will have no physical
contact with his customer or clients he need not possess such
diploma or certificate of graduation from a recognized school or
other institution of learning wherein the method, profession and
work of massage is taught.
(9) Such other identification and information necessary
to discover the truth of the matters hereinbefore specified as re-
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quired to be set or in the application.
(10) Nothing contained herein shall be construed to
deny to the Chief of Police the right to take the fingerprints and
additional photographs of the applicant, nor shall anything con-
tained herein be construed to deny the right of said Chief of
Police to confirm the height and weight of the applicant.
(11) A certificate from a medical doctor stating that
the applicant has, within 30 days immediately prior to the filing
of the application, been examined and found to be free from any
infectious, contagious, or communicable disease.
(12) If the 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 10% of the stock of the corporation. If the applicant
is a partnership, the application shall set forth the name and
the residence address of each of the partners, including limited
partners. If one or more of the partners is a corporation, the
provisions of this section pertaining to a corporate applicant
apply.
§6.40.050 EXEMPTIONS. The permits required by this
Chapter shall not apply to hospitals, nursing homes, sanitariums,
medical clinics, health studios not engaged in bath or massage as
a principal function, to persons holding a currently valid certi-
ficate to practice the healing arts under the laws of the State
of California, nor to persons and employees working under the
direction of such persons or in such establishments.
§6.40.060 PERMIT FEE AND INVESTIGATION. All applica-
tions for initial permits to operate shall be accompanied by an
investigation fee in the sum of $100.00, no part of which
shall be refundable. Upon receipt of said application, the
License Collector shall refer the application to the City Planner,
Building Official, the Fire Department, the Police Department and
Health Officer, each of which within a period of 30 days from the
date of filing the application shall inspect the premises proposed
to be used as a massage establishment and shall make a written
recommendation to the License Collector concerning compliance with
the respective requirements.
§6.40.070 BUSINESS LICENSE. At the time of application
for a permit to operate, applicant shall also apply for and fur-
nish 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 is completed on the application
for a permit to operate is approved, and then it shall be issued
upon payment of the business license fee as provided in Chapter
6.04 of this Code together with the permit to operate.
§6.40.080 ISSUANCE OR DENIAL OF PERMIT. Upon receipt
of the investigation reports from each of the departments to whom
the application has been referred, the License Collector shall
issue such permit if all required information has been furnished
and the reports filed find that:
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(1) The character and responsibility of the applicant
is satisfactory.
(2) The operation of the establishment as proposed, if
permitted, would comply with all applicable laws, including, but
not limited to, the City's building, fire, health and zoning regu-
lations.
(3) The applicant has not been convicted in a court of
competent jurisdiction of:
(a) An offense involving conduct which requires
registration under California Penal Code §290, or vio-
lations of §§311 through 311.7, 314, 315, 316, 318, or
647(a), (b), (d) or (h) of the Penal Code.
(4) The applicant has not been convicted o£ the use of
force and violence upon another.
(5) The applicant has not knowingly and with intent to
deceive made any false, misleading or fraudulent statements of
facts in his application or any other documents required by the
City to be submitted in conjunction with the application.
The permit shall be denied if all of the above findings
cannot be made or if all of the information required is not sup-
plied to City. If denied, the reasons therefore shall be endorsed
upon the application, and the License Collector shall notify the
applicant of the disapproval with a copy of the application upon
which the reasons have been endorsed by first class mail.
§6.40.090 APPEAL. In the event a permit has been
denied, applicant shall have 10 days from the date of mailing the
notice within which to appeal to the City Council by filing a
written application for a public hearing with the Clerk of the
City. Notice and a public hearing shall be given as follows:
(1) Upon receipt of the appeal, the City Clerk shall
set the matter for hearing before the Council, at a regular meet-
ing thereof, within 30 days from the date of filing the appeal,
and shall give written notice of such hearing to the applicant at
his address set forth in the appeal by first class mail at least
10 days prior thereto.
(2) 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 the business license. If it finds that the re-
quirements have not been met satisfactorily, it shall deny the
permit and license.
(3) All findings of the Council shall be final and con-
clusive upon the applicant.
§6.40.100 OPERATING AND SANITATION REQUIREMENTS. All
massage, bathing, health or other establishments and out call
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massage services, as defined herein, shall comply with the follow
ing operating and sanitation requirements:
(1) Advertising. No such establishment or out call
massage service granted a permit under the provisions of 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 thos
services described in §6.40.030(1) of this Chapter.
(2) Out Call Massage Service. Any person granted a pe
mit pursuant to the provisions of this Chapter who provides ser-
vices described in §6.40.030(1) at any hotel or motel, shall firs
notify the owner, manager, or person in charge thereof that such
permittee intends to provide a massage service to a person or per
sons registered at the hotel or motel and give such owner, manage
or person in charge their permit number.
(3) Sanitation. All establishments shall comply with
the following minimum sanitation requirements:
(a) Employees, Masseurs, Masseuses and Trainees.
All employees, masseurs, masseuses and trainees shall
perform their work fully clothed, be clean, and wear
clean outer garments whose use is restricted to the
establishment. Doors to dressing rooms and treatment
rooms shall open inward, and may 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 of
Burlingame building code shall be provided for each
sex.
(b) 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 a sanitary manner. No towels, sheets,
clothes or other linens shall be laundered or dried in
any establishment unless it is provided with approved
laundry facilities as prescribed in the Burlingame
Municipal Code. 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 pro
vided for the storage of all soiled linens.
(c) Facilities. All premises and facilities used
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 require
ments of City as to safety of the structure, adequacy
of plumbing, heating, ventilation, and water -proofing
of rooms where showers, water or steam baths are given.
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(d) Patrons. Patrons of the establishments shall
be furnished with dressing room and locker facilities,
and security deposit facilities for the protection of
their valuables.
§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 building, fire, electrical,
plumbing, or health regulations. In the event any applicant has
an infectious, contagious, or communicable disease, or if the
applicant is in violation of any federal, state or local health
law or regulation, the application may be denied. In the event
a permit has been issued, it may be revoked or suspended in the
manner hereinafter set forth in this Chapter.
§6.40.120 MASSEUR OR MASSEUSE PERMIT. Any person who
engages in the practice of giving massages or baths as herein de-
fined, including a trainee, shall file an application with the
License Collector upon a form provided and shall pay a filing fee
of $15.00, which shall not be refundable.
§6.40..130 OPERATOR OF ESTABLIBHMEP7T - EXCEPTION. A
diploma from a recognized sohool as defined herein, will not be
required by the operator of a massage, bathing or health estab-
lishment or for any employee where such operator or employee does
not give a massage or bath as defined herein.
§6.40.140 APPLICATION - MASSEUR OR MASSEUSE. The
application for a masseur or masseuse permit shall contain the
following:
(1) Name, residence address, and telephone number.
(2) Social Security number and driver's license
number, if any.
(3) Applicant's weight, height, color of
hair and
eyes.
(4) Written evidence that the applicant is at least
18 years of age.
(5) Business, occupation or employment of the appli-
cant for the 3 years immediately preceding the date of applica-
tion.
(6) The name and address of the establishment where
the applicant is to be employed, and the name of the owner or
operator of the same.
(7) Whether such person has ever been convicted of any
crime, except misdemeanor traffic violations. If any person men-
tioned in this subsection has been so convicted, a statement must
be made giving the place and court in which such conviction was
had, the specific charge under which the conviction was obtained
and the sentence imposed as a result of such conviction.
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(8) The name and address of the recognized school
attended, the date attended and a copy of the diploma or certi-
ficate of graduation awarded the applicant showing the applicant
has completed not less than 70 hours of instruction, or written
and verified proof that applicant has had at least one (1) year's
experience in the profession, work and method of massage as of
the effective date of this ordinance. The latter experience shal
be acceptable in lieu of the diploma if such applicant has been
engaged in massage work for at least one (1) year upon the effect
ive date of this ordinance.
(9) The Chief of Police shall have the right to take
fingerprints and a photograph of the applicant and the right to
confirm the information submitted.
(10) A certificate from a medical doctor stating that
applicant has, within 30 days immediately prior to the filing of
the application, been examined and found to be free from any in-
fectious, contagious or communicable disease.
§6.40.150 MASSAGE TRAINEE PERMIT - TEMPORARY WORK
PERMIT. A trainee permit shall be issued to a massage trainee
no later than 30 days after application upon qualifying therefor
under the provisions of this chapter and by currently attending
a recognized school.
A temporary work permit shall be issued to a trainee
applicant upon receipt of an initially satisfactory police inves-
tigation no later than 10 days after the application is filed.
No trainee shall engage in, or be employed in, massage practice
until a temporary work permit has been issued. Upon issuance or
denial for cause of the trainee permit, the temporary work permit
shall be revoked.
The application for the temporary work permit and
trainee permit shall be filed with a non-refundable $15.00 filing
fee and shall contain the following:
(1) All of the information required of a masseur or
masseuse set forth in §6.40.140(1) through (7), (9) and (10).
(2) A letter from the owner, manager or director of
the recognized school showing that the applicant is currently
enrolled in a course of study of at least 70 hours of instruction
which will lead to a diploma or certificate.
(3) A letter from the owner, manager or director of a
massage, bathing or health establishment stating his willingness
to employ the applicant during the period of time the applicant
is attending the recognized school, and upon issuance of the
temporary work permit.
The trainee permit shall be valid for 3 months or until
the trainee has completed 70 hours of instruction in a recognized
school, whichever occurs first. Upon satisfactory proof of suc-
cessful completion of the course of instruction, the trainee shal
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then be entitled to a masseur or masseuse per without further
application or payment of fee.
§6.40.160 ISSUADTCE OR DENIAL OF PERMITS FOR MASSEURS,
MASSEUSES, OR TRAINEES. Investigations of all such applications
shall be conducted in the same manner as provided in §6.40.060
and a permit shall be issued if applicant meets the findings of
§6.40.080(1) and (3) through (5). It shall be denied if such
findings are not met. If the permit be denied, applicant may
appeal in accordance with §6.40.090.
§6.40.170 SALE OR TRANSFER OF ESTABLISHMENT. Upon
sale, transfer or relocation of a massage, bathing or ealth
establishment or an out call massage service, the permit and
business license shall not be transferable without the written
approval of the License Collector. An application for such chang
shall be accompanied by a non-refundable investigation fee of
$100.00 and provide all of the information required in 56.40.080.
§6.40.180 REVOCATION OR SUSPENSION OF PERMITS. Any
massage, bathing or health establishment permit, out call massage
permit, and masseur or masseuse or trainee permits issued under
this Chapter shall be subject to suspension or revocation by the
City Manager for violation of, or for causing or permitting vio-
lation of any provision of this Chapter or for any grounds that
would warrant the denial of such permits in the first instance.
Prior to the suspension or revocation of any permit
issued under this Chapter, the permittee shall be entitled to a
hearing before the City Manager or his designated representative,
at which time evidence will be received for the purpose of deter-
mining whether or not such 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 and reasons for such
suspension or revocation shall be set forth in writing and sent
to the permittee by means of first class mail.
In the event of suspension or revocation of any permit,
the permittee may appeal to the City Council in the same manner
as provided in §6.40.090.
5
6.40.190 DISPLAY OF SIGNS AND PERMITS. No person
granted a permit pursuant to this Chapter shall begin operations
until a recognizable and legible sign has been posted at the
main entrance to the permit premises. All permits granted shall
bear the picture of the permittee and shall be posted in a con-
spicuous place within the establishment, including the permits
for out call massage, masseurs, masseuses and trainees. Out call
massage permittees must have their permit bearing their picture
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 loca-
tion than that specified in the permit.
§6.40.200
NOTICE OF
CHANGES. All persons granted per-
mits pursuant
to
this
shall
report immediately to the
Chapter
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License Collector all changes of address, transfers of masseurs,
masseuses, and trainees, transfers of other employees, or change
of ownership of the establishment or service.
§6.40.210 EXPIRATION OF PERMITS. Any permit granted
pursuant to this Chapter shall expire on June 30, 1974, or the
first anniversary of its issuance, whichever occurs first, unless
sooner revoked. Unrevoked permits may be renewed on an annual
basis thereafter upon written application to the License Collector
made at least 30 days before the expiration date. The applica-
tion shall include all changes of information from that in the
previous initial or renewed permit. Each renewal application
shall be accompanied by a non-refundable investigation fee of
$10.00 for renewal thereof.
§6.40.220 APPLICATION TO EXISTING ESTABLISHMENTS. All
operators of existing massage, bathing, health or other establish-
ments offering massages and baths and operators of out call mas-
sage services shall comply immediately with all provisions of this
Chapter by the effective date hereof; except that those now hold-
ing permits or business licenses granted under the provisions of
Chapter 6.04 of this Code shall have until June 30, 1974, or the
first anniversary date of their permit or license, whichever
occurs first, to comply with the permit application requirements
of this Chapter. Upon such date, applications therfor shall be
deemed to be initial applications under 56.40.040 and 56.40.060
and not renewals under §6.40.210.
§6.40.230 APPLICATION TO MASSAGE PRACTITIONERS. All
persons engaged in giving massage, bathing, and health treatments,
as defined herein, within the City of Burlingame upon the effect-
ive date of this Chapter shall comply immediately with all re-
quirements by filing necessary application therefor, paying the
investigation fee and qualifying under the provisions of this
Chapter.
5
6.40.240 VIOLATION AND PENALTY.
(1) Every person, except those per
who are speci-
fically exempted by this Chapter, whether acting as an individual,
owner, employee of the owner, operator or employee of the operator
or whether acting as a mere helper for the owner, employee or
operator, or acting as a participant or worker in any way, who
gives massages or conducts a massage, bathing or health establish-
ment or who in conjunction with the establishment gives or
administers, or practices the giving or administering of massages
or baths as defined herein or any of the services defined in
§6.40.030(1) of this Chapter without first obtaining a permit and
paying the fee so to do from the City of Burlingame or shall vio-
late any provisions of this Chapter shall be guilty of a misde-
meanor.
(2) Any owner, operator, manager or .permittee in charg
or in control of a massage, bathing or health establishment who
knowingly employs a person performing as a masseur or masseuse or
trainee as defined in this Chapter, who is not in possession of a
valid, unrevoked permit, or who allows such a masseur or masseuse,
or trainee to perform, operate or practice within such a place of
business without a valid, unrevoked permit is guilty of a mis-
demeanor. Upon conviction, such person shall be punished by a
fine not to exceed $500.00 or by imprisonment in the County Jail
£or a period not to exceed 6 months, or by both such fine and
imprisonment.
Section 2: SEVERABILITY. If any section, subsection,
subdivision, paragraph, sentence, clause or phrase of this
Chapter or any part thereof, is for any reason held to be uncon-
stitutional or invalid, or ineffective by any court of competent
jurisdiction, such decision shall not affect the validity or
effectiveness of the remaining portions of this Chapter or any
part thereof. The City Council hereby declares that it would
have passed each section, subsection, subdivision, paragraph,
sentence, clause or phrase thereof irrespective of the fact that
any one or more sections, subsections, subdivisions, paragraphs,
sentences, clauses or phrases be declared unconstitutional or
invalid or ineffective.
Section 3: PUBLICATION. This Ordinance shall be
published once as required by law.
MAYOR
I, HERBERT K. WHITE, City Clerk o£ the City of
Burlingame, do hereby certify that the foregoing Ordinance was
introduced at a regular meeting of the City Council held on the
21st day of May , 1973, and adopted thereafter
at a regular meeting of the City Council held on the 4th day
of June 1973, by the following vote:
AYES: COUNCILMEN: Aznstrup, Crosby, Cuszeh, Mangini, Maxt?n
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Norge
CITY CLERK