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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 - 1 - §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 - 2 - 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- - 3 - 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: - 4 - (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 - 5 - 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. - 6 - (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. - 7 - (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 - 8 - 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 - 9 - 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