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HomeMy WebLinkAboutOrd 0932ORDINANCE NO. 932 AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF BURLINGAME BY ADDING CHAPTER 6.40 (Regulations for Massage Establishments, Massage Services and Public Bath Houses) to Title 6 as follows: (BUSINESS LICENSES AND REGULATIONS) The City Council of the City of Burlingame does ordain Section 1. The Municipal Code of the City of Burlin -- game is hereby amended by adding a new Chapter 6.40 (Regulations for Massage Establishments, Massage Services and Public Bath Houses) to Title 6 (Business Licenses and Regulations) which shall read as follows: °'Chapter 6.40 Regulations for Massage Establishments, Mas- sacre Services and Public Bath Houses Sections 6.04.010 Definitions. 04 015 Permit Required. 6.04.020 DEFINITIONS. Application for Permit. 6.04.025 this Inspections. Revocation, or Suspension of Permit. 6.04.030 Employment of Minors Prohibited. 6.04.040 Sale or Transfer 6.04.050 Name and Place of Business. 6.04.060 Daily Register. 6.04.070 DEFINITIONS. Display of Permit. 6.04.080 purpose of this Inspections. 6.04.090 Licenses and Permits. 6.04.100 D4isdemeanors � 6.04.010. (a) "Massage." DEFINITIONS. For the purpose of this Chapter, the fol- lowing words and phrases shall mean or include: Pressure on, or friction against, stroking and kneading the body by manual or mechanical means under the direct operation of the operators. (b) "Massage Establishment." Any establishment wherein the primary function is such that massage is given, -1- engaged in, or carried on, or permitted to be given, engaged in or carried on. (c) "Outcall Massage Service." Any business, not li- censed as a massage establishment under the provisions o£ this Chapter, wherein the primary function is such that Massage is given, engaged in, or carried on, or permitted to be given, engaged in, or carried on. (d) "Masseur or Masseuse." Any person who engages in the practice of Massage as herein defined, including trainees. (e) "Public Bath House." Any place open to the public wherein Russian, Turkish, Finnish, Swedish, Hot Air, Vapor, Electric Cabinet, or baths of any kind whatever are given or furnished, the primary function of which is to furnish the above services, provided that such term shall not include ordinary tub baths where an attendant is not required. (f) "Person." Any individual, copartnership, firm, association, joint stock company, corporation, or combination of individuals of whatever form or character. (g) "Employee." Shall include all persons paid di- rectly by the permittee on a monthly, weekly or hourly basis except that persons, other than Masseurs or Masseuses, rendering service as an independent con- tractor shall not be deemed an employee within the meaning of this Chapter. The foregoing definitions shall not include hospitals, nursing homes, sanitaria, persons holding an unrevoked certificate to practice the healing arts under the laws of the State of California, or persons working under the direction of any such persons or in any such estab- lishments. (h) "Health Officer" The term "health officer" shall _2_ mean the director of public health .and welfare of San Mateo County, or his duly authorized representa- tive. (i) "Department of Public Health." The term '°Depart- ment of Public Health" shall mean the San Mateo County Department of Public Health and Welfare, which depart- ment has heretofore been duly authorized as the health department of the city of Burlingame.. §:6.04.015, PERMIT REQUIRED. It shall be unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, con- ducted or carried on, in, or upon, any premises in the City of Burlingame, the operation of a massage establishment or an outcall massage service or a public bath house as herein defined without first having obtained a permit from the License Collector so to do. Every applicant for a permit to maintain, operate, or conduct a massage establishment, public bath house, or outcall massage service shall pay an application fee of twenty ($20.00) dollars, and no license shall be issued therefor without said permit first having been had and obtained. § 6.04.020. APPLICATION FOR PERMIT. The application for permit to operate shall set forth the exact nature of the baths and/or massage to be administered, the proposed place of business and facilities therefor, and the name and address of each applicant and person to be employed therein. Every applicant for a permit to operate, every masseur or masseuse and all other persons employed by .such applicant shall be of good moral character., shall be Fingerprinted by the Police Department and shall further provide such other information as may be required for the purposes of identification. Each permittee must inform the Po- lice Department of the name and residence address of every person employed by him in the said massage or bath house establishment within forty-eight (48) hours of such employment. Unless cause be shown for refusal of a permit as herein required, the License Collector shall issue such permit or amended permit within thirty (30) days after applicatbn therefor in such manner -3- and form as prescribed by said License Collector. <;:5 § 6.04,020. REVOCATION OR SUSPENSION O� PERMIT. Any permit is- sued for a massage establishment, public bath house or outcall massage service may be .revoked or suspended by the License Collector after a hearing, for good cause, or in any case where -any of the pro- visions of this chapter are violated, or where any employee of the permittee, including masseurs and masseuses,. is engaging in immoral conduct or activities at permittee°s place of business, or in any case where the permittee or licensee refuses to permit any duly authorized officer of the City to inspect the premises or the opera- tions therein. Such permit may also be revoked or suspended by the License Collector, after hearing, upon the recommendation of the San Mateo County Department of Public Health and Welfare that such business is being managed, conducted, or maintained without regard for the public health or health of patrons or customers, or without due regard to proper sanitation or hygiene, In the event of any such suspension or revocation, the permittee may appeal to the City .Council by a written appeal filed in the Office of the City Clerk within fifteen (15) days from the date of such suspension or revocation, which shall, nevertheless, remain in effect until such appeal is perfected, heard and determined, § 6.04.030. EMPLOYMENT OF MINORS PROHIBITED. It shall be unlawful for the owner, proprietor, manager or any other person in charge of any massage establishment, public bath house, or outcall massage service to employ any person who is not at least twenty-one (21) years of age and of good moral character. § 6.04,040. SALE OR TRANSFER. Upon sale or transfer of a massage establishment, public bath house, or an outcall massage service, the permit and license therefor shall be null and void. § 6.04®050. NAME AND PLACE OF BUSINESS, No person granted a permit pursuant to this Chapter shall operate under any name or conduct his business under any designation not specified in his permit. Permittees shall notify the License Collector and the Police Depart- ment of any changes in name or address of home or business. In case of any change of location or extension of the place of said business -4- inspection thereof shall be made as herein required before use of the same for the purpose of said business, and an amended permit within thirty (30) days shall be issued, if indicated, in order to show clearly the address or place of such .new location or extension. No fee shall be charged either for such inspection or for such amended permit. § 6.04,060. DAILY. REGISTER. Every person who engages in or conducts a massage establishment, public bath house, or outcall massage service as herein defined shall keep a daily register of all patrons by name, address, and hour of arrival, and the room or cubicle assigned, if any. Said daily register shall at all times during business hours be sub- ject to inspection by health department officials and by the police department and shall be kept on file .for one year.. § 6.040.070. DISPLAY OF PERMIT. Every person to whom or for whom a permit shall have been granted pursuant to the provisions of this Chapter shall display said permit in a conspicuous place so that the same may be readily seen by persons entering the premises, or persons engaged in an outcall massage service must have their permit available for inspection at all times. § 6.04.080. INSPECTIONS. The Police Department and the Department of Public Health shall from time to time, and at least twice a year, make an inspection of each massage establishment, public bath house or the premises of an outcall massage service. in the City of Burlin- game for the purpose of determining that the provisions of this Chapter are complied with. § 6.04.090. LICENSES AND PERMITS. No person shall engage in the opera- tion of a massage establishment or an outcall massage service or a public bath house as herein defined without first having obtained a license. The annual license fee for such license shall be thirty- five ($35.00) dollars. Licensees who have already paid this fee for the current calendar year shall not be required to pay any additional license fee hereunder. Holders of outstanding permits heretofore issued by the License Collector are required to conform with all provisions contained in §§6.04.010 through 6.04.110 of this code within ninety (90) days of -5- the effective date thereof; failure to do so shall make continued operation of such massage establishment, public bath house or out - call massage service a violation of §6.04.110 hereof. New permits must be obtained from the License Collector as §§6.05.15 and 6.04.20 hereof provide. § 6.04.100 RULES AND REGULATIONS. The License Collector may, after a public hearing has been held, make and enforce reasonable rules and regulations in connection with enforcement functions and not in con- flict with, but to carry out, the intent of this Chapter. � 6.04.110. A7ISDEMEANORS. Any person violating any of the provisions of this Chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine not to exceed five hundred ($500,00) dollars, or by imprisonment in the County Jail for a period not to exceed six (6) months, or by both such fine and impri- sonment." Section Z. SEVERABILITY. If any provision of this Chapter or the application thereof to any person or circumstance is held in- valid, such invalidity shall not affect other provisions or applica- tions, and to this end the provisions of this Chapter are declared to be severable. by law. Section 3. This ordinance shall be published as required I, HERBERT K. WHITE, City Clerk of the City of Burlingame, do hereby certify that the foregoing ordinance was introduced at a regular meeting of the City Council held on the 5th day of April, 1971, and adopted thereafter at a regular meeting of the City Council Yield on the 19t.YE day of Aprils 1971, by the following votes: AYES: Councilmen: Am�;traap, •Crc�skay, �ohnsaa�s, E3anclin�, r�iarti�n NOES : Councilmen : Novae ABSENT: Councilmen. [a �a'aF -6- iiERBERT K. WHITE, CITY CLERK =+,f- �AYOR 9 ?. i