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,
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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
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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
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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
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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
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iiERBERT K. WHITE, CITY CLERK
=+,f- �AYOR
9 ?.
i