HomeMy WebLinkAboutOrd 15141
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ORDINANCE No. 1514
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URGENCY ORDINANCE ESTABLISHING PERMIT PROCEDURE
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FOR TANNING FACILITIES
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The CITY COUNCIL of the CITY OF BURLINGAME does
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hereby ordain as follows:
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Section 1, Chapter 6.42 is hereby added to the
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Burlingame Municipal Code to read as follows:
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"CHAPTER 6.42 TANNING FACILITIES
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6.42.010 Purpose.
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It is the purpose and intent of the city council that the
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operation of tanning facilities, as defined in this chapter,
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should be regulated in the interests of public health, safety and
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welfare by providing minimum building sanitation and health
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standards for such establishments.
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6.42.020 Permit required.
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It is unlawful for any person to operate, engage in, conduct,
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carry on, or permit to be operated, engaged in, conducted or
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carried on (as the owner of the business premises or in any other
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capacity) in or upon any premises within the City of Burlingame,
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the business of a tanning facility or other similar establishment,
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unless a permit for such business has first been obtained from the
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police department of the city and remains in effect in accordance
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with the provisions of this chapter.
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6.42.030 Definitions.
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For the purpose of this chapter, the following words and
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phrases shall have the meanings respectively ascribed to them by
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this section:
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(1) "Health officer" means the health officer of the county
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of San Mateo or his authorized representative.
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(2) "Tanning facility" means any establishment meeting the
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definition of Section 22702 of the Business and Professions Code
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of the State of California.
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(3) "Person" means any individual, copartnership, firm,
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association, corporation, joint venture or combination of
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individuals.
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6.42.035 Corporations and partnerships.
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If the applicant is a corporation, the name of the
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corporation shall be set forth exactly as shown in its articles of
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incorporation together with the names and residence addresses of
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each of the officers, directors and each stockholder holding more
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than ten percent of the stock of the corporation. Each officer of
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the corporation or each partner in a partnership must submit an
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application and comply with 6.42.040. If one or more of the
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partners is a corporation, the provisions above pertaining to a
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corporate applicant apply.
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6.42.040 Application for permit.
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Except as otherwise herein provided, any person desiring a
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permit to operate a tanning facility or similar establishment or
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be employed in a tanning facility or similar establishment shall
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first make application therefor for permit under this chapter by
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filing with the license collector a sworn application in writing
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on a form to be furnished by the license collector which shall
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give the following information:
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(a) Name, residence and telephone number;
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(b) The previous address of the applicant for the five years
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immediately prior to the present address of the applicant;
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(c) Social Security number and driver's license number if
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any;
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(d) Fingerprints (taken by the police department for criminal
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history investigation) and three portrait photographs at least two
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inches by two inches, taken within the last sixty days immediately
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prior to the date of the filing of the application, which
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photographs shall show the head and shoulders of the applicant in
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a clear and distinct manner;
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(e) Applicant's height, weight, color of eyes and hair;
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(f) Business, occupation or employment of the applicant for
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the five years immediately preceding the date of application;
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(g) The business license history of the applicant; whether
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such person, in previously operating in this or another city or
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state, under any license or permit, has had such license or permit
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revoked or suspended, the reason therefor, and the business
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activity or occupation subsequent to such action of suspension or
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revocation;
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(h) If the application is for an employee permit, the name
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and address of the establishment where the applicant is to be
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employed and the name of the operator of the same;
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(i) Whether such person has ever been convicted of any crime,
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except misdemeanor traffic violations, If any person mentioned in
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this subsection has been so convicted, a statement must be made
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giving the place and court in which such conviction was had, the
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specific charge under which the conviction was obtained and the
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sentence imposed as a result of such conviction;
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(j) Whether any previous employer or person while employed by
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or with the applicant has been convicted in a court of competent
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jurisdiction of an offense involving conduct which requires
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registration under California Penal Code subsection 290, or a
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violation of subsections 266(i), 311 through 311.7, 314, 315, 3161
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318 or 647(a), (b), (d) or (h) of the Penal Code;
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(k) Such other identification and information necessary to
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discover the truth of matters hereinbefore specified as required
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to be set forth in the application;
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(1) The application will also include a separately signed
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waiver and release authorizing the City of Burlingame, its agents,
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and employees to seek information and to conduct an investigation
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into the truth of the statements made on the application and the
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qualifications and record of the applicant;
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(m) An applicant for an operator's permit shall provide proof
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of liability insurance in the amount of not less than five hundred
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thousand dollars ($500,000.00);
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6.42.050 Exemptions.
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The permits required by this chapter shall not apply to a
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tanning facility employing two or fewer persons on its premises at
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any one time.
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6.42.060 Permit fee and investigation.
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All applications for initial permits shall be accompanied by
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an investigation fee in the sum of one hundred fifty dollars, no
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part of which is refundable. Additional fees may be charged to
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cover costs of processing the applicant's fingerprints by the
State of California. Upon receipt of an operator's application,
the license collector shall refer the application to the city
planner, building official, the fire department and the police
department, each of which within a period of thirty days from the
date of filing the application shall inspect the premises proposed
to be used as a tanning facility, interview the applicant or any
other person and make any other investigation necessary to make a
written recommendation to the police department, provided that
said thirty days may be extended for such period as may be
necessary to obtain fingerprint records from the appropriate state
agency. Employee applications shall be referred only to the
police department.
6.42.070 Business license.
At the time of the application for a permit to operate,
applicant shall also apply for and furnish 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 and the permit to operate is approved.
The business license shall be issued upon payment of the business
license fee as provided in Chapter 6.04 of this code.
6.42.080 Issuance or denial of permit.
Upon receipt of the investigation reports from each of the
departments to whom the application has been referred, the police
department shall issue such permit if all required information has
been furnished and the reports filed find that:
(1) The character of the applicant is satisfactory;
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(2) If the application is for an operator's permit, 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 regulations;
(3) The applicant has not been convicted in a court of
competent jurisdiction of an offense involving conduct which
requires registration under California Penal Code subsection 290,
or violations of subsections 266(i), 311 through 311.7, 314, 315,
316, 318, or 647(a), (b), (d) or (h) of the Penal Code;
(4) The applicant has not knowingly and with intent to
deceive made any false, misleading or fraudulent oral or written
statements in his application or to any person investigating his
application.
(5) The applicant has a current cardiopulmonary resuscitation
certificate and first aid card from the American Heart Association
or the American Red Cross.
The permit
shall
be
denied if all of the
above
findings
cannot be made
or if
all
of the information
required
is not
supplied to the city. If denied, the reasons therefor shall be
endorsed upon the application, and the police department shall
notify the applicant of the disapproval with a copy of the
application upon which the reasons have been endorsed by first
class mail.
6.42.090 Appeal.
In the event a
permit
has been
denied, applicant shall have
ten days
from the
date of
mailing
the notice within which to
appeal to
the city
council
by filing
a written application for a
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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 meeting
thereof, within thirty 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
ten 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 business license. If it finds that the requirements
have not been met satisfactorily, it shall deny the permit and
license.
(3) All findings of the council shall be final and conclusive
upon the applicant.
6.42.100 Operating and sanitation requirements.
All tanning facilities or other similar establishments shall
comply with the following operating and sanitation requirements:
(1) Advertising. No such establishment 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 or
any service in a manner which would reasonably suggest to
prospective patrons that any service is available other than those
services described in Section 22700 et sea. of the Business and
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Professions Code.
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(2) Sanitation and other requirements. All establishments'
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shall comply with the following minimum requirements:
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(a) Employees. All employees shall perform their work fully
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clothed, be clean and wear clean outer garments. Doors to
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dressing rooms and tanning rooms shall open inward and shall not
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be closed if more than one person is present in the room. Draw
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drapes, curtain enclosures, or accordion -pleated closures are
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acceptable on all inner dressing and tanning rooms in lieu of
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doors.
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(b) Each room and tanning bed shall be cleaned after each use
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and shall be sanitized in accordance with common health practices
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and prevailing local and state health laws.
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(c) Facilities. At least one entrance door, allowing access
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to the establishment and any building it may be in, shall remain
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unlocked during business hours. All premises and facilities shall
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be maintained in a clean and sanitary condition, and shall be
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thoroughly cleaned each day of operation. The premises and
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facilities shall meet all code requirements of the city as to
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safety of the structure, adequacy of plumbing, heating, and
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ventilation.
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(c) Hours. Business shall be carried on or conducted, and
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the premises shall be open, only between the hours of 7:00 a.m.
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and 10:00 p.m.
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(d) Handicapped Areas. Each establishment must have handicap
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access and restrooms equipped for handicapped patrons.
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(e) Records. Every establishment shall keep a written record
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of the name and address of each patron and the date and hour of
service, and of all hours worked by employees. Such written
record, as well as those required by Business and Professions Code
Sections 22700 et sea., shall be open to inspection only by
officials charged with the enforcement of this chapter and for no
other purpose. Such records will be kept on the premises of the
establishment for a period of two years.
(f) No Residential Use. No part of the establishment shall
be used for residential or sleeping purposes. No cooking or food
preparation will be allowed on the premises unless a full service
kitchen is installed. Such kitchen will be for the sole use of
employees, and will be installed in an employees only area. The
full service kitchen will have a minimum of a sink with hot and
cold running water, a refrigerator, a stove, and sufficient
cabinets to store cooking utensils.
(g) At no time shall employees apply tanning liquids or
otherwise touch or come into physical contact with customers.
(h) No alcohol shall be allowed on the premises.
6.42.110 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 the
provisions of this chapter and building, fire, electrical,
plumbing or health regulations.
6.42.115 Surety bond.
Every applicant for an operator's permit shall post with the
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city clerk, a surety in the principal sum amount of ten thousand
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either in cash or executed as surety by a good and sufficient
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corporate surety authorized to do a surety business in the state
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of California and as principal by the applicant. The form of the
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bond shall have been approved by the city attorney and shall
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provide that should the applicant be issued a permit under this
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chapter which is subsequently suspended or revoked, the city shall
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be reimbursed from said bond for all costs of said any
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investigation or other proceedings related to said suspension or
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revocation.
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6.42.120 Sale or transfer of establishment.
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Upon sale, transfer or relocation of a tanning facility, the
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permit and business license shall not be transferred without the
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written approval of the license collector. An application for
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such change shall be accompanied by a nonrefundable investigation
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fee of one hundred dollars and provide all of the information
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required in Section 6.42.040,
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6.42.130 Revocation or suspension of permits.
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Any permit issued under this chapter shall be subject to
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suspension or revocation by the city manager for violation of, or
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for causing or permitting violation of, any provision of this
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chapter or for any grounds that would warrant the denial of such
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permits in the first instance.
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Prior to the suspension or revocation of any permit issued
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under this chapter, the permittee shall be entitled to a hearing
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before the city manager or his designated representative, at which
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time evidence will be received for the purpose of determining
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whether or not such permit shall be suspended or revoked or
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whether the permit may be retained. In the event the permit is
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suspended or revoked, the notification of the reasons for such
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suspension or revocation shall be set forth in writing and sent to
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the permittee by means of first class mail.
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In the event of suspension or revocation of any permit, the
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permittee may appeal to the city council in the manner as provided
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in Section 6.42.090,
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6.42.140 Display of signs and permits.
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No person granted a permit pursuant to this chapter shall
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begin operations until a recognizable and legible sign has been
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posted at the main entrance to the permit premises. All permits
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granted shall bear the picture of the permittee and shall be
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posted within the establishment in a location immediately
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available for inspection for representatives of the city,
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including the permits for employees. No person granted a permit
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pursuant to this chapter shall operate under any other name or at
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any other location than that specified in the permit.
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6.42.150 Notice of changes.
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Ali persons granted permits pursuant to this chapter shall
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report immediately to the license collector and the police
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department all changes of residence or business address or change
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of ownership of the establishment or service. Failure to give
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such notice within fifteen days of the event shall render the
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permit null and void.
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6.42.160 Renewal of permits.
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Every permit shall be renewed annually, no less than ninety
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days prior to the anniversary date of its issuance. Any permit
not renewed shall be null and void on such anniversary date. The
investigation fee for renewals shall be seventy-five dollars, no
part of which is refundable. Additional fees may be charged to
cover costs such as processing fingerprints. Prior to permit
renewal being granted the permittee must:
(1) Provide a new photograph and current information
concerning any changes to the facts set forth in the application;
(2) Obtain clearance from the police department signifying
that the permittee has had no arrests or convictions for
violations of those penal code section listed in Section
6.42.080(3) of this code since the permit was issued or last
renewed."
Section 2. Section 25.36.030 of said code is hereby
amended to read as follows:
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15. Tanning facilities.
16. other uses similar in character to those enumerated
in this section or Section 25.36.020 which will not be obnoxious
or detrimental to the neighborhood in which they are located."
Section 3, Section 25.36.032-2 (f) is hereby added to
said code to read:
"(f) Tanning facilities."
Section 4. Section 25.40.025-3 is hereby added to said
code to read:
it
3. Tanning facilities."
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1 Section 5, Section 25.41.025 (j) is amended to read:
2 "(j) Massage, bathing, tanning or similar
3 establishments."
4 Section 6. Section 25.42.030-5 of said code is amended
5 to read:
6 115. Massage, bathing, tanning or similar 1,
7 establishments;"
8 Section 7. It is hereby declared that there is a
9 current and immediate threat to the public health, safety and
10 welfare and this ordinance is therefore an urgency measure as
11 provided by law, and will take effect upon its adoption.
12 The facts constituting such urgency are as follows:
13 Nearby cities in San Mateo County have found that some massage
14 businesses are in fact locations for prostitution, and that as
15 such businesses have been closed they have taken on the guise of
16 tanning facilities to reopen for the same illegal purposes. Over
17 a year ago the City of Burlingame closed the last of such massage
18 businesses in its limits and it is necessary that an ordinance
19 specifically licensing tanning businesses be adopted so that
20 violations of law such as occurred with massage establishments are
21 prevented and legitimate tanning operators are protected. It is
22 necessary that this ordinance be enacted as an urgency measure so
23 that proper licensing procedures are adopted before problem
24 businesses are established.
25 Section 8. This ordinance shall be published as
26 required by law.
27 Z4,441 �6
28 Mayor`
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I. Judith A. Malfatti, City Clerk of the City of Burlingame,
do hereby certify that the foregoing ordinance was adopted as an
URGENCY ORDINANCE at a regular meeting of the City Council held on
the 17th day of October, 1994, by the following vote:
AYES: COUNCILMEMBERS: HARRISONI KNIGHT, O'MAHONYI PAGLIAROI
SPINELLI
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
v
CITY OF BURLINGAME
SUMMARY OF ADOPTED URGENCY ORDINANCE
ESTABLISHING PERMIT PROCEDURE AND ZONING REGULATIONS
FOR TANNING FACILITIES
as an urgency measure on October 17, 1994:
Defines and establishes permit procedures for tanning
facilities; establishes operating and sanitation requirments;
provides that such businesses are allowed only in commercial zones
and with a conditional use permit.
AYES: COUNCILMEMBERS: HARRISON, KNIGHT, O'MAHONY, PAGLIARO, SPINELLI
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
A certified copy of said adopted ordinance is
posted in the City Clerk's office, 501 Primrose Road,
Burlingame, California.
Dated:
City Attorney
Pursuant to
Government Code
Section
36933
(c)(1)
following
is a summary
of Ordinance No.
1514
adopted
as an urgency measure on October 17, 1994:
Defines and establishes permit procedures for tanning
facilities; establishes operating and sanitation requirments;
provides that such businesses are allowed only in commercial zones
and with a conditional use permit.
AYES: COUNCILMEMBERS: HARRISON, KNIGHT, O'MAHONY, PAGLIARO, SPINELLI
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
A certified copy of said adopted ordinance is
posted in the City Clerk's office, 501 Primrose Road,
Burlingame, California.
Dated:
City Attorney