HomeMy WebLinkAboutOrd 14311
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IEROME R COLEMAN
CRY ATTORNEY
CITY OF BURUNGAME
t501 PRiM ROSE ROAD
RUf W NGM1E. GLLI F. D4010
ORDINANCE N0. 1431
— —'AN ORDINANCE AMENDING PROVISIONS REGARDING PERMITS
FOR MASSAGE AND BATHING ESTABLISHME19TS AND
ESTABLISHING HOURS FOR SUCH ESTABLISHMENTS
The CITY COUNCIL of the CITY OF BURLINGAME does
hereby ORDAIN as follows:.
Section 1. Chapter 6.40 of said code is amended
to read:
"6.40 Massage and Bathing Establishments
6.40.010 Purpose. It is the purpose and intent
of the City Council that the operation of massage, bathing
and other similar establishments and persons offering
services therein, where. n the principal function is giving•
of metssages and baths, as defined in this chapter, should
be regulated in the interest of public health, safety and
welfare by providing minimum building sanitation and health
standards for such establishments, and to insure that
ersons offering services therein shall possess the minimum
ualifications necessary to operate such businesses and to
erform such services offered.
6.40.020 Permit required. It is unlawful for
ny person to operate, engage in, conduct, carry on, or
ermit to be operated, engaged in, conducted or carried on
as the owner of the business premises or in any other
apacity) in or upon any premises within the City of
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EROME F. COLEMAN
' C,fY ATTORNEY
CfiY OF BURLINGAME
PRIMROSE ROAD
IUR�F. D4010
Burlingame, the business of massage, bathing or other
similar 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.
6.40.030 Definitions. For the purpose of this
chapter, the following words and phrases shall have the
meanings respectively ascribed to them by this section:
(1) "Massage" means 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 other similar
establishments" means 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 permitted
to be given, engaged in or carried on in any manner
described in Section 6.40.030(1).
(3) "Out call massage service" means any business not
licensed as a massage, bathing or similar establishment
under the provisions of this chapter, in which the primary
function of such business is to engage in or carry on
massage treatments at a location designated by the customer
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or client and not at a fixed location.
(4) "Masseur or masseuse" means 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) "Recognized school" means any school or
institution of learning which has been approved pursuant to
California Education Code 94300 et sea.. and which has for
its purpose the teaching of a resident course of study of
not less than seventy hours within at least three months of
theory, ethics, practice, methods, profession or work of
massage or baths or health practice with relation thereto,
and which provides a diploma or certificate of graduation
upon successful completion of such course of study or
firm
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combi
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(6) "Person" means any individual,
association, corporation,- joint
nation of individuals.
copartnership,
venture, or
(7) "Health Officer" means the health officer of the
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county of San Mateo or his authorized representative.
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6.40.035 Corporations and partnerships. If the
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applicant is a corporation, the name of the corporation
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shall be set forth exactly as shown in its articles of
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incorporation together with the names and residence
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addresses of each of the officers, directors, and each
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stockholder holding more than ten percent of the, stock of
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IEROME F.. COLEMAN II
wTroRNEY
CRl' OF BURLINGAME _
EOI PRIMROSE ROAD
3VRUNGAME, CAlJF.9i010
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IEROME R COLEMAN
c AY ORNEY
CRY OF BURLINGAME
601 PRIMROSE ROAD
MRUINC.M1E. GALIR IMO10
the corporation. The information hereinafter required
shall be provided for each officer of the corporation. If
the— -applicant is a partnership,the information
hereinafter required shall be supplied 'for each of the
partners, including limited partners. If one or more of
the partners. is a corporation, the provisions above
pertaining to a corporate applicant apply.
6.40.040 Applications. The applicant for a
permit to operate a massage, bathing or similar
establishment or an out call massage service, having
massage or baths as their principal function, shall set
forth the exact nature of the massage or bath to be
administered, and the proposed place of business and
facilities therefor. In addition to the foregoing„ any
applicant shall furnish the following information:
(1) Name, residence and telephone number;
(2) The previous address of -the applicant for the
five years immediately prior to the present address of the
applicant;
(3) Social Security number and driver's license
number if any;
(4) Birth certificate or other written proof
acceptable to the Police Department that the applicant is
at least eighteen years of age,
(5) Fingerprints (taken by the Police Department for
criminal history investigation) and three portrait
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iEROME F. COLEMAN
<,IY ATTORNEY
CfTY OF BURLINGAME
PRIMROSE ROAD
3URIlNGAME CALIF. WOb
photographs at least two inches by two inches, taken within
the last sixty days;
— _,�'(6) Applicant's height, weight, color of eyes and
hair;
(7) Business, occupation, or employment of the
applicant for.the five years immediately preceding the.date
of application;
(8) 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 activity or occupation
subsequent to such action of suspension or revocation;
(9) Whether such person has ever been convicted of
any crime, except misdemeanor traffic violations. If any
person mentioned 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;
(10) Whether any person while employed by the
applicant has been convicted in a court of competent
jurisdiction of an offense involving conduct which requires
registration under California Penal Code subsection 290, or
a violation of subsections 266(i), 311 through 311.71
314,315, 316, 318, or 647(a), (b),(d) or (h) of the Penal
Code;
1 (11) Applicant must furnish a diploma or certificate
2 o -f --graduation from a recognized school or other institution
3 of learning wherein the method, profession and work of
4 massage is taught; provided however, that if the applicant
5 will have no physical contact with his customers or clients
6 he need not possess such diploma or certificate;
7 (12) Such other identificationand information
8 necessary to discover the truth of matters hereinbefore
9 specified as required to be set forth in the application;
10 (13) A certificate from a medical doctor stating that
11 the applicant has, within thirty days immediately prior to
12 the filing of the application, been examined and found to
13 be free from any infectious, contagious, or communicable
14 disease.
15 6.40.050 Exemptions. The permits required by this
16 chapter shall not apply to hospitals, nursing homes,
17 sanitariums, medical clinics, health studios not engaged in
18 bath or massage as a principal function, to cosmetologists,
19 barbers or persons holding a currently valid certificate to
20 practice the healing arts under the laws of the State of
California, nor to persons and employees working under the
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directions of such persons or in such establishments.
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6.40.060 Permit fee and investigation. All
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applications for initial permits to operate shall be
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accompanied by an investigation fee in the sum of one
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EROME F. COLEMAN
RY ATTORNEY
CT' OF BURLIN GAME
601 PRIMROSE ROAO
IUR�ME. CALIF D4010
hundred dollars no part of which is refundable.
1 Additional fees may be charged to cover costs of processing
2 the -applicant's fingerprints by the State of California.
3 Upon receipt of said application, the license collector
4 shall refer the application to the city planner, building
5 o-fficial, the fire department, and the police department,
6 each of which within a period of thirty days from the date
7 of filing the application shall inspect the premises
8 proposed to be used as a massage establishment, interview
9 the applicant or any other person and make any other
10 investigation necessary to make a written recommendation to
11 ,the license collector concerning compliance with the
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respective requirements.
6.40.070 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
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EROME R COLEMAN
. CM ATroRNEV
CITY OF BU RLINGAME
EOt PRIMROSE ROAD
NRLIN(.AME; GV J F.94010
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business license as required by Chapter 6.04
of this code.
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No business license shall be issued until the
investigation
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is completed on the application for a permit
to operate is
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approved. The business license and the permit to operate
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shall be issued upon payment of the business
license fee as
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provided in Chapter 6.04 of this code.
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6.40.080 Issuance or denial of permit.
Upon receipt
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of the investigation reports from each of the
departments
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to whom the application has been referred,
the license
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collector shall issue such permit if
all required
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EROME R COLEMAN
. CM ATroRNEV
CITY OF BU RLINGAME
EOt PRIMROSE ROAD
NRLIN(.AME; GV J F.94010
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information has been furnished and the reports filed find
that:
2 --- Tl) The character - _... _ ...........,. of the
3 applicant is satisfactory;
4 (2) The establishment as
5 proposed, if .permitted, would comply with all applicable
6 laws, including, but not limited to, the city's building,
7 fire, health and zoning regulations;
8 (3) The applicant has not been convicted in a court
9 of competent jurisdiction of an offense involving conduct
10 which requires registration under California Penal Code
11 subsection 290, or violations of subsections 266(i), 311
12 through 311.7, 314,315, 316, 318, or 647(a), (b),(d) or (h)
13 of the Penal Code;
14 (4) The applicant .has not been convicted of the use
15 of force and violence upon another;
16 (5) The applicant has not knowingly and with intent
to deceive made any false, misleading or fraudulent oral or
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18 written statements in his application or to any person
19 investigating his application.
20 (6) The applicant does not have an infectious,
21 ontagious, or communicable disease, and is not in
iolation of any federal, state or local health law or
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regulation.
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24 The permit shall be denied if all of the above
findings cannot be made or if all of the information
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/EROME F. COLEMAN II `
CrtY ATTORNEY
CIT' OF BUfl LINGAME
60, FflI E* ROAD
BURLIN(+AME. GLLIF.94010
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required is not supplied to the city. If denied, the
reasons therefor shall be endorsed upon the application,
acrd -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 ten days from the date of
mailing of 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
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
zse.
(3) All findings of the council shall be final and
ZERO ME F COLEMAN II
CRY A ORNEY
CITY OF BURLINGAME _
601 PRIMROSE 0. 9A
3U0.L1N(.M1E. UUF. �ro
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IEROME F. COLEMAN
O Ar ORNEY
C OF BURLINGAME
501 PRIMROSE ROAD
3URLIN GAME, OAU R 94010
conclusive upon the applicant.
6w4091 00 Operating and sanitation requirements. All
massage, bathing, or similar establishments and out call
services, as defined herein, shall comply with the
following operating and sanitation requirement:
(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
Many s.ervice is available other than those services
escribed in Section 6.40.030 (1) of this chapter.
(2) Out Call Massage Service. Any person granted a
ermit pursuant to the provisions of this chapter .who
provides services described in Section 6.40.130(1) at any
otel or motel shall first notify the owner, manager or
erson in charge thereof that such permittee intends to
provide a massage service to a person or persons registered
t the hotel or motel and give such owner, manager or
person in charge his permit number.
(3) Sanitation. All establishments shall comply with
he following minimum sanitation requirements.
(a) Employees, Masseurs and Masseuses. All
mployees, masseurs and masseuses shall perform their work
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fully clothed, be clean, and wear clean outer garments
1 whose use is restricted to the establishment. Doors to
2 dressing rooms and treatment rooms shall open inward and
3 may not be locked. Draw drapes, curtain enclosures, or
4 accordion -pleated closures are acceptable on all inner
5 dressing and treatment in lieu of doors. Separate dressing
6 rooms and toilet facilities complying with the City of
7 Burlingame building code shall be provided for each sex.
8 (b) Linens. All establishments shall be provided
9 with clean, laundered sheets and towels in sufficient
10 quantity and shall be laundered after each use thereof and
11 stored in a sanitary manner. Heavy white paper may be
12 substituted for sheets provided that such paper is used
13 only once for each person and then discarded into an
14 sanitary receptacle. Sanitary approved receptacles shall
15 be provided for the storage of all soiled linens.
16 (c) Facilities. At least one entrance door, allowing
17 access to the establishment and any building it may be in,
18 shall remain unlocked during business hours. All premises
19 and facilities shall be maintained in a clean and sanitary
20 condition, and shall be thoroughly cleaned each day of
operation. The premises and facilities shall meet all code
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requirements of the city as to safety of the structure,
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adequacy of plumbing, .heating, ventilation, and
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waterproofing of rooms where showers, water or steam baths
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ZERO MREw�OLEEMAN II
CRY OF BURLIN GAME
PRIMROSE ROAD
3URUNGAME. � F.94010
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EROME F. COLEMAN
CRT A�QRNEY
CRY OF BURLINGAME
60I PRIMROSE ROAD
WR�E. CALIF.94010
(d)
Patrons. Patrons of the establishments shall be
furnished
with dressing room and locker facilities, and
s-eirfity
deposit facilities for the protection of
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 the
provisions of this chapter and building, fire,
electrical,
plumbing or -health regulations.
6.40.120
Masseur or masseuse permit. Any person who
engages in
the practice of giving massages or baths as
herein defined shall file an application with the license
collector
upon a form provided and shall pay a filing fee
of seventy
five dollars which shall not be refundable,
6.40.130
Application — Masseur or masseuse. The
application for a masseur or masseuse permit shall contain
the following.
(1)
Name, residence and telephone number;
(2)
The previous address of the applicant for the
five years
immediately prior to the present address of.the
applicant;
(3)
Social Security .number and driver's license
number if
any;
(4)
Birth certificate or other written proof
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acceptable to the Police Department that the applicant is
at least eighteen years of age;
--1{15) Fingerprints (taken by the Police Department for
criminal history investigation) and" three portrait
photographs at least two inches by two inches, taken within
the last sixty days;
(6) Applicant's height, weight, color of eyes and
hair;
(7) Business, occupation, or employment of the
applicant for the five years immediately preceding the date
of application; the name of any employer or fellow employee
who was arrested for any crime listed in Section 6.40.040
(8) The name and address of the establishment where
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the applicant is to be employed and the name of the
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operator of the same;
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(9) Whether such person has ever been convicted of
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any crime, except misdemeanor traffic violations. If any
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person mentioned in this subsection has been so convicted,
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a statement must be made giving the place and court in
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which such conviction was had, the specific charge under
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which the conviction was obtained and the sentence imposed
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as a result of such conviction;
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(10) The name and address of the recognized school
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attended, the date attended and a copy of the diploma or
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certificate of graduation awarded the applicant showing the
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IEROME F. COLEMAN
OM A RH"
CT OF BURLINGAME
601 PRIMROSE ROAD
3URLINGAME, CALIF.94010
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applicant has completed not less than seventy hours of
instruction;
---(11) A certificate from a medical doctor stating that
applicant has, within thirty days immedieftely prior to the
filing of the application, been examined and found to be
free from any infectious, contagious or communicable
disease.
� 6.40.140 Issuance or denial of permits .for
8 masseurs or masseuses.. Investigations of all such
9 applications shall be conducted in the same manner as
10 provided in Section 6.40.060 and a permit shall be issued
11 if applicant meets the findings of Section 6.40.080(1) and
12 (3) through (5). It shall be denied if such findings are
13 not met. If the permit is denied, applicant may appeal in
14 accordance with Section 6.40.090.
15 6.40.150 Sale or transfer of establishment.
16 Upon sale, transfer or relocation of a massage, bathing or
17 similar establishment or an out call massage service, the
18 permit and business license shall not be transferable
19 without the written approval of the license collector. An
20 application for such change shall be accompanied by a
nonrefundable investigation fee of one hundred dollars and
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22 provide all of the information required in Section
6.40.080.
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24 6.40.160 Revocation or suspension of permits. Any
25 assage, bathing or similar establishment permit, out call
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JEROME R COLEMAN I)
<IiY ATTORNEY
CITY OF BUR LINGAME _
PRIMROSE ROAD
RUR�f.94010
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IEROME R COLEMAN
CRY A ORNEY
CRY OF BURLINGAME
60, PRIMROSE ROAD
3URUNGMAE.0 R94 0
permit, and masseur or masseuse permits issued under this
chapter shall be subject to suspension or revocation by
tine 'city manager for violation of or for causing or
permitting violation 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 determining 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 the 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 suspensions or revocation of any
permit, the permittee may appeal to the city council in the
manner as provided in Section 6.40.090.
6.40.170 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
hall be posted within the
stablishment# including the permits for out call massage,
in a location immediately available for inspection for representatives of the cit}
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masseurs, or masseuses. Out call massage permittees must
1 have their permit bearing their pictures available for
2 inspection at all times while providing out call massage
3 services. No person granted a permit pursuant to this,
4 chapter shall operate under any other name or at any other
5 location that specified in the permit.
6 6.40.180 Notice of changes. All persons granted
7 permits pursuant to this chapter shall report immediately
8 to the license collector and the police department all
9 changes of residence or ousiness address or change of
10 ownership of the establishment or service. Failure to give
11 such notice within 15 days of the event shall render the
12 permit null and void.
13 6.40.210 Renewal of permits. Every permit shall
14 e renewed annually, no •less than ninety days prior to the
15 anniversary date of its issuance. Any permit not renewed
16 shall be null and void on such anniversary date Prior to
17permit renewal being granted the permittee must:
18 (1) Provide a new photograph and current information
19 concerning any changes to Lhe facts set forth in the
20 application;
21 (2) Obtain a new certificate, dated within thirty
22 days of the renewal, from a medical doctor stating that the
23 Licensee is free from, infectious, contagious or
ommunicable diseases;
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25 '(3) Obtain clearance from the police department
26 16
ERO MRE^�COLEMAN
EY
CRV Of BURLINGAME
601 PRIMROSE ROAD `
AIRUNGAME• CALJF.94010
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signifying
that
the licensee
has
had
no arrests or
convictions
for
violations of
those
Penal
Code sections
listeU in Section 6.40.080 (3) of this code since the
permit was issued or last renewed."
Section 2. Section 24.41.025 (j) of the
Burlingame Municipal Code is hereby amended to read as
follows:
"(j) Massage, bathing or similar establishments,
whose operating hours shall not exceed 7:00 a.m. to 12:00
midnight. Services shall not be provided to customers except within said hours."
10 Section 3. This ordinance shall be published as
11 required by law. ,
12
i
13 Mayor
14 I, JUDITH A. MALFATTI, City Clerk of the City of
15 Burlingame do hereby certify that the foregoing ordinance
16 was introduced at a regular meeting of the City Council
17 held on the 4th day of February 1991, and was
18 adopted thereafter at a regular meeting of the City Council
19 held on the 20th day of February .19911 by the
20 following vote:
21 -
YES: COUNCILMEMBERS: BARTON, HARRISON, LEMBI, O'MAHONY, RAGLIARO
NOES: COUNCILMEMBERS: NONE
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ABSENT: COUNCILMEMBERS
NONE
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IEROME F. COLEMAN
CRY OF BURLINGAME
601 PRIMROSE ROAD
WRLINGAMF,EAUF,94 10
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�
P, r
City Clerl