HomeMy WebLinkAboutOrd 1426roleED
JUL 2 9 1991
04 Y
CITY OF BURLINGAME r=� a ,
TO: City Clerk ,- j DATE: July 24, 1991
FROM: City Attorn
SUBJECT: Error in/codific//ation - Section 25.41.020
Section 13 of Ordinance 1426 stated that "subsection 'g' of Section
25.41.020 is hereby repealed". My terse drafting and the
paragraphing of the existing language caused a sentence which is a
part of that subsection to be left in the code, when it was
intended to be included in the repeal. Thus the section should end
with a period after "199,0" in subsection (f), and the sentence
currently at the top of page 294-5 should be omitted. Please let
whoever next does our code know that this should be corrected.
cc: Planning
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)ME F. COLEMAN
'OF BURLINGAME
PRIMROSE ROAD
JNGAME. CAIJE 94010
ORDINANCE NO
1426
AN URGENCY ORDINANCE AMENDING PROVISIONS REGARDING
MASSAGE AND BATHING ESTABLISHMENTS AND INSTITUTING
ZONING DESIGNATIONS FOR MASSAGE AND BATHING ESTABLISHMENTS
AND ADULT BOOK STORES
The CITY COUNCIL of the CITY OF BURLINGAME does
hereby ORDAIN as follows:
Section 1. The title of Chapter 6.40 of the
Burlingame Municipal Code is amended to read as --follows:
"6.40 Massage and Bathing Establishments."
Section 2. The following sections of Chapter
6.40 of said code are amended to read:
"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, wherein the principal function is giving
of mgssages 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
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 is unlawful for
any person to operate, engage in, conduct, carry on, or
permit to be operated, engaged in, conducted or carried on
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WE F. COLEMAN
OF BURLINGAME
PRIMROSE ROAD
INGAME, LIF -94010
(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 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
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COLEMAN
cin Airoerver
OF RURLINGAME
PRIMROSE ROA=
INGPME,fALIF.94010
function of such business is to engage in or carry on
massage treatments at a location designated by the customer
or client and not at a fixed location.
"6.40.040 Annlications. The applications 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, the proposed place of business and facilities
therefor, and the name and address of each applicant.In
addition to the foregoing, any applicant shall furnish the
following information:
"6.40.100 Operating and sanitation requirements.
All massage, bathing or other similar establishments and
out call massage services, as defined herein, shall comply
with the following operating and sanitation requirements.
"6.40.130 Operator of establishment. - Exception.
A diploma from a recognized school as defined herein, will
not be required by the operator of a massage, bathing or
other similar establishment or for any employee where such
operator or employee does not give a massage or bath as
defined herein."
"6.40.170 Sale or transfer of establishment.
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ME F. COLEMAN
a" A�ORKEY
OF BURLINGAME
PRIMROSE ROAD
NGAME.CALIF.94OIO
Upon sale, transfer or relocation of a massage, bathing or
other similar 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 change shall be accompanied by a
nonrefundable investigation fee of one hundred dollars and
provide all of the information required in Section
6.40.080."
"6.40.180 Revocation or suspension of permits.
Any massage, bathing or similar 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 violation of any
provision of this chapter or for any grounds that would
warrant the denial of such permits in the first instance.
"6.40.240 Violation & penalty. (1) Every person,
except those persons who are specifically 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 other
similar establishment or who in conjunction with the
establishment gives or administers, or practices the giving
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)ME F. COLEMAN
Cm ATTORNEY
OF BURLINGAME
PRIMROSE ROAD
[NGAME, CALIF. 940[0
or administering of massages or baths as defined herein or
any of the services defined in Section 6.40.030(1) of this
chapter without first obtaining a permit and paying a fee
so to do from the City of Burlingame or violates any
provision of this chapter is guilty of a misdemeanor.
(2) Any owner, operator, manager or permittee in
charge or in control of a massage, bathing or other similar
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 misdemeanor. Upon conviction, such person shall be
punished by a fine not to exceed five hundred dollars or by
imprisonment in the county jail for a period not to exceed
six months, or by both such fine and imprisonment."
Section 4. Section 25.08.470 is added to said
code to read as follows:
"25.08.47+ Massage, bathing or similar
establishment. MASSAGE, BATHING OR SIMILAR ESTABLISHMENT
means a business as defined by Section 6.04.030 of this
code."
Section 5. Subsection 19 of Section 25.36.020
is repealed.
Section.. 6. Subsection 15 is added to Section
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ME F. COLEMAN
OF BURLINGAME
PRIMROSE ROAD
NG E,CALIF.94010
25.36.030 to read as follows:
"15. 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 7. Section 25.36.040 is amended to read
as follows:
"25.36.040 Prohibited uses. Uses not listed as
permitted or conditional shall be prohibited, including:
1. Uses of any industrial nature, including,
but not limited to junkyards and automobile wrecking
establishments.
2. Massage, bathing or similar establishments.
3. Adult entertainment businesses."
Section 8. Subsection 22 of Section 25.38.020 is
amended to read as follows:
"22. Accessory uses incidental to the uses in
this section, and customary accessory buildings when
located on the same lot."
Subsection 23 of said section is repealed..
Section 9. Section 25.38.030 is amended to read
as follows:
"25.38.030 Conditional uses.requiring a special
permit. The following are conditional uses requiring a
special permit .
1. All.uses permitted in C-1 districts for which
C
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)ME F. COLEMAN
' OF BURLINGAME
PRIMROSE ROAD
INGAME,CALIF.94010
a permit is required in such districts, except public
garages, and subject to the same restrictions and
exceptions.
2. Other uses similar in character to those
enumerated in this section which will not be obnoxious or
detrimental to the character of the neighborhood in which
they are located."
Section 10. Section 25.38.035 is added to read
as follows:
25.38.035 Prohibited uses. Uses not listed as
permitted or conditional shall be prohibited including:
1. Uses of any industrial nature, including,
but not limited to junkyards and automobile wrecking
establishment.
2. Massage, bathing or similar establishments.
3. Adult entertainment businesses."
Section 11, Section 25.40.025 is added to read
as follows:
"25.40.025 Conditional uses requiring a special
permit. The following are conditional uses requiring a
special permit:
Massage, bathing or similar establishments."
Section 12. Section 25.40.030 is amended to read
as follows:
"25.40.030 Prohibited uses. Uses not listed as
permitted or conditional shall be prohibited, including:
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)ME F. COLEMAN
ORNEY
'OF BURLINGAME
PRIMROSE ROAD
)NGAME. CA LIF.94010
1. Uses of a commercial nature including, but
not limited to store or shops where goods, wares, or
merchandise are displayed, sold or serviced;
2. Advertising structures of any character."
Section 13. Subsection (g) of Section 25.41.020
is hereby repealed.
Section 14, Section 25.41.025 is amended to read
as follows:
"Section 25.41.025 Conditional uses requiring a
special permit. The following are uses requiring a special
permit:
(j) Massage, bathing or similar establishments.
(k) Adult entertainment business as defined in
Chapter 25.76.
& Other uses which, after a public hearing, are
found desirable and compatible with the purposes of the
district."
Section 15. Section 25.41 .030 is amended to
read as follows:
"25.41.030 Prohibited uses. Uses not listed as
permitted or conditional shall be prohibited, including:
(a) Manufacturing and warehousing except as
designated and limited in the permitted uses.
(b) Outdoor storage of merchandise and material
except that boats and boat trailers may be displayed in
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WE F. COLEMAN
OF BURLINGAME
PRIMROSE ROAD
INGAME,CAUF94010
connection with permitted marinas;
(c) Residential uses including mobile homes but
not transient residence in motels as otherwise permitted;
(d) Billboards and off -premises advertising
signs."
Section 16. Section 25.42.030 is amended to read
as follows:
"25.42.030 Prohibited uses. The following uses
shall be prohibited in the mixed commercial -residential
district:
"CHAPTER 25.76
ADULT ENTERTAINMENT BUSINESSES
25.76.0-1,0 Purpose. In adopting this chapter, it
1.
Retail food establishments and bakeries.
2.
Take-out and drive-in services;
3.
Offices;
4.
Auto sales.
5.
Massage, bathing or similar establishments;
6.
Adult entertainment businesses as defined in
Chapter
25.76."
Section
17. Subsection (g) is added to Section
25.43.040
to
read:
"(g)
Adult entertainment business or massage,
bathing
or
similar establishments."
Section
18, Chapter 25.76 is added to said code
to read
as
follows:
"CHAPTER 25.76
ADULT ENTERTAINMENT BUSINESSES
25.76.0-1,0 Purpose. In adopting this chapter, it
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it
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IME F. COLEMAN
OF BUR LINGAME
PRIMROSE ROAD
INGAME OAIJ F.94010
is recognized that certain types of adult entertainment
businesses possess certain objectionable operational
characteristics. It is further recognized that locating
adult entertainment businesses in close proximity to
facilities frequented by minors will cause the exposure of
minors to adult material which may adversely affect minors.
In addition, it is recognized that substantial numbers of
citizens of the City are offended by the public display of
sexually oriented material. Special regulations of adult
entertainment uses is, therefore, necessary to insure that
these adverse effects of adult entertainment uses will not
contribute to the blighting or downgrading of zones in
which they are permitted or of surrounding neighborhoods;
will not adversely affect minors; and will not offend the
citizens of the City who do not wish to be exposed to
sexually oriented material.
25.76.020 Definitions. (1) For purposes of this
chapter, the "adult entertainment businesses" are defined
as follows:
(a) Adult Book Store. "Adult Book Store" means
an establishment having as a substantial or significant
portion of its stock in trade, books, magazines and other
periodicals which are distinguished or characterized by
their emphasis on matter depicting, describing or relating
to specified sexual activities or specified anatomical
areas, instruments, devices, or paraphernalia with
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COLEMAN
CIT' ATORN EY
OF BURLIN GAME
PRIMROSE ROAD
INGAME. CAl)F 94010
specified sexual activities, or an establishment with a
segment or section devoted to the sale or display of such
materials other than a bonafide pharmacy store or
department.
(b) Adult Motion Picture Theater. "Adult Motion
Picture Theater" means an enclosed building used for
presenting material distinguished or characterized by their
emphasis on matter depicting, describing or relating to
specified sexual activities or specified anatomical areas
for observation by patrons therein.
(c) Adult Hotel or Motel. "Adult hotel or
motel" means a hotel or motel wherein material is presented
which is distinguished or characterized by an emphasis on
matter depicting, describing or relating to specified
sexual activities or specified anatomical areas.
(d) Adult Motion Picture Arcade. "Adult motion
picture arcade" means any place to which the public is
permitted or invited wherein coin or slug -operated or
electronically, electrically or mechanically controlled
still or motion picture machines, projectors or other
image -producing devices are maintained, and where the
images so displayed are distinguished or characterized by
an emphasis on depicting or describing specified sexual
activities or specified anatomical areas.
(e)
Cabaret. "Cabaret"
means-
a nightclub,
theater or
other establishment
which
features live
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IME F. COLEMAN
CRY ATTORNEY
OF BURLINGAME
PRIMROSE ROAD
WN E,CALIF.94=
performances by topless and/or bottomless dancers, "go-go"
dancers, strippers, or similar entertainers, where such
performances are distinguished or characterized by an
emphasis on specified sexual activities or specified
anatomical areas.
(f) Model Studio. "Model Studio" means any
business where, for any form of consideration or gratuity,
figure models who display specified anatomical areas are
provided to be observed, sketched, drawn, painted,
sculptured, photographed, or similarly depicted by persons
paying such consideration or gratuity.
(g) Sexual Encounter Center, "Sexual encounter
center" means any business, agency or person who, for any
form of consideration or gratuity, provides a place where
three or more persons, not all members of the same family,
may congregate, assemble or associate for the purpose of
engaging in specified sexual activities or exposing
specified anatomical areas.
(h) Strip Tease Establishment. 11strip tease
establishment" means any place to which the public is
admitted or invited which features live performances,
fashion shows, or demonstrations intended to amuse or
entertain the patrons, and distinguished or characterized
by an emphasis on the removal of clothing of the
participants.
(k) Any other business or establishment which
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COLEMAN
OF BUR LINGAME
PRIMROSE ROAD
INGAME, CAFE 94010
offers its patrons services or entertainment characterized
by an emphasis on matter depicting, describing or relating
to specified sexual activities or specified anatomical
(2) For the purposes of this chapter, "specified
sexual activities" shall include the following:
(a) Human genitals in a state of sexual stimulation
or arousal.
(b) Actual or simulated acts of human masturbation,
sexual intercourse, or sodomy. T
(c) Fondling or other erotic touching of human
genitals, pubic region, buttock, or female
breast.
For the purposes of this chapter, "specified anatomical
areas" shall include the following:
Less than completely and opaquely covered: (1) human
genitals or pubic region; (2) buttock; and (3) female
breast below a point immediately above the top of the
areola.
25.75.030 Special Regulations. (a) Adult
entertainment business shall only be allowed in the C-4
district.
(b) No adult entertainment business shall be
established:
(1) Within one thousand feet of any other
adult entertainment business or
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/ME F. COLEMAN
OF BURLINGAME
PRIMROSE ROAD
1NG E,OALIF.94010
(2) Within one thousand feet of any park,
playground, public, building, or any establishment
principally characterized by the offering of goods or
services to minors.
(C) The establishment of any entertainment
business includes the opening or reopening (closed for any
reason) and any transfers of the business as a new
business, the relocation of such business, or the
conversion of an existing business or business location to
any adult entertainment business use.
Section 25.76.040 Public Display of Certain
Matter Prohibited. All building openings, entries, and
windows of adult entertainment businesses shall be located,
covered, or screened in such a manner as to prevent a view
into the interior from any public or semi-public area,
including public sidewalks, streets, arcades, hallways, or
passageways of any material which has as its primary or
dominant theme matter depicting, illustrating, describing,
or relating to "specified sexual activities" or "specified
anatomical areas" as defined in this chapter. Furthermore,
such businesses may not have signs, graphics or window
displays which in any way present, depict, illustrate, or
describe such material when such material has as its
purpose or effect sexual arousal, gratification, or
affront."
Section..19. Section 22.48.110 is added to said
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IME F. COLEMAN
CM A�ORNEY
OF BURLINGAME
PRIMROSE ROAD
INGAME.0 17..94010
code to read as follows:
"Section 22.48.110 Adult business signs. Any
sign which violates the provisions of Section 25.76.040 of
this code is prohibited."
Section 20. It is hereby declared that there is
a current and immediate threat to the public health, safety
and welfare and this ordinance is therefore an urgency
measure as provided by law, and shall take effect upon its
adoption.
The facts constituting such urgency are as
follows:
Under the current zoning ordinances of the City
of Burlingame massage and bathing establishments and adult
entertainment businesses may be located adjacent to
residential districts, and one massage and bathing
establishment has been so established immediately adjacent
to single family dwellings. Because such businesses may
possess objectional operational characteristics, and to
prevent further establishment of them near residential
districts, it is necessary for the preservation of the
public health, safety and welfare that the zoning code be
immediately amended to define adult entertainment
businesses and to amend the zoning ordinances so that all
such businesses are restricted to certain more appropriate
districts.
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JME F. COLEMAN
' OF DURLINGAME
PRIMROSE ROAD
JNGAME,C F.94010
Section 21. This ordinance shall be published as
required by law.
MAYOR
I, JUDITH A. MALFATTI, City Clerk of the City of
Burlingame, do hereby certify that the foregoing URGENCY
ORDINANCE was introduced and adopted at a regular
meeting of the City Council held on the Sth day of
November . 19901 by the following vote:
AYES: COUNCILMEMBERS: BARYON, HARRISON, LEMBI, O'MAHONY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: PAGLIARO
t CITY CLERK