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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- Section 25.41.020 Section 13 of Ordinance 1426 stated that "subsection 'g' of Section 25.41.020 is hereby repealed".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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 )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 E 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 2 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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. 3 1 2 3 4 6', 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 )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 5 1 2 3 4" 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 )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: 7 7 2 3 4 5 6 7 8 9 10 it 12 13 14 15 (l_) 16 17 18 19 20 21 22 23 24 25 26 )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 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 1 2 3 4 5 6 7 8 9 10 it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 10 1 2 3 4 5, 6 7 8 9 10 17 18 19 20 21 ' 22 23 24 25 26 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 11 1 2 3 4 5 6 7 8 9 1� 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 12 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 1 21 22 23 24 25 26 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 13 1I 2'' 3 4 5 6 7 8 9 10 11 I 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 /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 14 1 2 3 4 5 6 7' 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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. 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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