HomeMy WebLinkAboutOrd 1918ORDINANCE NO. 1918
ORDINANCE OF THE CITY OF BURLINGAME REPEALING INTERIM
ORDINANCE 1911 AND AMENDING CHAPTER 6.39 OF THE
BURLINGAME MUNICIPAL CODE REGULATING MASSAGE
ESTABLISHMENTS
WHEREAS massage establishments provide valuable therapeutic services to clients within the City of
Burlingame and throughout the. country; and
WHEREAS some establishments engage in illicit activities under the guise of providing massage
services, including prostitution and human trafficking; and
WHEREAS cities have a legitimate interest in regulating massage establishments to protect the public
health, welfare and safety; and
WHEREAS new state law, effective January 2015, clarified cities' authority relative to the regulation of
massage establishments; and
WHEREAS the City enacted a temporary moratorium on new massage establishments in order to allow it
to study the new law and nearby jurisdictions' approaoh under it; and
WHEREAS the temporary moratorium should now be repealed and current Chapter b.39 of the
Burlingame Municipal should be amended to include provisions reflective of now -applicable
state law;
NOW, THEREFORE,. the City Council does hereby ordain as follows:
DIVISION 1:
Burlingame Municipal Code Title 6 is hereby amended as follows:
Section 1. Findings: In enacting these regulations the City Council recognizes that massage
is a viable professional field offering the public valuable health and therapeutic services. The City
Council finds and declares as follows:
(a) The registration and health and safety requirements imposed by this chapter are reasonably
necessary to protect the health, safety and welfare of the citizens of the City.
(b) Massage businesses have been found to present opportunities for acts of prostitution and other
unlawful activity, and, in fact, officers have made arrests for prostitution in massage businesses
located within the City of Burlingame. The City of Burlingame has received numerous
complaints relating to massage establishments, alleging a range of Illicit activities occurring
under the guise of massage services including human trafficking, prostitution, and sexual assault.
(c) The California legislature and the courts have long recognized the necessity of imposing
reasonable regulations and standards for the operation of massage businesses, including but not
limited to minimum educational and experience requirements, passage of a practical examination
of competence, sanitary conditions, hours of operation, and other operational regulations designed
to minimize opportunities for illegal activities and to ensure the protection of the health, safety
and welfare of citizens.
(d) There is a significant risk of injury to clients of massage businesses by improperly trained or
poorly educated massage practitioners.
(e) The presence of businesses known or reputed to be places of prostitution or other illegal
activity can have an adverse impact on surrounding properties and result in blight, foster further
illegal activities, and generally become a public nuisance. It has been the experience of the City
and other municipalities that the concentration of massage businesses in a small area, in
particular, can contribute to blight, depress economic activity in the immediate area, and create
public safety risks associated with cash -based illicit activity.
Section 2. Interim Ordinance 1911, providing for a temporary moratorium on new massage
establishments, is hereby repealed.
Section 3:Chapter 6. 39, Massage Establishments, is hereby amended as follows:
6.39.010 Purpose.
Itis the purpose and intent of the city council that the operation of massage services and persons
offering services therein, wherein the principal function is giving of massages, as defined in this
chapter, should be regulated in the interests of public health, safety and welfare by providing
minimum sanitation and health standards for such establishments, and to ensure that persons
offering services therein shall possess the minimum qualifications necessary to operate such
businesses and to perform such services offered. It is the city's intent to rely upon the uniform
statewide regulations set forth in California Business and Professions Code Section 4600 et seq.
It is further intended that these provisions provide a framework that is consistent with regulations
imposed by nearby communities on similar businesses.
6.39.020 Definitions.
For the purpose of this chapter, the following words and phrases shall have the meanings
respectively ascribed to them by this section:
(a) "Applicant" means any person or entity applying for registration from the city, including
each of the following persons: the responsible managing officer/employee, a general partner, a
limited partner, a shareholder, a sole proprietor, or any person who has a five percent or greater
ownership interest in a massage business whether as an individual, corporate entity, limited
partner, shareholder or sole proprietor.
(b) "California Massage Therapy Council" means the message therapy organization formed
pursuant to California Business and Professions Code Section 4600 et seq., as amended, and
referred to as CAMTC herein.
(C) "Certificate of registration" means a certificate issued by the police department upon
submission of satisfactory evidence that an individual or business has a current and valid state
certification and has satisfied all other requirements pursuant to the provisions of this chapter.
(d) "Certified" means any person holding a current and valid state certificate issued by the
CAMTC pursuant to California Business and Professions Code Section 4600 et seq., as amended.
(e) "Certified massage business" means any business where the only persons employed or
used by that business to provide massage services have current and valid state certifications.
(f) "Certified massage practitioner" means any person holding a current and valid state
certificate issued by the CAMTC pursuant to California Business and Professions Code Section
4600 et seq., as amended.
(g) "Health officer" means the health officer of the county of San Mateo or the health
officer's authorized representative.
(h) "Massage" means any method of treating the external parts of the human body for any
form of consideration. This includes, but is not limited to, bathing, rubbing, pressing, stroking,
kneading, tapping, pounding, vibrating or stimulating with the hands, other parts of the human
body, or any instrument, with or without the aid of any instruments or supplementary aids, such
as oils and creams.
(i) "Massage establishment" means any business where massages, baths or health
treatments, involving massage, hot tubs, saunas, 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 this section.
(j) "Massage practitioner" means any person who administers a massage within a massage
establishment for any form of consideration.
(k) "Person" means any individual, partnership, firm, association, corporation, joint venture,
or combination of individuals.
(1) "Registered" means any individual or business having a current and valid certificate of
registration from the city, unless otherwise noted.
6.39.030 State certification and city registration required.
(a) If is unlawful for any person to operate, engage in, conduct, carry on, or permit to be
operated, engaged in, conducted or carried on (as the owner of the business premises or in any
other capacity) in or upon any premises within the city, the business of a massage establishment
all as defined herein, unless the person has first been certified for such a business, and the
certification remains in effect in accordance with the provisions of this chapter.
(b) It is unlawful for any person to act as a massage practitioner unless that person has first
registered with the city and the registration remains in effect in accordance with the provisions of
this chapter.
6.39.040 Grant of Authority.
The police chief or designated representative shall have the power and authority to promulgate
rules, regulations, and requirements consistent with provisions of this chapter and other law in
connection with the issuance of a certificate of registration. The police chief may designate an
employee of his or her department to make decisions and investigations and take actions under
this chapter.
6.39.050 Application for registration.
Any person, except as herein otherwise provided, desiring to operate a massage business; or to
engage in the practice of giving massages, shall first file a registration application to the police
department on forms provided by the city. This application shall contain all of the following:
(a) State Certification Verification
(1) The applicant and all massage practitioners currently employed or to be employed in the
massage business shall produce in person all of the following:
i. a valid and current state certification
ii, a valid and current CAMTC issued identification card
iii, a current and valid driver's license or identification card issued by a state, federal
governmental agency, or photographic identification bearing a bona fide seal by a foreign
government
V. with respect to the approved massage schools attended by the applicant and all certified
massage practitioners, certified copies of transcripts, a true and correct copy of the diploma(s)
issued, and current contact information of all school(s) the certified massage practitioners
attended
V, If the applicant is the owner of the business and a certified massage practitioner, the
applicant shall produce a sworn statement that the certified massage business shall employ only
certified massage practitioners
vi. a list of other jurisdictions where massage registration certificates or similar licenses are
held, and a statement as to whether any of those certificates or licenses have been revoked or
suspended along with a description of the reasons for such revocation or suspension
(2) An applicant who is not certified and owns five percent or more of the business shall
produce in person all of the following:
i, name, residence, and telephone number
ii. acceptable proof that the employee is at least eighteen years of age
iii. Social Security number and driver's license, if any
iv. the previous address of the applicant for the ten (10) years immediately prior to the
present address of the applicant
V. business, occupation or employment of the applicant for the ten (10) years immediately
preceding the date of application;
vi. fingerprints (taken by the police department for criminal history investigation) and three
(3) portrait photographs at least two (2) inches by two (2) inches, taken within the last
sixty (60) days immediately prior to the date of the filing of the application, showing the
head and shoulders of the applicant in a clear and distinct manner
vH4 whether the applicant has ever been convicted of any crime, except misdemeanor traffic
violations. For each such conviction, a statementshall be made giving the place and court
in which the conviction occurred, the specific charge under which the conviction was
obtained and the sentence imposed as a result of the conviction
viii. whether any previous person while employed by the applicant has been convicted in a
court of competent jurisdicfion of an offense involving conduct which requires
registration under California Penal Code subsection 290, or a violation of subsections
266(i), 311 through 311.7, 314, 315, 3165 318, 318.5, 318.6, or 647(x), (b), (d), (h), (i), or
(k) of the Penal Code
ix. a list of otherjurisdictions where massage registration certificates or similar licenses are
held, and a statement as to whether any of those certificates or licenses have been
revoked or suspended along with a description of the reasons for such revocation or
suspension
(b) General Business Information
(1) the full true name under which rho business will be conducted
(2) the present or proposed address where the business is to be conducted
(3) a complete description of all services to be provided
(4) the name and addre
ss of any massage business or other like business owned or operated
by any person whose name is required to be given pursuant to this section
(5)
a
description of any other business to
be operated on the
same or adjoining premises,
owned
or
controlled by the applicant
(6) the contact information of the owner and lessor of the real property, if any, upon or in
which the business is to be conducted
(7) a true and complete copy of any lease associated with the premises
(8) if the applicant is a corporation, the applicant shall provide certified copies of the Articles
oI Incorporation and Bylaws, along with the name and residence addresses of each of its current
officers and directors, stockholders holding more than five percent of the stock of that
corporation, and its registered agent for receipt of process
(9) if the applicant is a partnership, the applicant shall provide the names and residence
address of each of the partners, including limited partners. If the applicant is a limited
partnership, it shall furnish a copy of its certificate of limited partnership as filed with the county
clerk. If one or more partners is a corporation, the provisions of this subsection pertaining to
corporate applicants shall apply to the corporate partner
(c) Such other identification and information necessary to discover the truth of matters
hereinbefore specified as required to be set forth in the application
(d) A separately signed waiver and release authorizing the city and its authorized agents, and
employees to obtain information and to conduct an investigation into the truth of the statements
made on the application
(e) A signed statement that the owner/applicant shall be responsible for the conduct of all
employees or independent contractors working on the premises of the business and that failure to
comply with California Business and Professions Code Section 4600 et seq., with any local, state,
or federal law, or with the provisions of this chapter may result in the suspension or revocation of
the certificate of registration
(f) Payment of all appropriate fees
(I ) A registration fee, if applicable, shall be set by resolution of the city council and shall be
required only for background check for those applicants of a cert
ified massage business who are
not state certified and own five percent or more of the certified massage business. A registration
fee shall not be charged to certified applicants.
6.39.060 Registration Process.
Registration
with the City is required
in order to conduct a
massage business. Initial registration
shall be for a period of two (2) years,
subject to renewal as
described below.
(a) The police department shall issue a certificate of registration to any certified sole
proprietorship that demonstrates all of the following:
(1) That the operation, as proposed by the applicant, if permitted, complies with all
applicable laws, including, but not limited to, the city's building, zoning, business license, and
health regulations. If a fixed location for the massage business is proposed, no registration
certificate shall be granted for a new massage establishment opening within three hundred (300)
feet of an existing massage establishment. (Registered massage establishments in existence as of
the effective date of this ordinance that are in compliance with the provisions of this chapter are
permitted to remain in their current locations, subject to all otherwise -applicable restrictions).
(2) The owner is the only person employed or used by that business to provide massage
services.
(3) The owner holds a valid and current state certificate issued pursuant to Chapter 10.5 of
the California Business and Professions Code and that the owner/applicant is the same person to
whom the CAMTC issued a valid and current state certificate and identification card.
(4) That the applicant has not made a material misrepresentation in this application or with
respect to any other document or information required by the city with respect to this application
or for an application for a city massage permit under applicable law within the last ten years.
(b) The police department shall issue a certificate of registration to a certified massage
business that demonstrates all of the following:
(1) That the operation, as proposed by the applicant, if permitted, complies with all
applicable laws, including, but not limited to, the city's building, zoning, business license, and
health regulations. If a fixed location for the massage business is proposed, no registration
certificate shall be granted for a new massage establishment opening within three hundred (300)
feet of an existing massage establishment. (Registered massage establishments in existence as of
the effective date of this ordinance that are in compliance with the provisions of this chapter are
permitted to remain in their current locations, subject to all otherwise -applicable restrictions).
(2) The owner holds a valid and current state certificate issued pursuant to Chapter 10.5 of
the California Business and Professions Code and that the owner/applicant is the same person to
whom the CAMTC issued a valid and current state certificate and identification card.
(3) The massage business employs or uses only state certified massage practitioners whose
certifications are valid and current and that owners of the state certificates are the same persons to
whom CAMTC issued valid and current identification cards.
(4) That the applicant has not made a material misrepresentation in this application or with
respect to any other document or information required by the city with respect to this application
or for an application for a city massage permit under applicable law within the last five years.
(5) That the background check for any applicant/owner authorized by this chapter shows that
such person has not been required to register under the provisions of Section 290 of the California
Penal Code; within five years preceding the application had a conviction in court of competent
jurisdiction for any of the crimes identified in Section 4.40.050(A)(1)(d)(vi)(A) through (G)
herein; has not had an individual or business permit or license with any agency, board, city,
county, territory, or state, denied, revoked, restricted, or suspended within the last five years; and
has not been subject to an injunction for nuisance under Penal Code Sections 11225 through
11235 within the last five years.
6.39.070 Appeal.
L4;
If registration or renewal is denied, applicant has ten (10) days from the date of mailing 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. The written appeal application must state the grounds on which the applicant
objects to the denial of the registration or renewal. Notice and a public hearing shall be given as
follows:
(a) Upon receipt of the appeal, the city clerk shall set the matter for hearing before the
council, at a regular meeting thereof, as soon as is practicable but in any event within sixty (60)
days from the date of filing the appeal, and shall give written notice of the hearing to the
applicant at the applicant's address set forth in the appeal by first class mail at least ten (10) days
prior to the hearing date. The date for the appeal hearing may be modified upon the request of the
applicant or upon consultation and agreement between the applicant and the City.
(b) On the date set, the council shall hear the matter, and may continue it from time to time
before reaching a decision. The proceedings before the council shall be informal and the rules of
evidence shall not apply. However, the applicant and any interested parties may present such
evidence as they deem appropriate, provided it complies with the procedures set forth by the
council for appeals. If the council finds that the applicant has satisfactorily met all of the
requirements of this chapter, it shall order the issuance of the registration and business license. If
iI finds that the requirements have not been met satisfactorily, it shall deny the registration.
(c) All findings of the council shall be final and conclusive upon the applicant.
6.39.080 Business license required.
At the time of an initial application for an operator's permit, 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
under this chapter is completed.
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The business
license shall
then
be issued upon payment
of the business license fee
as provided in
Chapter 6.04
of this code.
The
business license fee shall
be commensurate with the
business
license fee charged to other professionals as established by this code.
6.39.090 Exemptions from massage practitioner permit requirements.
The massage practitioner registration required by this chapter shall not apply to the following:
(a) Physicians, surgeons, chiropractors, osteopaths, acupuncturists, nurses and physical
therapists, and occupational therapists duly licensed to practice in the state of California, but only
when engaged in the practice for which they are so licensed and in accordance with the terms of
the licensing.
(b) Employees of hospitals, nursing homes, sanitariums, or other health care facilities duly
licensed by the state of California, but only when engaged in the scope of their employment, and
only at their place of employment at the health care facility, and only within the scope of and in
conformance with the state license.
(c) Cosmetologists or barbers who are licensed by the state of California, but only when
engageA
in the practice for which they are so registered and in accordance with the terms of the
registration.
(d) Accredited elementary school, high school, or college coaches and trainers employed by
a elementary, high school, or college, but only while acting within the scope of employment to
the school.
(e) Trainers of semi-professional or professional athletic teams, but only while acting within
the scope of employment to the team.
1.39.100 Registration not entitlement to violate other laws.
The issuance of a certificate under this chapter shall not entitle the registrant to engage in any
business or practice which for any reason is in violation of any law or ordinance an
d shall not
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entitle the holder thereof to carry on any business or practice unless he or she has complied with
all the requirements under the other ordinances of the city and all other applicable laws, nor shall
it entitle the registrant to carry on any business in any building or on any premises designated in
such permit in the event that such business or premises are situated in a zone or locality in which
the conduct of such business is a violation of any law.
6.39.110 Health and safety operating requirements.
Where applicable state laws, as they may be amended from time to time, directly conflict with the
following, the state provisions shall prevail. Otherwise, all massage establishments shall be
subject to periodic inspection by the city for compliance with the following:
(a) A massage establishment shall post a list of services, including prices, in readily
understood language in an open, public place on the premises of the establishment. No owner,
operator, responsible managing employee, manager, employee, contractor, or registrant shall
permit nor offer any massage services on the premises other than those posted on the list.
(b) All persons shall only provide massages between the hours of 7:00 a.m. and 9:00 p.m..
The hours stated here are the maximum permitted hours; actual hours may be further limited by
applicable zoning or use permit restrictions. All massage activities must be completed within
business hours. Patrons and visitors shall be permitted in the massage business only during hours
of operation. The hours of operation shall be displayed in a conspicuous public place in the
reception area and in any front window clearly visible from outside of the massage business.
Massages commenced prior to 9:00 p.m. must conclude at that hour, regardless of the duration of
the massage.
(c) No massage business shall place, publish, or distribute any advertising matter that depicts
any portion of the human body that would reasonably suggest to prospective clients that any
service is available other than those services listed pursuant to this section. Nor shall any
massage business employ language in the text of such advertising that would reasonably suggest
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to a prospective client that any service is available other than those services listed pursuant to this
section.
(d) All employees in a massage establishment and massage practitioners shall perform their
work fully clothed, be clean and wear clean outer garments whose use is restricted to the
establishment. Massage practitioners shall wear CAMTC-provided identification while on the
premises. Doors to dressing rooms, bathing rooms, and treatment rooms shall open inward, and
shall not be locked. Draw drapes, curtain enclosures, or accordion -pleated closures are acceptable
on all inner dressing and treatment rooms in lieu of doors.
(e) All establishments shall be provided with clean, laundered sheets and towels in sufficient
quantity and shall be laundered after each use thereof and stored in closed, sanitary cabinets.
Heavy white paper may be substituted for sheets provided that such paper is used only once for
each person and then discarded into a sanitary receptacle. Sanitary approved receptacles shall be
provided for the storage of all soiled linens.
(f) At least one entrance door allowing access to the establishment and any building it may
be in, shalt remain unlocked during business hours; notwithstanding this provision, the facility
shall also comply with exiting and entrance requirements of other applicable laws and
regulations. Where there is only one employee or a sole proprietor on site, entrance doors may be
locked. All premises and facilities shall be maintained in a clean and sanitary condition, and shall
be thoroughly cleaned each day of operation. The premises and facilities shall meet all code
requirements of the city as to safety of the structure.
(g) Minimum lighting shall be at least one sixty (60) watt
light in each enclosure where
massage services are performed. The light switch for the interior lights in such enclosure will be
within the enclosure. There shall be no light in the enclosure that is operated from outside the
enclosure. There shall be no sound device (i.e., buzzer or bell) than can be operated from outside
the massage enclosure.
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(h) Secure dressing and locker facilities shall be provided for patrons. Security deposit
facilities for the protection of valuables of the patrons shall also be available.
(i) No massage building located in a building or structure with exterior windows fronting a
public street, highway, walkway, or parking area shall block visibility into the interior reception
and waiting area through the use of curtains, closed blinds, tints, or any other material that
obstructs, blurs, or darkens the view into the premises.
(j) Each massage establishment shall keep a written record of the date and hour of each
treatment the name of the massage therapist administering the treatment; and the type of
treatment administered recorded on a patron release form. Such written record 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 massage establishment for a period of
two (2) years from the date of service.
(k} All establishments shall comply with the fallowing minimum standards of conduct:
(1) No employee, contractor, or massage practitioner shall make any intentional, occasional,
or repetitive contact with the mouth, genitals, anus, or breasts of another person in the massage
establishment or while providing massage services.
(2) No person afflicted with an infection or parasitic infestation transmissible to a patron
shall knowingly massage a patron, or remain on the premises of a certified massage business
while so infected or infested.
(3} All persons on the massage establishment premises must be clothed innon-trans
parent
clothing at all times that shall not expose their genitals, pubic area, or buttocks, or for any
operator of a massage business to allow prohibited dress. Massage clients currently receiving a
massage shall have appropriate draping to cover female breasts and genital and pubic areas.
6.39.120 Display of signs and permits.
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No person registered pursuant to this chapter shall begin operations until a recognizable and
legible sign has been posted at the main entrance to the business premises. All certificates of
registration and shall be posted within the establishment in a location immediately available for
inspection for representatives of the city. No person granted a registration pursuant to this
chapter shall operate under any other name or at any other location than that specified in the
certificate of registration. All signs must in compliance with applicable sign ordinances.
6.39.130 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.
6.39.140 Revocation or suspension of permits.
(a) Certificates of registration maybe suspended or revoked or renewal may be denied upon
any of the following grounds:
(1) A practitioner is no longer in possession of current and valid CAMTC certification. This
subsection shall apply to a sole proprietor or a person employed or used by a massage business to
provide massage.
(2) An owner or sole proprietor: is required to register under the provisions of California
Fenal Code Section 290 (sex offender registration); is convicted of California Penal Code Section
266i (pandering), 315 (keeping or residing in a house of ill -fame), 316 (keeping disorderly
house), 318 (prevailing upon person to visit a place for prostitution), 647(6) (engaging in or
soliciting prostitution), 653.22 (loitering with intent to commit prostitution), 653.23 (supervision
of prostitute); has a business permit or license denied, revoked, restricted, or suspended by any
agency, board, city, county, territory, or state; is subject to an injunction for nuisance pursuant to
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CaliformaPenal Code Sections 11225-11235 (red light abatement); is convicted of a felony
offense involving the sale of a controlled substance; is convicted of any crime involving
dishonesty, fraud, deceit, violence, or moral turpitude; of is convicted in any other state of an
offense which, if committed in this state, would have been punishable as one or more referenced
oMuses in this subdivision.
(3) The city determines that a material misrepresentation was included on the application for
a certificate of registration or renewal.
(4) Violations of any of the following occurred on the premises of a massage business or
were committed by a practitioner: California Business and Professions Code Section 4600 et seq.;
any local, state, of federal law; or the provisions of this chapter.
(b) Prior to the suspension or revocation or refusal of renewal of any permit issued under this
chapter, the registrant shall be entitled to a hearing before the city manager or the manager's
designated representative, at which time evidence will be received for the purpose of determining
whether or not the registration shall be suspended or revoked or renewal refused or whether the
registration may be retained. In the event the registration is suspended or revoked or renewal
refused, the notification of the reasons for such suspension or revocation shall be set forth in
writing and sent to the registrant by means of first class mail. The manager may impose
conditions or restrictions on the registration in lieu of suspension or revocation to attempt to
eliminate violations or nuisances that have been found.
(c) In the event of suspension or revocation of any registration, the registrant may appeal to
the city council in the manner as provided in Section 6.39.070,
6.39.150 Sale or transfer of establishment.
Upon sale, transfer or relocation of a massage establishment, the registration shall not be
transferable without the written approval of the chief of police and the fi
nance director, An
application for such a change shall be accompanied by a nonrefundable filing an
d investigation
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fee as established by resolution adopted by the city council from time to time and provide all of
the information required in Section 6.39.040.
6.39.160 Notice of changes.
All persons registered pursuant to this chapter shall report immediately to the city finance
department and the police department all changes of residence or business address or change of
ownership of the establishment or service. Failure to give such notice within fifteen (15) days of
the event shall render the registration null and void.
6.39.170 Renewal of registration.
A registration certificate issued under this section shall be valid for two (2) years from the date of
issuance. Sixty (60) days prior to the expiration of a current registration certificate, the certificate
holder must submit a renewal request to the police department, updating any information from the
last submission. If the police department is unable to make a determination on the renewal
request within the remaining term of the certificate, the certificate shall not expire while the
police department is in the process of evaluating the request.
If an application for renewal of a City registration certificate and all required information is not
timely received and the cert
ificate expires, no right or privilege to provide massage shall exist.
6.39.180 Enforcement; Remedies Cumulative.
The remedies provided for in this chapter are cumulative and are in addition to existing
enforcement mechan
isms, including those provided in Title 1 of this code and those available
under applicable state and federal law.
DIVISION 2:
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason
held to be invalid, such decision shall not affect the validity of the remaining portions of this
Ordinance. The Council hereby declares that it would have adopted the Ordinance and each
section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid.
DIVISION 3:
This Ordinance shall be published hi a newspaper of general circulation in accordance
with California Government Code Section 36933., published, and circulated in the City of
Burlingame, and shall be in full force and ef£eet thirty (30) days after its final passage.
TERRY NAGEL, Mayor
I, MARY ELLEN KEARNEY, City Clerk of the City of Burlingame, do hereby certify that the
foregoing ordinance was introduced at a regular meeting of the City Council held on the 6`" day
of July 2015 and adopted thereafter at a regular meeting of the City Council held on the 17,' day
of August 2015, by the following vote:
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AYES: COUNCILMEMBERS: BROWN GG, KEIGIIRAN, NAGEL, ORTIZ, ROOT
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ST:
r
MARY ELLEN KEARNEY, City Clerk
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