HomeMy WebLinkAboutOrd 1894ORDINANCE NO, 1 894
ORDINANCE OF THE CITY OF BURLINGAME AMENDING TITLE 6 OF
THE Bi_IRLINGAME MUNICIPAL CODE TO REFLECT CHANGES IN
STATE LAW GOVERNING MASSAGE PRACTITIONERS, IMPLEMENT
VERIFICATION PROCESS FOR STATE -ISSUED MASSAGE
CERTIFICATIONS, AND UPDATE APPLICABLE HEALTH AND SAFETY
REGULATIONS.
WHEREAS the California Legislature enacted Senate Bi11731 which substantially revised portions of the
California Business and Professions Code governing massage practifioners and establishments; and
WHEREAS the revised California Business and Professions Code now expressly preempts conflicting
local laws governing massage practitioners; and
WHEREAS current Title 6 of the Burlingame Municipal. Code regulates massage practitioners in a
mumer inconsistent with Senate Bill 731; and
WHEREAS the City currently has no process for authenticating or registering state -issued cerkificafions
for massage practitioners; and
WHEREAS current heath and safety regulations applicable to massage establishments and practitioners
should be updated to reflect best practices of analegeus-comparable city an
d county regulations; and
WHEREAS current Chapter 6.4 of the Burlingame Municipal Code regulates Massage, Spa and Bathing
Establishments within the City and, aft
er adoption of the massage provisions herein, there remains a
continuing need to regulate Spa and Bathing Establishments;
NOW, THEREFORE, the City Council does hereby ordain as follows:
DNISION 1:
Burlingame Municipal Code Title 6 is hereby amended as follows:
Section 1, Current Chapter 6.40, Massage, Spa, and Bathing Establishments is hereby
renamed "Spa and Bathing Establishments," and amended as follows:
6.40.010 Purpose.
It is the purpose and intent of the city council that the operation of massage, spa, bathing and
other similar establishments and persons offering services therein, wherein the principal function
is the provision of massages -and -baths and spa services, as defined in this chapter, should be
regulated in the interests of public health, safety and welfare by providing minimum building
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 further intended that these provisions provide a
framework that is consistent with regulations imposed by nearby communities on similar
businesses. (Ord. 988 § t (part), (1973); Ord. 1426 § 2 (part), (1990); Ord. 1431 § 1 (part),
(1991); Ord. 1484 § 2 (part), (1993); Ord. 1750 § 2 (part), (2005))
6.40.020 Permit required.
(a) It 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 spa, bathing or
other similar establishment, , having -massages baths or spa
services as their principal function, all as defined herein, unless the person has first obtained an
operator's permit for such a business from the city and the permit remains in effect in accordance
with the provisions of this chapter.
(b) It is unlawful for any person to act as a inassage-spa or bathingpractitioner as defined in
this chapter unless that person has first obtained a massage -practitioner's permit from the city and
the permit remains in effect in accordance with the provisions of this chapter. (Ord. 988 § 1
(part), (1973); Ord. 1426 § 2 (part), (1990); Ord. 1431 § 1 (part), (1991); Ord. 1484 § 2 (part),
(1993); Ord. 1750 § 2 (part), (zoos))
6.40.030 Definitions.
F,or the purpose of this chapter, the following words and phrases shall have the meanings
respectively ascribed to thein by this section:
(a) "Health officer" means the health officer of the Ceounty of San Mateo or the health
officer's authorized representative.
chapter.(b) Instrument' 'means any tool or ins ment, but does not include physical agent
nodalities, including light/laser therapy, ultrasound, phonophoresis, microcurrent, TENS,
euromuscular electrical stimulation (NWS), iontophoresis, interferential current, or HiVolt.
feat or cold packs are not considered instruments under this
etherAing, rubbing, pf essifig, stf ekiiig, kneading, tapping, petinding, 3vibuffthig ey stimulating with
he hands, - heman bedy,-
r a" instrument-.
(d) 'Massage, spa, bathing or athef similff establishment" of "massage establis1hffiefw'
blishffiefft having a fixed --
ea4mems, invehring ftiassage, hot tubs, satmas, ef baths as the piineipal function, are given,
0.
(e) "Massage praefitionei'means any pefseff who admiftistefs a massage, bath or heft
eftsidefcAieii whatsoever.
• .n who owns or operates a massage, spa, battring or
partnership,(g) "Out call massage sefviee" means a" busiftess, in whieh the primary fiffietieli Of Stieh
—(h— "Person" means any individual, firm, association,corporation,
enture, or combination of individuals.
eheeh- (e) "Practitioner" means any person who administers a bath or health treatment
nvolving baths or spa services as a mincipal function to another oerson
whatsoever
(t) "Spa services" means any bearity and health treatment not subject to independent
regulation or certification under state or local law.
(9) "Spa, bathing or other similar establishment" means any establishment having_ a fixed
place of business where baths or health treatments, involving 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 Section 6.40.030(f). "Spa, bathing, or other similar
establishments" does not include massage services, or those services subject to independent
r gulation or certification under state or local law.
_(Ord.
988 § 1 (part),
(1973); Ord. 1426 § 2 (part),
(1990); Ord.
1431 § 1 (part), (1991); Ord.
1484 § 2
(part), (1993);
Ord. 1750 § 2 (part), (2005);
Ord. 1821 §
2, (2008))
6.40.035 Corporations and partnerships.
If the applicant is a corporation, the name of the corporation shall be set forth exactly as
shown in its articles of incorporation together with the names and residence addresses of each of
the officers, directors and each stockholder holding more than ten (10) percent of the stock of the
corporation. Each officer of the corporation or each partner in a partnership must submit an
application and comply with Section 6.40.040. If one or more of the partners is a corporation, the
provisions above pertaining to a corporate applicant apply. (Ord. 1431 § 1 (part), (1991); Ord.
1484 § 2 (part), (1993); Ord. 1750 § 2 (part), 2005))
6.40.040 Application for permit.
Any person, except as herein otherwise provided, desiring a permit to operate a massage; spa,
bathing or similar establishment er " , having massage-er• baths or spa
services as their principal function, or to engage in the praeticc of giving massages er Laths shall
first make application therefor for permit under this chapter by filing with the license collector a
sWC rn application in writing on a form to be famished by the license collector which shall give
the following information; an operator -massage practitioner may make a single application and
pay a single fee:
(a) Name, residence, and telephone number;
(b) The previous address of the applicant for the ten (1.0) years immediately prior to the
present address of the applicant;
(c) Social Security number and driver's license number, if any;
(d) Birth certificate or other written proof acceptable to the police department that the
applicant is at least eighteen (18) years of age;
(e) 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 bead and shoulders
of the applicant in a clear and distinct manner;
(f) Applicant's height, weight, color of eyes and hair;
(g) Business, occupation or employment of the applicant for the ten (10) years immediately
preceding the date of application;
(h) The business license and permit history of the applicant for massage of
businesses, whether individually or as a member or part of a corporation, partnership, or other
business, wherever located. The history shall include a statement as to whether any previous
permit or license in which the applicant was involved was revoked or suspended or any
reavocation or suspension is pending, and the reasons for the previous or proposed revocation or
suspension;
(i) If the application is for a -massage practitioner permit, the name and address of the
establishment where the applicant is to be employed and the name of the operator of the same;
0) Whether the applicant has ever been convicted of any crime, except misdemeanor traffic
violations. For each such conviction, a statement shall 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;
(k) Whether any previous employer or person while employed by or with 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 311.7, 314, 315, 316, 318, 318.5, 318.6, or 647(a), (b), (d), (h), (i), or (k) of
the Penal Code;
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ethe.l.. pfa f ..sign e work ef„f.,.....age of baths of health «,-.dice with rela+ie . thereto of the.
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(1) Twe hundred (200) hours;
(2) As of October 1, -20% 4�vva hufldred dcm v
(3) As of Oeteher t 2007,4ffeektitidEed fifty (350) hours;
(4) As of October 1 2008 f,.,.« ht ffidred t.. e«t. five (425) hours; an
(5) As ,.f O t,.he,. 1 'lnnn five h, ndfe.1 (500) h,..,«...provided,
heweye.. that an applieanL
p"ee
�a �1) Proof of applicable certifications, if any, including but not limited to diplomas and
transcripts from schools providing coursework in the fields of the spa and bathing therapy
(in) Such other identification and information necessary to discover the truth of matters
hereinbefore specified as required to be set forth in the application;
(en) A certificate executed under penalty of perjury from a medical doctor stating that the
applicant has, within thirty (30) days immediately prior to the filing of the application, been
examined and found to be free from any infectious, contagious or communicable disease capable
of being transmitted through th_._ape:.A4e massagebathing and spa therapy;
(po) 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 and the qualifications and record of the applicant;
(,.) A certificate f.,.m a ,....,a:,.,.1 __,.et:t;,,..er ....pek4ed 1.. the , . that eenfirms the
appliewWs knowledge of physielegy, anateffJJF, and teehnique relating to the field of fnassage
pre..ide.1 that an applicant for an ,. permwho .will h,..,e «e ,.,h. sieal eatitaet with
(r) 1f the appheation is fe« .,« .. pefrapfe..f of current effers ,,,1 a
Rialpfaetiee insurance in the amount of not less than five htradi-7ed dietisand dellars ($500,000.00),
pro.,ides afftiamatie malpfaet;ee insu«,.«ee as e «.ewibe«..h:.. he«eft;
Current certification in cardiopulmonary resuscitation and first aid from the
American Heart Association or the American Red Cross.
(tq) If the application is for an operator's permit, the name and address of the owner and
lessor of the real property upon or in or from which the business is to be conducted. If the
applicant is not the owner of the real property, the owner of the real property must sign and
acknowledge the application.
(ur) If the application is for an operator's permit, a safety plan including, but not limited to,
exterior lighting, parking lot security, and emergency access to the establishment. (Ord. 988 § 1
(part), (1973); Ord. 1426 § 2 (part), (1990); Ord. 1431 § 1 (part), (1991); Ord. 1484 § 2 (part),
(1993); Ord. 1750 § 2 (part), (2005): Ord. 1755 § 2, (2005))
6.40.050 Exemptions.
The permits required by this chapter for operators shall not apply to hospitals, nursing homes,
sanitariums, or other healthcare facilities duly licensed by the state of California. (Ord. 988 § 1
(part), (1973); Ord. 1431 § 1 (part), (1991); Ord. 1484 § 2 (part), (1993); Ord. 1750 § 2 (part),
(2005))
6.40.055 Exemptions from tnassaE3e-practitioner permit requirements.
The massage practitioner permit required by this chapter shall not apply to the following:
(a) Physicians, surgeons, chiropractors, osteopaths, acupuncturists, 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) Nurses duly registered by the state of California, but only when engaged in the practice
for which they are so registered and in accordance with the terms of the registration.
(c) 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
conforman
ce with the state license.
(d) Cosmetologists or barbers who are licensed by the state of California, but only when
engaged in the practice for which they are so registered and in accordance with the terms of the
registration.
(e) 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.
(f) Trainers of semi-professional or professional athletic teams, but only while acting within
the scope of employment to the team. (Ord. 1750 § 2 (part), (2005); Ord. 1821 § 3, (2008))
(g) Massage practitioners as defined and regulated under Chapter 6.50 of this Code.
6.40.057 Permit not entitlement to violate other laws.
The issuance of a permit under this chapter shall not entitle the permittee to engage in any
business or practice which for any reason is in violation of any law or ordinance and shall not
entitle the holder thereof to carry on any business or practice unless he or she has complied with
alI the requirements under the other ordinances of the city and all other applicable laws, nor shall
it entitle the permittee 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. In particular, a permit issued under this
chapter does not entitle any person to use physical agent modalities that require separate licensing
by the state of California, including light/laser therapy, ultrasound, phonophoresis, microcurrent,
TENS, neuromuscular electrical stimulation (NMES) iontophoresis, interferential current, or
HiVolt. (Ord. 1821 § 4, (200 8))
6.40.060 Permit fee and investigation.
(a) All applications for initial permits shall be accompanied by a filing and investigation fee
as established by resolution adopted by the city council from time to time, no part of which is
refundable. Additional fees may be charged to cover costs of processing the applicant's
fingerprints by the state of California and for the medical examiner's competency examination.
(b) Upon receipt of a complete operator's application, the license collector shall refer the
application to the director of community development, building official, the fire department and
the police department, each of which within a period of thirty (30) days from the date of filing the
application shall inspect the premises proposed to be used as a massagespa or bathing
establishment, interview the applicant or any other person and make any other investigation
necessary to make a written recommendation to the police department; provided that the thirty
(30) days may be extended for such period as may be necessary to obtain fingerprint records from
the appropriate state agency.
(c) Applications for -massage practitioner permits shall be referred only to the police and
community development departments. The community development department shall provide its
findings to the police department within thirty (30) days of the filing of a complete application.
(Ord. 988 § 1 (part), (1973); Ord. 1431 § 1 (part), (1991); Ord. 1484 § 2 (part), (1993); Ord. 1750
§ 2 (part), (2005); Ord. 1806 § 5, (2007); Ord. 1823 § 8, (2008))
6.40.070 Business license.
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
and the permit to operate is approved. The business license shall then be issued upon payment of
the business license fee as provided in Chapter 6.04 of this code. (Ord. 988 § 1 (part), (1973);
Ord. 1431 § 1 (part), (1991); Ord. 1484 § 2 (part), (1993); Ord. 1750 § 2 (part), (2005))
6.40.080 Issuance or denial of permit.
(a) Upon receipt of the investigation reports from each of the departments to whom the
application has been referred, the police department shall issue the requested permit if all required
information_, :fte1..a:ng dipl,.ma e_ ,..+ar.,.,.t.,. has been furnished and the reports filed find that:
(1) The ehafaeter of the applicant is satisfac4etzy;
(1-2) If the application is for an operator's permit, the establishment as proposed would
comply with all and not violate any applicable laws, including, but not limited to, the city's
building, fire, health and zoning regulations;
(23) The applicant has not been convicted in a court of competent jurisdiction of an offense
involving:
(A) Conduct that requires registration under Penal Code Section 290, or
(B) Violations of Penal Code Sections 266(1), 311, 311.1, 311.2, 311.3, 311.4, 311.5, 311.6,
311.7, 311.10, 311.11, 314, 315, 316, 318, 318.5, 318.65 459, 518, or 647(a), (b), (d) or (h), or
comparable provisions of the laws of any other state, the United States, or any other country, or
(C) Any other offense involving sexual misconduct with a child;
(4) The applicant has not been convicted of the use of force
or violence upon another,
provided that misdemean
or convictions shall be a basis for denial for a paled ep riod of five (5)
years fr
om the date of conviction;
(5) The applicant has not knowingly and with hrteit to deceive made any false, misleading
or fraudulent oral or written statements in the permit application or to any person investigating
the application;
(6) The applicant does not have an infectious, contagious or communicable disease that
could be transmitted through the provision of bathing or spa services, and is not in violation of
airy federal, state or local health law or regulation;
7.f7��r�ee!esf !�rs�x�e��es
r
Qom` T'",c-city has not denied a previous application by the applicant for an operator's or
massage practitioner permit within the twelve (12) months immediately preceding the date of the
application;
(b) The permit shall be denied if all of the above findings cannot be made or if all of the
information required is not supplied to the city. If denied, the reasons therefor shall be endorsed
upon the application, and the police department shall notify the applicant of the disapproval with
a copy of the application upon which the reasons have been endorsed by first class mail. (Ord.
988 § 1 (part), (1973); Ord. 1431 § 1 (part), (1991); Ord. 1484 § 2 (part), (1993); Ord. 1750 § 2
(part), (2005); Ord. 1833 § 2, (2008))
6.40.090 Appeal.
If a permit 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. 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, within thirty (30) 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.
(b) 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.
(c) All findings of the council shall be final and conclusive upon the applicant. (Ord. 988 § 1
(part), (1973); Ord. 1431 § 1 (part); (1991); Ord. 1484 § 2 (part); (1993); Ord. 1750 § 2 (part
),
(2005))
Alifflassage, spa, 5.
operatingomply with the following
(1) Advertising. No massage establishffiefA ef atit eall faassage service granted a perm
-- - -
11M_..
1 .
10
(b) n..t G ll ?vlassage Service. niiy pe_se grafte,l ^ am r this ^1,^..t^....,a^
wtief, manager or person in ehafge ef �he hetel ef motel that the peittflittee i4efids to provide
«ed at the hotel o fftetel 5�v copy and g e f the
�
(e) List of Sefviees. A massage establishffiei4 shall pest a list of services in feadib
,. ff .. anvr masrage wrxwes n the remises other than these posted on the list
--(d--La) Sanitation and Conduct. All establishments shall comply with the following
minimum sanitation requirements:
(1) Employees and Nfassage-Practitioners. All employees in a,.,assa^^ establishmernssa
and/or massage pfaet4ietiefsbathing establishments shall perform their work fully clothed, be
clean and wear clean outer garments whose use is restricted to the establishment. 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. Separate dressing rooms and toilet facilities
complying with the city building codes shall be provided for each sex.
(2) Linens. All establishments shall be provided with clean, laundered sheets and
tewelslinens 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 sued linens.
(3) Facilities. At least one entrance door allowing access to the establishment and any
building it may be in; shall remain unlocked during business hours; notwithstan
ding this
provision, the facility shall also comply with e iting and entrance requirements of other
applicable laws and regulations. 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, adequacy of
plumbing, heating, ventilation and waterproofing of rooms where showers, water or steam baths
axe given.
(4) Patron Facilities. Patrons of the establishments shall be famished with securable locker
facilities, for which the patron has the control of the key or lock and security deposit facilities for
the protection of their valuables.
11
(5) Hours. MassageSpa and bathing establishment operations shall be carried on or
conducted, and the premises shall be open, only 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 zoningor r use permit restrictions.
(6) Disabled Access. Each-Bnasaage establishment shall be disabled accessible with
restrooms available with disabled access.
(7) Changing Rooms. Each-maesage establishment shall provide separate restroom and
changing rooms for male and female patrons.
(8) Lighting. Minimum lighting shall be at least one si� (60) watt ligk in eaeh eftelesure
Fill be3�Nrithin the enelesttfe. Thefe shall be ne light iti the e"elesure that is operated fFern e4side
he erielosufe. There shall be no sound deviee (i.e., buzzer of bell) thaii ean be opefated from
utside the massage eiielestife.
(9) Reeefds. Eaeh fliassage estaWishiiiefft shall keep a wFitten record of the date and hetif a
fffefeemeii� ef this ehapter and fer ne ether pth�pese. Stieh feeefds will be kept an the premises
(1 0) No Residential Use No part of the 8 No Residential Use. No art of the
establishment shall be used for residential or sleeping purposes. No cooking or food preparation
will be allowed on the premises unless a full service kitchen is installed. Such kitchen will be for
the sole use of employees, and will be installed in an employees -only area. The full service
kitchen will have a minimum
of a sink with hot and cold running water, a refrigerator, a stove,
and
sufficient cabinets to store cooking utensils
(Ord. 988 § 1 (part),
(1973); Ord. 1426 § 2 (part), (1990); Ord. 1431 § 1 (part), (1991); Ord. 1484 § 2 (part), (1993);
rd. 1750 �§ (pm�20"
12
6.40.110 Inspection byo cas.
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. (Ord. 988 § 1 (part), (1973); Ord. 1431 §
1 (part), (1991); Ord. 1484 § 2 (part), (1993); Ord. 1750 § 2 (part), (2005))
6.40.115 Surety bond.
(a) Each applicant for an operator's permit shall post with the city clerk, a surety in the
principal sum amount of ten thousand dollars ($10,000.00) either in cash or executed as surety by
good and sufficient corporate surety authorized to do a surety business in the state of California
and as principal by the applicant. The form of the bond shall have been approved by the city
attorney and shall provide that should the applicant be issued a permit under this chapter which is
subsequently suspended or revoked, the city shall be reimbursed from such bond for all costs of
any investigation or other proceedings related to the suspension or revocation.
(b) If a holder of an operator's permit under this chapter successfully completes twenty-four
(24), consecutive months in actual operation under the permit without any suspension of the
permit or the filing of any criminal or civil complaint regarding operations under the permit by
either a city attorney, a district attorney, the California Attorney General, or a United States
Attorney, the permitholder may request the city to release the surety bond, which the city shall do
upon. verification that no such suspension or complaint filing has occurred during the. period.
However, if at an
y time following such a release of the surety bond, the city determines that the
permitholder is conducting its operations in violation of this chapter, the chief of police may order
the posting of a surety bond in accordance with subsection (a) above as a condition of continued
operations under the permit. (Ord. 1484 § 2 (part), (1993); Ord. 1689 § 2, (2002); Ord. 1750 § 2
(pmt), (2005))
6.40.120 Sale or transfer of establishment.
(a) Upon sale, transfer or relocation of a massagesspa, bathing or similar establishment, the
permit shall not be transferable without the written approval of the chief of police and the finance
director. An application for such a change shall be accompanied by a nonrefundable filing and
I�
investigation fee as established by resolution adopted by the city council from time to time and
provide all of the information required in Section 6.40.040.
(Ord. 1484 § 2 (part), (1993); Ord. 1750 § 2 (part), (2005); Ord. 1823 § 9,(2008); Ord. 1823 § 9,
(2008))
6.40.130 Revocation or suspension of permits.
(a) Any massage, spa, bathing or similar establishment permit, or et4 albt, or -massage
practitioner permit 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 prorevision of this
chapter or for any grounds that would warrant the denial of such permits in the first instance.
(b) '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 the manager's designated
representative, at which time evidence will be received for the purpose of determining whether or
not the 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. The
manager may impose conditions or restrictions on the permit 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 an
y permit, the permittee may appeal to the
city council in the manner as provided in Section 6.40.090. (Ord. 1484 § 2 (part), (1993); Ord.
1750 § 2 (part), (zoos))
6.40.140 Display of signs and permits.
No person granted an
operator's 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 befff the pietafe of the pefmWee aiid shall be posted within the
establishment in a location immediately available for inspection for representatives of the city,
neluding the permits for out eat! massage aftd massage practitioners. Out eall massage peftnittees
tit eal massage s6fviees., No person granted a permit pursuant to this chapter shall operate under
any other name or at any other location than that specified in the permit. (Ord. 1484 § 2 (part),
(1993); Ord. 1750 § 2 (part), (2005))
14
6.40.150 Notice of changes.
All persons granted permits 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 permit null and void. (Ord. 1484 § 2 (part), (1993); Ord. 1750 § 2 (part),
(2005))
6.40.160 Renewal of permits.
Each permit shall be renewed annually, no less than ninety (90) days prior to the anniversary
date of its issuance. Any permit not renewed shall be null and void on such anniversary date. The
investigation fee for renewals shall be as established by resolution adopted by the city council
from time to time, no part of which is refundable. Additional fees may be charged to cover costs
such as processing fingerprints. Prior to permit renewal being granted the permittee shall:
(1) Provide two (2) photographs of passport size at least two (2) inches by two (2) inches
showing the head and shoulders of the applicant in a clear and distinct manner taken with the
sixty (60) days immediately prior to filing the renewal application and current information
concerning any changes to the facts set forth in the initial or immediately prior renewal
application;
(2) Provide anew certificate, dated within thirty (30) days of the renewal, from a medical
doctor stating that the licensee is free from infectious, contagious or communicable diseases
capable of being transmitted through thefap _ __i _. __ssagesua and bathingtherapies and provide a
current certification in cardiopulmonary resuscitation and first aid from the American Heart
Association or the American Red Cross;
(3) Obtain clearance from the police department that the permittee has had. no arrests or
convictions for violations listed in subsection 6.40.080(a)(3) or (4) of this chapter since the permit
was issued or last renewed;
(4) Provide a eepjr .r,, dipl,.,.,,. of ,..idea. ,.r,..., a ation r_,.... ,. _.,.,.,...:zed , heal
requirementsuffent ,.rsubsection c nn 040( ) e fthi a ebaptiff-.conies of applicable certifications
consistent with industry customs. However, this requirement does not apply if the original permit
was approved before March 22, 2005.
Upon complete submission of this information together with the required filing fee, the permit
shall be renewed. (Ord. 1484 § 2 (part), (1993); Ord. 1750 § 2 (part), (2005); Ord. 1755 § 3,
(2005); Ord. 1823 § 10, (2008); Ord. 1833 § 3, (2008))
15
Section 2. A new Chapter 6.5, Massage Establishments, is hereby enacted as follows:
6. 50.010 Purpose.
It is 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.
6.50.020 Definitions.
For the purpose of this chapter, flee 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
pursuantto Californ
ia Business and Professions Code Section 4600 et seq.; as amended, and
referr
ed 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.
16
(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, john 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.
6.50.030 State certification and city registration required.
(a) It is unlawful for any person to operate; engage in; conduct, carry oii; br permifto 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.
17
6.50.040 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.
6.50.050 Application for registration.
Airy 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 Certificaton 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 identifi
cation 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 mas
sage practitioners
att
ended
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
(2) An applicant who is not certified and owns five percent or more of the business shall
produce in person all of the following:
vi. name, residence, and telephone number
vii. acceptable proof that the employee is at least eighteen years of age
viii. Social Security number and driver's license, if any
18
ix. the previous address of the applicant for the ten (10) years immediately prior to the
present address of the applicant
X, business, occupation or employment of the applicant for the ten (10) years immediately
preceding the date of application;
xi. 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
xii. whether the applicant has ever been convicted of any crime, except misdemeanor traffic
violations. For each such conviction, a statement shall 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
xiii, whether any previous 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(1), 311 through 311.7,
314, 315, 316, 318, 318.5, 318.6, or 647(a), (b), (d), (h), (i), or (k) of the Penal Code
(b) General Business Information
(1) the full true name wider which the 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 address 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
of 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
19
(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
(1) 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 certified 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.
6.50.060 Registration Process.
(a) The police deparhnent shall issue a certificate of registration to any certified sole
- --proprietorship that demonstrates all ofthe following:
----
(1) That the operation, as proposed by the applicant, if permitt
ed, complies with all
applicable laws, including, but not limited to, the city's building, zoning, business license, and
health regulations.
(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.
20
(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.
(2) The owner holds a valid and current state certiftcate 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 tnassage 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 applican
t/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 an
has not been subject to an injunction for nuisan
er for hearing before the
council,
y agency, board,
city,
county,
territory, or
state, denied,
revoked, restricted, or suspended
within the last five
years; and
ce under Penal Code Sections 11225 through
11235 within the last five years.
6.50.070 Appeal.
If registrati
on is dewed, applicant has ten (10) days from the date of mailing the notice within
which to appeal to the city comicIl 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:
(a) Upon receipt of the appeal, the city clerk shall set the matt
21
er for hearing before the
council,
at a regular meeting thereof, within
thirty (30)
days from the date of filing the appeal,
21
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.
(b) On the date set, the council shall hear the matter, and may continue it from time to t me
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 registration and business license. If
it finds that the requirements have not been met satisfactorily, it shall deny the registration.
(c) All findings of the comicil shall be final and conclusive upon the applicant.
6.50.080 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.
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.
6.50.090 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 facili
ties 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 Californ
ia, but only when
engaged in the practice for which they are so registered and in accordance with the terms of the
registration.
22
(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 teen.
6.50.100 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 and shall not
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.
6.50.110 Health and safety operating requirements.
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 registran
t 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. an
d 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.
(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
23
to a prospective client that any service is available other than those services listed pursuant to this
section.
(d) All employees a, 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. 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; shall remain unlocked during business hours; notwithstanding this provision, the facility
shall also comply with exiting and entrance requirements of other applicable laws and
regulations. 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
(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.
0) 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
24
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) Ail establishments shall comply with the following 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 in non -transparent
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.
6.50.120 Display of signs and permits.
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 complian
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.
6.50.140 Revocation or suspension of permits.
(a) Certificates of registrati
on maybe suspended or revoked upon any of the following
grounds:
25
ce with
applicable sign ordinances.
6.50. 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.
6.50.140 Revocation or suspension of permits.
(a) Certificates of registrati
on maybe suspended or revoked upon any of the following
grounds:
25
(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 requ red to register under the provisions of California
Penal 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(b) (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
Califomia Penal 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; or is convicted in any other state of an
offense which, if committed in this state, would have been punishable as one or more referenced
offenses 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, or federal law; or the provisions of this chapter.
(b) Prior to the suspension or revocation 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 whether the registration may be retained. In
the event the registration is suspended or revoked, 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 6.50.070.
26
6.50.150 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 finance director. An
application for such a change shall be accompanied by a nonrefundable filing and investigation
fee as established by resolution adopted by the city council from time to time and provide all of
the information required in Section 6.50.040.
6.50.160 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.
6.50.170 Renewal of registration.
A massage business shall apply to the City to renew its registration certificate at least thirty (30)
days prior to the expiration of said City registration certificate. If an application for renewal of a
City registration certificate and all required information is not timely received and the certificate
expires, no right or privilege to provide massage shall exist.
DIVISION 2:
If any section, subsection, sentence, clause or phrase of flus 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.
27
DIVISION 3:
This Ordinance shall be published in 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 effect thirty (30) days after its final passage.
ANN KEIGHRAN, 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 4th
day of November 2013 and adopted thereafter at a regular meeting of the City Council
held on the � $ day of November 2013, by the following vote:
AYES: COUNCILMEMBERS: BAYLOCK, BROWNRIGG, DEAL, KEIGHRAN,NAGEL
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
t
MARY ELLEN KEARNEY, City Clerk
i�3