HomeMy WebLinkAbout2015-06-10 e-packetORDINANCE NO. __ _
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO
STATE OF CALIFORNIA
AN ORDINANCE REPEALING AND REPLACING
CHAPTER 10.16 (REGULATIONS FOR MASSAGE
PARLORS AND MASSAGE SERVICES) OF THE SOUTH
SAN FRANCISCO MUNICIPAL CODE AND MAKING
MODIFICATIONS TO THE SOUTH SAN FRANCISCO
ZONING CODE RELATED TO MASSAGE BUSINESS USES
CITYWIDE
WHEREAS, in July of 2010, the City Council for the City of South San Francisco
("City") adopted a comprehensive update to the City's zoning ordinance, which repealed the
then-existing Title 20 of the South San Francisco Municipal Code ("Zoning Ordinance"), and
replaced it with an entirely new Title that, among other actions, established new zoning districts,
revised and reformatted many then-existing zoning provisions, eliminated inconsistent and
outdated provisions, and codified entirely new zoning provisions, including new land use
regulations and development standards; and,
WHEREAS, since adoption of the Zoning Ordinance Update in July 2010, the City has
identified areas of the Zoning Ordinance that require refinement, clarification, and/or correction,
including revisions to the City's Chapter 20 regulating Massage Business uses Citywide, as
further set forth in the Ordinance; and
WHEREAS, the City's Regulations for Massage Parlor and Massage Services Ordinance
("Massage Ordinance") in Chapter 10.16 also require revisions to remain consistent with the
proposed changes to the Zoning Ordinance; and
WHEREAS, the changes to the Massage Ordinance would be consistent with the model
ordinance for San Mateo County that has been jointly developed for implementation; and
WHEREAS, the City Council has expressed concern about the potential impact(s) that
certain Massage Business uses might have on the City; and
WHEREAS, the California State Legislature has passed Assembly Bill 1147, which
restores local land use authority to regulate Massage Business uses while retaining the State's
authority in certifying massage professionals and approving massage schools; and
WHEREAS, overconcentration of Massage Business uses can contribute to blight and
prevent high quality development and economic activity throughout the City; and
WHEREAS, the City Council now desires to amend the City's land use regulations
applicable to Massage Business uses and the Massage Ordinance administered by the City; and
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WHEREAS, City staff has since reviewed Chapter 10.16 and Chapter 20 and prepared
revisions to the City's Zoning Ordinance ("Zoning Text Amendment") as well as a new Chapter
10.16 to replace the Massage Ordinance; and
WHEREAS, the new Massage Ordinance establishes reasonable regulations and
standards for the operation of massage businesses consistent with the model ordinance created by
San Mateo County for cities; and
WHEREAS, the Zoning Amendment renames "Massage Establishments" as "Massage
Businesses" and revises definitions and regulations for Massage Business uses within the City's
Zoning Code; and
WHEREAS, the Zoning Amendment limits the zoning districts where Massage
Businesses may locate, and strengthens the performance standards for these uses; and
WHEREAS, the Zoning Ordinance was adopted after preparation, circulation,
consideration, and adoption of an Initial StudylNegative Declaration ("ISIND") in accordance
with the California Environmental Quality Act, Public Resources Code Sections 21000, et seq.
("CEQA"), which ISIND analyzed the environmental impacts of adopting the Zoning Ordinance
and concluded that adoption of the Zoning Ordinance could not have a significant effect on the
environment because none of the impacts required to be analyzed under CEQA would exceed
established thresholds of significance; and,
WHEREAS, the refinements, clarifications, and/or corrections set forth in this Zoning
Amendment, as they relate to Massage Business uses Citywide, are minor in nature, the adoption
of which would not result in any new significant environmental effects or a substantial increase
in the severity of any previously identified effects beyond those disclosed and analyzed in the
ISIND prepared and circulated for the Zoning Ordinance, nor do the refinements, clarifications,
and/or corrections constitute a change in the project or change in circumstances that would
require additional environmental review.
NOW, THEREFORE, BE IT ORDAINED that based on the entirety of the Record before
it, as described below, the City Council of the City of South San Francisco does hereby
ORDAIN as follows:
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SECTION I. FINDINGS.
Based on the entirety of the record as described above, the City Council fo r the City of
South San Francisco hereby makes the following findings:
A. General Findings.
1. The foregoing recitals are true and correct and made a part of this Ordinance.
2. The Record for these proceedings, and upon which this Ordinance is based,
includes without limitation, Federal and State law; the California Environmental Quality Act
(Public Resources Code §§ 21000, et seq. ("CEQA")) and the CEQA Guidelines (14 California
Code of Regulations § 15000, et seq.); the South San Francisco 1999 General Plan and General
Plan Environmental Impact Report, including the 2001 updates to the General Plan and 2001
Supplemental Environmental Impact Report; the South San Francisco Municipal Code; the
Initial Study and Negative Declaration prepared for the Zoning Ordinance Update, including all
written comments received; all reports, minutes, and public testimony submitted as part of the
Planning Commission's duly noticed meeting on May 21, 2015; all reports, minutes, and public
testimony submitted as part of the City Council's duly noticed meeting on May 25, 2015; and any
other evidence (within the meaning of Public Resources Code §21080(e) and §21082.2).
3. The documents and other material constituting the record for these proceedings
are located at the Planning Division for the City of South San Francisco, 315 Maple Avenue,
South San Francisco, CA 94080, and in the custody of Director of Economic and Community
Development, Alex Greenwood.
B. Zoning Amendment Findings
1. The proposed Zoning Amendment is consistent with the adopted General Plan
because the Zoning Amendment will reinforce the General Plan policies, is consistent with the
relevant specific plans, and is consistent with the City's overall vision for community
development, economic vitality, and protection of the City without an overconcentration of
Massage Business uses that could contribute to blight as set forth in the General Plan. None of
the new or revised use definitions and modifications to allowable land use tables will conflict
with or impede achievement of any of the goals, policies, or land use designations established in
the General Plan.
2. The Zoning Amendment to rename "Massage Establishments" as "Massage
Businesses", add a "Massage Business" defmition, and limit locations for massage businesses
would protect future land uses in the applicable zoning districts but would not affect any
particular subject property. The zoning districts where massage businesses are conditionally
permitted are generally suitable in terms of access, size of parcel, relationship to similar or
related uses, and other considerations as deemed relevant by the Planning Commission and City
Council because the proposed uses are consistent with General Plan policies, specifically those
policies related to maintaining a balanced land use program with appropriate performance
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standards to prevent an overconcentration of Massage Business uses.
3. The proposed change in pennitted or conditionally pennitted uses in certain
zoning districts will not be detrimental to the use of land in any adjacent zone because the
proposed Zoning Amendment will strengthen perfonnance standards for Massage Businesses
that pertain to overconcentration and safety.
SECTION II. AMENDMENTS.
The City Council hereby amends the following sections of the South San Francisco Municipal
Code to read as follows. Sections and subsections that are not amended by this Ordinance are
not included below, and shall remain in full force and effect.
1. Repeal Chapter 10.16 ("Regulation of Massage Parlors and Massage Services") and
Replace Chapter 10.16 with new text modified from the San Mateo County Model
Ordinance, as follows:
Chapter 10.16 REGULATION OF MASSAGE BUSINESSES
10.l6.010 PURPOSE AND INTENT.
(a) In enacting this chapter, the City Council recognizes that commercial massage
therapy is a professional pursuit which can offer the public valuable health and therapeutic
services .. The City Council further recognizes that, unless properly regulated, the practice of
massage therapy and the operation of massage businesses may be associated with unlawful
activity and pose a threat to the quality of life in the local community. Accordingly? it is the
purpose and intent of this chapter to protect the public health, safety, and welfare by providing
for the orderly regulation of businesses providing massage therapy services, discouraging
prostitution and related illegal activities carried on under the guise of massage therapy, and
establishing certain sanitation, health, and operational standards for massage businesses.
(b) Furthennore, it is the purpose and intent of this chapter to address the negative
impacts identified in the City Council's findings to reduce or prevent neighborhood blight and to
protect and preserve the quality of City neighborhoods and commercial districts; and to enhance
enforcement of criminal statut~ relating to the conduct of operators and employees of massage
businesses.
( c) It is the Council's further purpose and intent to rely upon the unifonn statewide
regulations applicable to massage practitioners and establishments that were enacted by the State
Legislature in 2008 as Business and Professions Code sections 4600 et seq. by Senate Bill 731,
and amended in 2011 by Assembly Bill 619 and in 2014 by Assembly Bill 1147, to restrict the
commercial practice of massage in the City to those persons duly certified to practice by the
California Massage Therapy Council, and to provide for the registration and regulation of
massage businesses for health and safety purposes to the extent allowed by law.
10.16.020 DEFINITIONS.
For the purposes of this chapter, unless the particular provision or the context otherwise
clearly requires, the definitions in this section shall govern the construction, meaning, and
application of words and phrases used in this chapter:
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(a) "Business" i~cludes, but not by way of limitation, everything about which a
person can be employed, and means that which occupies the time, attention, and labor of men
and women for the purpose of producing a livelihood or profit, and connotes the efforts of men
and women by varied and diverse methods of dealing with each other, to improve their
individual economic conditions, and for the purposes of this chapter shall include, without
limitation, the advertising and soliciting of massages. The term "business'" includes, but is not
limited to, a massage practitioner who is the sole owner, operator and employee of a massage
business operating as a sole proprietorship, as well as a massage establishment which employs
massage practitioners and therapists.
(b) "California Massage Therapy Council" or "CAMTC" means the Massage
Therapy Organization formed pursuant to Business and Professions Code section 4600.5.
(c) "Certified Massage Practitioner" means any individual certified by the California
Massage Therapy Council as a Certified Massage Therapist or as a Certified Massage
Practitioner pursuant to California Business and Professions Code sections 4600 et seq.
(d) "City" shall mean the City of South San Francisco
(e) "City Manager" shall mean the City Manager of the City of South San Francisco
or his or her designee
(f) "Client" means the customer or patron who pays for or receives massage services.
(g) "Compensation" means the payment, loan, advance, donation, contribution, deposit,
exchange, or gift of money or anything of value.
(h) "Massage Registration Certificate" means a registration certificate issued by the
Chief of Police upon submission of satisfactory evidence that a massage business satisfies all
necessary provisions of this Chapter, including employs or uses only certified massage
practitioners and the massage business has obtained the necessary zoning approvals pursuant to
Title 20 of this Code and such approvals have been verified by the Planning Department.
(i) "Chief of Police" means the Chief of Police for the City of South San Francisco
and his or her authorized representatives or designees.
(j) "Employee" means any person employed by a massage business who may render
any service to the business, and who receives any form of compensation from the business.
(k) "Enforcement Officials" means the investigating and enforcing officials of the
City of South San Francisco, including but not limited to the Police, Code Enforcement, Health
Officer and Director of Building and Planning, or their designees and San Mateo County Health
officials or their representatives or designees.
(1) "Fire Departmerit" means the Fire Department for the City of South San
Francisco.
(m) "Health Officer" means a health inspector of the San Mateo County Department
of Health or his or her representative or designee and/or a person appointed by the City of South
San Francisco pursuant to the California Health and Safety Code or his or her authorized
representatives or designees to conduct health and safety inspections.
(n) "License Board" means the License Board of the County of San Mateo as it is
defined and constituted in Chapter 5.04 of the San Mateo County Code.
(0) "Massage" or "massage therapy," means and refers to any method of treating the
external parts of the body for remedial, health, or hygienic purposes for any form of
compensation by means of pressure on or friction against, or stroking, kneading, rubbing,
tapping, pounding, or stimulating the external parts of the body, with or without the aid of any
mechanical or electrical apparatus or appliances; or with or without supplementary aids, such as
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rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments, or other similar
preparations commonly used in this practice; or by baths, including but not limited to Turkish,
Russian, Swedish, Japanese, vapor, shower, electric tub, sponge, mineral, fomentation, or any
other type of bath.
(p) "Massage business" means any business that offers massage therapy in exchange
for compensation, whether at a fixed place of business or at a location designated by the
customer or client through outcall massage services. Any business that offers any combination of
massage therapy and bath facilities -including, but not limited to, showers, baths, wet and dry
heat rooms, pools and hot tubs -shall be deemed a massage business under this chapter. The
term "massage business" includes a Certified Massage Practitioner who is the sole owner,
operator and employee of a massage business operating as a sole proprietorship.
(q) "Operator" or "massage business operator" means any and all owners of a
massage business.
(r) "Outcall massage" means the engaging in or carrying on of massage therapy for
compensation in a location other than the business operations address set forth in the massage
business's Registration Certificate.
(s) "Owner" or "Massage business owner" means any of the following persons:
(1) Any person who is a general partner of a general or limited partnership that
owns a Massage Business.
(2) Any person who has a five percent (5%) or greater ownership interest in a
corporation that owns a Massage Business.
(3) Any person who is a member of a limited liability company that owns a
Massage Business.
(4) Any person who has a five percent (5%) or greater ownership interest in any
other type of business association that owns a Massage Business.
(t) "Person" means any individual, firm, association, partnership, corporation, joint
venture, limited liability company, or combination of individuals.
(u) "Practitioner" or "Massage Practitioner" shall be used interchangeably and mean
any person who administers Massage tq another person, for any form of consideration (whether
for the Massage, as part of other services or a product, or otherwise).
(v) "Reception and waiting area" means an area immediately inside the front door of
the Massage Business dedicated to the reception and waiting of patrons of the Massage Business
and visitors, and whi~h is not a Massage Therapy room or otherwise used for the provision of
Massage Therapy services.
(w) "Registration" .means the registration required by this Chapter to operate a
Massage Business.
(x) "School of massage" means any school or institution of learning that is
recognized as an approved school pursuant to Business and Professions Code Division 2,
Chapter 10.5, as currently drafted or as may be amended.
(y) "Sole proprietorship" means and includes any legal fonn of business organization
where the business owner (sometimes referred to as the "sole proprietor") is the only person
employed by that business to provide Massage services.
(z) "Solicit" means to request, ask, demand or otherwise arrange for the provision of
semces.
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10.16.030 CAMTC CERTIFICATION AND MASSAGE BUSINESS REGISTRATION
REQUIRED
(a) Individuals. On and after [Effective Date Of Ordinance], it shall be unlawful for
any individual to practice Massage Therapy for compensation as a Sole Proprietorship or
employee of a massage business or in any other capacity within the
City of South San Franci~co unless that individual is a Certified Massage Practitioner.
(b) Businesses. On and after [Effective Date Of Ordinance], it shall be unlawful for
any business to provide Massage for compensation within the City of South San Francisco unless
all individuals employed by the Massage Business to perform Massage, whether as an employee,
independent contractor, or sole proprietorship, are Certified Massage Practitioners and said
business has obtained a valid Massage Registration Certificate as provided in this Chapter.
10.16.040 MASSAGE BUSINESS REGISTRATION
(a) Application. The registration application for a Massage Registration Certificate
("Registration Certificate") shall include all of the following:
(1) Legal name of the massage business.
(2) Address and telephone number of the massage business.
(3) Legal names of all owners of the massage business.
(4) A list of all of the massage business's employees and independent contractors
who are performing massage and their CAMTC certification.
(5) Residence address and telephone number of all owners of the massage
business.
(6) Business address and telephone number of all owners of the massage business.
(7) The form of business under which the massage business will be operating (i.e.,
corporation, general or limited partnership, limited liability company, or other form).
(8) Each owner or operator of the massage business who is not a CAMTC-
Certified Massage Practitioner shall submit an application for a background check,
including the following: the individual's business, occupation, and employment history
for the five (5) years preceding the date of the application; the inclusive dates of such
employment history; the name and address of any Massage Business or similar business
owned or operated by the individual whether inside or outside the County of San Mateo
and its inc<;>rporated cities.
(9) For all owners, a valid and current driver's license and/or identification issued
by a state or federal governmental agency or other photographic identification bearing a
bona fide seal by a foreign government.
(10) For all owners, a signed statement that all of the information contained in the
application is true and correct; that all owners shall be responsible for the conduct of the
business's employees or independent contractors providing massage services; and
acknowledging that failure to comply with the California Business and Professions Code
sections 4600 et seq., any local, state, or federal law, or the provisions of this Chapter
may result in revocation of the business's Registration Certificate.
(11) Evidence that the business has obtained the necessary zoning approvals
pursuant to Title 20.
(b) Issuance. Upon satisfactory provision by the massage business of the foregoing
documentation, the Chief of Police shall issue the massage business a Registration Certificate,
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which shall be valid for two (2) years from the date of issuance. No reapplication will be
accepted within one (1) year after an application or renewal is denied or a certificate is revoked.
For the purposes of the following subsections "particular location" refers to a specific physical
address. Registration Certificates may not be issued to a Massage Business seeking to operate at
a particular location if:
(1) another Massage Business is or was operating at that particular location and
that Massage Business is currently serving a suspension or revocation pursuant to Section
10.16.110, during the pendency ofthe suspension or one year following revocation;
(2) another Massage Business is or was operating at that particular location and
that Massage Business has received a Notice of Suspension, Revocation or fine issued
pursuant to Sections 10.16.100 and 10.16.110, during the ten day period following receipt
of the Notice or while any appeal of a suspension, revocation or fine is pending.
(3) another Massage Business is or was operating at that particular location and
that Massage Business has outstanding fines issued pursuant to Section 10.16.100 that
have not been paid.
(4) the Massage Business has not obtained the required zoning approvals pursuant
to Title 20.
(5) any of the owners or operators of the Massage Business have a conviction for
any of the offenses listed in Section 10.l6.llO(a)(2)
( c) Amendment. A massage business shall apply to the City to amend its
Registration Certificate within thirty (30) days after any change in the registration information,
including, but not limited to, the hiring or termination of certified massage practitioners, the
change of the business's address, or changes in the owner's addresses and/or telephone numbers.
(d) Renewal. A massage business shall apply to the City to renew its Registration
Certificate at least thirty (30) days prior to the expiration of said Registration Certificate. If an
application for renewal of a Registration Certificate and all required information is not timely
received and the certificate expires, no right or privilege to provide massage shall exist.
(e) Fees. There shall be no fee for the registration application or certificate, or any
amendment or renewal thereof. The provisions of this section shall not prevent the City from
establishing fees for safety inspections as may be' conducted from time to time by the
Enforcement Officials, and for the background checks, fingerprinting, and subsequent arrest
notification for owners of a Massage Business who are not CAMTC-certified and who are
subject to such background checks pursuant to this Chapter. There are certain fees for appeals as
described below.
(f) Transfer. A Registration Certificate shall not be transferred except with the prior
written approval of the Chief of Police. A written request for such transfer shall contain the same
infonnation for the new ownership as is required for applications for registration pursuant to this
section. In the event of denial, notification of the denial and reasons therefore shall be provided
in writing and shall be provided to the applicant by personal delivery or by registered or certified
mail. A Registration Certificate may not be transferred during any period of suspension or one
year following revocation pursuant to Section 10.16.110, during the ten day period following a
Massage Businesses' receipt of a Notice of Suspension, Revocation or fine issued pursuant to
Sections 10.16.1 00 and 10.16.11 0 or while any appeal of a suspension, revocation or fine is
pending. Further, a Registration Certificate may not be transferred until all outstanding fines
issued pursuant to Section 10.16.100 have been paid.
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10.16.050 OPERATING REQUIREMENTS.
On or after [Effective Date of Ordinance J, no person shall engage in, conduct, carry on,
or pennit any Massage within the City of South San Francisco unless all of the following
requirements are met:
(a) CAMTC-certification shall be worn by and clearly visible on the Massage
Practitioner's person during working hours and at all times when the Massage
Practitioner is inside a massage business or providing outcall massage.
(b) Massage shall be provided or given only between the hours of7:00 a.m. and 9:00 p.m.
No massage business shall be open and no massage shall be provided between 9:00 p.m. and
7:00 a.m. A massage commenced prior to 9:00 p.m. shall nevertheless tenninate at 9:00 p.m.,
and, in the case of a massage business, all clients shall exit the premises at that time. It is the
obligation of the massage business, to inform clients of the requirement that services must cease
at 9:00 p.m.
(c) A list of the services available and the cost of such services shall be posted in the
reception area within the massage premises, and shall be described in readily understandable
language. Outcall service providers shall provide such a list to clients in advance of performing
any service. No owner, manager, operator, or responsible managing employee shall pennit, and
no massage practitioner shall offer or perform, any service other than those posted or listed as
required herein, nor shall an operator or a massage practitioner request or charge a fee for any
service other than those on the list of services available and posted in the reception area or
provided to the client in advance of any outcall services.
(d) A copy of the CAMTC certificate of each and every Massage Practitioner employed
in the business shall be displayed in the reception area or similar open public place on the
premises. CAMTC certificates of former employees and/or contractors shall be removed as soon
as those massage practitioners are no longer employed by or offering services through the
massage business.
(e) For each Massage service provided, every massage business shall keep
a complete and legible written record of the following infonnation: the date and hour that service
was provided; the service received; the name or initials of the employee entering the infonnation;
and the name of the Massage Practitioner administering the service. Such records shall be open
to inspection and copying by police officers, or other City officials charged with enforcement of
this chapter. These records may not be used by any Massage Practitioner or operator for any
purpose other than as records of service provided and may not be provided to other parties by the
Massage Practitioner or operator unless otherwise required by law. Such records shall be retained
on the premises of the massage business for a period .of two (2) years and be immediately
available for inspection during business hours.
(t) Massage businesses shall at all times be equipped with an adequate supply of clean
sanitary towels, coverings, and linens. Clean towels, coverings, and linens shall be stored in
enclosed cabinets. Towels and linens shall not be used on more than one {l) client, unless they
have first been laundered and disinfected. Disposable towels and coverings shall not be used on
more than one {l) client. Soiled linens and paper towels shall be deposited in separate, approved
receptacles.
(g) Wet and dry heat rooms, steam or vapor rooms or cabinets, toilet rooms, shower and
bath rooms, tanning booths, whirlpool baths and pools shall be thoroughly cleaned and
disinfected as needed, and at least once each day the premises are open, with a disinfectant
approved by the Health Officer. Bathtubs shall be thoroughly cleaned after each use with a
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disinfectant approved by the Health Officer. All walls, ceilings, floors~ and other physical
facilities for the business must be in good repair, and maintained in a clean and sanitary
condition.
(h) Instruments utilized in performing massage shall not be used on more than one (1)
client unless they have been sterilized, using approved sterilization methods.
(i) All massage business operators and their employees, including Massage Practitioners,
shall wear clean, non-transparent outer garments. Said garments shall not expose their genitals,
pubic areas, buttocks, or chest, and shall not be worn in such manner as to expose the genitals,
pubic areas, buttocks, or chest. For the purposes of this section, outer-garments means a garment
worn over other garments and does not include garments like underwear, bras, lingerie or
swimsuits.
(j) No person shall enter, be, or remain in any part of a massage business while in
possession of an open container of alcohol, or consuming or using any alcoholic beverage or
drugs except pursuant to a prescription for such drugs. The owner, operator, responsible
managing employee, or manager shall not permit any such person to enter or remain upon such
premises.
(k) No massage business shall operate as a school of massage, or use the same facilities
as that of a school of massage.
(1) No massage business shall place, publish or distribute, or cause to be placed,
published or distributed 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 as an available service pursuant to section lO.l6.050(c), nor shall any massage
business employ language in the text of such advertising that would reasonably suggest to a
prospective client that any service is available other than those services as described in
compliance with the provisions of this chapter.
(m) No massage shall be given unless the client's genitals are, at all times, fully covered.
A Massage Practitioner shall not, in the course of administering any massage, make physical
contact with the genitals or private parts of any other person regardless whether the contact is
over or under the persons clothjng.
(n) Where the business has staff available to assure security for clients and massage staff
are behind closed doors, the entry to the reception area of the massage business shall remain
unlocked during business hours when the business is open for business or when clients are
present.
(0) No massage business located in a building or structure with exterior windows fronting
a public street, highway, walkway, or parking area shall, during business hours, 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 unreasonably darkens the .view into the premises. For the
purpose of this sub-section, there is an irrebuttable presumption that the visibility is
impermissibly blocked if more than 10 percent of the interior reception and waiting area is not
visible from the exterior window.
(P) All signs shall be in conformance with the current ordinances of the
City of South San Francisco.
(q) Minimum lighting consisting of at least one (1) artificial light of not less than forty
(40) watts shall be provided and shall be operating in each room or enclosure where massage
services are being performed on clients, and in all areas where clients are present.
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(r) Minimum ventilation shall be provided in accordance with the Uniform Building Code
and any other applicable regulations.
(s) Hot and cold running water shall be provided at all times.
(t) Adequate dressing, locker and toilet facilities shall be provided for clients.
(u) A minimum of one (1) wash basin for employees shall be provided at all times. The
basin shall be located within or as close as practicable to the area devoted to performing of
massage services. Sanitary towels shall also be provided at each basin.
(v) Pads used' on massage tables shall be covered with material acceptable to the Health
Officer.
(w) All massage businesses shall comply with all state and federal laws and regulations
for handicapped clients.
(x) A Massage Practitioner shall operate only under the name specified in his or her
CAMTC certificate. A massage business shall operate only under the name specified in its
Registration Certificate.
(y) No massage business shall allow any person to reside within the massage business or
in attached structures owned, leased or controlled by the massage business.
(z) Other than custodial or maintenance staff, no persons shall be permitted within the
premises of a massage business between the hours of 11 :00 p.m. and 6:00 a.m.
10.16.060 INSPECTION BY OFFICIALS.
The investigating and enforcing officials of the City of South San Francisco, including
but not limited to the Police, Code Enforcement, Health Officer and Director of Building and
Planning, or their designees, 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 building, fire, electrical, plumbing or health regulations, zoning regulations, and
to enforce compliance With applicable regulations, laws, arid statutes, and with the provisions of
this chapter. The Enforcing Officials may charge a fee for any safety inspections.
10.16.070 NOTIFICA lJONS.
(a) A massage business shall notify the Chief of Police or his or her designee in writing,
of any changes described in Section 10.16.040 pursuant to the timelines specified therein.
(b) A registrant shall report to the Chief of Police any of the following within 96 hours of
the occurrence:
(1) arrests of any employees or owners of the registrant's massage business for an
offense other than a misdemeanor traffic offense;
(2) resignations, terminations, or transfers of practitioners employed by the
registrant's massage business;
(3) any event involving the registrant's massage business or the massage
practitioners employed therein that constitutes a violation of this ordinance or state or
federal law .
c) This provision requires reporting to the Chief of Police even if the massage business
believes that the Chief of Police has or will receive the infonnation from another source.
10.16.080 EXEMPTIONS.
(a) The provisions of this chapter shall not apply to the following classes of individuals or
businesses while engaged in the performance of their duties:
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(1) Physicians, surgeons, chiropractors, osteopaths, nurses or any physical
therapists who are duly licensed to practice their respective professions in the State of
California and persons working directly under the supervision of or at the direction of
such licensed persons, working at the same location as the licensed person, and
administering massage services subject to review or oversight by the licensed person.
(2) Barbers and beauticians who are duly licensed under the laws of the State of
California while engaging in practices within the scope of their licenses, except that this
provision shall ·apply solely to the massaging ofthe neck, face and/or scalp, hands or feet
of the clients.
(3) Hospitals, nursing homes, mental health facilities, or any other health facilities
duly licensed by the State of California, and employees of these licensed institutions,
while acting within the scope of their employment.
(4) Accredited high schools, junior colleges, and colleges or universities whose
coaches and trainers are acting within the scope of their employment.
(5) Trainers of amateur, semi-professional or professional athletes or athletic
teams while engaging in their training responsibilities for and with athletes; and trainers
working in conjunction with a specific athletic event.
(6) Massage practitioners who perfonn massages which are clearly incidental to
the operation of a personal fitness training center, gymnasium, athletic facility or health
club, when the giving of massage for compensation is not a principal function of such
businesses. In detenninine whether massage constitutes a principal or incidental function
of personal fitness training centers, gymnasiums, athletic facilities or health clubs, the
police chief shall consider the percent of income derived from massages, the amount of
floor space devoted to and the number of employees assigned to massage services, as
well as the manner in which the business advertises and holds itself out to the public.
(7) Individuals administering massages or health treatment involving massage to
persons participating in single-occurrence athletic, recreational or festival events, such as
health fairs, road races, track meets, triathlons and other similar events; provided, that all
of the following conditions are satisfied:
(A) The massage services are made equally available to all participants in
the event;
(B) The event is open to participation by the general public or a significant
segment of the public such as employees of sponsoring or participating
corporations;
(C) The massage services are provided at the site of the event and either
during, immediately preceding or immediately following the event;
(D) The sponsors of the event have been advised of and have approved the
provisions of massage services;
(E) The persons providing the massage services are not the primary
sponsors of the event.
10.16.090 UNLAWFUL BUSINESS PRACTICES MAY BE ENJOINED;
REMEDIES CUMULATIVE.
Any massage business operated, conducted, or maintained contrary to the provisions of
this chapter shall constitute an unlawful business practice pursuant to Business & Professions
Code Section 17200 et seq., and the City Attorney or District Attorney may, in the exercise of
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discretion, in addition to or in lieu of taking any other action permitted by this chapter,
commence an action or actions, proceeding or proceedings in the Superior Court of San Mateo
County, seeking an injunction prohibiting the unlawful business practice and/o r any other
remedy available at law, including but not limited to fines, attorneys" fees and costs. All
remedies provided for in this chapter are cumulative.
10.16.100 ADMINISTRATIVE FINES.
(a) Violations. Upon a fmding by the Chief of Police that a business has violated any
provision of this · chapter, the Chief of Police may issue an administrative fine of up to five
hundred dollars ($500).
(b) Separate Violations. Each violation of any provision of this Chapter shall constitute a
separate violation. Each client to whom massage is provided or offered in violation of this
chapter shall also constitute a separate violation. Each day upon which a massage business
remains open for business in violation of this chapter shall also constitute a separate violation.
(c) Fine Procedures. Notice of the fine shall be served by certified mail with the legal
violation and supporting 'facts. The notice shall contain an advisement of the right to file an
appeal with the City Manager or his or her designee contesting the imposition of the fine by
completing a request for an appeal hearing and returning it to the City within fifteen (15) days
from the date of the fine notice together with an advanced deposit in the amount of the penalties
assessed. A request for hearing form may be obtained from the department specified on the
administrative fine notice.
(d) Advance Deposit-Hardship Waiver. No appeal shall proceed without payment of the
advance deposit of the fine owed at the time the appeal is filed; provided, that the City Manager
may waive or defer the advance deposit requirement upon notice that a request for an advance
deposit hardship waiver has been filed. The request for a waiver shall be filed with the finance
department on an "advance deposit hardship waiver application form, available from the finance
department, within ten days of the date of the administrative fine notice. The requirement of
depositing the full amount of the fine shall be stayed unless or until the finance director makes a
determination not to jssue the advance deposit hardship waiver. The finance director may waive
the requirement of an advance deposit only if the cited party submits to the director a sworn
affidavit, together with any supporting documents or materials, demonstrating to the satisfaction
of the director the person's actual financial inability to deposit with the City the full amount of
the fine in advance of the he~ng. If the finance director determines not to issue an advance
deposit hardship waiver, the person shall remit the deposit to the city within ten days of that
decision.
(e) If the City Manager finds that no violation occurred, that the violation was corrected
within the specified time period, or that the person cited is not the responsible party, the City
Manager may issue an administrative order to reflect those facts, and the City shall refund the
amount of the deposited fine within fifteen days from the determination.
(f) Failure to timely submit a completed request for hearing form or to pay the advance
deposit of any penalties constitutes a waiver of the right to appeal and a failure to exhaust
administrative remedies
(g) Penalty Stayed During Appeal. Enforcement of fine shall be stayed during the
pendency of an appeal therefrom which is properly and timely filed, unless the City obtains an
order from a court of competent jurisdiction requiring or authorizing the abatement of the
condition that is the subject of the City's enforcement efforts.
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(h) Appeal Hearings. An appeal hearing based on a request for hearing contesting the
imposition of a fine shall be set for a date not less than ten (10) days nor more than sixty (60)
days from the date the request for hearing form is filed unless the City Manager detennines that
the matter is urgent or that good cause exists for an extension of time, in which case the hearing
date may be shortened or extended, as warranted by the circumstances.
(1) A hearing under authority of this section shall be conducted according to the
procedures set forth herein. The failure of the responsible party or other interested party to
appear at the hearing. following proper notice shall constitute a waiver of the right to be heard
and a failure by such party to exhaust his or her administrative remedies.
(2) When a request for hearing is filed, the City Manager, or his or her designee,
shall set the time and place for hearing pursuant to subsection (h) of this section, and shall serve
a notice of hearing either personally or by U.S. mail, first-class postage prepaid, to the appellant
at the address provided in the request for hearing fonn. The time for such hearing shall be no
sooner than ten (10) days from the date of service of the notice of hearing.
(3) At the place and time set forth in the notice of hearing, the City Manager shall
conduct a hearing on the alleged violations. Any responsible party or other interested person(s)
may appear and offer evidence as to whether a violation has occurred and/or whether the
violation continues to exist, whether the person cited is the responsible party for any such
violation, whether a penalty or the amount of a penalty is warranted, or any other matter
pertaining thereto. Evidence presented by the Enforcement Official or other official of the City
tending to show that a violation occurred and that the person named on the fine notice is the
responsible party shall establish a prima facie case that a violation, as charged, actually existed
and that the person named in the fine notice is the responsible party for the violation. The burden
of proof shall then be on the responsible party to refute such evidence. The standard to be applied
for meeting such burden shall be a preponderance of evidence.
(4) The City Manager shall consider written or oral testimony or other evidence
regarding the violation presented by the responsible party, the owner, the occupant, any officer,
employee, or agent of the City, and any other interested party. Evidence offered during a hearing
must be credible and relevant, but fonnal rules governing the presentation and consideration of
evidence shall not apply.
(5) The ;City Manager shall conduct the hearing, order the . presentation of
evidence, and make any rulings necessary to address procedural issues presented during the
course of the hearing.
(i) Decision of City Manager and Issuance of Notice of Decision. After receiving all of
the evidence presented, the City Manager may then deliberate and consider or may adjourn the
hearing and take matters under consideration. Within ten days following the conclusion of the
hearing, the City Manager shall make a decision regarding the issues presented during the course
of the hearing, and the decision shall be based on a preponderance of the evidence. The City
Manager may sustain the fine, overrule the fine, suspend the fine in accordance with the
procedure outlined below, or decrease the amount of the fine . However the total fine shall not be
reduced below $500.
(1) The City Manager, in his or her discretion, may suspend the imposition of the
applicable fine for a period of time not to exceed sixty (60) days during which the responsible
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party has demonstrated a willingness to correct the violations listed in the fine notice or under
any other circumstances that would justify a suspension ofthe fine.
(2) After making a decision, the hearing officer shall issue a notice of decision to
the responsible party either personally or by U.S. mail, first-class postage prepaid, at the address
provided in the request for hearing form .. The decision will constitute a final administrative order
with no additional administrative right of appeal.
(j) Failure to Pay Fine. If said fine is not paid within thirty (30) days from the date
appearing on the notice of the fine or on the notice of decision from the City Manager, the fine
may be referred to a collection agency within or external to the City. In addition, any outstanding
fines must be paid prior to the issuance or renewal of any registration.
10.16.110 SUSPENSION AND REVOCATION OF MASSAGE REGISTRATION
CERTIFICATES
(a) Reasons. Certificates of registration may be suspended or revoked by the Chief of
Police upon finding any of the following grounds:
(1) A Massage 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 Penal Code section 290 (sex offender registration); is convicted of California
Penal Code sections 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 California 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 Massage Practitioner: California Business and
Professions Code sections 4600 et seq.; any local, state, or federal law; or the provisions
of this chapter.
(b) Procedures. Written notice of the suspension or revocation shall be served on the sole
proprietor or owners by certified mail with the legal violation and supporting facts. The notice
shall contain an advisement of the right to request an appeal hearing before the San Mateo
County License Board.
(c) Time Period of Suspension of Permit. The Chief of Police may suspend a registration
for a period between five (5) days and the end of the license term, at his or her discretion.
(d) Effective Date of Suspension or Revocation. Suspension or revocation
issued pursuant to subsection (b) will be effective ten (10) days from the date 'appearing
on the order, unless a timely appeal is filed in accordance with subsection (e).
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(e) Appeal.
(1) The decision of the Chief of Police is appealable to the License Board.
(2) An appeal must be in writing, and be hand-delivered or mailed to the License
Board and accompanied by a filing fee of$1000.
(3) An appeal must be received by the License Board on or before the effective
date of suspension or revocation provided by subsection (d).
(4) The filing of a timely appeal will stay a suspension or revocation pending a
decision on the appeal by the License Board.
(5) A hearing shall be scheduled before the License Board within thirty (30) days.
Either the Appellant or the Police Chief may request, in writing directed to the Chair of
the License Board, a continuance of the hearing. Such requests must be supported by
good cause. The decision whether to grant a continuance is at the discretion of the Chair
of the License Board, who shall consider whether granting the continuance poses a threat
to public health or safety in light of the severity of the violations alleged.
(6) The decision of the License Board shall be a final administrative order, with
no further administrative right of appeal or reconsideration. The License Board may
sustain a suspension or revocation, overrule a suspension or revocation, reduce a
revocation to a suspension and/or reduce the length of a suspension. However no
revocation or suspension shall be reduced to a length of less than a five day suspension.
Further the License Board may stay the effective date of any suspension for a reasonable
time following a hearing.
(f) Reapplication. No reapplication will be accepted within one (1) year after a certificate
is revoked.
(g) Evidence. The following rules shall apply to any hearing required by this section. All
parties involved shall have the right to offer testimonial, documentary, and tangible evidence
bearing on the issues, to be represented by counsel, and to confront and cross-examine witnesses.
Any relevant evidence may be admitted if it is the sort of evidence upon which reasonable
persons are accustomed to rely in the conduct of serious affairs. Formal rules of evidence and
discovery do not apply to proceedings governed by this chapter. Unless specifically prohibited
by law or explicitly stated otherwise, the burden of proof is on the registrant in any hearing or
other matter under this chapter.
10.16.120 PUBLIC NUISANCE .
It shall be unlawful and a public nuisance for a massage business to be operated, conducted, or
maintained contrary to th~ provisions of this chapter. The City may exercise its discretion, in
addition to or in lieu of prosecuting a criminal action, to commence proceedings for the
abatement, removal, and enjoinment of that business in any manner provided by law.
2. Revise Chapter 20.620.002 to add the "Massage Business" definition and revise the
"Personal Services" definition (Commercial Use Classifications) as follows:
Massage Business.
Massage business" means any business that offers massage therapy in exchange for
compensation, whether at a fixed place of business or at a location designated by the customer or
client through outcall massage services. Any business that offers any combination of massage
therapy and bath facilities -including, but not limited to, showers, baths, wet and dry heat
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rooms, pools and hot tubs -shall be deemed a massage business under this chapter. The term
"massage business" includes a Certified Massage Practitioner who is the sole owner, operator
and employee of a massage business operating as a sole proprietorship. Exempted from this
definition are physicians, surgeons, chiropractors, osteopaths, nurses or any physical therapists
who are duly licensed to practice their respective professions in the State of California and
persons working directly under the supervision of or at the direction of such licensed persons,
working at the saine location as the licensed person, and administering massage services subject
to review or oversight by the licensed person.
Personal Services.
General Personal Services. Provision of recurrently needed services of a personal nature. This
classification includes barber and beauty shops, seamstresses, tailors, dry cleaning agents
(excluding large-scale bulk cleaning plants), shoe repair shops, self-service laundries, video
rental stores, photocopying and photo finishing services, and travel agencies mainly intended for
the consumer.
2. Revise Section 20.350.032 "Personal Services" to remove reference to "Massage
Establishments" and read as follows:
20.350.032 Personal Services
Personal Services shall be located, developed, and operated in compliance with the following
standards:
A. Hours of Operation. Hours of operation shall be limited to 7:00 a.m. to 10:30 p.m.
B. Business License Required. All Personal Services establishments shall maintain a
current City of South San Francisco business license.
3. Add Section 20.350.026.5 "Massage Businesses" to include performance standards
that read as follows:
Massage businesses, including massage businesses conducted as accessory uses, are subject to
the requirements in Municipal Code Chapter 10.16 ("Regulation of Massage Businesses"), and
the following standards.
1. Exceptions. The provisions of this subsection do not apply to the following classes of
individuals or businesses while engaged in the performance of their duties:
a. Physicians, surgeons, chiropractors, osteopaths, nurses or any physical therapists
who are duly licensed to practice their respective professions in the state of
California and persons working directly under the supervision of such licensed
persons;
b. Barbers and beauticians who are duly licensed under the laws of the state of
California while engaging in practices within the scope of their licenses ;
c. Hospitals, nursing homes, sanitariums, or any other similar health facilities duly
licensed by the state of California;
d. Accredited high schools, junior colleges, medical schools, schools of chiropractic,
and colleges or universities whose coaches, trainers, or medical or chiropractic
students are acting within the scope of their employment or instruction; and
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e. Trainers of amateur, semi-professional or professional athletes or athletic teams
while engaging in their training responsibilities for and with athletes; and trainers
working in conjunction with a specific athletic event
£ Massage practitioners who perform massages which are clearly incidental to the
operation of a personal fitness training center, gymnasium, athletic facility or
health club, when the giving of massage for compensation is not a principal
function of . such businesses. In determining whether massage constitutes a
principal or incidental function of personal fitness training centers, gymnasiums,
athletic facilities or health clubs, the police chief shall consider th e percent of
income derived from massages, the amount of floor space devoted to and the
number of employees assigned to massage services, as well as the manner in
which the business advertises and holds itself out to the public.
g. Individuals administering massages or health treatment involving massage to
persons participating in single-occurrence athletic, recreational or festival events,
such as health fairs, ro~d races, track meets, triathlons and other similar events;
provided, that all of the following conditions are satisfied:
i. The massage services are made equally available to all participants in the
event;
11. The event is open to participation by the general public or a significant
segment of the public such as employees of sponsoring or participating
corporations.
iii. The massage services are provided at the site of the event and either
during, immediately preceding or immediately following the event;
IV. The sponsors of the event have been advised of and have approved the
provisions of massage services;
v. The persons providing the massage services are not the primary sponsors
of the event.
h. Individuals providing out-call massage services
2. City Registration Certificates/Use Permit Required. All massage businesses are
required to obtain a either Conditional Use Permit or a Minor Use Permit pursuant to
Chapter 20.490 ("Use Permits") and a City Registration Certificate pursuant to
Section 10.16.040 ("Massage Businesses Registration") of the South San Francisco
Municipal Code. -
3. Location. No such business shall be established or located within 500 feet from any
other massage business.
4. Hours. Massage shall be provided or given only between the hours of 7:00 a.m. and
9:00 p.m. No massage business shall be open and no massage shall be provided
between 9:00 p.m. and 7:00 a.m. A massage commenced prior to 9:00 p.m. shall
nevertheless terminate at 9:00 p.m., and all clients shall exit the premises at that time.
5. Facility ReqUirements. Every massage business shall maintain facilities meeting the
following requirements:
a. A list of the services available and the cost of such services shall be posted in the
reception area within the massage premises, and shall be described in readily
understandable language.
b. A copy of the California Massage Therapy Council ("CAMTC") certificate of
each and every Massage Practitioner employed in the business shall be displayed
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7. Update Table 20.280.003 -Land Use Regulations-Downtown Station Area
Specific Plan Sub-Districts, as indicated below:
Uses Permitted UTe GAC nRC 'fO/Rll Lee 'LNC Addition.d Regulation!;
Commelcial·Ut-c Cla!;sifications '. .. ' . ....
l'vIaintenance and Repair Services , P ---p p
, See Section 20.350.026.5 Massage
Massage Bu~-inesses C C ----
Businesses
Personal Services See mb-c1rusijicatiol/s be/oIP
Section 20.350.032 Personal
GII/era/ Persollal S eroices P P P P P ]-l
Sen,ices
SECTION III. SEVERABILITY.
If any provision of this Ordinance or the application thereof to any person or
circumstance is held invalid or unconstitutional, the remainder of this Ordinance, including the
application of such part or provision to other persons or circumstances shall not be affected
thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are
severable. The City Council of the City of South San Francisco hereby declares that it would
have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof
irrespective of the fact that anyone or more sections, subsections, subdivisions, paragraphs,
sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.
SECTION IV. PUBLICATION AND EFFECTIVE DATE.
Pursuant to the provisions of Government Code Section 36933, a summary of this
Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council
meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the
Summary, and (2) post in the City Clerk's Office a certified copy of this Ordinance. Within
fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the
summary, and (2) post in the City Clerk's Office a certified copy of the full text of this
Ordinance along with the names of those City Council members voting for and against this
Ordinance or otherwise voting. This Ordinance shall become effective thirty (30) days from and
after its adoption.
* * * * * * *
Introduced at a regular meeting of the City Council of the City of South San Francisco,
held the 27 th day of May, 2015.
Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the
City Council held the __ day of , 2015 by the following vote:
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AYES: ____________________________________________________ __
NOES: ____________________________________________________ __
ABSTENTIONS: ___________________________________________ _
ABSENT : ______________________________________ __
Attest: ------------~----------------Krista Martinelli, City Clerk
As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this
__ dayof ,2015.
Mayor
2445487.1
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