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HomeMy WebLinkAboutOrd 891-1982ORDINANCE N0.891-82 AN ORDINANCE ADDING CHAPTER lO.16 ENTITLED "REGULATIONS FOR MASSAGE PARLORS, MASSAGE SERVICES AND PUBLIC BATHHOUSES" TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS FOLLOWS: SECTION 1. CHAPTER 10.16 ADDED. Chapter lO.16 is hereby added to the South San Francisco Municipal Code and shall read as follows: "Chapter lO.16 REGULATIONS FOR MASSAGE PARLORS, MASSAGE SERVICES AND PUBLIC BATHHOUSES Sections: lO.16.010 Purpose and Intent. 10.16.020 Definitions. 10.16.030 Massage Parlor and Bathhous, e Permits. Massage Technician and Employee Permits-Required. 10.16.040 Massage Parlor and Bathhouse Permits. Massage Technician and Employee Permits-Application Fees. 10.16.050 Permit-Application. 10.16.060 Permit-Criteria for Granting and Denying. 10.16.070 Massage Parlor or Bathhouse Application-Inspection by Health Officer. 10.16.080 Massage Parlor or Bathhouse Facilities and Operations-Require- ments. 10.16.090 Inspection by Permit Authority. 10.16.100 Issuance of Notice of Violation. 10.16.110 Business Name. 10.16.120 Business location change. 10.16.130 Sale or Transfer of Massage Parlor or Bathhouse Interest. 10.16.140 Display of Permits. 10.16.150 Revocation or Suspension Recommendation. 10.16.160 Grounds for Revocation or Suspension of Permit. 10.16.170 Hearing by Permi'~ Authority for Revocation or Suspension. 10.16.180 Right of Appeal. 10.16.190, Exemptions. 10.16.200 Violation and Penalties. lO.16.010. PURPOSE AND INTENT. It is the purpose and intent of this Chapter to provide for the orderly regulation of massage parlors and bathhouses in the interests of public health, safety and welfare by providing certain minimum building, sanitation, and operation standards for massage parlors and bathhouses, and by providing certain minimum qualifications for the owners and operators of massage parlors and bathhouses, and for massage technicians and employees. It is the further intent of this Chapter to facilitate the ethical practice of massage. 10.16.020 DEFINITIONS. For the purpose of this Chapter, unless the context clearly requires a different meaning, the words, terms and phrases set forth in this section shall have the meanings given them in this section: A. "Health Officer" means the County Health Officer or any other person exercising the duties of health officer of the City. B. "Permit". Depending on-the context in which it is used, Permit shall either mean the permit to operate a massage parlor or bathhouse as required by this Chapter, or the permit to engage in the activities of a massage technician or massage or bathhouse employee as required by this Chapter. C. "Permit Authority" means the City Manager or his designee charged with the administration of this Chapter. D. "Massage" means any method of pressure on, or friction against, or strok- ing, kneading, rubbing, tapping, pounding, vibrating, manipulating, or stimulating the external parts of the human body with the hands or with the aid of any mechanical, electrical apparatus, or other appliances or devices, with or without such supple- mentary aids as rubbing alcohol, liniment, oil, powder, cream, lotion, ointment or similar preparations. E. "Massage Parlor" means any establishment having a fixed place of busi- ness where any person, as defined in subsection J of this Section, engages in, conducts, CENTRAL RECORDS carries on, or permits to be engaged in, conducted, or carried on as a regular feature of such establishment the activities mentioned in subsection D. of this Section. Any establishment engaging in, carrying on, or permitting any combination of massage and health treatment shall be deemed a massage parlor. This definition shall not include a bona fide athletic club, school, which is maintained pursuaht to standards set by the State Board of Education, gymnasium, reducing salon, or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service. F. "Massage Technician" means any individual who administers massage to another person for any consideration whatsoever. G. "Employee" means any and all individuals, other than massage technicians, massage parlor permittees, and bathhouse permittees who work on the premises in any capacity that excludes physical contact with the customers and clients. H. "Outcall Massage" means the engaging in or carrying on of massage for consideration at a location other than a massage parlor, which has been issued a permit pursuant to this Chapter. I. "Person" means any individual, firm, association, partnership, corpor- ation, joint venture, or combination of individuals. J. "Recognized School of Massage" means any school or institution of learn- ing which has been approved by the Superintendent of Public Instruction pursuant to Section 94311 of the Education Code and Section 18829 of Title 5 of the California Administrative Code and all other applicable sections in said Title 5 pertaining to massage schools. Any school or institution of learning offering or allowing correspond- ence course credit not requiring actual attendance at class, or courses of a massage technician not approved by the California State Department of Education, shall not o CENTRAL RECORD be deemed a recognized school of massage. K. "Bathhouse means any place open to the public including private clubs or organizations wherein any person as defined herein conducts or carries on, or permits to be engaged in, conducted or carried on, the services of baths of any kind including showers, hot tubs, saunas and all other forms and methods of hydro- therapy. This definition does not include a bona fide athletic club, health club, school which is maintained pursuant to standards set by the State Board of Educa- tion, gymnasium, reducing salon, or similar establishment where baths or hydrotherapy are offered as incidental or accessory services, nor shall it include hospitals, nursing homes or sanitoria. 10.16.030. MASSAGE PARLOR AND BATHHOUSE PERMITS. MASSAGE TECHNICIAN AND EMPLOYEE PERMITS - REQUIRED. A. It is unlawful for any person as owner or operator to engage in, conduct, or carry on or to permit to be engaged in, conducted, or carried on, in or upon any premises in the City the operation of a massage parlor or bathhouse, or an outcall massage service as defined in this Chapter, without a valid permit issued by the permit authority as required by this Chapter, and a business license as provided for in Chapters 6.04 through 6.16 of this Code. B. It is unlawful for any individual to engage in the practice of massage in the city for any compensation whatsoever unless such individual holds a valid message technician permit issued by the permit authority as required by this Chapter. C. It is unlawful for any individual who does not hold a valid massage technician permit or a valid message parlor permit to work on the premises of a message parlor or for a person who does not hold a valid bathhouse permit to work on the premises of a bathhouse unless said individual has applied for an employee permit to the permit authority as required by this Chapter. Said application shall be granted or denied within thirty days of the date of the application. It is un- lawful for a message or bathhouse employee to continue working in any massage parlor CENTRAL RECORDS TILE or bathhouse after any denial of said permit. 10.16.040. MASSAGE PARLOR AND BATHHOUSE PERMIT. MASSAGE TECHNICIAN AND EMPLOYEE PERMITS-APPLICATION FEES. Any appli.cation for a massage parlor or bathhouse permit, massage technician permit, massage or bathhouse employee permit shall be accompanied by a nonrefundable processing fee as established by resolution of the City Council. The application fees shall be used to defray the costs of investigation and are not made in lieu of any other fees or taxes required under this code. Any individual who applies for a massage parlor permit and who desires to act as a massage technician within said establishment shall be required to pay the massage parlor permit fee only. 10.16.050. PERMIT-APPLICATION. A. Every application for a massage parlor or bathhouse permit, massage technician permit or permit to work as an employee in a massage parlor or bathhouse shall contain the following information: 1. Name, residence, address, and telephone number of applicant; 2. Driver's license number, if any; 3. The previous residence addresses of applicant, if any, for a period of five years immediately prior to the date of application, and the dates of residence at each; 4. of each such name; 5. age; 6. 7. 8. All other names previously used by applicant and the dates of use Written proof that the applicant is at least eighteen years of The applicant's weight, height, color of hair and eyes; Two 2" x 2" prints of a recent portrait photograph; The complete history of the applicant as to all practice and employment in the massage field or in bathhouse proprietorship in any capacity including ownership or operation of a massage parlor, or bathhouse or similar business Be CENTRAL RECORDS or occupation, including all permits and licenses and any revocation or suspension thereof; 9. The complete history of the business, occupation or employment of the applicant for the five years immediately preceding the date of application; 10. Whether the applicant has within the .five years immediately pre- ceding the date of application been convicted in any state of any crime, except mis- demeanor traffic violations, or within the last five years has been on parole for any offense; 11. Whether the applicant is currently required to register under the provisions of Section 290 of the California Penal Code or Section 11590 of the Health and Safety Code. 12. Whether the applicant, including any persons as defined in sub- section J. of Section 10.16.020, of which the applicant was a member, or a former employer of the applicant while so employed, or a building in which the applicant was so employed, or a business which applicant conducted, was ever subjected to an abatement proceeding under Sections 11225 through 11235 of the California Penal Code or any similar provisions of law in a jurisdiction outside of the State of California. B. Nothing contained in this section shall be construed to deny to the permit authority the right to take the fingerprints and additional photographs of the applicant or to confirm the height and weight of the applicant. C. The application for a Permit to operate a massage parlor or bathhouse shall also state the following: 1. The exact nature of the proposed place of business and facilities therefor, and for massage parlors, the type of the massage and treatments to be administered. If the applicant is a corporation, the name of the corporation CENTRAL RECORDS 6. shall be set forth exactly as shown in its articles of incorporation, together with the names and residence addresses of each of its officers, directors, and each stockholder holding more than ten percent of the stock of the corporation. The application shall include the information required by subsection A. of this Section for each of said individuals. 3. If the applicant is a partnership, the application shall set forth the name and residence address of each of the partners, including limited partners. The application shall include the information required by subsection A. of this Section for each of said individuals. If one or more of the partners is a corpor- ation, the provisions of this Section pertaining to a corporate applicant shall apply. D. fol lowing: The application for a massage technician permit shall also state the 1. The name and address of the recognized school of massage attended and the dates attended. An original or certified copy of the diploma or certifi- cate of graduation awarded the applicant shall be attached. 2. The name and address of the massage parlor where the applicant is to be employed, if any, and the name of the owner or operator of same. 10.16.060. PERMIT-CRITERIA FOR GRANTING AND DENYING. A. The permit authority may deny a massage parlor permit, a bathhouse permit, a massage technician permit, a massage employee or bathhouse employee permit when it is determined that any individual required to comply with subsection A. of Section 10.16.050 in the application has: 1. Within five years in~nediately preceding the date of filing of the application, been convicted in a court of competent .jurisdiction of any offense which relates directly to the operation of a massage parlor or bathhouse, whether as a e massage parlor or bathhouse owner or operator, or as a massage technician, or as a masseur or masseuse, or as an employee of either type establishment; or has at any time been convicted in a court of competent jurisdiction of any felony, the com- mission of which occurred on the premises of a massage parlor or bathhouse; or 2. Within five years of the date of application has been convicted in a court of competent jurisdiction of any fellony offense involving the sale of a con- trolled substance specified in Sections 11054, 11055, 11056, 11057 or 11058 of the California Health and Safety Code; or any offense in a jurisdiction outside the State of California which is the equivalent of any of the aforesaid offenses; or 3. Within five years of the date of application has been convicted in a court of competent jurisdiction of any offense involving the use of a controlled substance, other than marijuana, specified in Sections 11054, 11055, 11056, 11057 or 11058 of the California Health and Safety Code; or 4. Is currently required to register under the provisions of Section 290 of the California Penal Code or Section 11590 of the Health and Safety Code; or 5. Within five years of the date of application been convicted in a court of competent jurisdiction of any violation of Sections 266(i), 315, 316, 318 or Subsection (b) of Section 647 of the California Penal Code, or a conspiracy or attempt to commit any such offense, or any offense in a jurisdiction outside the State of California which is the equivalent of any of the aforesaid offenses; or 6. Been subjected to a permanent injunction against the conducting or maintaining of a nuisance pursuant to Section 11225 through 11235 of the California Penal Code, or any similar provision of law in a jurisdiction outside the State of California; or 7. Knowingly made a false statement or omission of material fact in the application for the permit; or 8. Not attained the age of eighteen years. CENTRAL RECORDS B. The permit authority shall grant a massage parlor or bathhouse license to an applicant who has satisfied the requirements of Section 10.16.040, Subsections A. and C. of Section 10.16.050, and Section 10.16.080, unless applicant is disquali- fied pursuant to Subsection A. of this Section or unless the establishment, as pro- posed by the permit applicant, would not comply with all other applicable laws in- cluding, but not limited to, the City's building, zoning, and health regulations. C. The permit authority shall grant a massage technician permit to an applic- ant who has satisfied the requirements of Section 10.16.040 and Subsections A. and D. of Section 10.16.050, and has graduated from a recognized school, unless the applic- ant is disqualified pursuant to Subsection A. of this Section. D. The permit authority shall grant a massage or bathhouse employee permit to an applicant who has satisfied the requirements of Section 10.16.040 and Subsection A. of Section 10.16.050, unless the applicant is disqualified pursuant to Subsection A. of this Section. 10.16.070. MASSAGE PARLOR OR BATHHOUSE APPLICATION-INSPECTION BY HEALTH OFFICER. Within thirty days after an applicant for a massage parlor or bathhouse license has filed for a completed application, the health officer shall inspect the proposed place of business to determine whether it is sanitary and otherwise conforms to the requirements of Section 10.16.080. Upon completion of the inspection, the health officer shall within five days inform the permit authority in writing of the findings of the inspection. 10.16.080. MASSAGE PARLOR OR BATHHOUSE FACILITIES AND OPERATIONS-REQUIREMENTS. All massage parlors and bathhouses shall comply with the following facilities and operations requirements: A. A minimum of one tub or shower, and one toilet and washbasin, shall be provided in every massage parlor or bathhouse. CENTRAL RECORDS FILE NO.: ................ B. Cabinets or other covered space shall be provided for the storage of clean linin. Approved receptacles shall be provided for the storage of all soiled linen and paper towels. C. All lavatories or washbasins shall be provided with hot and cold running water, soap, and single-service towels. D. Security deposit facilities capable of being locked by the patron shall be available for the protection of the valuables of the patrons. E. Every portion of a massage parlor, including appliances and apparatus, and personnel and their clothing, shall be kept clean and in a sanitary condition at all times. F. All massage parlors and bathhouses shall be provided with clean and sani- tary towels, sheets, and linens in sufficient quantity. Towels, sheets, and linens shall not be used by more than one person. Reuse is prohibited unless the same has first been laundered. Heavy white paper may be substituted for sheets, provided that such paper is used once for each person and then discarded into a sanitary re- ceptacle. G. All walls, ceilings, floors, pools, showers, bathtubs, bathrooms, steam- rooms, and all other physical facilities for an establishment must be in good repair and maintained in a clean and sanitary condition at all times. H. Disinfecting agents and sterilizing equipment shall be provided for any instruments used in performing acts of massage and said instruments shall be dis- infected and sterilized after each use. I. Pads used on massage tables shall be covered with durable, washable plastic or other acceptable waterproof material. J. No massage parlor or bathhouse permittee, massage technician, massage or bathhouse employee shall, while on the premises of a massage parlor and in the presence of any patron or customer, expose his or her genitals, buttocks or, in the 10. CENTRAL RECORDS case of a female, her breast(s). No massage technician shall, in the course of ad- ministering any massage, bath, or health treatment, intentionally make physical con- tact with the genitals or anus of any other person. K. All arrangements for massage or bathhouse services to be performed shall be made in a room in the establishment which is not used for administration of massage, baths, or other treatments. Each service offered, the price thereof, and the minimum length of time each of such service to be performed shall be posted in a conspicuous public location in the room in which arrangements for services are made. All letters and numbers shall not be less than one-half inch in height. No services shall be solicited, performed, or charged for other than those posted. Arrangements shall be made for and payment shall be made and received for all services prior to the performance of any service. No massage parlor or bathhouse permittee, massage techhician, or employee shall solicit or offer to perform for any patron or customer any additional service after the performance of any service for such patron or customer has been commenced. No massage parlor or bathhouse permittee, massage technician, or employee shall perform any service for any patron or customer which was not ordered by such patron or customer prior to the commencement of performance of any service rendered. L. No massage parlor or bathhouse or any portion of a building in which such establishment is located shall be used for residential or sleeping purposes. M. If provision for separate rooms in which services are to be performed is made, any door to such rooms shall open inward and shall not be equipped with a lock- ing device. N. No alcoholic beverages shall be sold, served, furnished, kept or possessed on the premises of a massage parlor or bathhouse. O. Any massage technician who provides any outcall massage service CENTRAL RECORDS or any combination of massage and health treatment must first notify the owner, manager, or person in charge of the hotel or motel, by a suitable notation, includ- ing the registration number of the massage technician's permit, on the patron's registration that such permittee intends to provide a massage service to the person registered at the hotel or motel. P. No massage parlor or bathhouse shall be kept open for business and no massage parlor or bathhouse permittee, massage technician or employee shall administer any massages, bath or other treatment between the hours of ten-thirty p.m. of one day and seven a.m. of the following day. Q. Every massage parlor or bathhouse shall comply with the provisions of Chapter 20.38 of this Code. 10.16.090. INSPECTION BY PERMIT AUTHORITY. The permit authority or his designee shall have the right to enter any massage parlor or bathhouse during regular business hours to make reasonable inspection to ascertain whether the provisions of this Chapter are being complied with. A warrant shall be obtained whenever required by law. 10.16.100. ISSUANCE OF NOTICE OF VIOLATION. Whenever the permit authority or his designee makes an inspection of a massage parlor or bathhouse and finds that any provision of this Chapter has been violated, the permit authority shall give notice of such violation by means of an inspection report or other written notice. In such notification, the permit authority shall set forth the specific violation or violations found, and state that failure to comply with any notice issued in accordance with the provisions of this Chapter may result in the permit authority filing a complaint for revocation or suspension of the permit. If the permit authority determines that the violations are minor in nature, the permit authority may establish a specific and reasonable period of time for ]2. CENTRAL RECORDS the correction of the violation or violations and issue a warning to the permittee that any continued or further violation of this Chapter may result in the revocation or suspension of the permit. If the permit authority determines that the violations are not minor in nature, the permit authority shall follow the procedures set forth in Section 10.16. 160 through 10.16.180. 10.16.110. BUSINESS NAME. No person who holds a permit to operate a massage parlor or bathhouse shall operate under any name or conduct business under any designation not specified in the permit. 10.16.120. BUSINESS LOCATION CHANGE. The operator of a massage parlor or bathhouse shall immediately inform the permit authority of any change in location of such business. The new location shall comply with the provisions of this chapter and all other applicable state and local laws, including but not limited to the procedural provisions of title 20 of this code. 10.16.130. SALE OR TRANSFER OF MASSAGE PARLOR OR BATHHOUSE INTEREST. A sale or transfer of any interest in a massage parlor or bathhouse, which would be required to be reported in application pursuant to Section 10.16.050 shall be reported to the permit authority within ten days of such sale or transfer. The permit authority shall investigate any person obtaining such interest, and if such person satisfies the requirements relating to massage parlor or bathhouse permit applicants the existing permit shall be endorsed to include such person. A fee in an amount established by resolution of the City Council shall be paid to the City for the investigation by the permit authority necessitated by each such sale or transfer. 10.16.140. DISPLAY OF PERMITS. The permittee shall display the massage parlor or bathhouse permit and the permit of each and every massage technician and massage or bathhouse employee 13. CENTRAL RECORDS employed in the establishment in an open and conspicuous place on the premises. Passport-size photographs of the permittees shall be affixed to the respective permits on display pursuant to this Section. Home address of permittee need not be displayed. 10.16.150. REVOCATION OR SUSPENSION RECOMMENDATION. Any City official may recommend to the permit authority that a permit be revoked or suspended where he determines that grounds exist, as set forth in Section 10.16. 160. 10.16.160. GROUNDS FOR REVOCATION OR SUSPENSION OF PERMIT. Any permit issued pursuant to this Chapter may be suspended or revoked by the permit authority after a hearing before the permit authority where it is found by clear and convincing evidence that: A. The permittee has violated any provision of this Chapter; or B. The permittee has been convicted in a court of competent jurisdiction of having violated, or has engaged in conduct constituting a violation of, any section of the California Penal Code or Health and Safety Code listed or described in Section 10.16.060; or C. The permittee is required to register under Section 290 of the California Penal Code; or Section 11590 of the Health and Safety Code; or D. The permittee has been subjected to a permanent injunction against the conducting or maintaining of a nuisance pursuant to Section 11225 through 11235 of the California Penal Code, or any similar provision of law in any jurisdiction outside the State of California; or E. The permittee has engaged in fraud or misrepresentation or has knowingly made a misstatement of material fact while working in or for a massage parlor or while engaging in any aspect of providing outcall massage services; or 14. CENTRAL F~ECORDS FILE NO. ,.~.....,~.~ F. The permittee has failed to correct a violation found pursuant to Section 10.16.100; or G. The permittee has continued to operate the massage parlor or bathhouse after the permit has been suspended; or H. The permittee has knowingly allowed a person to work as a massage technician, or massage or bathhouse employee who: 1. Does not have a valid permit, or 2. Has engaged in conduct or has been convicted of conduct described in subsection B of this Section. 10.16.170. HEARING BY PERMIT AUTHORITY FOR REVOCATION OR'SUSPENSiON. A. The permit authority before revoking or suspending any permit, shall give the permittee at least ten days' written notice of the alleged grounds for revocation or suspension and shall conduct a hearing in the matter of whether the permit shall be revoked or suspended. The hearing shall be conducted at least ten days from the date of written notice. B. The permit authority shall consider all evidence at the hearing. The hearing may after being commenced within the time specified pursuant to subsection A of this Section, be continued for good cause by the permit authority from time to time. The permit authority shall, at the conclusion of the hearing, make findings of fact based upon the evidence submitted and shall decide whether or not the permit shall be revoked or suspended. Notice of the permit authority's decision shall be given to the permittee within thirty days of the conclusion of the hearing. 10.16.180. RIGHT OF APPEAL. Any person aggrieved by the action of the permit authority or other official,s of the City, acting under this Chapter, may appeal such decision to the City Council pursuant to this Code. 15. CENTRAL RECORDS 10.16.190. EXEMPTIONS. This Chapter shall not apply to the following classes of individuals while engaged in the performance of the duties of their respective professions: A. Physicians, surgeons, chiropractors, osteopaths, physical therapists, nurses, or to any other person licensed to practice any healing art under the provisions of Division 2 (commencing with Section 500) of the Business and Professions Code when engaging in such practice within the scope of his or her license; B. Trainers of any amateur, semiprofessional, or professional athlete or athletic team; C. Barbers and cosmetologists who are duly licensed under the laws of the State of California. 10.16.200. VIOLATION AND PENALTIES. Every person except those specifically exempted herein whether acting as an owner, employee, operator, massage technician or massage parlor or bathhouse employee, who gives or offers to give any massage or baths mentioned in this Chapter for consideration without first obtaining a permit to do so from the city or violates any provision of this Chapter is guilty of misdemeanor. SECTION 2. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The city Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsection~ sentences, clauses or phrases be declared invalid or unconstitutional. 16. CENTRAL RECORDS SECTION 3. PUBLICATION Pursuant to the provisons 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 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. SECTION 4. EFFECTIVE DATE. This ordinance shall become effective thirty (30) days from and after its adoption. a this AYES: Introduced this 3rd day of February , 1982. Passed and adopted as an ordinance of the city of South San Francisco at regular meeting of the city council of the City of South San Francisco 17th day of February , 1982, by the following vote: Councilmembers Ronald G. Acosta, Mark N. Addie§o, Emanuele N. Damonte, Gus Nicolopulos; and Roberta Cerri Teglia NOES: None ABSENT: None As Mayor of the City of South San Francisco, I do hereby approve the foregoing ordinance this 17th day of February 17. , 1982. ayor~ ..... ~ CEbJTF~AL