HomeMy WebLinkAboutOrdinance 1549 (Massage Establishment Regulations)CLERK'S CERTIFICATE
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, and Ex -
officio Clerk of the Council of said City, do hereby certify that the
foregoing Charter Ordinance No. 1549 entitled:
"AN ORDINANCE OF THE CITY COUNCIL• OF THE CITY OF SAN
RAFAEL, REPEALING TITLE 8, CHAPTER 8.12 ENTITLED
"MISCELLANEOUS PUBLIC OFFENSES", SECTIONS 8.12.050
THROUGH 8.12.060 ENTITLED "FORTUNE-TELLING", AND
RENUMBERING SECTION 8.12.080; AMENDING TITLE 8,
CHAPTER 8.20 ENTITLED "INTRUSION, DETETION AND/OR
BURGLAR ALARM AND FIRE ALARM SYSTEMS", SECTIONS
8.20.160, 8.20.190 AND 8.20.210, AND ADDING
SECTION 8.20.165 ENTITLED "REINSTATEMENT FEE";
AMENDING TITLE 8, CHAPTER 8.34 ENTITLED "REGULATIONS
FOR MASSAGE ESTABLISHMENTS, MASSAGE SERVICES AND PUBLIC
BATHHOUSES", SECTIONS 8.34.010, 8.34.020, 8.34.030,
8.34.040, 8.34.050, 8.34.060, 8.34.080, 8.34.090,
8.34.150, 8.34.160, 8.34.170, 8.34.180, AND 8.34.210;
REPEALING TITLE 10, CHAPTER 10.60 ENTITLED "VEHICLES
FOR HIRE", SECTIONS 10.60.100, 10.60.110, 10.60.120,
10.60.121 AND 10.60.130, AMENDING SECTIONS 10.60.010,
AND 10.60.090, AND RENUMBERING SECTIONS 10.60.140,
10.60.150, 10.60.152, 10.60.160 THROUGH 10.60.190;
REPEALING TITLE 10, CHAPTER 10.84 ENTITLED "TOW CAR
BUSINESS AND OPERATIONS", SECTIONS 10.84.040 AND
10.84.050, AND AMENDING SECTIONS 10.84.060, 10.84.081,
AND 10.84.130, AND RENUMBERING SECTIONS 10.84.060,
10.84.070, 10.84.080, 10.84.081, 10.84.090, 10.84.100,
10.84.110, AND 10.84.120 OF THE SAN RAFAEL MUNICIPAL CODE"
is a true and correct copy of an ordinance of said City and was introduced
at a Regular meeting of the City Council of the City of San Rafael, held on
the 19th day of September, 1988, published as required by City Charter in
the "Marin Independent Journal" a newspaper published in the City of San
Rafael and passed and adopted as an ordinance of said City, with portion
deleted by City Council, as approved by City Attorney, "Repealing Title 8,
Chapter 8.12 entitled 'Miscellaneous Public Offenses', Sections 8.12.050
through 8.12.060 entitled 'Fortune -Telling', and renumbering Section
8.12.08011, at a Regular meeting of the City Council of said City held on the
3rd day of October, 1988, by the following vote , to wit:
AYES: COUNCILMEMBERS: Boro, Frugoli, Thayer and Vice -Mayor Breiner
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
WITNESS my hand and the official seal
of the City of Si�pp Rafael this
24*4 day of 0c , , 19 P $ .
JEANTAt_ EUNt, 1, y C I er
ORDINANCE NO. 1549
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS:
NOTE:
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follows:
SECTION 2: Title 8, Chapter 8.20 is amended to read as
Chapter 8.20
INTRUSION DETECTION AND/OR
BURGLAR ALARM AND FIRE ALARM SYSTEMS
Sections:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
NOTE •
RAFAEL, -EPHAi-i dNG- q-ThH-8, CH:APTzn 0.12 1INfiIThEb-
DELETED PER
",PSeLRl7L*NE'eUSPUBI.;IO"-0.,4,-.1., LI, :,L�_ i
CITY COUNCIL
`ii��t�'a'�x• 6.1Z.LLG L , fffla
ACTION ON
.1f.000, AMENDING TITLE 8,
10/3/88.
CHAPTER 8.20 ENTITLED "INTRUSION, DETECTION AND/OR
8.20.060
BURGLAR ALARM AND FIRE ALARM SYSTEMS", SECTIONS
J.M.L.
8.20.160, 8.20.190 AND 8.20.210, AND ADDING
8.20.080
SECTION 8.20.165 ENTITLED "REINSTATEMENT FEE";
8.20.090
AMENDING TITLE 8, CHAPTER 8.34 ENTITLED "REGULATIONS
8.20.100
FOR MASSAGE ESTABLISHMENTS, MASSAGE SERVICES AND PUBLIC
8.20.110
BAtHHOUSES", SECTIONS 8.34.010, 8.34.020, 8.34.030,
8.20.120
8.34.040, 8.34.050, 8.34.060, 8.34.080, 8.34.090,
8.20.130
8.34.150, 8.34.160, 8.34.170, 8.34.180, AND 8.34.210;
8.20.140
REPEALING TITLE 10, CHAPTER 10.60 ENTITLED "VEHICLES
8.20.150
FOR HIRE", SECTIONS 10.60.100, 10.60.110, 10.60.120,
8.20.160
10.60.121 AND 10.60.130, AMENDING SECTIONS 10.60.010,
8.20.165
AND 10.60.090, AND RENUMBERING SECTIONS 10.60.140,
8.20.170
10.60.150, 10.60.152, 10.60.160 THROUGH 10.60.190;
8.20.180
REPEALING TITLE 10, CHAPTER 10.84 ENTITLED "TOW CAR
8.20.190
BUSINESS AND OPERATIONS", SECTIONS 10.84.040 AND
8.20.200
10.84.050, AND AMENDING SECTIONS 10.84.060, 10.84.081,
8.20.210
AND 10.84.130, AND RENUMBERING SECTIONS 10.84.060,
10.84.070, 10.84.080, 10.84.081, 10.84.090, 10.84.100,
10.84.110, AND 10.84.120 OF THE SAN RAFAEL
MUNICIPAL CODE.
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS:
NOTE:
DELETED PER &F,G44-WT 11 "_'items 9 , V_7t a r- 8•, 12 cr Title-ii;�er ;____ us
CITY COUN C I L "i '_ i s ^o — e n s a a", 0 c-6-�' C. 1 . 12 . 9--664o—e-r-h i t 1'L- 3
ACTION ON art la-va3rr1 ��pe,a�cul
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J.M.L.
follows:
SECTION 2: Title 8, Chapter 8.20 is amended to read as
Chapter 8.20
INTRUSION DETECTION AND/OR
BURGLAR ALARM AND FIRE ALARM SYSTEMS
Sections:
8.20.010
Definitions.
8.20.020
Chief of Police - Power to regulate.
8.20.030
Devices terminating at city facilities.
8.20.040
Reporting telephones prohibited.
8.20.050
Similar to sirens - Unlawful.
8.20.060
Direct leased telephone line.
8.20.070
Installation and maintenance costs.
8.20.080
Unlawful equipment.
8.20.090
Installation permit.
8.20.100
Fee Exemptions.
8.20.110
Operations.
8.20.120
Audible alarm.
8.20.130
Responsibility for alarm.
8.20.140
Multiple occupancy.
8.20.150
Multiple subscribers
8.20.160
False alarms - Public nuisance when.
8.20.165
Reinstatement fee.
8.20.170
Suspension or revocation.
8.20.180
Administration and regulations.
8.20.190
Violations.
8.20.200
Appeals.
8.20.210
Fees.
-1 ORKIGINAL
Section 8.20.160 is amended to read as follows:
False alarms - Public nuisance when. A protected area
device shall constitute a public nuisance if it actuates more than
four (4) false alarms in a one (1) year period. This section shall be
effective thirty days after installation is operational. (Ord. 1260 §
2 (part) , 1977) .
Section 8.20.165 is added to read as follows:
Reinstatement Fee. If a protected area device becomes
a public nuisance, as defined in Section 8.20.160, a reinstatement fee
of Two Hundred Dollars ($200.00) shall be charged to the owner.
Section 8.20.190 is amended to read as follows:
Violations. Any person who violates any of the
provisions of this Chapter, including any person or establishment that
installs an alarm without first obtaining a permit, is guilty of a
misdemeanor, and upon conviction thereof, shall be punishable by a
fine of not more than Two Hundred Dollars ($200.00). (Ord. 1260 S 2
(part) , 1977) .
Section 8.20.210 is amended to read as follows:
Fees. A reasonable fee, payable to the City's Finance
Department, shall be charged for any and all permits required to be
issued under this Chapter. The amount of these fees shall be set by
the Chief of Police and subject to review by the City Council.
Any alarm system in existence, with a valid permit, as of
July 6, 1977, shall not be charged an installation fee. This provi-
sion does not invalidate the requirement of obtaining an installation
permit. (Ord. 1260 S 2 (part), 1977).
SECTION 3: Title 8, Chapter 8.34 is hereby amended to read
as follows:
Chapter 8.34
REGULATIONS FOR MASSAGE ESTABLISHMENTS,
MASSAGE .SERVICES AND PUBLIC BATHHOUSES
Sections:
8.34.010 Purpose and intent.
8.34.020 Definitions.
8.34.030 Massage establishment and bathhouse
licenses - Required.
8.34.040 Massage establishment and bathhouse
-2-
licenses - Application fees.
8.34.050
License - Application.
8.34.060
License - Criteria for granting and deny-
ing.
8.34.070
Massage establishment and bathhouse ap-
plication - Inspection by health officer.
8.34.080
Massage establishment and bathhouse
facilities and operations - Requirements.
8.34.090
Home use exception.
8.34.100
Inspection by license authority.
8.34.110
Issuance of notice of violation.
8.34.120
Business name.
8.34.130
Business location change.
8.34.140
Sale or transfer of massage establishment
or bathhouse interest.
8.34.150
Display of licenses.
8.34.160
Revocation or suspension recommendation.
8.34.170
Grounds for revocation or suspension of
license.
8.34.180
Hearing by city manager for revocation or
suspension.
8.34.190
Right of appeal.
8.34.200
Exemptions.
8.34.210
Violation and penalties.
-2-
Section 8.34.010 is amended to read as follows:
Purpose and intent. It is the purpose and intent of this
chapter to provide for the orderly regulation of massage estab-
lishments and bathhouses in the interests of the public health,
safety, and welfare by providing certain minimum building, sanitation,
and operation standards for massage establishments and bathhouses, and
by providing certain minimum qualifications for the owners and
operators of massage establishments and bathhouses. It is the further
intent of this chapter to facilitate the ethical practice of massage.
(Ord. 1292 Section 1 (part), 1978: Ord. 1261 Section 2 (part), 1977).
Section 8.34.020 is amended to read as follows:
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) "License" means the business license to operate a
massage establishment or bathhouse as required by this chapter.
(c) "License 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 stroking, 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 supplementary aids
as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion,
ointment, or similar preparations.
(e) "Massage establishment" means any establishment having
a fixed place of business or vehicle where any person, as defined in
subsection (i) of this section, engages in, conducts, carries on, or
permits to be engaged in, conducted, or carried on as regular func-
tions any of the activities mentioned in subsection (d) of this
section. Any establishment engaging in or carrying on, or permitting
any combination of massage and health treatment or bathhouse, showers,
hot tubs, saunas, or other dry or wet heat shall be deemed a massage
establishment.
(f) "Employee" means any and all individuals who work on
the premises in any capacity.
(g) "Outcall massage" means the engaging in or carrying on
of massage for consideration at a location other than a massage estab-
lishment, which has been licensed pursuant to this chapter.
(h) "Permit" means the permit to operate a massage
establishment.
(i) "Person" means any individual, firm, association,
partnership, corporation, joint venture, or combination of in-
dividuals.
(j) "Recognized school of massage" means any school or
institution of learning which has been approved by the Superintendent
of Public Instruction pursuant to Section 29025 of the Education Code
of the State of California and the sections in Title 5 of the
California Administrative Code pertaining to massage schools.
Any school or institution of learning offering or allowing
correspondence 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 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, baths of any kind whatsoever; provided,that
such term shall not include ordinary tub baths where an attendant is
not required, or as otherwise excepted herein.
This chapter shall not include hospitals, nursing homes,
sanitaria or persons holding an unrevoked certificate to practice the
healing arts under the law of the state of California, or persons
working under the direction of any such persons. (Ord. 1292 S 1
(part), 1978; Ord. 1261 82 (part), 1977).
-3-
Section 8.34.030 is amended to read as follows:
Massage establishment and bathhouse licenses - 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 opera-
tion of a massage establishment or bathhouse, or an outcall massage
service as defined in this chapter, without a valid license issued by
the license authority as required by this chapter.
(b) It is unlawful for any person to work at an
unlicensed massage establishment. (Ord. 1292 S 1 (part), 1978; Ord.
1261 S 2 (part) , 1977) .
Section 8.34.040 is amended to read as follows:
Massage establishment and bathhouse license - Application
fees. Ahy application for a massage establishment or bathhouse
license, shall be accompanied by a nonrefundable fee in amounts estab-
lished 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. (Ord. 1292 S 1
(part) , 1978; Ord. 1261 S 2 (part) , 1977) .
Section 8.34.050 is amended to read as follows:
License - Application.
(a) Every application for a massage establishment or
bathhouse license 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) All other names previously used by applicant and
the dates of use of each such name;
(5) Written proof that the applicant is at least
eighteen years of age;
(6) The applicant's weight, height, color of hair
and eyes;
(7) Two two-inch by two-inch prints of a recent
portrait photograph;
(3) 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 establishment or bathhouse or similar business 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 three years immediately preced-
ing the date of application;
(10) Whether the applicant has within the five years
immediately preceding the date of application been convicted in any
state of any crime, except misdemeanor 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;
(12) Whether the applicant, including any person as
defined in subsection (i) of Section 8.34.020, or a former employer of
the applicant while so employed or a building in which the applicant
was so employed or a business 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 jurisdic-
tion outside the state of California.
(b) Nothing contained in this section shall be construed
to deny the licensing 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 license to operate a massage
establishment or bathhouse shall also state the following:
(1) The exact nature of the proposed place of
business and facilities therefor, and for massage establishments, the
type of the massage and treatments to be administered;
Q=
(2) If the applicant is a corporation, the name of
the corporation shall be set forth exactly as shown in its articles of
incorporation, together with the names and residence addresses of each
of its officers, directors, and each stockholder holding more than ten
percent of the stock of the corporation. The application shall in-
clude 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 cor-
poration, the provisions of this section pertaining to a corporate
applicant shall apply.
(4) The name and address of the recognized school of
massage attended and the dates attended. An original or certified
copy of the diploma or certificate of graduation awarded the applicant
shall be attached. (Ord. 1292 S 1 (part), 1978; Ord. 1261 § 2 (part),
1977) .
Section 8.34.060 is amended to read as follows:
License - Criteria for granting and denying.
(a) The license authority may deny a massage establishment
license or a bathhouse license, when it is determined that any person
required to comply with subsection (a) of Section 8.34.050 in the
application has:
(1) Within five years immediately 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 establishment or bathhouse, whether as a massage estab-
lishment or bathhouse owner or operator, or as a massage technician,
or as a masseur or masseuse, or as an employee of either type estab-
lishment; or has at any time been convicted in a court of competent
jurisdiction of any felony the commission of which occurred on the
premises of a massage establishment or bathhouse; or
(2) Within five years of the date of application
been convicted in a court of competent jurisdiction of any felony
offense involving the sale of a controlled substance specified in
Sections 11054, 11055, 11056, 11057, or 11058 of the California Health
and Safety Code; or
(3) Within five years of the date of application been
convicted in a court of competent jurisdiction of any offense involv-
ing the use of a controlled substance, other than marijuana, specified
in Sections 11054, 11055, 11056, 11057, 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
(5) Within five years of the date of application has
been convicted in a court of competent jurisdiction of any violation
of Sections 266, 315, 316, 318, or Subdivision (b) of Section 647 of
the California Penal Code, or 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 a
material fact in the application for the license; or
(8) Not attained the age of eighteen years.
(b) The license authority shall grant a massage
establishment or bathhouse license to an applicant who has satisfied
the requirements of Section 8.34.040, subsections (a) and (c) of
Section 8.34.050, and Section 8.34.080 as qualified by Section
8.34.090,the home use exception, unless the applicant is disqualified
pursuant to subsection (a) of this section or unless the estab-
lishment, as proposed by the license applicant, would not comply with
all other applicable laws including, but not limited to, the city's
building, zoning, and health regulations. (Ord. 1292 Section 1
(part), 1978: Ord. 1261 Section 2 (Part), 1977.)
-5-
Section 8.34.080 subsections (j), (k) and (o) entitled
"Massage establishment and bathhouse facilities and operations -
Requirements" are amended to read as follows:
(j) No massage establishment or bathhouse licensee or
employee shall, while on the premises of a massage or bathhouse estab-
lishment and in the presence of any patron or customer, expose his or
her genitals, buttocks or, in the case of a female, her breast(s). No
person shall, in the course of administering any massage, bath, or
health treatment, intentionally make physical contact with the geni-
tals 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 service is 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 establishment or bathhouse licensee 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 commenced. No massage establishment or bath-
house licensee, 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.
(o) Any massage or bathhouse licensee or employee who
provides any outcall massage service or any combination of massage and
health treatment or bathing service at any motel or hotel must first
notify the owner, manager, or person in charge of the hotel or motel,
by a suitable notation, including the registration number of the
massage or bathhouse establishment's license on the patron's registra-
tion that such permittee intends to provide a massage service to the
person registered at the hotel or motel.
Section 8,34.090 is amended to read as follows:
Home use exception. An exception to the requirements of
subsections (e), (m) and (o) of Section 8.34.080 shall be permitted
where a massage establishment is in the applicant's residence, and the
applicant has complied with the provisions of Chapter 14.74 pertaining
to home occupations.
In addition, when a home use exception is granted:
(a) The portions of the home or residence subject to the
requirements of Section 8.34.080 shall be those portions which are
used at any time by the patron or customer; and
(b) The provisions -of subsection (b) of Section 14.74.030
restricting home occupations to one room shall not:
(1) Take precedence over the provisions of subsection
(k) of Section 8.34.080 requiring that all arrangements for services
to be performed be made in a room in the massage establishment which
is not used for administration of massage, baths or other treatments;
or
(2) Prohibit the administration of massage in a room
that is separate from that in which baths, showers, hot tubs, saunas
or other dry or wet heat sources are located. (Ord. 1292 Section 1
(part), 1978: Ord. 1261 Section 2 (part), 1977).
Section 8.34.150 is amended to read as follows:
Display of licenses. The licensee shall display the massage
establishment or bathhouse license in an open and conspicuous place on
the premises. Passport -size photographs of the licensee and all
employees shall be affixed to the respective license on display pur-
suant to this section. Home address of licensee need not be
displayed. (Ord. 1292 Section 1 (part), 1978: Ord. 1261 Section 2
(part) , 1977. )
ME
Section 8.34.160 is amended to read as follows:
Revocation or suspension recommendation. Any city official
may recommend to the city manager that a license be revoked or
suspended where he determines that grounds exist, as set forth in
Section 8.34.170. (Ord. 1292 Section 1 (part), 1978: Ord. 1261
Section 2 (part) , 1977) .
Section 8.34.170 is amended to read as follows:
Grounds for revocation or suspension of license. Any
license issued pursuant to this chapter may be suspended or revoked by
the city manager after a hearing before the city manager or his
designee, where it is found by clear and convincing evidence that:
(a) The licensee or any employee has violated any
provision of this chapter; or
(b) The licensee or any employee 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 listed or described in Section 8.34.060; or
(c) The licensee is required to register under Section 290
of the California Penal Code; or
(d) The licensee has been subject to a permanent
injunction against the conducting or maintaining of a nuisance pur-
suant 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 licensee has engaged in fraud or misrepresentation
or has knowingly made a misstatement of material fact while working in
or for a massage establishment or while engaging in any aspect of
providing outcall massage services; or
(f) The licensee has failed to correct a violation found
pursuant to Section 8.34.110; or
(g) The licensee has continued to operate the massage
establishment or bathhouse after the license has been suspended; or
(h) The licensee has knowingly allowed a person to work as
a massage technician, massage technician trainee, or massage or bath-
house employee who:
(1) Has engaged in conduct or has been convicted of
conduct described in subsection (b) of this section. (Ord. 1292 S 1
(part), 1978: Ord. 1261 S 2 (part), 1977.)
Section 8.34.180 is amended to read as follows:
Hearing by city manager for revocation or suspension.
(a) The city manager, or his designee, before revoking or
suspending any license, shall give the licensee at least ten days'
written notice of the alleged grounds for revocation or suspension and
shall conduct a hearing in the matter of whether license shall be
revoked or suspended. The hearing shall be conducted at least ten
days from the date of written notice.
(b) The city manager, or his designee, 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 city manager or his designee from
time to time. The city manager, or his designee, shall, at the con-
clusion of the hearing, make findings of fact based upon the evidence
submitted and shall decide whether or not the license shall be revoked
or suspended. Notice of the city manager's or his designee's decision
shall be given to the licensee within thirty days of the conclusion of
the hearing. {Ord. 1292 Section 1 (part), 1978: Ord. 1261 Section 2
(part) , 1977.)
Section 8.34.210 is amended to read as follows:
Violation and penalties. (a) Every person acting as an
owner or operator of a massage establishment or bathhouse, except
those mentioned in Section 8.34.200, who operates any massage estab-
lishment or bathhouse mentioned in this chapter for consideration
without first obtaining a license to do so from the city, or violates
any provision of this chapter is guilty of a misdemeanor.
(b) Any employee who violates any of the provisions of
this chapter is guilty of a misdemeanor. (Ord. 1292 S 1 (part), 1978:
Ord. 1261 S 2 (part), 1977.)
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SECTION 3: Title 10, Chapter 10.60 is hereby amended to
read as follows:
Sections:
10.60.010
10.60.020
10.60.030
10.60.040
10.60.050
10.60.060
10.60.070
10.60.080
10.60.090
10.60.100
10.60.110
10.60.120
10.60.130
10.60.140
10.60.150
10.60.160
Chapter 10.60
VEHICLES FOR HIRE
License required.
Application for license.
Certificate of public convenience.
Issuance of license.
Suspension, alteration or revocation of license.
Display of license.
Substitution of automobiles.
Bond or insurance required.
Driver's license required.
Name on vehicle.
Display of schedule of rates.
No increase in fares without the consent of the
city council.
Fraudulent solicitation prohibited.
Boisterous and violent solicitation prohibited.
Interference prohibited.
Compliance with chapter.
Section 10.60.010 is amended to read as follows:
License required. It is unlawful for any person to operate
upon the streets of the city any vehicle, carriage, motor vehicle or
automobile for the purpose of carrying passengers for hire, without
first obtaining a license therefor. (Ord. 66.)
Section 10.60.090 is amended to read as follows:
Driver's license required. Every licensee shall ensure that
all of his drivers or chauffers of any vehicle for hire possess a
valid California driver's license and a chauffer's permit from the
state. (Ord. 354.)
Sections 10.60.100 entitled "Requisites for Driver's
License", 10.60.110 entitled "Driver's Fingerprints and Photograph",
10.60.120 entitled "Driver's Badge - Fee", 10.60.121 entitled
"Application Fee", and 10.60.130 entitled "Suspension or Revocation of
Driver's License", are repealed.
Sections 10.60.140 entitled "Name on Vehicle", 10.60.150
entitled "Display of Schedule of Rates", 10.60.152 entitled "No
Increase in Fares Without the Consent of the City Council", 10.60.160
entitled "Fraudulent Solicitation Prohibited", 10.60.170 entitled
"Boisterous and Violent Solicitation Prohibited", 10.60.180 entitled
"Interference Prohibited", and 10.60.190 entitled, "Compliance with
Chapter", are renumbered as follows:
10.60.100 Name on vehicle.
10.60.110 Display of schedule of rates.
10.60.120 No increase in fares without the consent of
the city council.
10.60.130 Fraudulent solicitation prohibited.
10.60.140 Boisterous and violent solicitation
prohibited.
10.60.150 Interference prohibited.
10.60.160 Compliance with chapter.
M:II
SECTION 5. Title 10, Chapter 10.84 is amended to read as
follows:
Sections:
10.84.010
10.84.020
10.84.030
10.84.040
10.84.050
10.84.060
10.84.070
10.84.080
10.84.090
10.84.100
10.84.110
Chapter 10.84
TOW CAR OPERATORS
Permit required.
Notice required.
Application for tow car operator's permit.
Investigation of applications.
Issuance of permit.
Term of permit.
Investigation fee.
Notice of rejection.
Appeal.
Revocation of permit.
Exemptions.
Section 10.84.040 entitled "Driver's permit" and Section
10.84.050 entitled "Application for tow truck driver's permit" are
repealed.
Section 10.84.060 is amended to read as follows:
Investigation of Applications. Upon receiving the applica-
tion for a tow truck operator's permit, the Chief of Police shall
conduct an investigation into the applicant's moral character and
business integrity and may, in connection with such investigation,
require any applicant for a tow car operator's license or any officer
or employee of any applicant for a tow car operator's permit to submit
full fingerprints and photographs. (Ord. 1166 S 1 (part), 1974.)
Section 10.84.081 is amended to read as follows:
Investigation fee. A fee for background investigation of
tow truck operators shall be set by resolution of the San Rafael City
Council. (Ord. 1235 § 1 (part), 1974.)
Section 10.84.130 is amended to read as follows:
Compliance with state law. None of the provisions of this
chapter shall exempt tow car operators from applicable state laws.
(Ord. 1166 § 1 (part), 1974).
Sections 10.84.060 entitled "Investigation of applications",
10.84.070 entitled "Issuance of permit", 10.84.080 entitled "Term of
Permit", 10.84.081 entitled "Investigation fee", 10.84.090 entitled
"Notice of rejection", 10.84.100 entitled "Appeal", 10.84.110 entitled
"Revocation of permit", and 10.84.120 entitled "Exemptions", are
renumbered as follows:
Sections:
10.84.040 Investigation or Applications
10.84.050 Issuance of Permit
10.84.060 Term of Permit
10.84.070 Investigation Fee
10.84.080 Notice of Rejection
10.84.090 Appeal
10.84.100 Revocation of Permit
10.84.110 Exemptions
SECTION 6. If any section, subsection, sentence, clause or
phrase of this ordinance is for any reason held to be invalid, such
holding or holdings shall not affect the validity of the remaining
portions of the ordinance. The Council declares that it would have
passed this ordinance and each section, subsection, sentence, clause
or phrase thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses or phrases be declared
invalid.
M'_
SECTION 7. This Ordinance shall be published once in full
before its final passage in a newspaper of general circulation, pub-
lished and circulated in the City of San Rafael, and shall be in full
force and effect thirty (30) days after its final passage.
L WRENCE E. MULRYAN, Mayor
Attest:
J%0 M. LEONCIN , City Clerk
The foregoing Ordinance No. 1549 was read and introduced at a regular
meeting of the City Council of the City of San Rafael on the Sixth
day of September , 1988, and ordered passed to print by the
following vote, to wit:
AYES: COUNCILMEMBERS:Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS:None
ABSENT: COUNCILMEMBERS:None
and will come up for adoption as an ordinance of the City of San
Rafael at a regular meeting of the Council to be held on the Third
day of nr_tnhar , 1988.
JEA NE M. LEONCINI, City Clerk
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