HomeMy WebLinkAboutOrdinance 1211 (Massage Establishments)CLERK'S CERTIFICATE
I, MARION A. GRADY, City Clerk of the City pf San
Rafael, and Ex -officio Clerk of the Council of said City do
hereby certify that the foregoing Charter Ordinance mo. 1211
entitled:
An Ordinance of the City of San Rafael Amending San
Rafael Municipal Code Section 8.34.040 Section 8.34.
060, Section 8.34.090, Section 8.34.150 and Section
8.34.160 thereof.
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 17th
day of February 19 76 . Published as re-
quired by City Charter in the Terra Linda News
a newspaper printed and published in the City of San Rafael and
passed and adopted as an ordinance of said City at a
regular meeting of the City Council of said City held on the
22nd day of March 19 76 by the following
vote, to -wit:
Ayes: Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
Noes: Councilmen: None
Absent: Councilman: None
WITNESS my hand and the official seal of
the City of San Rafael this :Z_5- 7Xday of
rL�7 ;- C /'_ 19 16
�'I'1 <Lu� l -
11 RI N A. A6Y, City Clerk
ORDINANCE NO. 1211
AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING
SAN RAFAEL MUNICIPAL CODE SECTION 8.34.040
SECTION 8.34.060, SECTION 8.34.090, SECTION 8.34.150
AND SECTION 8.34.160 THEREOF
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DO ORDAIN AS FOLLOWS:
DIVISION 1. Section 8.34.040 of the Municipal Code of
the City of San Rafael is hereby amended to read as follows:
8.34.040 Investigation and Fee. All applications for a
massage establishment or outcall massage service permit shall be
accompanied by an investigation fee, the amount to be set by Reso-
lution, no part of which shall be refundable. Upon receipt of the
application, the City Clerk shall refer the application to the
Building Department, the Fire Department, the Police Department,
the City Planning Department, and the Department of Public Health,
each of which within a period of thirty days from the date of appli-
cation shall review records or make an inspection of the premises
proposed to be devoted as a massage establishment and shall make a
written recommendation to the City Manager concerning compliance
with the respective requirements.
The City Clerk shall also, upon receipt of the application,
cause a notice of intent to be posted on or affixed to the premises
where such establishment or service is to be located. Such notice
shall contain the applicant's name, the street address of such es-
tablishment or service, a statement that a massage establishment or
an outcall service is intended to be carried on at the premises, the
date when the City Manager will conduct a hearing upon the application,
and a notice that any person may submit at such hearing a written
statement regarding the proposed establishment.
DIVISION 2. Section 8.34.060 of the Municipal Code of the
City of San Rafael is hereby amended to read as follows:
8.34.060 Issuance or Denial of Permit. The City Manager
or his designee shall schedule and conduct a hearing upon such appli-
cation and issue such permit if upon investigation and the reports
filed it is found:
filul I filil
(a) That the operation, as proposed by the appli-
cation, if permitted, would comply with all applicable laws, including
but not limited to, the City's building, zoning, and health regulations;
(b) That the applicant has not been convicted in a
court of competent jurisdiction of:
(1) An offense involving lewd conduct; nor an
offense involving the use of force and violence upon the person of
another, or
(2) A crime requiring registration under
Section 290 of the California Penal Code, or of any violation of
Section 311 through 311.7, 314, 315, 316, 318, or 647(a)(b) or (d) of
the Penal Code.
(3) Any offense involving moral turpitude.
(4) Any offense involving the use, sale,
distribution, importation of narcotics and/or drugs.
(c) That the applicant has not knowingly and with
intent to deceive, made any false, misleading, or fraudulent statement
of facts in the permit application or any other document required by
the City in conjunction therewith.
Otherwise, the permit shall be denied. In the event of
denial, notifications and reasons for denial shall be set forth in
writing and shall be sent to the applicant by means of registered or
certified mail or hand delivery.
DIVISION 3. Section 8.34.090 of the Municipal Code of the
City of San Rafael is hereby amended to read as follows:
8.34.090 Operating Requirements. The following operating
requirements are to be enforced by the Director of Public Health and/or
the San Rafael Police Department.
(a) Every portion of a massage establishment or
public bathhouse including appliances, apparatus, and personal, shall
be kept clean and operated in a sanitary condition.
(b) All employees shall be clean and wear clean
outer garments, whose use is restricted to the massage establishment
or bath. Provision of separate dressing rooms for each sex must be
made available on the premises, with individual lockers for each em-
ployee. Doors to such dressing rooms shall open inward and shall be
self-closing.
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(c) Towels, sheets and linens of all types and
items for personal use of operators and patrons shall be clean and
freshly laundered. Towels, clothes, and sheets shall not be used
for more than one person. Re -use of such linen is prohibited unless
the same has first been laundered. Heavy white paper may be substi-
tuted for sheets provided that such paper is used once for every
person and then discarded into a sanitary receptacle.
(d) Wet and dry heat rooms, shower compartments,
and toilet rooms shall be thoroughly cleaned each day the business is
in operation. Bathtubs shall be thoroughly cleaned after each use.
(e) No massage establishment shall be operated
before the hour of 6:00 A.M., nor after the hour of 10:00 P.M., daily.
DIVISION 4. Section 8.34.150 of the Municipal Code of the
City of San Rafael is hereby amended to read as follows:
8.34.150 Permit and Investigation Fee, All applications
for a massage technician permit shall be accompanied by an investiga-
tion fee, the amount to be set by Resolution, no part of which shall
be refundable. Upon receipt of the application, the City Clerk shall
refer the application to the Police Department which, within a period
of thirty days from the date of application shall make investigation
and submit a written recommendation thereof to the City Manager con-
cerning compliance with the respective requirements.
DIVISION 5. Section 8.34.160 of the Municipal Code of the
City of San Rafael is hereby amended to read as follows:
8.34.160 Issuance or Denial of Permit for Massage Technician.
The City Manager shall issue such permit if upon investigation and the
report filed it is found:
(a) The -applicant has not been convicted in a
court of competent jurisdiction of:
(1) An offense involving lewd conduct, or
an offense involving the use of force and violence,' upon the person of
another.
(2) Has not been convicted of any crime re-
quiring registration under Section 290 of the California Penal Code or
of any violation of Section 311 through 311.7, 314, 315, 316, 318, or
647(a), (b) or (d) of the Penal Code;
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(3) Any offense involving moral turpitude.
(4) Any offense involving the use, sale,
distribution, importation of narcotics and/or drugs.
(b) That the applicant has not knowingly and with
intent to deceive made any false, misleading, or fraudulent statement
of facts in the permit application or in any other document required
by the City in conjunction therewith.
Otherwise, the permit shall be denied. In the event of denial, notifi-
cations and reasons for denial shall be set fc:rtr in writing and shall
be sent to the applicant by means of registered or certified mail or
hand delivery.
DIVISION 6. This Ordinance shall be published once in full
before its final passage in Terra Linda News , a newspaper of general
circulation, printed, published and circulated in the City of
San Rafael, and shall be in full force and effect thirty (30) days
after its final passage,
&0ike
C, PAUL BET INI , �4ayor
Attest:
MARION A. GRADY, City Prerk
The above and foregc ing Ordinance No. 1211 was read and
introduced at a regular meeting of the City Council of the
City of San Rafael, held on the 47th day of February , 1976,
and ordered passed to print by the following vote, to -wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Norge
and will come up for adoption as an Ordinance of the City of San Rafael
at a reqular meeting of the Council to be held on the 1st day
of March 1976.
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MARION A. GRADY, City.,Clerk