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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: 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 D 10/3/88. 4 jp@si!�a•g ai4d S}g }s—ram P- b'_i a ^r kPr 19j19jtE?A11 mtgPr.e4 9at•`ic_. a.12 -a -A . 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: 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 D 10/3/88. 4 jp@si!�a•g ai4d S}g }s—ram P- b'_i a ^r kPr 19j19jtE?A11 mtgPr.e4 9at•`ic_. a.12 -a -A . 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.) -7- 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 -10-