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HomeMy WebLinkAboutOrdinance 1292 (Massage Establishments)CLERK'S CERTIFICATE I, JEANNE M. LEONCINI, City Clerk of the City of San Rafael, and Ex -officio Clerk of the Council of said City do hereby certify that the foregoinq Charter Ordinance No. _2q entitled: AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING ORDINANCE 1261 OF THE SAN RAFAEL MUNICIPAL CODE AS CODIFIED AT CHAPTER 8.34, "REGULATIONS FOR MASSAGE ESTABLISHMENTS, MASSAGE SERVICES AND PUBLIC BATHHOUSES" is a true and correct copy of an ordinance of said City, and was introduced at a regular meetinq of the City Council of the City of San Rafael, held on the 21st day of February 19 78 Published as re- quired by City Charter in the Independent—journal. 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 6th day of March 19 78. by the following vote, to -wit: Ayes: Councilmen: Miskimen, Nixon and Vice—Mayor Jensen Noes: Councilmen: None Absent: Councilmen: Mulryan and Mayor Bettini WITNESS my hand and the official seal of the City of San Rafael this 9th day of March 19 78 &e NE M. LEO INI, ityClerk ORDINANCE NO. 1292 AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING ORDINANCE 1261 OF THE SAN RAFAEL MUNICIPAL CODE AS CODIFIED AT CHAPTER 8.34, "REGULATIONS FOR MASSAGE ESTABLISHMENTS, MASSAGE SERVICES AND PUBLIC BATHHOUSES" THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DO ORDAIN AS FOLLOWS: DIVISION 1. Title 8, Morals and Conduct of the San Rafael Municipal Code is hereby amended to read and provide in its entirety as follows: CHAPTER 8.34 - REGULATIONS FOR MASSAGE ESTABLISHMENTS, MASSAGE SERVICES AND PUBLIC BATHHOUSES 8.34.010 Purpose and Intent. 8.34.020 Definitions. 8.34.030 Massage Establishment and Bathhouse Licenses - Massage technician and employee permits - Required. 8.34.040 Massage Establishment and Bathhouse Licenses - Massage technician and employee permits - Applica- tion Fees. 8.34.050 Permit and license - Application. 8.34.060 Permit and license - Criteria for granting and denying. 8.34.070 Massage establishment and bathhouse application - 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 permits and licenses. 8.34.160 Revocation or suspension recommendation. 8.34.170 Grounds for revocation or suspension of license or permit. 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. 8.34.010 Purpose and Intent. It is the purpose and intent of this Chapter to provide for the orderly regulation of massage establishments 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 opera- tors of massage establishments and bathhouses, and for massage techni- cians and employees. It is the further intent of this Chapter to facilitate the ethical practice of massage. (Ord. 1261 para. 2 (part) , 1977) . 8.34.020 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) "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. -2- (e) "Massage Establishment" means any establishment having a fixed place of business or vehicle where any person, as defined in subsection (j) of this Section, engages in conducts, carries on, or permits to be engaged in, conducted, or carried on as regular functions and 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) "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 establishment licensees, and bathhouse licensees, 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 establishment, which has been licensed pursuant to this Chapter. (i) "Permit" means the permit to engage in the activities of a massage technician or massage or bathhouse employee as required by this Chapter. (j) "Person" means any individual, firm, association, partner- ship, corporation, joint venture, or combination of individuals. (k) "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 -3- State Department of Education, shall not be deemed a recognized school of massage. (Ord. 1261 para. 2 (part), 1977). (1) "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 anv such persons. 8.34.030 Massage establishment and bathhouse licenses - 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 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 individual to engage in the practice of massage in the city for any compensation whatsoever unless such individual holds a valid massage technician permit issued by the license 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 massage establishment license to work on the premises of a massage establishment or for a person who does not hold a valid bathhouse license to work on the premises of a bathhouse unless said individual has applied for an employee permit to the license authority as required by this Chapter. -4- Said application shall be granted or denied within thirty days of the date of the application. It is unlawful for a massage or bathhouse employee to continue working in any massage establishment after any denial of said permit (Ord. 1261 para. 2 (part), 1977). 8.34.040 Massage establishment and bathhouse license - Massage technician and employee permits - Application fees. Any application for a massage establishment license, massage technician permit, massage or bathhouse employee permit shall be accompanied by a nonrefundable fee in amounts 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 establishment license and who desires to act as a massage technician within said establishment shall be required to pay the establishment license fee only. (Ord. 1261 para. 2 (part) , 1977) . 8.34.050 Permit and license - Application. (a) Every application for a massage establishment license, massage technician permit or permit to work as an employee in a massage establishment or bathhouse shall contain the following infor- mation: applicant; (1) Name, residence, address, and telephone number of (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; years of age; (5) Written proof that the applicant is at least eighteen (6) The applicant's weight, height, color of hair and eyes; -5- photograph; (7) Two two-inch by two-inch prints of a recent portrait (8) The complete history of the applicant as to all practice and employment in the massage field or in bathhouse proprietor- ship 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 preceding 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 persons as defined in subsection (j) of Section 8.34.020, 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 conducted, was ever subjected to an abatement proceeding under Sections 11225 through 11235 of the California Penal Code or any similar pro- visions of law in a jurisdiction outside the State of California. (b) Nothing contained in this section shall be construed to deny to 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. (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 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 informa- tion required by subsection (a) of this Section for each of said individuals. If one or more of the partners is a corporation, the provisions of this section pertaining to a corporate applicant shall apply. (d) The application for a massage technician permit shall also state the following: (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 certificate of graduation awarded the applicant shall be attached. (2) The name and address of the massage establishment where the applicant is to be employed, if any, and the name of the owner or operator of same. (Ord. 1261 para. 2 (part), 1977). 8.34.060 Permit and license - Criteria for granting and denying. (a) The license authority may deny a massage establishment license, a bathhouse license, 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 8.34.050 in the application has: -7- (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 establish- ment 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 commission of which occurred on the premises of a massage establishment or bathhouse; or (2) Within five years of the date of application has 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 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 (5) Within five years of the date of application 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 Cali- fornia 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 permit; or (8) Not attained the age of eighteen years. (b) The license authority shall grant a massage establish- ment 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 establishment, 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. (c) The license authority shall grant a massage technician permit to an applicant who has satisfied the requirements of Section 8.34.040 and subsections (a) and (d) of Section 8.34.050 and has graduated from a recognized school, unless the applicant is disquali- fied pursuant to subsection (a) of this Section. (d) The license authority shall grant a massage or bathhouse employee permit to an applicant who has satisfied the requirements of Section 8.34.040 and subsection (a) of Section 8.34.050, unless the applicant is disqualified pursuant to subsection (a) of this Section. (Ord. 1261 para. 2 (part), 1977). 8.34.070 Massage establishment or bathhouse application - Inspection by health officer. Within thirty days after an applicant for a massage establishment or bathhouse license has filed 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 8.34.080 as qualified by Section 8.34.090. Upon completion of the inspection, the health officer shall within five days, inform the license authority in writing of the findings of the inspection. (Ord. 1261 para. 2 (part), 1977). I' 8.34.080 Massage establishment and bathhouse facilities and operations - Requirements. Except as provided in Section 8.34.090, all massage establishments 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 establishment or bathhouse. (b) Cabinets or other covered space shall be provided for the storage of clean linen. 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 establishment, including appliances and apparatus, and personnel and their clothing, shall be kept clean and in a sanitary condition at all times. (f) All massage establishments and bathhouses shall be provided with clean and sanitary 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 receptacle. (g) All walls, ceilings, floors, pools, showers, bathtubs, bathrooms, steamrooms, and all other physical facilities for an establishment must be in good repair and maintained in a clean and sanitary condition at all times. -10- (h) Disinfecting agents and sterilizing equipment shall be provided for any instruments used in performing acts of massage and said instruments shall be disinfected 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 establishment or bathhouse licensee, massage technician, massage or bath house employee shall, while on the premises of a massage establishment 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 massage technician shall, in the course of administering any massage, bath, or health treatment, intentionally make physical contact 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 con- spicuous 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, massage technician, 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 bathhouse licensee, 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. (1) No massage establishment or bathhouse or any portion of a building in which such establishment is located shall be used for residential or sleeping purposes. -11- (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 locking device. (n) No alcoholic beverages shall be sold, served, furnished, kept, or possessed on the premises of a massage establishment or bathhouse. (o) Any massage technician 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 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 establishment or bathhouse shall be kept open for business and no massage establishment or bathhouse licensee, massage technician, 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) No massage establishment or bathhouse shall be allowed: (1) Within two hundred fifty feet of the exterior property limits of public or private elementary school, junior high school, or high school; (2) Within two hundred fifty feet of the exterior property limits of any district where residential use is the principal permitted use, including, but not limited, all R-1, R-2, and R-3 zones, and any P -C district where the principal use permitted or maintained is residential; (3) Within one thousand two hundred feet of the exterior property limits of any other premises lawfully occupied by a massage establishment, bathhouse or by any establishment subject to the provisions of this Chapter. (Ord. 1261 para. 2 (part), 1977). -12- 8.34.090 Home use exception. Any exception to the require- ments of subsections (e) , (m) , (n) , (o) , and (r) of Section 8.34.080 shall be permitted where a massage establishment license applicant is also qualified as a massage technician, the establishment is in the applicant's residence and the applicant has complied with the provi- sions 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 anytime 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 (1) 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. 1261 para. 2 (part) , 1977) . 8.34.100 Inspection by license authority. The license authority or his designee shall have the right to enter any massage establishment during regular business hours to make reasonable inspec- tion to ascertain whether the provisions of this Chapter are being complied with. A warrant shall be obtained whenever required by law. (Ord. 1261 para. 2 (part), 1977). 8.34.110 Issuance of notice of violation. Whenever the license authority or his designee makes an inspection of a massage establishment or bathhouse and finds that any provision of this Chapter has been violated, the license authority shall give notice of such violation by means of an inspection report or other written -13- notice. In any such notification, the license 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 license authority filing a complaint for revocation or suspension of the license permit. If the license authority determines that the violations are minor in nature, the license authority may establish a specific and reasonable period of time for the correction of the violation or violations and issue a warning to the licensee or permittee that any continued or further violation of this Chapter may result in the filing of a complaint for revocation or suspension of the license or permit. If the license authority determines that the violations are not minor in nature, the license authority shall follow the procedures set forth in Section 8.34.170 through 8.34.190. (Ord. 1261 para. 2 (part), 1977). 8.34.120 Business name. No person licensed to operate a massage establishment or bathhouse shall operate under any name or conduct business under any designation not specified in the license. (Ord. 1261 para. 2 (part), 1977). 8.34.130 Business location change. Upon a change of location of a massage establishment or bathhouse, an application to the license authority shall be made and such application shall be granted, provided all applicable provisions of this code are complied with and a change of location fee in an amount established by resolution of the City Council to defray, in part, the costs of investigation and report, has been paid to the City. (Ord. 1261 para. 2 (part), 1977). 8.34.140 Sale or transfer of massage establishment or bathhouse interest. A sale or transfer of any interest in a massage establishment or bathhouse, which would be required to be reported in application pursuant to Section 8.34.050, shall be reported to the license authority -14- within ten days of such sale or transfer. The license authority shall investigate any person obtaining such interest, and if such person satisfied the requirements relating to massage establishment or bathhouse license applicants the existing license 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 license authority necessitated by each such sale or transfer. (Ord. 1261 para. 2 (part) , 1977) . 8.34.150 Display of permits and licenses. The licensee shall display the massage establishment or bathhouse license and the permit of each and every massage technician and massage or bathhouse employee employed in the establishment in an open and conspicuous place on the premises. Passport -size photographs of the licensee and permittees shall be affixed to the respective license and permits on display pursuant to this Section. Home address of licensee and permittee need not be displayed. (Ord. 1261 para. 2 (part), 1977). 8.34.160 Revocation or suspension recommendation. Any City official may recommend to the City Manager that a license or permit be revoked or suspended where he determines that grounds exist, as set forth in Section 8.34.170. (Ord. 1261 para. 2 (part), 1977). 8.34.170 Grounds for revocation or suspension of license or permit. Any license or permit 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 convinc- ing evidence that: (a) The licensee or permittee has violated any provision of this Chapter; or (b) The licensee or 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 listed or described in Section 8.34.060; or -15- (c) The licensee or permittee is required to register under Section 290 of the California Penal Code; or (d) The licensee or 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 licensee or permittee 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 or permittee 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 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. (Ord. 1261 para. 2 (part) , 1977) . 8.34.180 Hearing by City Manager for revocation or suspension. (a) The City Manager, or his designee, before revoking or suspending any license or permit, shall give the licensee or permittee at least ten days' written notice of the alledged grounds for revocation or suspension and shall conduct a hearing in the matter of whether license or permit 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 -16- 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 conclusion of the hearing, make findings of fact based upon the evidence submitted and shall decide whether or not the license or permit shall be revoked or suspended. Notice of the City Manager's or his designee's decision shall be given to the licensee or permittee within thirty days of the conclusion of the hearing. (Ord. 1261 para. 2 (part), 1977). 8.34.190 Right of appeal. Any person aggrieved by the action of the City Manager or other officials of the City, acting under this Chapter, may appeal such decision to the City Council pursuant to this Code. (Ord. 1261 para. 2 (part), 1977). 8.34.200 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 profes- sional athlete or athletic team; (c) Barbers and cosmetologists who are duly licensed under the laws of the State of California. (Ord. 1261 para. 2 (part), 1977) . 8.34.210 Violation and penalties. Every person except those mentioned in Section 8.34.200, whether acting as an owner, employee, operator, massage technician, or massage or bathhouse employee, who gives any massage or baths mentioned in this Chapter for consideration without first obtaining a permit or license to do so from the City or violates any provision of this Chapter is guilty of a misdemeanor. (Ord. 1261 para. 2 (part), 1977). -17- DIVISION 2. If any Section, Subsection, or portion of this Chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Chapter. The City Council hereby declares that it would have adopted this Chapter and each Section, Subsection, or portion thereof, irrespective of the fact that any one or more Sections, Subsections, or portion be declared invalid or unconstitutional. DIVISION 3. This Ordinance shall be published once in full before its final passage in a newspaper of general circulation, printed, published, and circulated in the City of San Rafael, and shall be in full force and effect thirty days after its final passage. FRED;JE Vice -Mayor ATTEST: JEANNE M. LEOWINI`,� City Clerk E..... I�G-HAJUAJ , - Deputy City, .QlerK The above and foregoing Ordinance No.1292 was read and intro- duced at a regular meeting of the City Council of the City of San Rafael, held on the 21st day of February, 1978, and ordered passed to print by the following vote, to -wit: AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Vice -Mayor Jensen NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mayor Bettini 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 6th day of March, 1978. 16 A/1-18 JEANNE M. LEONCIINI, City Clerk REGINA. BUCHANAN - Deputy City .Clerk DIM