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The Director shall provide each Massage Practitioner with a photo identification card. The Massage Practitioner must present the identification card to any City health inspector or law enforcement officer upon request.
Every Massage Practitioner shall pay to the Tax Collector an annual license fee as set forth in Section 29.40.
(a) Required Attire. Massage Practitioners shall remain fully clothed while administering massage or otherwise present in a part of the Massage Establishment to which the public has access (e.g., massage rooms, reception areas, publicly accessible restrooms), including premises designated by the client through an Outcall Massage Service. The Massage Practitioner’s attire shall not include: (1) attire that is transparent, see-through, or that substantially exposes the Practitioner’s undergarments; (2) swim attire, unless the Practitioner is providing a water-based massage modality that has been approved by CAMTC; or (3) attire that exposes the individual’s breasts, buttocks, or genitals.
(b) Lewd Conduct and Prostitution Prohibited. Consistent with California Penal Code Section 647, as may be amended, and San Francisco Police Code Section 225, as may be amended, Massage Practitioners shall not engage in lewd conduct or prostitution on business premises, including locations designated by the client through an Outcall Massage Service. Lewd conduct includes, but is not limited to: the performance of acts or simulated acts of sexual intercourse, masturbation, bestiality, copulation (oral, anal or vaginal), or flagellation; the actual or simulated caressing or fondling by one adult human being of the anus or genitals of another adult human being; the actual or simulated displaying of the pubic hair, anus, vagina, penis, vulva, buttocks, areola, or any other external genitalia of the human body.
(c) Solicitation of Lewd Conduct and Prostitution Prohibited. Consistent with the California Penal Code Section 647, as may be amended, and San Francisco Police Code Section 225, as may be amended, Massage Practitioners shall not engage in the solicitation of lewd conduct or prostitution, on business premises, including locations designated by the client through an Outcall Massage Service.
(a) Grounds for Suspension or Revocation. The Director may revoke or suspend any Massage Practitioner permit if the Director finds:
(1) Facts sufficient to support denial of a Massage Practitioner permit on any ground set forth in Section 29.12; or
(2) The Massage Practitioner has violated the conduct requirements in Section 29.17; or
(4) The Massage Practitioner has violated any of the provisions of this Article 29 or a rule or regulation adopted by the Director related to the practice of Massage; or
(b) The Director may not suspend or revoke a Massage Practitioner permit under this Article 29 until the Director has issued a Notice of Violation and provided the Massage Practitioner an opportunity to be heard and respond as provided in Section 29.43 of this Article 29.
(c) Notwithstanding subsection (b) of this Section 29.18, the Director may suspend summarily any Massage Practitioner permit issued under this Article 29 when, in the judgment of the Director, an extreme public health hazard requires such summary suspension. The Director shall provide written notice of such summary suspension to the permit holder by hand delivery, registered mail, or electronic mail. No more than three days after written notice of such summary suspension is given, the Director shall issue a Notice of Violation identifying the alleged acts or failures to act that constitute the basis for the summary suspension, and provide the Massage Practitioner an opportunity to be heard and respond as provided in Section 29.43 as to why the summary suspension should end. However, the time for hearing and decision shall be accelerated as follows: Upon a timely request for a hearing, the Director shall set any requested hearing within seven days, unless time is extended by mutual agreement of the affected parties; and the Director, or a designated hearing officer who shall have the same authority as the Director to hear and decide the case, and make any orders consistent with this Article 29, shall issue a decision on the summary suspension within three days after hearing.
(d) If the Permittee appeals a decision by the Director or hearing officer upholding a summary suspension to the Board of Appeals, the summary suspension shall remain in effect until a final decision is issued by the Board of Appeals. Where a permit is revoked after a summary suspension, the revocation shall be effective immediately and, if the Permittee appeals to the Board of Appeals, shall remain in effect until a final decision is issued by the Board of Appeals.
(Added as Sec. 1907 by Ord. 269-03, File No. 030995, App. 12/5/2003; redesignated as Sec. 29.8 and amended by Ord. 262-13, File No. 130400, App. 11/27/2013, Eff. 12/27/2013; redesignated and amended by Ord. 72-15
, File No. 141302, App. 5/28/2015, Eff. 6/27/2015; amended by Ord. 272-18, File No. 180757, App. 11/20/2018, Eff. 12/21/2018)
CODIFICATION NOTE
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