SEC. 29.28. REFERRAL OF MASSAGE ESTABLISHMENT AND SOLE PRACTITIONER MASSAGE ESTABLISHMENT PERMIT APPLICATIONS TO OTHER DEPARTMENTS; POLICE DEPARTMENT NOTIFICATION.

   (a)   Code Compliance. The Director, within 10 days of receiving an application for a permit to operate a Massage Establishment or Sole Practitioner Massage Establishment, shall refer the application to the Planning Department. The Director’s referral obligation under this subsection (a) does not apply in cases where a change of ownership has occurred at a pre-existing Massage Establishment or Sole Practitioner Massage Establishment.

   (b)   Law Enforcement. The Director shall notify the Police Department of all approved and denied Massage Business permit applications.

(Added as Sec. 1912 by Ord. 269-03, File No. 030995, App. 12/5/2003; redesignated as Sec. 29.13 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; Ord. 105-23, File No. 221160, App. 6/16/2023, Eff. 7/17/2023)

(Former Sec. 29.28 added as Sec. 1928.1 by Ord. 140-09, File No. 090403, App. 7/2/2009; redesignated by Ord. 262-13, File No. 130400, App. 11/27/2013, Eff. 12/27/2013; redesignated as Sec. 29.46 and amended by Ord. 72-15 , File No. 141302, App. 5/28/2015, Eff. 6/27/2015)

SEC. 29.29. ISSUANCE OF MASSAGE ESTABLISHMENT, SOLE PRACTITIONER MASSAGE ESTABLISHMENT, OR OUTCALL MASSAGE SERVICE PERMIT.

   (a)   Within 90 business days following receipt of a completed application for a Massage Business permit, or, for applications subject to referral under Section 29.28, within 30 days of receiving all written findings, whichever is later, the Director shall either issue the permit or mail a written statement of his or her reasons for denial thereof to the applicant. If the Director takes neither action, the permit shall be deemed issued.

   (b)   No Massage Establishment, Sole Practitioner Massage Establishment, or Outcall Massage Service permit shall be issued if the Director finds:

      (1)   The applicant has provided materially false information, documents, or testimony in support of the application or in any other matter before the Director; or

      (2)   The facilities as proposed by the applicant would not comply with all applicable laws including, but not limited to, the facilities requirements set forth in Section 29.27, the City Building, Planning, Housing, and Fire Codes, or any rule or regulation related to Massage facilities adopted by the Director pursuant to this Article 29; or

      (3)   Within one year prior to the application, the applicant has had any license or permit of any kind suspended or revoked by the Director; or

      (4)   Prior to the date of application, the applicant has had any license, certificate, or permit related to the practice of Massage or operation of a Massage Establishment or Massage service revoked; or

      (5)   The applicant has been Convicted of any of the following offenses:

         (A)   Any offense involving the use of coercion, force, or violence upon another person; or

         (B)   Any misdemeanor sexual battery; or

         (C)   Any offense involving sexual misconduct with children; or

         (D)   Any offense involving pimping or pandering; or

         (E)   Any offense related to human trafficking; or

         (F)   Any offense requiring registration pursuant to Section 290 of the California Penal Code or, for offenses committed outside California, any offense requiring registration in California pursuant to Penal Code Section 290.005; or

      (6)   The Director revoked permission to operate a Massage Business at the same location within the prior 36 months; or

      (7)   The Director concludes there is good cause to deny the permit in accordance with Section 26 of Article 1 of the Business and Tax Regulations Code; or

      (8)   The Director finds that the premises or the Massage Business will be or is being managed, conducted, or maintained in such a manner as to endanger the health and safety of the employees or clients, or to coerce any employee to engage in illegal conduct; or

      (9)   The applicant has not fully complied with the provisions of this Article 29; or

      (10)   The applicant has not demonstrated eligibility for a permit under this Article 29.

   (c)   Discretionary Exception for Criminal Convictions. The Director may issue a permit otherwise authorized under this Section to any Owner Convicted of one of the offenses listed in subsection (b)(5) of this Section 29.29 if the Director finds that the offense was not violent, the conviction occurred at least five years prior to the date of application, and the applicant has not been convicted subsequently of any of the listed offenses.

   (d)   Right to Director’s Hearing. If an application for a Massage Establishment, Sole Practitioner Massage Establishment, or an Outcall Massage Service permit is denied, the applicant may appeal the denial within 15 days of the date listed on the notice of denial by notifying the Director in writing and explaining the ground or grounds for the appeal. Within 60 days of receipt of the notice of appeal, the Director shall conduct a hearing to consider the appeal. At least 10 days prior to the hearing, the Director shall notify the applicant of the time and place of the hearing. The Director shall oversee the hearing, provide the applicant an opportunity to speak at the hearing, and issue a ruling within 60 days of the conclusion of the hearing. If the Director fails to rule within this time period, the permit denial shall be deemed sustained. The Director’s ruling shall be the final decision of the Department.

(Added as Sec. 1913 by Ord. 269-03, File No. 030995, App. 12/5/2003; redesignated as Sec. 29.14 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)

(Former Sec. 29.29 added as Sec. 1928.2 by Ord. 140-09, File No. 090403, App. 7/2/2009; redesignated and amended by Ord. 262-13, File No. 130400, App. 11/27/2013, Eff. 12/27/2013; redesignated as Sec. 29.47 and amended by Ord. 72-15 , File No. 141302, App. 5/28/2015, Eff. 6/27/2015)

SEC. 29.30. ANNUAL LICENSE FEE.

     Every Massage Establishment, Sole Practitioner Massage Establishment, or Outcall Massage Service permit holder shall pay to the Tax Collector an annual license fee as set forth in Section 29.41.

(Added by Ord. 72-15 , File No. 141302, App. 5/28/2015, Eff. 6/27/2015)

(Former Sec. 29.30 added as Sec. 1929 by Ord. 269-03, File No. 030995, App. 12/5/2003; redesignated by Ord. 262-13, File No. 130400, App. 11/27/2013, Eff. 12/27/2013; redesignated as Sec. 29.48 and amended by Ord. 72-15 , File No. 141302, App. 5/28/2015, Eff. 6/27/2015)

SEC. 29.31. OPERATING REQUIREMENTS.

   Massage Establishments, Sole Practitioner Massage Establishments, and Outcall Massage Services must comply with the following operating requirements to the extent applicable:

   (a)   Cleanliness and Hygiene. Massage facilities, including all appliances and apparatuses, shall be kept clean and operated in a sanitary condition.

      (1)   Adequate and suitable space shall be provided for storage of clean linens, including, but not limited to, sheets, towels, and apparel.

      (2)   Clean sheets and towels shall be provided, laundered after each use, and stored in a sanitary manner.

      (3)   No towels or sheets shall be laundered or dried on the premises in the absence of suitable laundry facilities.

      (4)   Smooth, cleanable, and appropriately labeled receptacles for the storage of soiled linens and towels shall be provided.

      (5)   Soiled refuse shall be appropriately bagged and disposed of.

      (6)   Wet and dry heat rooms, shower compartments, and toilet rooms shall be thoroughly cleaned each business day.

      (7)   Bathtubs shall be thoroughly cleaned and sanitized after each use.

      (8)   The facility shall be free of vermin, including but not limited to cockroaches, mice, rats, and other pests that carry disease.

   (b)   Changing Area. A room, enclosure, or designated area shall be provided where clients can change and store their clothes.

   (c)   Employee Area. A room, enclosure, or designated area that is separate from the toilet, massage room(s), steam room, or other common areas shared by the clients shall be made available to employees at all times. The employee area(s) shall be furnished with individual lockers and adequate storage space for employees’ personal belongings. Members of the public may not have access to the employee area.

   (d)   Employment of Minors Prohibited. It shall be unlawful to employ any individual who is not at least 18 years of age.

   (e)   Register of Practitioners. Every Massage Establishment or Outcall Massage Service that hires or contracts with individuals to provide Massage services shall ensure at all times that each such individual holds a valid and current Massage Practitioner permit or CAMTC certificate. The Massage Establishment or Outcall Massage Service shall maintain a register of practitioners that includes each practitioner's permit or CAMTC certificate number, which shall be available for inspection by the Department at all times.

   (f)   Practitioner Conduct. Massage Establishments shall be responsible for the conduct of all individuals providing Massage for Compensation on their business premises and shall ensure that such individuals do not wear improper attire or engage in lewd conduct as set forth in Section 29.17.

   (g)   Locks. Doors that permit entry into any treatment room shall not be equipped with locks or any device designed to prevent, impede, or delay entry into a room. Massage Establishment exterior doors may be equipped with locks, but shall remain unlocked while the Massage Establishment is open for business. Exterior doors may remain locked while the Massage Establishment is open for business only if (1) there is no more than one employee or independent contractor on the premises of the Massage Establishment, exclusive of the owner Owner,1 or (2) if the Director has approved a request from the Massage Establishment to install an exterior door keyless lock system with access code. Massage Establishments that remain locked while open for business, using a pre-approved exterior door keyless lock system, shall, before operation of such system, provide the Department with a valid access code or other method of unlocking the system and, further, shall immediately inform the Department of any changes to the access code or other method of unlocking the system. The Massage Establishment shall at all times ensure the keyless lock system is in good repair and able to be unlocked by the Department. It shall be a violation of this subsection (g) if at any time during the Massage Establishment’s operating hours the Department cannot gain entry using the provided access code or other method of unlocking.

   (h)   No Alcohol or Illegal Drugs Permitted on Premises. No alcoholic beverages or drugs may be sold, served, used, or possessed on business premises during business hours. ''Alcoholic beverage" includes a mixture of one or more alcoholic beverages ingested separately or as a mixture as defined in Section 23004 of the California Business and Professions Code. "Drug" shall include all narcotics, drugs, or controlled substances as defined in Chapter 2 (commencing with Section 11053) of Division 10 of the California Health and Safety Code.

   (i)   Human Trafficking Information Notices. Massage Establishments must comply with the requirements of California Civil Code Section 52.6. The required notices of human trafficking information and telephone hotline numbers shall be posted in English, Spanish, Chinese, and other appropriate languages as determined by the Department.

   (j)   Residential Use. Massage facility premises shall not be used as a sleeping room or for any other residential purpose. A Massage Establishment shall be presumed to be used for residential purposes if any of the following items are maintained on the premises:

      (1)   Beds or mattresses, other than professional Massage tables;

      (2)   Bedding, such as pillows, blankets, and sheets, other than those used for professional Massage tables;

      (3)   Sleepwear, including but not limited to, pajamas, nightgowns, and lingerie;

      (4)   Groceries that require cooking, such as raw meats, poultry, fish, and grains; or

      (5)   Clothing that exceeds one change of clothing for each employee or independent contractor who is present on the premises.

   (k)   Establishment Permit to be Displayed. Every permit to operate a Massage Establishment or Sole Practitioner Massage Establishment shall be displayed in a conspicuous place within the Establishment such that the permit may be readily seen by individuals entering the premises.

   (l)   Outcall Massage Service Permit Subject to Inspection. Every permit to operate an Outcall Massage Service must be made available for inspection by the Department at all times while providing Massage services.

   (m)   Hours of Operation. No Massage Business shall operate or provide Massage services, and no customer or person not employed or contracted by the Massage Business may be on the premises of a Massage Establishment, during the hours between 10:00 p.m. and 7:00 a.m.

   (n)   Advertising. No Massage Business shall publish or distribute, or cause to be published or distributed, including on the internet, any advertising for services that would violate this Article 29.

   (o)   Operation of Massage School Prohibited. No Massage Business shall operate a Massage school or otherwise provide instruction in Massage on the premises of a Massage Establishment.

(Added 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; Ord. 105-23, File No. 221160, App. 6/16/2023, Eff. 7/17/2023)

(Former Sec. 29.31 added as Sec. 1930 by Ord. 269-03, File No. 030995, App. 12/5/2003; redesignated by Ord. 262-13, File No. 130400, App. 11/27/2013, Eff. 12/27/2013; redesignated as Sec. 29.49 and amended by Ord. 72-15 , File No. 141302, App. 5/28/2015, Eff. 6/27/2015)

CODIFICATION NOTE

1.   So in Ord. 105-23.

SEC. 29.32. INSPECTION.

   Any member of the Department may inspect any Massage Establishment or Sole Practitioner Massage Establishment to determine whether the Establishment is operating in compliance with the provisions of State law or this Article 29, or for the purpose of providing educational materials to employees of the Establishment in culturally and linguistically appropriate languages regarding the City and County of San Francisco Sanctuary City policy, employee rights, and information on a variety of resources, including linkage to health care services, victim services, and emergency numbers and hotlines to call for information and assistance. Nothing in this Section shall be construed to limit or restrict the lawful authority of a police officer or other City employee to enter premises licensed under this Article 29.

(Added as Sec. 1919 by Ord. 269-03, File No. 030995, App. 12/5/2003; redesignated as Sec. 29.19 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)

(Former Sec. 29.32 added as Sec. 1931 by Ord. 269-03, File No. 030995, App. 12/5/2003; redesignated by Ord. 262-13, File No. 130400, App. 11/27/2013, Eff. 12/27/2013; redesignated as Sec. 29.50 and amended by Ord. 72-15 , File No. 141302, App. 5/28/2015, Eff. 6/27/2015)

SEC. 29.33. SUSPENSION OR REVOCATION OF MASSAGE ESTABLISHMENT, SOLE PRACTITIONER MASSAGE ESTABLISHMENT, OR OUTCALL MASSAGE SERVICE PERMIT.

   (a)   Grounds for Suspension or Revocation. The Director may revoke or suspend any Massage Establishment, Sole Practitioner Massage Establishment, or Outcall Massage Service permit, after a hearing, if the Director finds:

      (1)   Facts sufficient to support the denial of such permit on any ground set forth in Section 29.29; or

      (2)   The permittee or the permittee’s agent, employee, or independent contractor has refused to permit a lawful inspection of its business premises or its operations, or has interfered with City staff in the performance of an inspection such as by threatening them, touching them, or intentionally delaying their entry to the premises of the Massage Business; or

      (3)   The permittee or the permittee’s agent, employee, or independent contractor has engaged in any conduct in connection with the operation of the business that violates the operating requirements set forth in this Article 29, any rules or regulations related to Massage Business operations, or any State or local laws relating to the practice of Massage or the operation of a Massage Business; or

      (4)   The Director determines that such Massage Business is being managed, conducted, or maintained without regard for public health or the health of clients or employees, or without due regard for proper sanitation and hygiene; or

      (5)   The Director finds good cause to suspend or revoke the permit in accordance with Sections 24 or 26 of Article 1 of the Business and Tax Regulations Code.

   (b)   The Director may not suspend or revoke a Massage Business permit under this Article 29 until the Director has issued a Notice of Violation and provided the Massage Business and the owner of the property upon which the Massage Business is located an opportunity to be heard and respond as provided in Section 29.43 of this Article 29.

   (c)   Notwithstanding subsection (b) of this section 29.33, the Director may suspend summarily any Massage Business 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 Business 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. 1921 by Ord. 269-03, File No. 030995, App. 12/5/2003; redesignated as Sec. 29.21 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)